Meeting - Regular Session

THIRTY-SECOND Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 2nd day of December, 2019 in the Council Chamber 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

 

Staff                                        -     J. Clohecy, Acting Chief Administrative Officer

                                                -     J. Barry, Acting Commissioner of Community Development

                                                -     D. Carr, Town Solicitor

                                                -     M. Simeoni, Director of Planning Services

                                                -     D. Lambert, Director of Development Engineering

                                                -     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

-     T. Collingwood, Senior Planner, Current Planning – East District

                                                -     K. Livingstone, Planner, Current Planning – East District

                                                -     G. Abma, Planner, Policy Planning and Heritage

                                                -     S. Schappert, Heritage Planner

                                                -     K. Patrick, Acting Town Clerk

                                                -     J. Marcovecchio, Council and Committee Coordinator

 

Regrets:   Councillor           -     Jasvinder Sandhu

 

 

Declarations of Pecuniary Interest

 

No declarations of pecuniary interest were declared.

 

 

Committee of the Whole

 

Moved by Councillor Lishchyna        Seconded by Councillor Longo

 

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

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

In accordance with Section 2(8) of the Procedure By-law, the Mayor advised that Items 7, 8, 9, 10, and 11 would be considered out of order.

 

7.

Cultural Heritage Landscape Strategy Phase Two - Oakville Harbour

 

 

-           Report from Planning Services Department,
November 27, 2019

 

 

Moved by Councillor Duddeck

 

1.

That the Cultural Heritage Evaluation Report, attached as Appendix A to the report dated November 27, 2019 from Planning Services, be endorsed; and

 

2.

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

 

                                                                                                               CARRIED

 

 

8.

Removal of listed heritage status - 221 Allan Street

 

 

-           Report from Planning Services Department,
November 27, 2019

 

 

Moved by Councillor Duddeck

 

That the property at 221 Allan Street be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest as a listed heritage property.

 

                                                                                                               CARRIED

 

 

9.

Notice of Intention to Demolish - 110 Deane Avenue

 

 

-           Report from Planning Services Department,
November 27, 2019

 

 

Moved by Councillor Duddeck

 

1.

That the property at 110 Deane Avenue be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest;

 

2.

That, prior to demolition, the property owners allow for the salvage of historic materials from the house;

 

3.

That the property owner enter into a heritage easement agreement with the Town prior to the demolition of the building in order to ensure the history of the area is commemorated within any future development of this site; and

 

4.

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.

 

                                                                                                               CARRIED

 

 

10.

Heritage Easement Agreement - 191 Burnhamthorpe Road East

 

 

-           Report from Planning Services Department,
November 27, 2019

 

 

Moved by Councillor Duddeck

 

1.

That, as part of the approval of Heritage Permit Application
HP050/19-42.20, the property owner of 191 Burnhamthorpe Road East enter into a heritage easement agreement (including the provision of securities) with the Town prior to the dismantling of the connected barn in order to ensure the long-term conservation of the heritage building;

 

2.

That a Conservation Plan, including dismantling and salvage, storage and reconstruction details, for a Built Heritage Resource be approved by Heritage Planning staff and included in the heritage easement agreement; and

 

 

3.

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.

 

                                                                                                               CARRIED

 

 

11.

Heritage Oakville Advisory Committee (November 26, 2019)

 

 

Moved by Councillor Duddeck

 

That the following recommendations pertaining to Items 6a and 6b of the Heritage Oakville Advisory Committee minutes from its meeting on November 26, 2019, be approved and the remainder of the minutes be received:

 

 

6a.

Heritage Permit Application HP050/19-42.20B
191 Burnhamthorpe Road East - Salvage, Reconstruction and Relocation of Connected Barn

 

 

-           Report from Planning Services Department,
November 20, 2019

 

 

1.

That Heritage Permit Application HP050/19-42.20B for the dismantling, storage and reconstruction of the connected barn at
191 Burnhamthorpe Road East, as attached in Appendix B to the report dated November 20, 2019 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 connected barn in order to ensure the long-term conservation of the heritage building;

 

b.

That a Conservation Plan, including dismantling and salvage, storage and reconstruction details, for a Built Heritage Resource be approved by Heritage Planning staff and included in the heritage easement agreement; and

 

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.

 

 

 

b.

Heritage permit application HP052/19-42.20W 274 William Street - Demolition and reconstruction of house

 

 

-           Report from Planning Services Department,
November 20, 2019

 

 

1.

That Heritage Permit Application HP052/19-42.20W for the construction of a new house which includes the reconstruction of the original house at 274 William Street, as attached in Appendix B to the report dated November 20, 2019 from Planning Services, be approved; and

 

2.

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

 

                                                                                                               CARRIED

 

 

1.

Assumption of Bronte Creek Community Developments  Subdivision (Crystal Homes Phase 4) 20M-1024, By-law
2019-058

 

 

-           Report from Development Engineering Department, November 20, 2019

 

 

Moved by Councillor Elgar

 

1.

That the assumption of Registered Plan 20M-1024 be approved.

 

2.

That By-law 2019-058 a by-law to assume completed public works and streets within Plan 20M-1024 be passed.

 

                                                                                                               CARRIED

 

 

2.

Assumption of Davis Minardi 2A Subdivision 20M-1168, By-law 2019-123

 

 

-           Report from Development Engineering Department, November 20, 2019

 

 

Moved by Councillor Chisholm

 

1.

That the assumption of Registered Plan 20M-1168 be approved.

 

 

 

2.

That By-law 2019-123 a by-law to assume completed public works within Plan 20M-1168 be passed.

 

                                                                                                               CARRIED

 

 

3.

Subdivision Agreement - Bronte Green 24T-14004

 

 

-           Report from Development Engineering Department, November 20, 2019

 

 

Moved by Councillor Adams

 

1.

That a subdivision agreement between the Town and Bronte Green Corporation be finalized in accordance with the standard agreement format;

 

2.

That the Town Solicitor be authorized to make minor changes to the Agreement, which do not affect the substance of the Agreement; and

 

3.

That the agreement with Bronte Green Corporation be executed in accordance with By-law 2013-057.

 

                           CARRIED on a recorded vote,

                           Council voting as follows:

 

Recorded Vote

 

Yeas                                                 Nays

Councillor O'Meara                        Councillor Elgar

Councillor Robertson

Councillor Duddeck

Councillor Chisholm

Councillor Gittings

Councillor Haslett-Theall             

Councillor Longo

Mayor Burton

Councillor Knoll

Councillor Grant

Councillor Adams

Councillor Lishchyna

Councillor Parmar

 

 

 

 

 

4.

Recommendation Report, Draft Plan of Condominium,
2578 Bristol Circle, Bristol Circle Properties Inc.,
24CDM-19008/1402

 

 

-           Report from Planning Services Department,
November 20, 2019

 

 

Moved by Councillor Adams

 

That the Director of Planning Services be authorized to grant draft plan approval to the draft plan of condominium (24CDM-19008/1402) submitted by Bristol Circle Properties Inc., and prepared by R-PE Surveying Ltd., dated May 6, 2019, subject to the conditions contained in Appendix A.

 

                                                                                                               CARRIED

 

 

5.

Recommendation Report, Silwell Developments Limited, Zoning By-law Amendment, Z.1414.11 - By-law 2019-125

 

 

-           Report from Planning Services Department,
November 27, 2019

 

 

Moved by Councillor Knoll

 

1.

That Zoning By-law Amendment application submitted by Silwell Developments Limited (File No.: Z.1414.11), be approved on the basis that the application is consistent with the Provincial Policy Statement, conforms or does not conflict with the Growth Plan, 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 Planning Services department dated November 27, 2019;

 

2.

That By-law 2019-125, an amendment to Zoning By-law 2014-014, be passed;

 

3.

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;

 

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 Urban Core mixed use lands be designed in accordance with the urban design requirements in Appendix ‘C’ of the report from the Planning Services Department dated November 27, 2019.

 

                                                                                                               CARRIED

 

 

6.

Halton Integrated Growth Management Strategy (IGMS): Results from the Community Engagement to determine Oakville's weighting of the Evaluation Framework for the Growth Scenarios

 

 

-           Report from Planning Services Department,
November 20, 2019

 

 

Moved by Councillor Lishchyna

 

1.

That the report titled “Halton Integrated Growth Management Strategy (IGMS): Results from the Community Engagement to determine Oakville’s weighting of the Evaluation Framework for the Growth Scenarios,” dated November 20, 2019, be received.

 

2.

That the report titled “Halton Integrated Growth Management Strategy (IGMS): Results from the Community Engagement to determine Oakville’s weighting of the Evaluation Framework for the Growth Scenarios,” dated November 20, 2019, be endorsed and submitted to Halton Regional Council as an indication of what evaluation criteria and weighting of the evaluation criteria for the growth scenarios of the Halton Integrated Growth Management Strategy best suit the planning needs of the Town of Oakville.

 

                                                                                                               CARRIED

 

 

C-1.

LPAT Hearing, PL170462, Dunpar Developments Inc.,
1020-1042 Sixth Line

 

 

-           Confidential Report from Legal Department,
November 20, 2019

 

 

Moved by Councillor Knoll

That the recommendation contained in the confidential staff report

dated November 20, 2019, from the Legal Department, be approved.

 

                                                                                                               CARRIED

 

 

CLOSED SESSION

 

Moved by Councillor Duddeck

 

That Committee resolve into a closed meeting session for the purpose of dealing with a matter pertaining to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, and receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose with respect to Item C-2.

 

                                                                                                               CARRIED

 

 

Committee resolved into closed session at 7:37 p.m.

 

Committee resolved back into open session at 8:18 p.m.

 

 

C-2.

Glen Abbey Update

 

 

-           Confidential Report from Legal Department,
November 27, 2019

 

 

Moved by Councillor Duddeck

1.

That the Town Solicitor be instructed to proceed as set out in the Glen Abbey Update report from the Legal Department dated
November 27, 2019;

 

2.

That the Town Solicitor be instructed not to proceed with seeking leave to appeal to the Supreme Court of Canada the Court of Appeal decisions dated October 23, 2019;

 

3.

That Council endorses and ratifies the application commenced in the Superior Court of Justice by the town to seek a declaration that Heritage Designation By-law 2017-138, enacted by the Town on
December 20, 2017, is legal and valid (Court File No.
CV-19-00631561-0000) (Appendix “A”); and

 

4.

That Council endorses and ratifies the application commenced in the Superior Court of Justice by the Town to seek a declaration that By-law 2018-015, which adopted Official Plan Amendment 24 to the Livable Oakville Official Plan, and By-law 2018-016, being a site-specific zoning by-law for Glen Abbey Golf Course, are legal and valid (Court File No.
CV-19-00631562-0000) (Appendix “B”).

 

                           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

 

 

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 has made recommendations on Consent Items 1, 2, and 3, Discussion Items 4, 5, 6, 7, 8, 9, and 10, Confidential Discussion Items C-1 and C-2, and Advisory Committee Minutes Item  11, as noted by the Clerk.

 

 

Moved by Councillor Knoll                      Seconded by Councillor Longo

 

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

 

                                                                                                               CARRIED

 

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Grant                 Seconded by Councillor Robertson

 

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

 

2019-058

A by-law to assume Registered Plan 20M-1024.  (Re: Item 1)

 

 

2019-115

A by-law to amend By-law 1988-077, being a by-law to designate certain property as a property of historical and architectural value and interest (114 Balsam Drive), for the property known as Balsam Lawn at 114 Balsam Drive.

 

 

2019-123

A by-law to assume Registered Plan 20M-1168.  (Re: Item 2)

 

 

2019-125

A by-law to amend the Town of Oakville Zoning By-law
2014-014, as amended, to permit the use of lands described as Block 15 and Part of Block 4, Plan 20M-1032 (Silwell Developments Limited, File No.: Z1414.11).  (Re: Item 5)

 

 

2019-132

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

 

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

 

The Mayor adjourned the meeting 8:22 p.m.

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK