Meeting - Regular Session

SIXTEENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 10th day of June, 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                                        -     R. Green, Chief Administrative Officer

                                                -     J. Clohecy, Commissioner of Community Development

                                                -     D. Carr, Town Solicitor

                                                -     M. Simeoni, Director of Planning Services

                                                -     J. Barry, Director of Municipal Enforcement Services

                                                -     J. Huctwith, Assistant Town Solicitor

                                                -     D. Perlin, Assistant Town Solicitor

-     G. Charles, Senior Manager of Current Planning and Urban Design

-     M. Covert, Acting Senior Manager of Transportation Strategy

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

-     P. Kelly, Manager of Development and Environmental Engineering

-     C. McConnell, Manager of Current Planning - West District

                                                -     S. Campbell, Manager of Enforcement Services

                                                -     J. Hashemi, Manager of Forestry Services

                                                -     J. Mattocks, Supervisor of Enforcement Services

                                                -     P. Barrette, Senior Planner, Current Planning – West District

                                                -     T. Collingwood, Senior Planner

                                                -     D. Brennan, Chief of Staff

                                                -     V. Tytaneck, Town Clerk

                                                -     J. Marcovecchio, Council and Committee Coordinator

 

 

 

 

Declarations of Pecuniary Interest

 

No declarations of pecuniary interest were declared.

 

 

Committee of the Whole

 

Moved by Councillor Lishchyna        Seconded by Councillor Knoll

                                                                

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

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

1.

Public Meeting and Recommendation Report, Temporary Use By-law Extension, Vic Hadfield Golf Centre (1463083 Ontario Limited), File Z.1312.09, By-law 2019-044

 

 

-           Report from Planning Services Department, May 17, 2019

 

 

Moved by Councillor Parmar

 

1.

That the Temporary Use By-law Extension application (File Z.1312.09) submitted by 1463083 Ontario Inc. c/o Vic Hadfield Golf and Learning Centre to permit the lands to be used as a golf driving range as a temporary use for a period of three years, until June 10, 2022, be approved.

 

2.

That By-law 2019-044 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.

 

4.

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

 

                                                                                                               CARRIED

 

 

 

 

 

 

 

 

 

 

2.

Recommendation Report, Draft Plan of Condominium, BEC Trafalgar, 3075 Trafalgar Road - Part of Block 15, Plan
20M-1211 24CDM-19002/1312

 

 

-           Report from Planning Services Department, May 17, 2019

 

 

Moved by Councillor Sandhu

 

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Condominium (24CDM-19002/1312) submitted by BEC Trafalgar GP Inc., prepared by Rady-Pentek & Edward Surveying Ltd., as revised dated May 15, 2019, subject to the conditions contained in Appendix ‘A’ of the Planning Services report dated May 17, 2019.

 

                                                                                                               CARRIED

 

 

3.

Maintenance of Vacant Properties By-law 2019-034

 

 

-           Report from Municipal Enforcement Services,
May 17, 2019

 

 

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

-     Elizabeth Chalmers, President, Joshua Creek Residents Association, re:  filed a submission and asked that homeowners who are away would not be negatively impacted by the by-law, and that the impact on people living near vacant homes or clusters of vacant homes be addressed, and advising that she reserves her right to delegate on the matter at a future meeting.

 

-     Trista Lockwood, re:  concerns regarding the condition of the vacant property next to her located at 129 Claxton Drive, advising that the property is being used as a storage/construction warehouse (zoning), with tall grass, overgrown weeds, garbage, debris, pile of stone, massive woodpile, recycling bins, rats, coyotes, foxes, truck and car tires stored in living room, and no work is being done on the property.

 

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

-     (no date received June 10, 2019) from Elizabeth Chalmers, on behalf of Joshua Creek Residents Association Board of Directors

 

Moved by Councillor Haslett-Theall

 

That By-law 2019-034, a by-law to prescribe standards for the maintenance of vacant properties within the Town of Oakville, be referred back to staff for further public consultation, and to report back at the September 16, 2019 Community Services Committee meeting.

 

                                                                                                               CARRIED

 

 

4.

ClubLink Court Application To Quash By-law 2018-015 - Official Plan Amendment 24 and to Quash By-law 2018-016 - ZBA: Glen Abbey Property

 

 

-           Report from Legal Department, June 4, 2019

 

 

Moved by Councillor Duddeck

 

1.

That the Notice of Appearance filed on behalf of the Town of Oakville that the Town intends to respond to the ClubLink Application to Quash By-law 2018-015 - Official Plan Amendment 24 and to Quash By-law 2018-016 - ZBA: Glen Abbey Property be confirmed.

 

2.

That the Town Solicitor be directed to oppose the ClubLink Application to Quash and be authorized to retain external Legal Counsel as needed and take any other actions necessary for that purpose in accordance with the report from the Legal Department dated June 4, 2019.

 

                           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

 

 

 

 

 

 

 

 

 

5.

Recommendation Report, Zoning By-law Amendment and Plan of Subdivision, Oakville Green Development Inc., Part of Lot 25, Concession 1, NDS, File No. Z.1325.07, 24T-18006/1325 - By-law 2019-026

 

 

-           Report from Planning Services Department, June 5, 2019

 

 

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

-         Eldon Theodore, MHBC Planning, Urban Design & Landscape Architecture, on behalf of the applicant, in support of staff recommendations and conditions that apply to the development, the recommendations from the independent town peer review, and the recommendations from the Stantec report which would be undertaken as part of the site plan application and approval process, advising that a detailed design of the buildings is required, and that they would work with White Oaks Communications to address matters.

 

-         Brett Sears, WSP, on behalf of the applicant, advising that concerns have been resolved, and in support of staff recommendations and working on next steps.

 

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

-     (June 9, 2019) from Meridian Planning Consultants, prepared for O’Connor MacLeod Hanna LLP, on behalf of Whiteoaks Communications Group Limited

 

Moved by Councillor Sandhu

 

1.

That Zoning By-law Amendment and Draft Plan of Subdivision applications submitted by Oakville Green Development Inc. (File No. Z.1325.07, 24T-18006/1325), as revised, be approved on the basis that the applications are consistent with the Provincial Policy Statement, conform or do not conflict with all applicable Provincial plans, conform with the Region of Halton Official Plan and North Oakville West Secondary 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 June 5th, 2019;

 

2.

That By-law 2019-026, an amendment to Zoning By-law 2009-189, be passed;

 

3.

That Council authorize, pursuant to subsection 45(1.4) of the Planning Act, submission of a minor variance application, within 2 years from the date By-law 2019-026 is enacted;

 

 

 

 

 

4.

That the Director of Planning Services be authorized to grant draft plan approval based on the Draft Plan of Subdivision (24T-18006/1325) submitted by Oakville Green Development Inc. prepared by MHBC Planning Urban Design & Landscape Architecture, dated February 28th, 2019, and amended to include Blocks 4, 5 & 6 (Town Lands), subject to the conditions contained in Appendix C;

 

5.

That once 24T-18006/1325 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;

 

6.

That the Subdivision Agreement be executed in accordance with By-law 2013-057;

 

7.

That staff be authorized to transfer Blocks 4, 5 & 6 on the Draft Plan of Subdivision (24T-18006/1325), dated February 28th, 2019 to Oakville Green Development Inc. conditional upon registration of plan of subdivision 24T-18006/1325, and transfer of an equal amount of land adjacent to the Glen Oak Stormwater Management Pond to the Town, with such land swap agreement and all related documentation to be negotiated and executed by the Town Solicitor, on terms satisfactory to the CAO and Town Solicitor;

 

8.

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; and

 

9.

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

 

                           CARRIED on a recorded vote,

                           Council voting as follows:

 

Recorded Vote

 

Yeas                                     Nays

Councillor O'Meara         Councillor Duddeck

Councillor Robertson     Councillor Elgar

Councillor Chisholm

Councillor Gittings

Councillor Haslett-Theall

Councillor Longo

Mayor Burton

Councillor Knoll

Councillor Grant

Councillor Adams

Councillor Lishchyna

Councillor Parmar

Councillor Sandhu

 

 

6.

Recommendation Report, Zoning By-law Amendment,
393 Dundas LP, 393 Dundas Street West, File No. ZBA 1319.07 - By-law 2019-006

 

 

-           Report from Planning Services Department, June 3, 2019

 

 

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

-     (June 9, 2019) from Meridian Planning Consultants, prepared for O’Connor MacLeod Hanna LLP, on behalf of Whiteoaks Communications Group Limited

 

Moved by Councillor Parmar

 

1.

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 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 North Oakville West Secondary Plan, has regard for matters of Provincial interest, and represents good planning for the reasons outlined in the reports from the Planning Services department dated January 21, 2019, March 25, 2019, and June 3, 2019;

 

2.

That By-law 2019-006, an amendment to Zoning By-law 2009-189, be passed;

 

3.

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;

 

4.

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

 

5.

That the site plan for the proposed development of the Dundas Urban Core lands be designed in accordance with the urban design requirements in Appendix G of the report from the Planning Services department dated January 21, 2019.

 

                           CARRIED on a recorded vote,

                           Council voting as follows:

 

 

 

 

 

 

 

 

Recorded Vote

 

Yeas                                     Nays

Councillor O'Meara         Councillor Duddeck

Councillor Robertson     Councillor Elgar

Councillor Chisholm

Councillor Gittings

Councillor Haslett-Theall

Councillor Longo

Mayor Burton

Councillor Knoll

Councillor Grant

Councillor Adams

Councillor Lishchyna

Councillor Parmar

Councillor Sandhu

 

 

RISE AND REPORT TO COUNCIL

 

Moved by Councillor Knoll

 

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 Public Hearing Item 1, and Discussion Items 2, 3, 4, 5, and 6, as noted by the Clerk.

 

 

Moved by Councillor Grant                     Seconded by Councillor Robertson

 

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 Lishchyna

 

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

 

2019-006

A by-law to amend the North Oakville Zoning By-law 2009-189, as amended, to permit the use of lands described as Part of Lot 19, Concession 1, N.D.S., Town of Oakville (393 Dundas L.P., File No.:Z.1319.07).  (Re: Item 6)

 

 

2019-026

A by-law to amend the Town of Oakville Zoning By-law
2009-189, as amended, to permit the use of lands described as Part of Lot 25, Concession 1, NDS (Oakville Green Development Inc., File No. Z.1325.07).  (Re: Item 5)

 

 

2019-044

A by-law to authorize a temporary use of land on lands described as 340 Burnhamthorpe Road East (1463083 Ontario Ltd.; - Vic Hadfield Golf and Learning Centre) File No. Z.1312.09).  (Re: Item 1)

 

 

2019-067

A by-law to declare that certain land is not subject to part lot control (Block 2, Plan 20M-1171 - Upper Middle Road Limited Partnership).

 

 

2019-069

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

 

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting 8:59 p.m.

 

 

 

 

                                                                                    ________________________________

                                                                                                        Vicki Tytaneck

                                                                                                           TOWN CLERK