Town of Oakville

Planning and Development Council

MINUTES

Meeting #:

Date:

Monday, January 23, 2023

Time:

6:30 P.m. - 10:30 P.m.

Location:

Council Chamber

Mayor and Council:

• Mayor Burton
• Councillor Adams
• Councillor Chisholm
• Councillor Duddeck
• Councillor Elgar
• Councillor Gittings
• Councillor Grant
• Councillor Haslett-Theall
• Councillor Knoll
• Councillor Lishchyna
• Councillor Longo
• Councillor McNeice
• Councillor Nanda
• Councillor O'Meara
• Councillor Xie

Staff:

• J. Clohecy, Chief Administrative Officer
• N. Garbe, Commissioner of Community Development
• P. Fu, Commissioner of Community Infrastructure
• D. Carr, Town Solicitor
• G. Charles, Director of Planning Services
• J. Stephen, Director of Transportation and Engineering
• J. Huctwith, Assistant Town Solicitor
• C. McConnell, Manager of Planning Services, West District
• L. Musson, Manager of Planning Services, East District
• K. Parker, Manager of Development Services
• P. Barrette, Senior Planner
• K. Biggar, Manager of Policy Planning and Heritage
• K. Cockburn, Senior Planner
• T. Collingwood, Senior Planner
• R. Thun, Senior Planner
• S. Rizvi, Transportation Engineer
• C. Van Sligtenhorst, Heritage Planner
• K. Patrick, Acting Town Clerk
• J. Marcovecchio, Council and Committee Coordinator

The Town of Oakville Council met in regular session to consider planning matters on this 23rd day of January, 2023 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, commencing at 6:30 p.m.

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1.

Regrets

There were no regrets.

 

2.

Declarations of Pecuniary Interest

No declarations of pecuniary interest were declared.

 

3.

Committee of the Whole

• Moved by Councillor Duddeck
  Seconded by Councillor Longo

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

  CARRIED

4.

Consent Items(s)

4.1

24T-12001 – Green Ginger Phase 1 Stage 2 – NHS Block 35 Assumption – By-law 2023-001

• Moved by Councillor Duddeck

  That By-law 2023-001, A by-law to assume the Natural Heritage System (NHS) Block – Block 35, under Registered Plan: 20M-1175, be passed.

  CARRIED

4.2

Assumption of Silwell Phase 8 – Taunton Road, By-law 2023-005-Development Agreement with Silwell Development Limited (File: 24T-92005) approved by Council on September 16, 2013 (the "Development Agreement")

• Moved by Councillor Duddeck
  1. That the assumption of remaining public works under Plan 20M-803 and Plan 20R-19677 be approved.
  2. That By-law 2023-005 a by-law to assume completed public works within Plan 20M-803 and Plan 20R-19677 (“Development Agreement”) including portions of Littlewood Drive, Gatwick Drive and Roxton Road, as well as the eastern portion of Taunton Road between Oak Park Boulevard and Georgian Drive, be passed.
  CARRIED

4.3

24T-12011 – Petgor Phase 1B – Subdivision Assumption – By-law 2023-004

• Moved by Councillor Duddeck
  1. That the assumption of Registered Plan 20M-1176 be approved; and

  2. That By-law 2023-004, a by-law to assume the completed Public Works within Registered Plan 20M-1176 be passed.

  CARRIED

4.4

Recommendation Report, Draft Plan of Condominium, Mattamy (Carding Mill) Limited, File No.: 24CDM-22003/1318 – 3279 Carding Mill Trail

• Moved by Councillor Duddeck

  That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Condominium (24CDM-22003/1318) submitted by Mattamy (Carding Mill) Limited, and prepared by R-PE Surveying Ltd. dated October 4, 2022, subject to the conditions contained in Appendix A of the Planning Service Report dated January 10, 2023.

  CARRIED

5.

Confidential Consent Item(s)

5.1

Confidential – OLT Appeal – Bronte River Limited Partnership – 1300-1350 Bronte Road (January 23, 2023)

• Moved by Councillor Duddeck

  That staff be authorized to proceed in the appeals to the Ontario Land Tribunal filed by Bronte River Limited Partnership (OLT-22-004487) in accordance with the report from the Legal Department dated January 10, 2023.

  CARRIED

5.2

Confidential – Ontario Land Tribunal Appeal – Eaglewood Communities Ltd – 1354 Bronte Road

• Moved by Councillor Duddeck

  That staff be authorized to proceed in appeals to the Ontario Land Tribunal filed by Eaglewood Communities Ltd. in accordance with the confidential report from the Legal Department dated January 10, 2023.

  CARRIED

6.

Public Hearing Item(s)

6.1

Public Meeting Report, Official Plan Amendment – Infrastructure Ontario, OPA1504.03

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

• Susan Alksnis, Board Member, Clearview Oakville Community Alliance (COCA), opposed to the proposed amendment as outlined in her submission filed.
• John Scheel opposed to the proposed amendment as outlined in his presentation and submission filed in terms of concerns regarding industrial dumps in Oakville, and Sherwood Heights Drive borders one of the sites.
• Iris Kingston opposed to the proposed amendment, agrees with the comments made by Susan Alksnis, Clearview Oakville Community Alliance (COCA) on sensitive land use, and concerns re: what is going to be built on the subject lands.

• Moved by Councillor Knoll
  1. That the public meeting report prepared by the Planning Services Department dated January 10, 2023, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment submitted by Infrastructure Ontario (File No.: OPA1504.03), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. review the appropriateness of Business Employment designation compared to Office Employment designation.
     2. review the former designation under the Parkway Belt West Plan, including policies and objectives for the subject lands.
     3. review the need for additional buffers on the subject lands to sensitive land uses.
     4. review land use compatibility for residential development, including long term care and mixed uses on the subject lands.
     5. investigate the opportunities for a peer review of the Environmental Impact Assessment to assess the developability of the subject lands.
     6. review the purpose and function of the relocated wetland feature.
     7. determine if there is nearby contamination that would limit the development subject lands.
  CARRIED

6.2

Public Meeting Report, Official Plan Amendment, Infrastructure Ontario, File No.: OPA 1213.01

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

• Russell Cheeseman, legal counsel for his clients Star Oak Developments Limited, Mel-Oak Developments Inc., and Mel-Oak Developments North Ltd., the owners of lands adjacent to the west of the subject property, concerns re:  traffic and servicing problems as outlined in his submission filed.
• Robert Kanceljak, owner of the property 273 Burnhamthorpe Road adjacent to the subject property, was not opposed to the proposed amendment, concerns re:  road alignment and impact on his property for future development.
• Sajid Anjum, concerns re:  traffic, and roads.
• Khaud Shuja, Project Manager, Al Falah Islamic Centre, asking for information on the proposed development, concerns re:  roads.

• Moved by Councillor Nanda
  1. That the public meeting report prepared by the Planning Services Department dated January 10, 2023 received.
  2. That comments from the public with respect to the proposed Official Plan Amendment submitted by Infrastructure Ontario (File No.: OPA 1213.01), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. that the town explore options for producing affordable housing as part of the application.
     2. provide further information on permitted land uses in proximity to the property, and detail prestige employment permissions.
     3. consider tools for the town to use, including inclusionary zoning.
     4. co-operation with NOCBI for lands and adjacent lands.
     5. look at compatibility of uses, including D6 guidelines.
     6. regard for the land use compatibility between employment uses that generate truck traffic and future residential uses.
     7. consider an alternative alignment that will allow for the future development of the property owner of 273 Burnhamthorpe Road.
     8. meet with Al Falah Islamic Centre.
     9.  complete community definition for the development.
  CARRIED

6.3

Public Meeting Report, Official Plan Amendment, ARGO Trafalgar Corporation, File No: OPA 1212.01

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

• Russell Cheeseman, legal counsel for his clients Star Oak Developments Limited, Mel-Oak Developments Inc., and Mel-Oak Developments North Ltd., concerns re:  truck traffic, servicing and storm water management which have to be looked at to ensure the increased intensity of use, and work within the North Oakville Secondary Plan.

• Moved by Councillor Xie
  1. That the public meeting report prepared by the Planning Services Department dated January 10, 2023, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment submitted by ARGO Trafalgar Corporation (File No.: OPA 1212.01), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. road alignment impacting the Al Falah Islamic Centre.  Request to consider an alternative road alignment that will respect the growing popularity of this institution as well as the future expansion plans of the Centre.
     2. provide further information on permitted land uses in proximity to the property, and detail prestige employment permissions.
     3. consider tools for the town to use, including inclusionary zoning.
     4. co-operation with NOCBI for lands and adjacent lands.
     5. look at compatibility of uses, including D6 guidelines.
     6. regard for the land use compatibility between employment uses that generate truck traffic and future residential uses.
     7. evaluate whether this is an appropriate area for the community planning permit system.
  CARRIED

6.4

Public Meeting Report, Official Plan Amendment and Zoning By-law Amendment, Helberg Properties Limited, File Number Z.1616.57 & OPA 1616.57

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

• Pierre Sauvageot, doesn't support the application due to affordability, wants to see tenant relocation strategy and compensating packages, housing report from Region is different from Town's, tenants should be able to return to existing rates.
• Terry Garswood, doesn't support the application, tenants have no rights to come back, there is a housing crisis, new units unaffordable, removing rent controls prices unfairly raised, asking Council to reject proposal until more affordable housing is built.
• Nicole LeBlanc, President, West River Residents Association (WRRA), support for infill development overall and her submission filed speaks to aspects of the application for which they are not fully in support of.
• Alexander Buchan, concerns re:  density, price of units, increased traffic, move eastbound bus stop to a different location, and right in and right out.
• James McDonald, concerns re:  traffic, parking issues, density is too big for area, elderly residents will not be able to find another place to live, and bus stops in the area.
• Jill-Ann Banks, having to move is a big upheaval in her life, and building is a heritage original building and should not be torn down.
• Sherry Hindle, concerns re:  affordability and doesn't want to leave area as everything is within walking distance for her. 

• Moved by Councillor Chisholm
  1. That the public meeting report prepared by the Planning Services Department dated January 10, 2023, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment and Zoning By-law Amendment submitted by Helberg Properties Limited (File Number Z.1616.57 & OPA 1616.57), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. review and provide an evidence-based analysis of the proposed reduction of the minimum parking ratio and identify an appropriate minimum amount of dedicated visitor parking.
     2. review and provide a response on applicable policy and regulations regarding replacement of affordable housing, and inclusionary zoning.
     3. review transportation considerations, including a complete assessment of the transportation study, turning movements from Speers Road and within the ‘service road’, potential improvements to Speers Road and/or the ‘service road’, and impact on area road and intersection capacity.
     4. review the maximum permitted density and building height in the context of applicable policy and the surrounding context together with the scale and massing of the proposed building.
     5. review building setbacks and building transitions to the existing elementary school and low-density residential neighbourhood to the south including space for appropriate landscaping.
     6. review and provide a response on applicable policy and regulations regarding demolition of rental buildings, including pursuant to Bill 23, under the Municipal Act and the 3% vacancy rate policy of the Halton Region Official Plan.
     7. identify whether the existing building is a significant cultural heritage resource.
     8. address correlation between density, transportation, and urban mobility in growth nodes.
     9. clarify public consultation undertaken to date and whether owners of adjacent buildings have been consulted.
     10. are there sufficient recreational opportunities in the area?
  CARRIED

7.

Discussion Item(s)

There were no discussion items.

 

8.

Confidential Discussion Item(s)

There were no confidential discussion items.

 

9.

Advisory Committee Minutes

9.1

Heritage Oakville Advisory Committee Minutes - December 13, 2022

• Moved by Councillor McNeice

  That the following recommendation pertaining to Items 4.1, 4.2, and 4.3 of the Heritage Oakville Advisory Committee minutes from its meeting on December 13, 2022, be approved and the remainder of the minutes be received:

  4.1     Heritage permit application HP057/22-42.20T 407 Trafalgar Road – Demolition of existing garage and construction of new addition

  1. That Heritage Permit Application HP057/22-42.20T for the demolition of the existing detached garage and the construction of a new addition to the existing house at 407 Trafalgar Road, as attached in Appendix B to the report dated December 6, 2022 from Planning Services, be approved subject to the following:

  1. 1. That final details on the cladding, windows and doors be submitted to Heritage Planning staff for final approval;
     2. That materials to be removed as part of this proposal be made available for salvage by the owner; and,
  2. That this heritage permit expire two years from the date of final approval by Council.

  4.2     Heritage permit application HP58/22-42.20A 78 Allan Street – Replacement of rear wing, construction of new detached garage and minor alterations to existing house

  1. That Heritage Permit Application HP058/22-42.20A for the replacement of the rear wing, construction of a new detached garage and minor alterations to the existing heritage house, as attached in Appendix B to the report dated December 6, 2022 from Planning Services, be approved subject to the following:

  1. 1. That final details on the cladding, doors and windows, including rooftop openings, be submitted to Heritage Planning staff for final approval;
     2. That materials to be removed as part of this proposal be made available for salvage by the owner; and,
  2. That this heritage permit expire two years from the date of final approval by Council.

  4.3     Heritage permit application HP056/22-42.20L 1118 Lakeshore Road East – Demolition of rear wings, construction of new additions and alterations to existing house

  1. That Heritage Permit Application HP056/22-42.20L for the demolition of rear wings, the construction of new additions and alterations to the existing house, as attached in Appendix B to the report dated December 6, 2022 from Planning Services, be approved subject to the following:

  1. 1.  That the original exterior walls of the c.1866 house be retained, using the existing structural openings to connect to the new addition wherever possible;
     2. That the stucco cladding on the new additions be a traditional three-coat stucco rather than an EIFS application;
     3. That the stone cladding proposed on the new additions be a natural material that is complementary to the heritage house;
     4. That the north wall of the breezeway be clad in either wood or natural stone cladding to provide a distinction between the heritage house and the new additions;
     5. That the north entrance to the breezeway be designed in a manner and at a scale that is less prominent than the front entrance of the c.1866 heritage house;
     6. That the stone veneer base be limited to the new additions and not be added to the historic sunroom wing;
     7. That the new chimney on the sunroom addition be constructed of brick and have a design and scale that is in keeping with the heritage character of this wing;
     8. That final details on the new cladding, windows, doors, and trim be submitted to the Director of Planning Services for final approval; and,
     9. That materials to be removed as part of this proposal be made available for salvage by the owner.
  2. That this heritage permit expire two years from the date of final approval by Council.
  CARRIED

10.

Rise and Report to Council

• Moved by Councillor Elgar

  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 4.1, 4.2, 4.3, and 4.4; Confidential Consent Items 5.1 and 5.2;  Public Hearing Item 6.1, 6.2, 6.3, and 6.4; and Advisory Committee Minutes Item 9.1, as noted by the Clerk.

  
  
• Moved by Councillor Longo
  Seconded by Councillor Grant

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

  CARRIED

11.

New Business

(Emergency, Congratulatory or Condolence)

There was no new business.

 

12.

Consideration and Reading of By-laws

12.1

By-law 2023-001

A by-law to assume the Natural Heritage System (NHS) Block – Block 35, under Registered Plan: 20M-1175.  (Re: Item 4.1)

12.2

By-law 2023-004

A by-law to assume the completed Public Works within Registered Plan 20M-1176.  (Re: Item 4.3)

12.3

By-law 2023-005

A by-law to assume completed public works within Plan 20M-803 and Plan 20R-19677 (“Development Agreement”) including portions of Littlewood Drive, Gatwick Drive and Roxton Road, as well as the eastern portion of Taunton Road between Oak Park Boulevard and Georgian Drive.  (Re: Item 4.2)

12.4

By-law 2023-010

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

12.5

By-law 2023-015

A by-law to declare that certain land is not subject to part lot control (Blocks 2, 3, 4, 9, 10, 11, 13, 15, 16, 17, 18, 19, 23, 24 and 25, Plan 20M-1247 – Mattamy (Joshua Creek) Limited).

• Moved by Councillor Lishchyna
  Seconded by Councillor Adams

  That the by-law(s) noted above be passed.

  CARRIED

13.

Adjournment

The Mayor adjourned the meeting at 9:51 p.m.