NINTH Meeting – Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 16th day
of April, 2018 in the Council Chamber of the Oakville Municipal Building,
1225 Trafalgar Road, Oakville, commencing at 7:00 p.m.
Present: Mayor - Rob Burton (Left at 9:36 p.m. and returned at 10:25 p.m.)
Councillors - Tom Adams
- Ray
Chisholm
- Cathy
Duddeck
- Allan
Elgar
- Dave
Gittings
- Marc
Grant
- Jeff
Knoll
- Natalia
Lishchyna
- Sean
O’Meara
- Ralph Robinson
Staff: - J.
Clohecy, Commissioner of Community Development
- D.
Carr, Town Solicitor
- M.
Simeoni, Director of Planning Services
- D.
Cozzi, Director of Engineering and Construction
- 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
- L.
Gill Woods, Senior Planner, Policy Planning and Heritage
- R.
Thun, Senior Planner
- T.
Collingwood, Senior Planner
- B.
Sunderland, Planner
- G.
Abma, Planner
- D.
Brennan, Chief of Staff, Office of Mayor and Council
- K.
Patrick, Acting Town Clerk
- N.
Fiorentino, Council and Committee Services Coordinator
Regrets: Councillor - Nick Hutchins
Declarations of Pecuniary Interest
No declarations of pecuniary interest were declared.
Committee of the Whole
Moved by Councillor Robinson Seconded
by Councillor Lishchyna
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 Duddeck
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That the verbal report from MPP Flynn
regarding Bill 139 Update be received.
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CARRIED
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Moved by Councillor O’Meara
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1.
That comments from the public with respect
to the Zoning By-law Amendment and Draft Plan of Subdivision application by
Halton Catholic District School Board, File No.’s: Z.1727.16 and
24T-18002/1727, be received;
2.
That analysis of the following matters of
interest to Council be included as part of the recommendation report:
a. How will the tree canopy be preserved?
b. Can utility poles come down along the east side of the
property?
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CARRIED
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2.
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Public Meeting Report, Official Plan Amendment, Zoning By-law
Amendment, Draft Plan of Subdivision, 407 Dundas L.P., 407 Dundas Street
West, File No. OPA 1319.06, Z.1319.06, 24T 17007/1319
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Report from Planning Services Department,
March 22,
2018
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For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Kean
Akrawi and Omar Al-Shaweeda, re: opposing this application citing its proximity
and impact to their personal residences and safety concerns primarily dealing with:
the intersection at Trailside Drive and the blind spots for drivers, the close
proximity of the school to the intersection and the safety of passing school
children and pedestrians, the number of parked cars, the honking and loud
traffic noises – all currently taking place and will be made greater due to the
proposed developments which will add vehicles and increase traffic. Concerns
with overcrowding at the local playground park and the school were also noted; and
filed a written submission with a petition.
JoAnne Cornell, re:
concerns with increase in volume of vehicle traffic and traffic congestion alongside
issues of speeding, accidents, and the safety of the local children in the area
due to the added development and the volume of traffic it brings. Ms. Cornell
also noted that Lane 132 will become problematic as it will begin to be used as
an alternate route diverting from the use of Trailside Drive to avoid the
congestion.
Annamaria Lerullo, re: concerned with the height
of the proposed building and has similar concerns with the previous delegations
who are also her neighbours. Ms. Lerullo further noted that the 10 storey
proposal is very large, will have lots of intrusive lights onto the area
residences, and does not suit the neighbourhood. Also asked if the ground
floor commercial space needed to be there.
TK Ding, re: concerns with not enough visitor
parking, traffic and vehicle congestion, traffic noise and accidents, and
safety concerns for children in area. Also had concerns that parking for the
commercial stores would create a problem for the residents.
The following
communication(s) were distributed at the meeting:
- (March 29, 2018), Mina Akrawi
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Moved by Councillor Knoll
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1. That comments from the public with respect to the Official Plan
Amendment, Zoning By-law Amendment and Draft Plan of Subdivision
applications by 407 Dundas L.P., (File No. Z1319.06, OPA 1319.06,
24T-17007/1319), be received.
2. That analysis of the following matters of interest to Council be
included as part of the recommendation report:
a. Sun and shadow study across the south.
b. Wind tunnel affect.
c. Traffic impact study as part of the application which will consider
among other matters parking adequacy, specifically focusing on adequacy of
spaces for visitor parking.
d. How do the townhomes blend in with existing urban design?
e. How will the commercial uses be laid out to ensure viability and
variety?
f. The impact on the ability to support transit.
g. How commercial parking will be managed.
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CARRIED
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Moved by Councillor Grant
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1.
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That the comments from the public with
respect to the temporary use zoning by-law amendment application by EMGO Lease
Ltd., File No. Z.1315.07, be received.
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2.
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That the temporary use zoning by-law
amendment application submitted by EMGO Lease Ltd. (File No. Z.1315.07), be
approved on the basis that they are consistent with the Provincial Policy
Statement, conformed to all applicable Provincial plans, the Region of
Halton Official Plan, and the Livable Oakville Official Plan, have regard
for matters of Provincial interest, and represent good planning for the
reasons outlined in the report from Planning Services department dated
March 22, 2018.
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3.
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That By-law 2018-050, an amendment to
Zoning By-law 2009-189, be passed; and
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4.
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That notice of Council’s decision
reflects that Council has fully considered all written and oral submissions
related to this matter and that these comments have been appropriately
addressed.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Joel
Farber, Fogler Rubinoff LLP, representing RioCan Real Estate Investment Trust re:
requesting Council to examine and endorse the special policy provision submitted
by Mr. Farber in his November 3, 2017 correspondence which suggests the idea to
implement the planning vision that has grown out of the town studies that began
in 2013 when the town initiated the Trafalgar Road corridor study. Through that
study Oakville Place (owned by RioCan) was recognized as one of the key
redevelopment opportunity sites for mixed use intensification. Mr. Farber noted
the importance of including Oakville Place in the Employment and Commercial
Review (ECR); and filed a written submission.
The following
communication(s) were distributed at the meeting:
- (April 16, 2018), Patrick J. Harrington, Aird and Berlis LLP
- (April 16, 2018), David A. McKay, MHBC Planning Urban Design and
Landscape Architecture
- (April 13, 2018), Louis Tinker, Bousfields Inc.
- (September 19, 2017), Patrick J. Harrington, Aird and Berlis LLP
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Moved by Councillor O’Meara
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1.
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That the proposed town-initiated
official plan amendment (File No. 42.15.49, Employment and Commercial
Review) be approved on the basis that it is consistent with the Provincial
Policy Statement, conforms to all applicable Provincial Plans, Halton’s
Regional 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
March 22, 2018;
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2.
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That By-law 2018-054, a by-law to adopt
Official Plan Amendment Number 26 (OPA 26) to the Livable Oakville Plan be
passed;
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3.
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That the notice of Council’s decision
reflects 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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4.
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That Appendix F to the report from
Planning Services Department dated March 22, 2018 be endorsed as Council’s
position with respect to the employment land conversion requests originally
submitted to the town, and that it be provided along with the relevant
supporting material as input to Halton Region’s municipal comprehensive
review.
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5.
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That staff be directed to:
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a)
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proceed with the preparation of an
implementing zoning by-law amendment to Zoning By-law 2014-014 once OPA 26
is approved; and,
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b)
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study the potential intensification of
sites within the Community Commercial designation considering the town’s
adopted Urban Structure, local development interest and land use policy
changes proposed by neighbouring municipalities for similar sites.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Rick
Mateljan, re: requesting clarification respecting three red circles on Schedule
F of the staff report and permissions allowed.
Ann-Marie
Mason, Champion Pet Foods located on Speers Road, re: requesting clarification
with respect to if Item 5 is dealing with only the land use of Speers Road and
not the widening of Speers Road.
Dave and Kirstin Randall-Gaw, re: requesting clarification regarding
impact on area residents and if there will be any implications to backyard
space, greenbelt area, privacy, wildlife, and timeframes.
Sandra
MacKintosh, re: concern for homeowners south of Speers Road and requested that
should there be any entertainment centers or sports centers built in the future,
that they be kept away from those homes.
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Moved by Councillor Robinson
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1.
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That the proposed town-initiated
official plan amendment (Speers Road Corridor Special Policy Area, File:
42.23.007) 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 represent good planning for
the reasons set out in the report from the Planning Services department;
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2.
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That By-law 2018-055, a by-law to adopt
Official Plan Amendment Number 27 (OPA 27) to the Livable Oakville Plan 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
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
Tony Fragoso, re: supportive of
new design and requested clarification regarding number of storey’s, timeline/schedule.
Mr. Fragoso donated two 40 foot maple trees to the HCDSB seven years ago and
has permission to move trees but requires clarification when these trees can be
moved.
Michael Bissett, Bousfields Inc.,
representing Menkes, noting that he is present and available to answer any
questions and advised they will meet with the previous delegation regarding the
moving of the trees.
The following
communication(s) were distributed at the meeting:
- (April 12, 2018), Hongzhe Shi and Manyu Lin
- (September 19, 2017), Terry and Shannon Medeiros
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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 Zoning By-law Amendment and Draft
Plan of Subdivision applications submitted by Halton Catholic District
School Board and Menkes Developments Ltd. (File No. Z.1410.20 and
24T-16008/1410), as revised, 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 Official Plan, have regard for matters of Provincial interest, and
represent good planning for the reasons outlined in the report from the
Planning Services department dated March 22, 2018.
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3.
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That the Director of Planning Services
be authorized to grant draft plan approval to the Draft Plan of Subdivision
(24T-16008/1410) submitted by Menkes Developments Ltd., prepared by
Bousfields Inc. dated December 19, 2017 subject to the conditions contained
in Appendix B.
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4.
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That By-law 2018-049, an amendment to
Zoning By-law 2014-014, be passed; and
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5.
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That notice of Council’s decision
reflect that Council has fully considered all written and oral submissions
related to this matter and that these comments have been appropriately
addressed.
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CARRIED
Mayor Burton passed the Chair to
Councillor Dave Gittings, Acting Mayor at 9:36 p.m.
BEYOND THE HOUR
Moved by Councillor Knoll
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:
Lucy
Papaloni, re: opposed to proposed development noting that the development will
bring increased traffic and congestion on a narrow residential street,
increased noise, concerned with safety of young children due to increased
traffic, increased pollution, proposed four storey townhomes block the sunlight
and view on the two storey residences while creating shadows, it impacts
families negatively, and the proposed development is not suitable for the
neighbourhood; and filed a written submission.
Zia
Malik, re: opposed to proposed development as it will increase vehicle
congestion and create bottleneck traffic on residential streets.
Diana
Vlasic, representing DiCarlo Homes, re: supporting staff recommendations and
present to answer questions.
Janusz
Brzek, re: opposed to proposed development noting that he purchased his
property and pays high taxes as he was given assurance that it will be a quiet
area. Mr. Brzek also noted that the proposed development will bring vehicle
congestion on a small residential street with no access to Trafalgar Road, and
parking will be chaotic.
Waiving
of Procedure
Moved by Councillor Knoll
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.
MOTION
LOST
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Moved by Councillor Duddeck
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1.
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That the property at 1196 Linbrook 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
Acting Mayor Gittings recessed the meeting until
a suitable time to reconvene is established by the Clerk’s department.
The meeting recessed
at 10:30 p.m.
NINTH Meeting – Regular Session
The Town of Oakville Council reconvened
in regular session to consider planning matters on this 19th day of April,
2018, to complete the Council meeting of April 16, 2018. The meeting was held
in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar
Road, Oakville, commencing at 7:30 p.m.
Present: Mayor - Rob Burton
Councillors - Tom Adams
- Ray
Chisholm
- Cathy
Duddeck
- Allan
Elgar
- Dave
Gittings
- Marc
Grant (Arrived 7:33 p.m.)
- Nick
Hutchins
- Jeff
Knoll (Arrived 7:43 p.m.)
- Natalia
Lishchyna
Staff: - J.
Clohecy, Commissioner of Community Development
- N. Chandra,
Assistant Town Solicitor
- M.
Simeoni, Director of Planning Services
- D.
Cozzi, Director of Engineering and Construction
- D.
St. George, Director of Economic Development
- H.
Hecht, Manager of Current Planning East District
- T.
Collingwood, Senior Planner
- A.
St. John, Economic Development and Research Officer
- K.
Patrick, Acting Town Clerk
- N.
Fiorentino, Council and Committee Services Coordinator
Regrets: Councillors - Sean O’Meara
- Ralph Robinson
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7.
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Recommendation Meeting Report,
Zoning By-law Amendment DiCarlo Homes Z.1413.31, 2136 and 2148 Trafalgar Road
–
By-law 2018-056
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Report from Planning Services Department,
March 22,
2018
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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 by DiCarlo Homes, (File No. Z.1413.31) 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 Official 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 March 22, 2018;
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3.
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That By-law 2018-056 be passed; and,
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4.
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That notice of Council’s decision
reflect that Council has fully considered all the written and oral
submissions relating to this matter and that those comments have been
appropriately addressed.
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CARRIED
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Moved by Councillor Chisholm
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1.
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That the staff report Burloak Dr
& Kerr Street Grade Separation Projects, Fundamental Principals for
Cost Sharing Agreements with Metrolinx, from the Engineering &
Construction Department dated March 15, 2018, be received; and
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2.
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That the CAO and Town Solicitor be
delegated the authority to execute agreements with Metrolinx based on the
fundamental principles outlined in the report.
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CARRIED
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Moved by Councillor Hutchins
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That the staff report from the Economic
Development department entitled Economic Development Annual Report,
dated March 19, 2018 be received.
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CARRIED
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Moved by Councillor Duddeck
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That the following recommendations
pertaining to Items 6(a) and (b) of the Heritage Oakville Advisory Committee
minutes from its meeting on March 27, 2018, be approved and the remainder of
the minutes be received:
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1.
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That Heritage Permit Application
HP010/14-42.20M for construction of a new rear addition and a new detached
garage at 271 MacDonald Road, as attached in Appendix B to the report dated
March 14, 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
- serious consideration being given to
a gable end roof for the new garage, with roof pitch to match the
existing residence; 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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The following
communication(s) were distributed at the meeting:
- (April 19, 2018), Tim and Cory Fisher
- (April 3, 2018), Tim and Cory Fisher
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That Heritage Permit Application
HP011/18-42.20S for the replacement of historic windows at 328 Sumner
Avenue, as attached in Appendix B to the report dated March 14, 2018 from
Planning Services, be denied.
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CARRIED
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RISE AND REPORT TO COUNCIL
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Moved by Councillor Lishchyna
That this committee rise and
report.
CARRIED
The Mayor arose and reported that
the Committee of the Whole has met and made recommendations on April 16, 2018
on Public Hearing Items 1, 2, 3, 4 and 5, Discussion Items 6, 10 and 12 and on
April 19, 2018, on Discussion Items 7, 8 and 9 and Advisory Committee Minutes
Item 11, as noted by the Clerk.
Moved by Councillor Chisholm Seconded
by Councillor Elgar
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
Moved by Councillor Grant Seconded
by Councillor Knoll
CARRIED
The Mayor adjourned
the meeting at 8:05 p.m.
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KATHY PATRICK
ACTING
TOWN CLERK