Meeting - Regular Session

 

TWENTY-SEVENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 10th day of December, 2018 in the South Atrium 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

                                                -     Janet Haslett-Theall

                                                -     Jeff Knoll

                                                -     Natalia Lishchyna

                                                -     Peter Longo

                                                -     Sean O’Meara

                                                -     Pavan Parmar

-     Beth Robertson

-     Jasvinder Sandhu

                                               

Staff:                                       -     J. Clohecy, Commissioner of Community Development

                                                -     D. Carr, Town Solicitor

                                                -     N. Chandra, Assistant Town Solicitor

                                                -     M. Simeoni, Director of Planning Services

                                                -     J. Barry, Director of Municipal Enforcement Services

                                                -     G. Charles, Senior Manager of Current Planning and                  

                                                      Urban Design

                                                -     D. Childs, Manager of Policy Planning and Heritage

                                         -   H. Hecht, Manager of Current Planning (East District)

                                         -     C. Tizzard, Manager of Urban Design

                                                -     S. Campbell, Manager of Enforcement Services

                                                -     M. Boswell, Supervisor of Enforcement Services

                                                -     J. Mattocks, Supervisor of Enforcement Services

                                                -     M. Dalrymple, Planner

                                                -     S. Schappert, Heritage Planner

                                                -     K. Patrick, Acting Town Clerk

-     N. Fiorentino, Council and Committee Services Coordinator

     

Declarations of Pecuniary Interest

 

Councillor O’Meara declared an interest with respect to Item 7 – Sign By-law ReviewBy-law 2018-153, as one of his immediate family members is a real estate agent in town who will be impacted by the Sign by-law restrictions.

 

 

 

Committee of the Whole

 

Moved by Councillor Duddeck                   Seconded by Councillor Elgar

 

That this meeting proceed into a Committee of the Whole session.

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

1.

Assumption of Subdivision 20M-989 North Maroak Developments Phase 1 – South of Dundas, East of Eighth line - By-law 2018-026

 

 

-           Report from Development Engineering Department, November 14, 2018

 

 

Moved by Councillor Adams

 

1.

That the assumption of Registered Plan 20M-989 be approved.

 

2.

That By-law 2018-026 a by-law to assume public works and streets within Plan 20M-989 be approved.

                                                                                                                       

CARRIED

 

 

2.

Assumption of Subdivision 20M-996 North Maroak Developments Phase 2 – South of Dundas, East of Eighth line By-law 2018-027

 

 

-           Report from Development Engineering Department, November 14, 2018

 

 

Moved by Councillor Lishchyna

 

1.

That the assumption of Registered Plan 20M-996 be approved.

 

2.

That By-law 2018-027 a by-law to assume public works and streets within Plan 20M-996, be approved.

 

                                                                                                               CARRIED

 


 

3.

"H" Holding Provision Removal - Sagitta Construction Ltd. and Foxcotte Village Estates - Z.1311.04 - By-law 2018-150

 

 

-           Report from Planning Services Department,

November 19, 2018

 

 

Moved by Councillor Chisholm

 

1.

That the application (File No.: Z.1311.04) submitted by Glen Schnarr & Associates Inc., to remove the Holding “H1” Provision from the lands known as Blocks 381 and 382 of Plan 20M-1183, be approved.

 

2.

That By-law 2018-150, a By-law to remove the Holding “H1” Provision from Zoning By-law 2009-189, as amended, be passed.

 

                                                                                                               CARRIED

 

 

4.

"H" Holding Provision Removal - EMGO (North Oakville 1) Ltd., 404072 Ontario Ltd. (Petgor Phase 2) and Sixth Line Corp. - Z.1315.05 and Z.1314.06 - By-law 2018-154 and

By-law 2018-155

 

 

-           Report from Planning Services Department,

November 19, 2018

 

 

Moved by Councillor Adams

 

1.

That the applications (File No.: Z.1315.03 and Z.1314.06) submitted by Korsiak Urban Planning, to remove the Holding “H8” and “H9” Provisions from the lands known as Part of Lots 13, 14 and 15, Concession 1, NDS (24T-12011/1314 and 24T-12012/1315), be approved.

 

2.

That By-law 2018-154, a By-law to remove the Holding “H8” Provision from Zoning By-law 2009-189 as amended, be passed.

 

3.

That By-law 2018-155, a By-law to remove the Holding “H9” Provision from Zoning By-law 2009-189 as amended, be passed.

 

                                                                                                               CARRIED


 

C-1.

LPAT Hearing - OPA 321, PL180831

 

-           Confidential Report from Legal Department,

December 3, 2018 (Not previously listed)

 

 

Moved by Councillor Duddeck

 

That staff be authorized to proceed in the appeals to the Local Planning Appeal Tribunal related to OPA 321 (LPAT Case #PL180831) and related matters in accordance with the report from the Legal Department dated December 3, 2018.

 

                                                                                                               CARRIED

 

 

5.

Public Meeting Report, Official Plan Amendment, Zoning By-law Amendment, 393 Dundas L.P., 393 Dundas Street West, File No. OPA 1319.07, Z.1319.07

 

 

-           Report from Planning Services Department,

November 19, 2018

 

 

RECESS

 

The meeting recessed at 7:07 p.m. to fix the sound system and resumed at 7:15 p.m.

 

For the purposes of Planning Act requirements, the following person(s) made an oral submission:

-  Vishal Kapror, re: concerns about density, parking, shadowing to the north and traffic noting that the public school does not have enough parking spaces and therefore teachers are being given permits for on-street parking which is upsetting residents who are competing to use those parking spaces. 

 

Moved by Councillor Parmar

 

1.

That the public meeting report prepared by the Planning Services Department dated November 19, 2018, be received.

 

2.

That comments from the public with respect to the proposed Official Plan Amendment and Zoning By-law Amendment applications (File No: OPA 1319.07, Z.1319.07) submitted by 393 Dundas Street L.P., be received.

 

3.

That analysis of the following matters of interest to Council be included as part of the recommendation report:

 

a)    Confirm the area/concerns around unit count and density;

b)    Is there enough parking and how will it be addressed and managed going forward?

c)    Explain the impacts of shadowing on buildings that will be behind (north);

d)    How many properties were notified in the 120m radius notice range?

e)    Why is the Floor Space Index (FSI) increasing from 2.5 to 2.69?

f)     Information regarding complete communities as they relate to Provincial approval of schools being built in the developments within north Oakville and what measures or tools can be used to assist with ensuring that the number of schools being built supports the developments taking place.

 

                                                                                                               CARRIED

 

                                                                                                   

6.

Recommendation Report Zoning By-law Amendment - Oakville Urban Core Developments Z.1310.13 - 1005 Dundas Street East and 3033 Eighth Line - 2018-108

 

 

-           Report from Planning Services Department,

November 19, 2018

 

 

Moved by Councillor Adams

 

1.

That the Zoning By-law Amendment application submitted by Oakville Urban Core Developments, (File No. Z.1310.13) be approved on the basis that the Zoning By-law Amendment is consistent with the Provincial Policy Statement, conforms with all applicable provincial plans, the Halton Region Official Plan, and the North Oakville East Official Plan, has regard for matters of Provincial interest, and represents good planning for the reasons outlined in the report from the Planning Services Department dated November 19, 2018;

 

2.

That By-law 2018-108, an amendment to Zoning By-law 2009-189, be passed;

 

3.

That notice of Council’s decision reflects that Council has fully considered all written and oral submissions relating to this matter and that those comments have been appropriately addressed; and,

 

4.

That, in accordance with Section 34(17) of the Planning Act, no further notice is determined to be necessary.

                                                                                                                       

                                                                                                               CARRIED


 

7.

Sign By-law Review - By-law 2018-153

 

 

-           Report from Municipal Enforcement Services, Planning Services and Legal Departments, November 19, 2018

-           Memorandum from Municipal Enforcement Services, December 10, 2018

 

 

For the purposes of Planning Act requirements, the following person(s) made an oral submission:

- Oliver Matas, Broker and President of the Oakville, Milton and District Real Estate Board (OMDREB), representing 1800 members, re: supporting a revision to the Sign By-law to permit up to 5 A-frame signs for open houses instead of the proposed 3; and filed a written submission.

 

The following communication(s) were distributed at the meeting:

-  (December 10, 2018), Mark Steiman

 

 

Moved by Councillor O’Meara

 

1.    That By-law 2018-153 described in the report from the Municipal Enforcement Services, Planning Services and Legal Departments dated November 19, 2018, being a by-law to prohibit and regulate signs within the Town of Oakville be approved, as revised in accordance with the memo dated December 10, 2018 from Municipal Enforcement Services, and to also include a revision to Part 11 - ‘Signs Not Requiring a Permit’, section 17, to allow a maximum of five (5) A-frame signs per property for sale and that By-law 2006-005, as amended, be repealed; 

 

2.    That the updated fees listed in Appendix A to the report from the Municipal Enforcement Services, Planning Services and Legal Departments dated November 19, 2018, be approved, as revised, and effective immediately, and such fees be included in the 2019 Rates and Fees schedules; and

 

3.    That staff be directed to report back to the Planning and Development Council by the second quarter of 2019, on the feasibility of adding community mobile sign locations in each ward.

 

 

Moved by Councillor Parmar

 

4.    That staff report back on best practices regarding election sign penalties, periods of display and numbers of signs allowed.

 

                                                                                                               CARRIED

 

 

 

 

The Mayor called for the vote on clause one of the original motion moved by Councillor O’Meara.

 

                                                                                       CARRIED

                                                                                       on a recorded vote,

                                                                                       Council voting as follows:

Recorded Vote

 

Yeas                                           Nays

Councillor Sandhu                  Councillor Adams

Councillor Parmar                    Councillor Duddeck

Councillor Lishchyna       

Councillor Grant                

Councillor Knoll

Mayor Burton

Councillor Longo

Councillor Elgar

Councillor Haslett-Theall

Councillor Gittings

Councillor Chisholm

Councillor Robertson

Councillor O’Meara

 

The Mayor called for the vote on clause 2, 3 of the original motion moved by Councillor O’Meara and the amendment put forward by Councillor Parmar, clause 4.

 

CARRIED

 

 

8.

Notice of intention to demolish - 1158 Burnhamthorpe Road East

 

 

-           Report from Planning Services Department,

November 19, 2018

 

 

Moved by Councillor Gittings

 

1.

That the property at 1158 Burnhamthorpe Road East be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest;

 

2.

That the property be removed from any future implementation of the Cultural Heritage Landscape Strategy;

 

3.

That a Heritage Easement Agreement for the salvage of materials from the Albertson-Dryland House and the construction of a new commemorative feature in a new park be entered into between the Town and the owner in keeping with the content of this report, with the Agreement to be in form and content satisfactory to the Town Solicitor and the Director of Planning Services or their designate;

 

4.

That the Heritage Easement Agreement be executed in accordance with Executions By-law 2013-057 and be registered on title to the lands on which the Albertson-Dryland House is currently located at 1158 Burnhamthorpe Road East;

 

5.

That a notice of intention to designate the commemorative wall, pursuant to the provisions of the Ontario Heritage Act, be issued once the commemorative wall has been constructed on the new park property; and

 

6.

That the Town Solicitor be authorized to discharge the Heritage Easement Agreement from title to the lands on which it is registered, at the expense of the owner, once the new commemorative wall has been designated pursuant to the provisions of the Ontario Heritage Act and the requirements in the Heritage Easement Agreement have been fully satisfied to the satisfaction of the Director of Planning Services or their designate.

 

CARRIED

           

 

9.

Heritage Designation By-law - 3451 Tremaine Road -

By-law 2018-161

 

 

-           Report from Planning Services Department,

November 14, 2018

 

 

Moved by Councillor Duddeck

 

That by-law 2018-161, a by-law to designate the Van Sickle Farmhouse and Dairy Building at 3451 Tremaine Road as a property of cultural heritage value or interest, be passed.

 

                                                                                                               CARRIED

 

                                                                                                                       

10.

Bill 139 Update: Toronto Rail Deck Park Stated Case

 

 

-           Report from Legal Department and Planning Services Department, November 13, 2018

 

 

Moved by Councillor Elgar

 

1.    That the Town Solicitor be instructed to intervene, which may include joint intervention with the Region of Halton or other local municipalities, in any proceedings relating to the Local Planning Appeal Tribunal decision (PL180210) regarding the Rail Deck Park stated case, or other proceedings raising the same issues, as set out in the report from the Legal Department dated November 13, 2018; and

 

2.    That the Town Clerk forward a copy of the public report from the Legal Department dated November 13, 2018, together with the Council resolution, to the Ministry of Municipal Affairs, the Ministry of the Attorney General, Halton’s MPPs, the parties to LPAT decision PL180210, the Local Planning Appeal Tribunal, Halton Region, the City of Burlington, the Town of Halton Hills, the Town of Milton, and the Association of Municipalities of Ontario, for their information.

 

                                                                                       CARRIED UNANIMOUSLY

                                                                                       on a recorded vote,

                                                                                       Council voting as follows:

Recorded Vote

 

Yeas                                           Nays

Councillor Sandhu                 

Councillor Parmar                   

Councillor Lishchyna

Councillor Adams             

Councillor Grant                

Councillor Knoll

Mayor Burton

Councillor Longo

Councillor Elgar

Councillor Haslett-Theall

Councillor Gittings

Councillor Chisholm

Councillor Duddeck

Councillor Robertson

Councillor O’Meara

 

 

11.

Cultural Heritage Landscape Strategy - Phase Two - Erchless Estate - 8 Navy Street, 110-114 King Street

 

 

-           Report from Planning Services Department,

November 19, 2018

 

                     

Moved by Councillor Gittings

 

1.

That the Cultural Heritage Evaluation Report, attached as Appendix A to the report dated November 14, 2018 from Planning Services, be endorsed.

 

2.

That Erchless Estate be recognized as a significant cultural heritage landscape and move into Phase Three: Implementation of Protection Measures.

                                                                                                               CARRIED

 

 

 

12.

Heritage Oakville Advisory Committee (November 27, 2018)

 

 

Moved by Councillor Duddeck

 

That the following recommendation pertaining to Item 6a, b, and c of the Heritage Oakville Advisory Committee minutes from its meeting on November 27, 2018, be approved and the remainder of the minutes be received:

 

 

a.

Heritage Permit Application HP048/18-42.20G 22 George Street - New garage addition

 

 

-           Report from Planning Services Department,

November 14, 2018

 

 

1.

That Heritage Permit Application HP048/18-42.20G for the construction of a new one-storey garage addition at 22 George Street, as attached in Appendix B to the report dated November 14, 2018 from Planning Services, be approved subject to the following:

 

a.

That final details on the garage doors be submitted to Heritage Planning staff for final approval;

 

b.

That the first storey window to be removed as part of this application be made available for salvage or reuse; and

 

2.

That this heritage permit expire two years from the date of final approval by Council.

 

 

 

b.

Heritage Permit Application HP052/18-42.20W 214 William Street - Alterations to Existing Residence

 

 

-           Report from Planning Services Department,

November 14, 2018

 

 

1.

That Heritage Permit Application HP052/18-42.20W for alterations to the existing residence at 214 William Street, as attached in Appendix B to the report dated November 14, 2018 from Planning Services, be approved subject to the following:

 

a.

 

 

b.

That final details on the new doors and windows be submitted to Heritage Planning staff for final approval; and

 

That the alternate designs for the projections on the west and south elevations presented on November 27, 2018 are used; and

 

2.

That this heritage permit expire two years from the date of final approval by Council.

 

                                                            

 

 

 

c.

Heritage Permit Application HP049/18-42.20O - 2467 Old Bronte Road - Incorporation of Historic Building into New Development

 

 

-           Report from Planning Services Department,

November 14, 2018

 

 

1.

That Heritage Permit Application HP049/18-42.20O for the incorporation of the heritage building into the proposed new development, as attached in Appendix B to the report dated November 14, 2018 from Planning Services, be approved subject to the following:

 

a.

That the property owner enters into a heritage easement agreement (including the provision of securities) with the Town prior to the dismantling of the house in order to ensure the long-term conservation of the heritage building;

 

b.

That a Conservation Plan for a Built Heritage Resource be approved by Heritage Planning staff and included in the heritage easement agreement;

 

c.

That the Town Solicitor be authorized to discharge the heritage easement agreement from title, at the expense of the owner, once the requirements in the agreement have been satisfied to the satisfaction of the Manager of Policy Planning and Heritage; and,

 

2.

That this heritage permit expire four years from the date of final approval by Council.

 

                                                                                                               CARRIED

 

 

RISE AND REPORT TO COUNCIL

 

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 Consent Items 1, 2, 3, and 4, Confidential Consent Item C1, Public Hearing Item 5, Discussion Items 6, 7, 8, 9, 10, and 11, and Advisory Committee Minutes Item 12, as noted by the Clerk.

 

Moved by Councillor Grant                 Seconded by Councillor Knoll

 

That the report and recommendations of the Committee of the Whole be approved.

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Longo                 Seconded by Councillor Elgar

 

That the following by-law(s) be passed:

 

2018-026

A by-law to assume Registered Plan 20M-989 (Re: Item 1)

 

 

2018-027

A by-law to assume Registered Plan 20M-996 (Re: Item 2)

 

 

2018-108

A by-law to amend the North Oakville Zoning By-law 2009-189 to permit the use of lands described as 1005 Dundas Street East and 3033 Eighth Line (Oakville Urban Core Developments, File No.: 1310.13) (Re: Item 6) 

 

 

2018-135

A by-law to designate the Pullen House at 420 Randall Street as a property of cultural heritage value.

 

 

2018-148

A by-law to declare that certain land is not subject to part lot control (Blocks 13 and 18, Plan 20M-1175, and Block 120, Plan 20M-1176 - Wild Ginger Developments Inc.)

 

 

2018-150

A by-law to remove the Holding “H” Provision from Blocks 381 and 382 on Plan 20M-1183 (File No.: Z.1311.05) (Re: Item 3)

 

 

2018-153

A by-law to prohibit and regulate signs within the Town of Oakville and to repeal By-law 2006-005, as amended, as revised. (Re: Item 7)

 

 

2018-154

A by-law to remove the Holding “H8” Provision on lands described as Part of Lots 13, 14, & 15, Concession 1, NDS (EMGO (North Oakville 1) Ltd., and 404072 Ontario Ltd. (Petgor Phase 2) (File Nos.: Z.1315.03 and Z.1314.06) (Re: Item 4)

 

 

2018-155

A by-law to remove the Holding "H9" Provision on lands described as Part of Lots 13, 14, & 15, Concession 1, NDS (Sixth Line Corp., EMGO (North Oakville 1) Ltd., and 404072 Ontario Ltd. (Petgor Phase 2) (File Nos.: Z.1315.03 and Z.1314.06) (Re: Item 4)

 

 

2018-159

A by-law to declare that certain land is not subject to part lot control (Blocks 253, 254, 255, 266, 267, 268, 269, 270, 271, 284, 285, 286, 287, 288, 289, 290 and 291, Plan 20M-1198 – Pendent Developments Limited)

 

 

 

 

 

2018-160

A by-law to declare that certain land is not subject to part lot control (Blocks 256 to 262, Plan 20M-1198 - Pendent Developments Limited)

 

 

2018-161

A by-law to designate the Van Sickle Farmhouse and Dairy Building at 3451 Tremaine Road as a property of cultural heritage value or interest (Re: Item 9)

 

 

2018-162

A by-law to declare that certain land is not subject to part lot control (Blocks 3, 25, 26, 27, part of Blocks 29 and 31, Plan 20M-1175 - Wild Ginger Developments Inc.)

 

 

2018-169

A by-law to confirm the proceedings of a meeting of Council.

 

 

                                                                                                               CARRIED

                                                                                                                 

 

ADJOURNMENT

 

The Mayor adjourned the meeting at 9:21 p.m.

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK

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