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 Review – By-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
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
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
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
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
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
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
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
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
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
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
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
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:
|
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.
|
|
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.
|
|
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
Moved by Councillor Longo Seconded
by Councillor Elgar
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)
|
|
CARRIED
The
Mayor adjourned the meeting at 9:21 p.m.
________________________________
KATHY PATRICK
ACTING
TOWN CLERK