TWELFTH Meeting - Regular Session
The Town of Oakville Council
met in regular session to consider planning matters on this 13th day
of May, 2019 in the Council Chambers of the Oakville Municipal Building,
1225 Trafalgar Road, 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
- M.
Simeoni, Director of Planning Services
- J.
Tutert, Director of Building Services
-
D. Perlin, Assistant Solicitor
- G.
Charles, Senior Manager of Current Planning and Urban Design
- H.
Hecht, Manager of Current Planning - East District
- C.
McConnell, Manager of Current Planning - West District
- P. Kelly,
Manager of Development and Environmental Engineering
- T.
Lee, Manager of Zoning and Committee of Adjustment
- K.
Biggar, Senior Planner
- M.
Dalrymple, Planner, Current Planning – West District
- S.
Schappert, Heritage Planner
- B.
Hassan, 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 8 - Recommendation Report - Zoning By-law Amendment for 240 Leighland
Avenue (Petsmart) - Z.1513.29 - By-law 2019-020, as his spouse works in the
industry and may have competing interests.
Committee of the Whole
Moved by
Councillor Lishchyna Seconded by Councillor Longo
That this
meeting proceed into a Committee of the Whole session.
CARRIED
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Moved by Councillor Knoll
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1.
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That the partial assumption of
Registered Plan 20M-1138 be approved.
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2.
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That By-law 2019-017, a by-law to
partially assume completed public works and streets within
Plan 20M-1138 be passed.
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3.
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That staff bring forward the required
final assumption by-law for the street trees within this subdivision once
the street tree warranty expires.
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CARRIED
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Moved by Councillor Knoll
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1.
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That the Town accept the road widening
described as Parts 3 and 8 on Plan 20R-20869 under the site plan
application for 700 Third Line
(SP. 1626.011/04).
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2.
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That the Town require the owner of 700
Third Line to pay compensation in the amount of $80,000 as part of the site
plan application to mitigate the impacts to the Town in accepting the
contaminated road widening lands.
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CARRIED
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Moved by Councillor Knoll
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1.
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That the Downtown Mitigation Strategy
be expanded to include the use of town parking lots by adjacent businesses
where feasible for mitigation purposes, including patios and other
temporary occupancies.
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2.
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That staff be authorized to enter into
licensing agreements with respect to the use of town parking lots for
purposes related to the Downtown Mitigation Strategy to the satisfaction of
the CAO and Town Solicitor.
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3.
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That the authorization of the filing of
an application for minor variances for the proposed patios in Parking Lot 3
(224 Church Street) be ratified, and the Town Solicitor be authorized to
file, or consent to the filing, of similar applications associated with the
Downtown Mitigation Strategy.
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CARRIED
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3.
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Public Meeting Report, 320 Bronte Road Inc., Proposed Official
Plan and Zoning Amendment, Draft Plan of Subdivision and Draft Plan of Common
Element Condominium, 320 - 350 Bronte Road, File No.'s: Z.1631.01, OPA
1631.01, 24T-19001/1631, 24CDM-19001/1631
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-
Report from Planning Services Department,
April 18, 2019
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For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Reverend
Jim Gill, re: concerns regarding safe access and exit to the
property, road congestion in the area with fire station and new Bronte Mall, and
dangerous intersection during rush hour; suggesting no left turns north and only going right south coming out of the property on Bronte Road,
and additional parking is required; and supporting one road instead of two roads going in and out of
the property.
- Bob
Farkas, re: concerns regarding the difficulty in travelling down Bronte Road to access his driveway, proposed development is too big
for area and would cause increased traffic, and proposed parking is not
sufficient.
The following
communication(s) were distributed at the meeting:
- (May 13, 2019) from Harry & Linda Shea
- (April 24, 2019) from Christopher and Elizabeth Walker
- (April 20, 2019) from Jane Nguyen-Tran
- (March 28, 2019) from Linda Leeson
- (March 25, 2019) from Derek Ramm
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Moved by Councillor O’Meara
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1.
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That the public meeting report prepared
by the Planning Services department dated April 18, 2019, be received.
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2.
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That comments from the public with
respect to the proposed Official Plan Amendment, Zoning By-law Amendment,
Draft Plan of Subdivision and Draft Plan of Common Element Condominium
application for 320 - 350 Bronte Road (File No.’s: Z.1631.01, OPA 1631.01,
24T-19001/1631, 24CDM-19001/1631), 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) Is there a heritage designation on the daycare on the subject
lands?
b) Report back on the Parkway Belt designation on the westerly
portion of the subject lands.
c) The traffic study should consider ingress and egress, traffic
circulation internal to the site, the amount of parking proposed, safety
matters, and the appropriateness of the proposed condominium roads.
d) How will height be determined, and how will the proposed heights
of buildings be integrated with the surrounding community?
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Anthony
James, re: in support of the application, indicating the benefits and need for
respite and overnight care in building a strong livable community.
- Mary
Lui, on behalf of her husband Alex Lui and herself, re: in support of the
application, and bringing innovation in healthcare to Oakville, indicating that
there is a dementia epidemic in Ontario, and remedying the service gap in
Oakville and the community.
- Frank
Bury re: in support of the application, and providing respite care.
- Alie
Amaral re: in support of the application, and the need for dementia care
services and overnight care.
- Emma
West, Partner, Bousfields Inc., on behalf of the applicant, advising that a
resubmission will be made for the application; indicating that the proposed community use is permitted within the employment area; advising that
a noise study, employment study peer review, and consideration of other uses and
proximity of adjacent lands to the subject property, will be outlined as part
of their resubmission; and further advising that provincial legislation
regulates dementia care facilities, the proposed use is not long term care, and
that the City of Toronto has a definition
of respite care.
The following
communication(s) were distributed at the meeting:
- (May 10, 2019) from Melissa Cameron, Acclaim Health
- (May 9, 2019 from Henry Jelinek
- (May 9, 2019) from Guy Dorbeck
- (April 25, 2019) from Patricia Arch
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Moved by Councillor Robertson
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1.
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That the public meeting report prepared
by the Planning Services Department dated April 18, 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 Acclaim Health and Community Care Services
for 2250 Speers Road, (File No.: Z.1628.01), 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) Staff will undertake a peer review of noise studies as part of
this review. In addition, staff will consider what local Noise By-law
implication there may be.
b) Staff will investigate how other jurisdictions have successfully
implemented overnight respite care (City of Toronto).
c) What Development Charges will be applied to this proposal?
d) Staff are to consider the D-6 series Guidelines (MOE) as part of
this review.
e) Staff are to work to understand how best to characterize this
use so as to properly assess it, and how to best determine the appropriate
policy response.
f)
How do OPA 26 and 27 affect this proposal?
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CARRIED
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Ian McDermott, re: does not support the development, concerns regarding
property width and height and site compliance with the Zoning By-law and
Official Plan, and encroachment on trees.
- Arlene Beaumont, W.E. Oughtred and Associates Inc., on behalf
of the property owners, reviewing issues relating to tree root excavation, and timelines
to incorporate their arborist recommendations and to complete excavation work;
advising that the driveways will be positioned and alternative materials will
be used to allow minimal excavation and impact on trees during construction,
and they will work with staff during the site plan process.
- Diane Costa, property owner and resident, 47 Nelson Street,
responding to concerns regarding keeping the existing trees and canopy healthy;
and advising that townhouses are the best option in terms of the property designation,
and using resources and determining solutions for driveways, and to protect and
preserve trees.
The following
communication(s) were distributed at the meeting:
- (May 10, 2019) from Diane Garley
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Moved by Councillor O’Meara
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1.
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That Zoning By-law Amendment
application submitted by W.E. Oughtred and Associates Inc. for 47 Nelson
Street (File No. Z.1728.65), as revised, be approved on the basis that the
application is consistent with the Provincial Policy Statement, conforms or
does not conflict with all applicable Provincial plans, conforms with the
Region of Halton Official Plan and Livable Oakville 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
April 18, 2019;
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2.
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That By-law 2019-029, an amendment to
Zoning By-law 2014-014, be passed;
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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-18007/1728) submitted by W.E. Oughtred and Associates Inc., prepared
by J.H. Gelbloom Surveying Ltd., dated January 21, 2019, subject to the
conditions contained in Appendices A1 and A2 of the staff report prepared
by Planning Services Department dated April 18, 2019;
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4.
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That once 24T-18007/1728 has been draft
approved by the Director of Planning Services, the Town enter into a
Subdivision Agreement to the satisfaction of the CAO and Town Solicitor, or
designates;
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5.
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That the Subdivision Agreement be
executed in accordance with By-law 2013-057;
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6.
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That notice of Council’s decision
reflects that Council has fully considered all the written and oral
submissions relating to this matter and that those comments have been
appropriately addressed; and
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7.
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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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CARRIED
The following
communication(s) were distributed at the meeting:
- (May 10, 2019) from Neil S. Abbott, Gowling WLG (Canada) LLP
- (May 9, 2019) from Mary E. Clarke
- (May 8, 2019) from David MacKay
- (May 3, 2019) from Tom and Colleen Dugard
- (May 2, 2019) from Angela Furness
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Moved by Councillor Gittings
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That this item no longer be considered
given the application has been withdrawn by the applicant’s solicitor Mr.
Neil Abbott, Gowlings WLG in a letter to the Town Clerk dated May 10, 2019.
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CARRIED
BEYOND THE HOUR
Moved by Councillor Knoll
That this meeting proceed beyond
the hour of 10:00 p.m., but no later than
10:30 p.m.
CARRIED
RECESS
The meeting recessed at 8:45 p.m. and reconvened at 8:50
p.m.
For the purposes of Planning Act requirements,
the following person(s) made an oral submission:
- Jane Coryell, 83 Wilson Street Snow Manor, re: opposed to the application,
indicating concerns regarding maintaining views of the lake and trees, the look
of the proposed building in comparison to the existing house on the property, changing
the look of the neighbourhood, destruction, construction, noise, dirt and dust,
the size and scale of the building adds to overcrowding on the street, shared
driveway, and parking; advising that most residents are opposed to the new
structure; and filed a submission.
- Sandra
Boardman, Design Quorum Inc., on behalf of the property owners, addressing
issues relating to the shared driveway, a reduction in the
number of vehicles for the dwelling units, and parking; and advising that the size
and scale of the building is appropriate for the neighbourhood, and the building
design is in keeping with the Zoning
By-law.
The following
communication(s) were distributed at the meeting:
- (March 23, 2019) from Stephen Blood and other occupants of
apartment building
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Moved by Councillor Chisholm
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1.
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That Zoning By-law Amendment
application submitted by Design Quorum Inc., (File No. Z.1715.23), as
revised, be approved on the basis that the application is consistent with
the Provincial Policy Statement, conforms or does not conflict with all
applicable Provincial plans, conforms with the Region of Halton Official
Plan and the Livable Oakville 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 April 18, 2019;
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2.
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That By-law 2019-053, an amendment to
Zoning By-law 2014-014, be passed;
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3.
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That notice of Council’s decision
reflects 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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4.
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That, in accordance with Section 34(17)
of the Planning Act, no further notice is determined to be
necessary; and
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5.
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That the site plan for the proposed
development of the subject lands be designed in accordance with the urban
design requirements in Appendix F of the report from the Planning Services
department dated
April 18, 2019.
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CARRIED
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Moved by Councillor Grant
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1.
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That Zoning By-law Amendment
application submitted by MHBC Planning (File No. Z.1513.29), as revised, be
approved on the basis that the application is consistent with the
Provincial Policy Statement, conforms or does not conflict with all
applicable Provincial plans, conforms with 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 outlined
in the report from the Planning Services department dated April 18, 2019;
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2.
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That By-law 2019-020, an amendment to
Zoning By-law 2014-014, be passed;
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3.
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That notice of Council’s decision
reflects that Council has fully considered all the written and oral
submissions relating to this matter and that those comments have been
appropriately addressed; and
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4.
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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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CARRIED
(Councillor
O’Meara having declared a
pecuniary interest on this item, did not vote.)
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Moved by Councillor Duddeck
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That the Committee of Adjustment 2018
Annual Activity Report dated
April 22, 2019 from the Building Services Department and Planning Services
Department be received.
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CARRIED
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Moved by Councillor Duddeck
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That the Committee of Adjustment
Appeals Procedure G-GEN-007-004 be repealed and replaced with the Procedure
as set out in Appendix D to the Report of the Legal Department, dated April
30, 2019.
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CARRIED
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Moved by Councillor Elgar
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1.
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That the existing Heritage Easement
Agreement (HEA) for the conservation and relocation of the Caleb Smith
House, currently located at 2460 Old Bronte Road, between the town and the
owner be replaced, in keeping with the content of this report, to permit
the owner to construct a new rear addition to the house;
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2.
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That the new HEA be in form and content
satisfactory to the Town Solicitor and the Director of Planning Services or
their designate;
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3.
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That the new HEA be executed in
accordance with Executions By-law 2013-057 and be registered on title to
the lands on which the Caleb Smith House is currently located and on title
to the lands to which the Caleb Smith House is to be permanently located;
and
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4.
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That the Town Solicitor be authorized
to discharge the current HEA from title on all lands on which it is
registered, at the expense of the owner, and that the new HEA authorized by
this report be executed and registered on title as per the above
recommendations and that the Town Solicitor be authorized to discharge the
new HEA from all lands on which it is registered, at the expense of the
owner, once the Caleb Smith House has been designated pursuant to the
provisions of the Ontario Heritage Act and the requirements in the
new HEA have been fully satisfied to the satisfaction of the Director of Planning
Services or their designate.
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CARRIED
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Moved by Councillor Chisholm
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That this item, “Discussion Paper -
Integrated Growth Management Strategy (IGMS), Regional Official Plan
Review” be deferred.
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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 titled “Information
Report - Modernizing Conservation Authorities and Focusing Conservation
Authority Development Permits on the Protection of People and Property”
dated May 6, 2019 be received.
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2.
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That the report titled “Information
Report - Modernizing Conservation Authorities and Focusing Conservation
Authority Development Permits on the Protection of People and Property”
dated May 6, 2019 be submitted to the Ministry of the Environment,
Conservation and Parks by the deadline of May 20, 2019 and to the Ministry
of Natural Resources and Forestry by the deadline of May 21, 2019.
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3.
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That the report titled “Information
Report - Modernizing Conservation Authorities and Focusing Conservation
Authority Development Permits on the Protection of People and Property”,
dated May 6, 2019 be forwarded to the Region of Halton, City of Burlington,
Town of Halton Hills, the Town of Milton, Credit Valley Conservation, Grand
River Conservation Authority, Conservation Halton, and Environmental
Defence Canada for information.
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4.
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That $25,000 be added to the budget of
the Office of the Mayor and Council, from the Town’s reserve, to help
assure we can work with Environmental Defence Canada to have a successful
campaign to protect our environment from the Provincial changes.
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CARRIED
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Moved by Councillor Longo
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1.
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That the report titled “Information
Report - 10th Year Review of the Ontario’s Endangered Species Act”,
dated May 6, 2019 be received.
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2.
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That the report titled “Information
Report - 10th Year Review of the Ontario’s Endangered Species Act”
dated May 6, 2019 be submitted to the Ministry of the Environment,
Conservation and Parks by the deadline of May 18, 2019.
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3.
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That the report titled “Information
Report - 10th Year Review of the Ontario’s Endangered Species Act”,
dated May 6, 2019 be forwarded to the Region of Halton, City of Burlington,
Town of Halton Hills, the Town of Milton, Credit Valley Conservation, Grand
River Conservation Authority, Conservation Halton, and Environmental
Defence Canada for information.
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CARRIED
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Moved by Councillor Gittings
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That the following recommendation
pertaining to Item 6b of the Heritage Oakville Advisory Committee minutes
from its meeting on April 23, 2019, be approved and the remainder of the
minutes be received:
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1.
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That the Local Planning Appeal Tribunal
(LPAT) be informed that the Town of Oakville has no objections to the
revised Heritage Permit Application HP011/17-42.20F for a new addition and
alterations to the existing residence as attached in Appendix B to the
report dated
April 8, 2019 from Planning Services, being approved subject to the
following conditions:
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a.
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That final details on the paint
colours, windows and siding materials are submitted to Director of Planning
Services for the Town for final approval prior to construction;
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b.
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That the applicants work with Heritage
staff to address the Union Street elevation regarding fenestration and
landscaping; and
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c.
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That the approval of this heritage
permit expire four years from the date of final approval by LPAT with an
extension each year on the anniversary date of the date of final approval
by LPAT for four additional years provided at the time of each extension
there have been no changes that are in force and effect to:
- the First and Second Heritage
Conservation District Plan; or
- the Ontario Heritage Act and
associated regulations; or
- the Livable Oakville Plan or any
successor; or
- the Town of Oakville Zoning By-law
2014-014 or any successor; or
- the 49 First Street property
that affect 49 First Street in such a
way that the Director of Planning Services believes the alterations and
additions authorized by the revised Heritage Permit Application
HP011/17-42.20F need to be changed to then bring them into conformity with
the changes in any of the policies listed in (i), (ii), (iii), (iv) and (v)
above.
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CARRIED
Moved by Councillor Sandhu
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 Consent Items 1, 2, and 16,
Public Hearing Items 3 and 4, Discussion Items 5, 6, 7, 8, 9, 10, 11, 12, 13,
and 14, and Advisory Committee Minutes Item 15, as noted by the Clerk.
Moved by Councillor Parmar Seconded
by Councillor Knoll
That the report and
recommendations of the Committee of the Whole be approved.
CARRIED
WAIVING OF PROCEDURE BY-LAW
Moved by
Councillor Elgar Seconded by Councillor Adams
That, in
accordance with Section 2 (2) of the Procedure By-law, the rules of procedure
established in Section 14.1 (1) and 14.1 (2) be waived to permit:
a) a 'Notice of Motion' to be introduced at the Planning and
Development Council meeting this evening; and
b) to deal with the notice of motion this evening.
CARRIED
Notice of
Motion
Bill 108
Moved by
Councillor Knoll Seconded by Councillor Elgar
WHEREAS the
legislation that abolished the OMB and replaced it with LPAT received unanimous
– all party support;
WHEREAS all
parties recognized that local governments should have the authority to uphold
their provincially approved Official Plans; to uphold their community driven
planning;
WHEREAS Bill 108
will once again allow an unelected, unaccountable body to make decisions on how
our communities evolve and grow;
WHEREAS on
August 21, 2018 Minister Clark once again signed the MOU with the Association
of Municipalities of Ontario and entered into “...a legally binding agreement
recognizing Ontario Municipalities as a mature, accountable order of
government.”;
WHEREAS this MOU
is “enshrined in law as part of the Municipal Act”. And recognizes that
as “...public policy issues are complex and thus require coordinated
responses...the Province endorses the principle of regular consultation between
Ontario and municipalities in relation to matters of mutual interest”;
WHEREAS by
signing this agreement, the Province made “...a commitment to cooperating with
its municipal governments in considering new legislation or regulations that
will have a municipal impact”;
WHEREAS Bill 108
will impact 15 different Acts - Cannabis Control Act, 2017, Conservation
Authorities Act, Development Charges Act, Education Act, Endangered Species
Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour
Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act,
2001, Occupational Health and Safety Act, Ontario Heritage Act, Ontario Water Resources
Act, Planning Act, Workplace Safety and Insurance Act, 1997;
NOW THEREFORE BE
IT RESOLVED that the Town of Oakville oppose Bill 108 which in its current
state will have negative consequences on community building and proper
planning; and
THAT the Town of
Oakville call upon the Government of Ontario to halt the legislative
advancement of Bill 108 to enable fulsome consultation with Municipalities to
ensure that its objectives for sound decision making for housing growth that
meets local needs will be reasonably achieved; and
THAT a copy of
this Motion be sent to The Honourable Doug Ford, Premier of Ontario, The
Honourable Christine Elliott, Deputy Premier, The Honourable Steve Clark,
Minister of Municipal Affairs and Housing, Andrea Horwath, Leader of the New
Democratic Party, and all MPPs in the Province of Ontario; and
THAT a copy of
this Motion be sent to the Association of Municipalities of Ontario (AMO) and
all Ontario municipalities for their consideration.
CARRIED
UNANIMOUSLY on a recorded vote,
Council
voting as follows:
Recorded Vote
Yeas Nays
Councillor O'Meara
Councillor Robertson
Councillor Duddeck
Councillor Chisholm
Councillor Gittings
Councillor Haslett-Theall
Councillor Elgar
Councillor Longo
Mayor Burton
Councillor Knoll
Councillor Grant
Councillor Adams
Councillor Lishchyna
Councillor Parmar
Councillor Sandhu
Moved by Councillor Duddeck Seconded
by Councillor Lishchyna
CARRIED
The
Mayor adjourned the meeting 10:09 p.m.
________________________________
KATHY PATRICK
ACTING
TOWN CLERK