NINTH Meeting - Regular Session
The Town of Oakville Council met in regular session to
consider planning matters on this 15th day of April 2019 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
- Janet
Haslett-Theall
- Jeff
Knoll
- Natalia
Lishchyna
- Peter
Longo
- Sean
O’Meara
- Pavan
Parmar
- Beth
Robertson
- Jasvinder
Sandhu
Staff - R.
Green, Chief Administrative Officer
- J.
Clohecy, Commissioner of Community Development
- D.
Carr, Town Solicitor
- M.
Simeoni, Director of Planning Services
- D.
St. George, Director of Economic Development
- J.
Stephen, Acting Director of Engineering and Construction
- J.
Huctwith, Assistant Town Solicitor
- 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.
McConnell, Manager of Current Planning - West District
- P.
Barrette, Senior Planner, Current Planning – West District
- A.
St. John, Senior Economic Development Officer
- K.
Cockburn, Planner
- M.
Dalrymple, Planner, Current Planning – West District
- S.
Schappert, Heritage Planner
- K.
Patrick, Acting Town Clerk
- J.
Marcovecchio, Council and Committee Coordinator
Declarations of Pecuniary Interest
Councillor O’Meara declared a pecuniary interest with
respect to Item 1 - Public Meeting Report - Zoning By-law Amendment for 240
Leighland Avenue (Petsmart) - Z.1513.29, as his spouse works for a veterinarian
hospital offering competing services.
Committee of the Whole
Moved by Councillor Grant Seconded
by Councillor Lishchyna
That this meeting proceed into a
Committee of the Whole session.
CARRIED
AGENDA ITEMS
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Moved by Councillor O’Meara
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That the confidential report from the
Legal Department dated April 8, 2019 be received.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Oz Kemal, MHBC Planning, Urban Design & Landscape Architecture,
on behalf of RioCan, current zoning allows for a veterinary clinic which allows
for the overnight accommodation of pets in addition to overnight boarding of
pets. The pet care establishment will have 73 dog rooms, 8 kitty cottages, and
2 large playrooms. There are nine PetsHotels across Canada, six of which are
in Ontario. Provides clean air purification, every associate is professionally
trained and safety certified and someone is in the building 24/7 365 days a
year, and an on-call veterinarian.
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Moved by Councillor Knoll
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1.
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That the public meeting report prepared
by the Planning Services Department dated March 25, 2019, be received.
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2.
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That comments from the public with
respect to the proposed Zoning
By-law Amendment submitted by MHBC Planning (File No.: Z1513.29) be
received.
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3.
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That analysis of the following matters
of interest to Council be included as part of the recommendation report:
a) Concerns were expressed as to how noise can be mitigated from
this operation if the dogs are allowed to be outside.
b) How do we deal with the conflict between the requested Zoning
By-law amendment (where the dogs are to be inside) and the Town of Oakville
licensing requirement (where access to the outside is required at least
once every 12 hours)?
c) If outside space is required how will it be regulated, and noise
mitigated?
d) Can staff review the requirements of standards of care as set
out in Ontario Regulation 1609 (SPCA Act).
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CARRIED
(Councillor
O’Meara having declared a
pecuniary interest on this item, did not vote.)
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Konstantine Stavrakos, O’Connor MacLeod Hanna LLP, on behalf of
Whiteoaks Communication Group Limited, provided background on his client
who operates two AM radio stations and broadcasts from
1303 Dundas Street West, concerns with respect to the impacts
of nearby mid-rise and high-rise development on AM radio transmission
sites, and re-radiation impacts; advising that his client has retained Lawrence
Behr Associates Inc. (LBA) to conduct preliminary modeling of the Health
Sciences and Technology District from the transmitter site, their findings of potential
two-way impacts, and provided a letter of opinion regarding 393 Dundas Street
West; identified potential solutions; and in support that the application be deferred
pending further study before approving the developments.
- Eldon Theodore, MHBC Planning, Urban Design &
Landscape Architecture, on behalf of the applicant, provided background
regarding his client’s efforts to develop the innovation district since the original
applications were made in 2016, realizing that the health sciences technology
district has been contemplated as part of overall area; pushing the envelope on
creativity, innovation, and actively seeking to leave a landmarked development
and built form legacy within the town; advising of the principles for the
project vision, proposal for a mixed use hub to attract high quality talent to
the town and serve as an incubator for further innovation for world-class
companies to move to North Oakville West, a multimodal movement option, and it
will be transit ready when future infrastructure opportunities emerge,
specialists have been retained to respond to the submission from Whiteoaks
Communication Group Limited; and asking that should the application be deferred
that it be brought back to the earliest Council meeting, as his client cannot
afford any more delays on the project.
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Moved by Councillor Elgar
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1.
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That Council endorse the direction
contained in the report from the Planning Services department dated April
5th, 2019 entitled Update Report, Oakville Green Development Inc., Part of
Lot 25, Concession 1, NDS, File No. Z.1325.07, 24T-18006/1325.
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2.
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That consideration of the application
be deferred pending completion of:
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a)
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a town-initiated peer review of the
information submitted by Whiteoaks Communications Group Limited, including
the identification of related matters to be addressed in planning for the
surrounding area;
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b)
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sensitivity analysis, to be requested
of the applicant, regarding employment projections and limited interim
transit capacity; and
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c)
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scoped financial impact analysis, to be
requested of the applicant, to address transit capital and operating needs
as well as employment density concerns identifying the financial impact on
the town and mitigation measures.
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3.
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That up to $75,000 plus HST be
approved, funded 90% from development charges and 10% from capital reserve,
to retain a qualified expert to review information submitted by Whiteoaks
Communications Group Limited and identify related matters that are
necessary to be addressed in planning for the surrounding area.
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CARRIED
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Moved by Councillor Haslett-Theall
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1.
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That the Cultural Heritage Evaluation
Report, attached as Appendix A to the report dated March 26, 2019 from
Planning Services, be received; and
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2.
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That Gairloch Gardens be recognized as
a significant cultural heritage landscape and move into Phase Three:
Implementation of Protection Measures.
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CARRIED
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Moved by Councillor Gittings
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1.
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That a Heritage Easement Agreement for
the conservation and relocation of the Edmund N. Killer House, currently
located at 337 Douglas Avenue, be entered into between the Town and the
owner in keeping with the content of this report and with a Relocation and
Restoration Plan, with the Agreement to be in form and content satisfactory
to the Town Solicitor and the Director of Planning Services or their
designate;
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2.
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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 Edmund N. Killer House is currently located
and on title to the lands to which the Edmund N. Killer House is to be
permanently located;
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3.
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That a notice of intention to designate
the Edmund N. Killer House, pursuant to the provisions of the Ontario
Heritage Act, be issued once the Edmund N. Killer House has been
relocated to the lands which will be its permanent site; and
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4.
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That the Town Solicitor be authorized
to discharge the Heritage Easement Agreement from title to all lands on
which it is registered, at the expense of the owner, once the Edmund N.
Killer House 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.
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Dr. Michelle
Mattern, District Developments, on behalf of the applicant, advising that the
building located at 407 Dundas Street West is closer to the radio
station, and the building located at Neyagawa Boulevard and Dundas Street both
of which are zoned for eight and 10 stories respectively; asking how the zoned
buildings that have no right of appeal which are past the appeal period are to
be dealt with, and what is the difference between 407 Dundas Street West and
the subject property which is further away from the radio station in this
situation; and indicating that most of the issues regarding Whiteoaks
Communication Group Limited could be dealt with during construction and
mitigation.
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Moved by Councillor Elgar
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That Zoning By-law Amendment
application submitted by Korsiak Urban Planning on behalf of 393 Dundas
L.P. (File No. ZBA 1319.07), as revised, be deferred, for the reasons
outlined in the information report from the Planning Services department
dated March 25, 2019.
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CARRIED
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Moved by Councillor Lishchyna
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That the staff report from the Economic
Development department entitled Economic Development 2018 Annual Report,
dated March 6, 2019 be received.
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CARRIED
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Moved by Councillor Duddeck
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That the draft Economic Development
Strategy 2019-2024, from the Economic Development department, be received.
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CARRIED
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Moved by Councillor Gittings
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That the following recommendation
pertaining to Item 6c of the Heritage Oakville Advisory Committee minutes
from its meeting on March 26, 2019, be approved and the remainder of the
minutes be received:
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1.
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That Heritage Permit Application HP007/19-42.20F for
replacement of the replica Lakeside Park Bandstand, as attached in Appendix
B to the report dated March 13, 2019 from Planning Services, be approved.
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2.
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That this heritage permit expire two years from the date
of final approval by Council.
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CARRIED
Moved by Councillor Duddeck
That this committee rise and
report.
CARRIED
The Mayor arose and reported that the Committee of the
Whole has met and has made recommendations on Confidential Consent Item C-1,
Public Hearing Item 1, Discussion Items 2, 3, 4, 5, 6 and 7, and Advisory
Committee Minutes Item 8, as noted by the Clerk.
Moved by Councillor Sandhu Seconded
by Councillor Knoll
That the report and recommendations
of the Committee of the Whole be approved.
CARRIED
Councillor O’Meara offered condolences on
behalf of Members of Council to the family of former Ward 1 Regional and Town
Councillor Mike Lansdown on his passing, and acknowledged his contributions on
Council and in the community, and involvement in the Bronte Village Residents
Association.
Moved by
Councillor Longo Seconded by Councillor Robertson
CARRIED
The
Mayor adjourned the meeting 8:38 p.m.
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KATHY PATRICK
ACTING
TOWN CLERK