Town of Oakville

Planning and Development Council

MINUTES

Meeting #:
Date:	Monday, September 13, 2021
Time:	6:30 P.m. - 10:30 P.m.
Location:	Virtual Meeting

Mayor and Council:

• Mayor Burton
• Councillor Adams
• Councillor Chisholm
• Councillor Duddeck
• Councillor Elgar
• Councillor Gittings
• Councillor Grant (Left at 8:43 p.m.)
• Councillor Haslett-Theall
• Councillor Knoll
• Councillor Lishchyna
• Councillor Longo
• Councillor O'Meara
• Councillor Parmar
• Councillor Robertson
• Councillor Sandhu

Staff:

• N. Garbe, Commissioner of Community Development (In person)
• N. Sully, Commissioner of Corporate Services and Treasurer
• G. Charles, Director of Planning Services (In person)
• J. Stephen, Director of Transportation and Engineering
• J. Huctwith, Assistant Town Solicitor
• D. Perlin, Assistant Town Solicitor
• D. Childs, Manager of Policy Planning and Heritage
• P. Kelly, Manager of Development and Environmental Engineering
• M. Maguire, Manager of Transportation Strategy
• C. McConnell, Manager of Planning Services, West District
• L. Musson, Acting Manager of Planning Services, East District
• K. Parker, Acting Manager of Development Services
• K. Cockburn, Senior Planner
• T. Collingwood, Senior Planner
• R. Thun, Senior Planner
• B. Hassan, Planner
• K. Livingstone, Planner
• S. Schappert, Heritage Planner
• 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 13th day of September, 2021 in the Council Chamber of the Oakville Municipal Building, 1225 Trafalgar Road, commencing at 6:38 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 Adams
  Seconded by Councillor Knoll

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

  CARRIED

4.

Consent Items(s)

•  

  In accordance with Section 2(8) of the Procedure By-law, the items were considered out of order.

   

  
  

4.1

Development Application Notice Report

• Moved by Councillor O'Meara

  That this item be deferred to a future Planning and Development Council meeting for consideration.

  LOST
• Moved by Councillor Parmar
  1. That the Development Application Notice Report prepared by the Planning Services Department dated August 31, 2021, be received for information.
  2. That all future statutory public meetings for Draft Plans of Subdivision, Official Plan Amendment, and Zoning By-law Amendment applications require a mail-out notice to all properties within 240 metres of the subject property starting in January 2022, when fees for development applications are updated to reflect the increased circulation area.
  CARRIED

5.

Confidential Consent Item(s)

5.1

Ontario Land Tribunal Appeal – Branthaven West Oak Inc.

• Moved by Councillor Elgar

  That staff be authorized to proceed in the appeals to the Ontario Land Tribunal filed by Branthaven West Oak Inc. in respect of the proposed development of 2170 Post Master Drive in accordance with the confidential report from the Legal Department dated August 31, 2021, titled “Ontario Land Tribunal Appeal – Branthaven West Oak Inc.”

  CARRIED

6.

Public Hearing Item(s)

6.1

Public Meeting Report, Zoning By-law Amendment and Draft Plan of Subdivision, Docasa Group Ltd, 160 Burnhamthorpe Road West, File No. Z.1317.06, 24T-21004/1317

• Moved by Councillor Parmar
  1. That the public meeting report, prepared by the Planning Services Department dated August 31, 2021, be received.
  2. That comments from the public with respect to the Zoning By-law Amendment and Draft Plan of Subdivision by Docasa Group Ltd., File No.: Z.1317.06, 24T-21004/1317, be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:
  4. 1. work with the applicant/owner to ensure timely construction of the mid-rise buildings in Blocks 177 and 178, and to ensure warning clauses alert future purchasers of potential height of buildings on these blocks.
     2. work with the developer regarding what climate change initiatives can be incorporated into the design of the subdivision and identify construction materials for new buildings that will help address climate change issues.
  CARRIED

6.2

Public Meeting Report, Zoning By-law Amendment and Draft Plan of Subdivision, Timsin Holding Corp., Sixth Line, File No. Z.1316.11, 24T-21003/1316

• Moved by Councillor Sandhu
  1. That the public meeting report, prepared by the Planning Services Department dated August 31, 2021, be received.
  2. That comments from the public with respect to the Zoning By-law Amendment and Draft Plan of Subdivision by Timsin Holding Corp., File No.: Z.1316.11, 24T-21003/1316, be received.
  3. That analysis of the following matters of interest to Council be included
     as part of the recommendation report:
  4. 1. provide overview of co-ordination with widening of existing roads and new roads, how the timing is worked out among the Town, Halton Region, and the development industry.
     2. work with the developer regarding what climate change initiatives can be incorporated into the design of the subdivision, and identify construction materials for new buildings that will help address climate change issues.
  CARRIED

6.3

Public Meeting Report, SmartCentres (on behalf of SmartREIT (Oakville II) Inc./SmartREIT (Oakville) Inc.), Official Plan Amendment and Zoning By-law Amendment, Z.1413.34, 256, 260 and 294 Hays Boulevard, 271 Oak Park Boulevard 

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

• Frances Angela Borgeest, re:  concerns regarding bicycle unit storage, parking including visitor and overnight, building height, and traffic issues caused by bicycles.
• Wanda Crichton, opposed to the proposed amendments, indicating concerns regarding height, density, storm and wastewater management, flooding, mitigation (green roof insufficient), traffic and safety, speeding, noise, parking, electric parking spots, shadow and night light pollution, tree canopy and loss of mature Ash trees, green space, impact on parks and trails, and compatibility with Livable Oakville; and filed submissions.
• Malcolm Fernandes, re:  concerns regarding sewage system, building height, climate and level of emissions, trees, noise, transit planning, widening of Trafalgar Road, green zone and recreation use, land use near GO Station, and in agreement with the concerns raised by Wanda Crichton regarding the number of stories and water pressure.
• Nolan Moss, Smart Centres, on behalf of the applicant, advised that he would take back the public comments made at this meeting to his client for consideration.
• Susan Carey opposed to the proposed amendments, re:  concerns regarding resident representation on the Rapid Study Transit Group, height of building, in keeping with the character of the neighbourhood, loss of farmland, environment, green space and community gardens, tree planting and canopy, livable Oakville, parking, increase in traffic, bicycles and safety of residents, quality of life, community water, pressure on infrastructure, and sewage system; and filed a submission.
• Ray Campbell, re:  concerns regarding expansion of Dundas Street and widening of Trafalgar Road, intensification, compatibility with Livable Oakville plan, fitting with the neighbourhood context, impact on tall buildings resulting from COVID-19 and future pandemics, overcrowding, and density.

• Moved by Councillor Knoll
  1. That the public meeting report prepared by the Planning Services Department dated August 31, 2021, be received.
  2. That comments from the public with respect to the proposed Official Plan Amendment and Zoning By-law Amendment submitted by SmartCentres (on behalf of SmartREIT (Oakville II) Inc. SmartREIT (Oakville) Inc.) (File No.: Z.1413.34), be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. review of functional servicing matters (i.e. stormwater management, sanitary servicing).
     2. review the proposal in terms of being night sky friendly.
     3. determine whether there is sufficient outdoor and green space as part of the proposal.
     4. review the proposal in context of potential noise increases.
     5. examine the potential mix of land uses and the effect that could have on the overall viability of the Uptown area.
     6. identify ways in which affordable housing opportunities could be incorporated into the proposal.
     7. examine the appropriateness of transition of land uses to adjacent properties.
     8. ensure there is sufficient electrical infrastructure to accommodate electric vehicles.
     9. how will the proposed reduction of parking space for commercial zones affect viability of commercial in the area (existing and proposed).
  CARRIED
• RECESS
  The meeting recessed at 8:43 p.m. and reconvened at 9:00 p.m.

   

  
  

7.

Discussion Item(s)

7.1

Recommendation Report – Draft Plan of Subdivision and Zoning By-law Amendment, 3483 Sixth Line, EMGO III Corporation, File No.: 24T-20005/1315 and Z.1315.09, By-law 2021-066

• Memorandum from Planning Services Department, September 7, 2021  (Distributed at meeting.)

• Moved by Councillor Duddeck
  1. That Draft Plan of Subdivision application and Zoning By-law Amendment application (File Nos. 24T-20005/1315 and Z.1315.09), submitted by EMGO III Corporation, be approved on the basis that the applications are 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 North Oakville East 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 August 31, 2021.
  2. That By-law 2021-066 an amendment to Zoning By-law 2009-189, be passed, as revised.
  3. That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Subdivision (24T-20005/1315) submitted by EMGO III Corporation, prepared by J.D Barnes Limited, dated March 3, 2021, subject to the conditions contained in Appendix “A”.
  4. That the Subdivision Agreement be prepared and finalized to the satisfaction of the Commissioner of Community Development and Town Solicitor or delegates, and executed in accordance with By-law 2013-057.
  5. That staff be authorized to enter into construction access agreements or easements with this owner and any other owners within the Sixth Line corridor which are necessary to complete the Sixth Line Road Widening project in respect of the future road widening lands not yet conveyed to the Town, or acquire such road widening lands prior to subdivision registration, provided such agreements, easements or transfers are at a nominal cost to the Town and on terms satisfactory to the Town Solicitor.
  6. 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.
  7. That, in accordance with Section 34(17) of the Planning Act, no further notice is determined to be necessary.
  CARRIED

7.2

Recommendation Report - Official Plan Amendment and Zoning By-law Amendment – 677 Burloak GP Inc. – File Nos. OPA.1635.10 and Z.1635.10 (September 13, 2021), 3538, 3540, 3542 and 3544 Wyecroft Road – By-law 2021-120 and By-law 2021-121

• Moved by Councillor Duddeck
  1. That amended Official Plan Amendment and Zoning By-law Amendment applications submitted by Wellings Planning Consultants Inc., on behalf of their client 677 Burloak GP Inc. (File No. OPA.1635.10 and Z.1635.10), be approved on the basis that the applications are 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 August 31, 2021.
  2. That By-law 2021-120, a by-law to adopt amendment number 40 to the Livable Oakville Plan, be passed.
  3. That By-law 2021-121 an amendment to Zoning By-law 2014-014, be passed.
  4. 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.
  CARRIED

7.4

Notice of intention to designate – St. John’s Church at 262 Randall Street

• Moved by Councillor Duddeck

  That a notice of intention to designate be issued under Section 29, Part IV of the Ontario Heritage Act for St. John’s United Church at 262 Randall Street.

  CARRIED

7.5

Notice of Intention to Designate – Knox Sixteen Presbyterian Church, 1150 Dundas Street West

• Moved by Councillor Duddeck

  That a Notice of Intention to Designate under Section 29, Part IV of the Ontario Heritage Act for the Knox Sixteen Church and Cemetery cultural heritage landscape, located at 1150 Dundas Street West, as identified in Appendix A to the report dated August 31, 2021 from the Planning Services Department, be issued.

  CARRIED

7.6

Old Oakville Heritage Conservation District Update Work Plan

• Moved by Councillor Duddeck

  That the report ‘Old Oakville Heritage Conservation District Work Plan’ by the Planning Services Department dated September 7, 2021, be received.

  CARRIED

8.

Confidential Discussion Item(s)

There were no Confidential Discussion Items listed for this agenda.

9.

Advisory Committee Minutes

9.1

Heritage Oakville Advisory Committee Minutes - August 24, 2021

• Moved by Councillor Duddeck

  That the following recommendation pertaining to Items 4.1 and 4.2 of the Heritage Oakville Advisory Committee minutes from its meeting on August 24, 2021, be approved and the remainder of the minutes be received:

   

  4.1     Heritage permit application HP035/21-42.20P 105 Paliser Court – New detached garage

  1. That Heritage Permit Application HP035/21-42.20P for the construction of a new detached garage at 105 Paliser Court, as attached in Appendix B to the report dated August 17, 2021 from Planning Services, be approved subject to the following:

  1. 1. That final details on paint colours, doors, trim and cladding be submitted to Heritage Planning staff for final approval; and
  2. That this heritage permit expire two years from the date of final approval by Council.

   

  4.2     Heritage permit application HP029/21-42.20F 187 Front Street – Demolition of existing house and construction of new house

  1. That Heritage Permit Application HP029/21-42.20F for the demolition of the existing house and the construction of a new two-storey house at 187 Front Street, as attached in Appendix B to the report dated August 17, 2021 from Planning Services, be approved subject to the following:

  1. 1. That the stone installed on the chimney and the base of the house be a natural stone that replicates local lakestone as closely as possible;
     2. That final details on paint colours, windows, doors, trim, cladding, and landscaping be submitted to Heritage Planning staff for final approval; and
  2. That this heritage permit expire two years from the date of final approval by Council.
  CARRIED

7.

Discussion Item(s)

7.3

Recommendation Report – Site Plan Application, 3194 Shoreline Drive

• Moved by Councillor O'Meara
  1. That the revised Site Plan application, File No.: SP.1732.016/02 to construct a detached dwelling at 3194 Shoreline Drive as outlined within the report dated August 31, 2021 from Planning Services, be approved.
     
  2. That the Chief Administrative Officer and the Town Clerk be authorized to execute the Site Plan Agreement between the owners of 3194 Shoreline Drive and the Town of Oakville pursuant to the Town’s Document Execution By-law 2013-057.
     
  3. That the Director of Planning Services or designate be authorized to grant final site plan approval to the revised Site Plan application for 3194 Shoreline Drive, File No. SP.1732.016/02 for the construction of a new detached dwelling.
  CARRIED

11.

New Business

11.1

Parking Administrative Penalties By-law 2015-071 - Amendment

•  

  WAIVING OF PROCEDURE BY-LAW

  Moved by Councillor Gittings

  That, in accordance with Section 2(2) of the Procedure By-law, the rules of procedure established in Section 14.1 be waived to permit consideration of the following Notice of Motion to be introduced at a Planning and Development Council meeting.

  CARRIED
• Moved by Councillor Duddeck

  That, in accordance with Section 2(2) of the Procedure By-law, the rules of procedure established in Section 14.1(2) be waived to permit consideration of the following Notice of Motion upon its introduction this evening.

  CARRIED
• Moved by Councillor Haslett-Theall

  WHEREAS By-law 1984-1, as amended (the “Uniform Traffic Control By-law”), includes regulations related to stopping, standing or parking on highways within the Town of Oakville;

  WHEREAS on October 19, 2020, Council approved an amendment to the Uniform Traffic Control By-law to prohibit parking in Special Provision Areas where authorized signs are on display;

  WHEREAS By-law 2015-071, as amended (the “Parking Administrative Penalties By-law”), establishes a system of administrative penalties respecting the stopping, standing or parking of vehicles in the Town of Oakville;

  WHEREAS By-law 2021-065 was approved on April 26, 2021 and is in effect from May 15 to September 15, 2021, but it is desirable to have the provisions apply until October 22, 2021;

  THEREFORE BE IT RESOLVED THAT Council pass By-law 2021-132 to extend the provisions set out in By-law 2021-065 from September 15, 2021 to October 22, 2021.

  CARRIED

10.

Rise and Report to Council

Moved by Councillor Haslett-Theall

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 Item 4.1, Confidential Consent Item 5.1, Public Hearing Items 6.1, 6.2, and 6.3, Discussion Items 7.1, 7.2, 7.3, 7.4, 7.5, and 7.6, Advisory Committee Minutes Item 9.1, and New Business Item 11.1 as noted by the Clerk.

 

• Moved by Councillor Longo
  Seconded by Councillor Lishchyna

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

  CARRIED

12.

Consideration and Reading of By-laws

12.1

By-law 2021-066

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 15, Concession 1, North of Dundas Street (EMGO III Corp., 24T-20005/1315, Z.1315.09), as revised.  (Re: Item 7.1)

12.2

By-law 2021-120

A by-law to adopt an amendment to the Livable Oakville Official Plan, Official Plan Amendment Number 40 (Town of Oakville, 3538, 3540, 3542, 3544 Wyecroft Road; File: OPA 1635.10).  (Re: Item 7.2)

12.3

By-law 2021-121

A by-law to amend the Town of Oakville Zoning By-law 2014-014, as amended, to permit the use of lands described as Part of Lot 35, Concession 3 and Blocks 4 and 22, Registered Plan 20M-1005 TOWN OF OAKVILLE (677 Burloak GP Inc., File No.: Z.1635.10).  (Re: Item 7.2)

12.5

By-law 2021-132 not previously listed

A by-law to amend By-law 2015-071 (Parking Administrative Penalties By-law) as amended.  (Re: New Business Item 11.1)

12.4

By-law 2021-126

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

• Moved by Councillor Sandhu
  Seconded by Councillor Parmar

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

  CARRIED

13.

Adjournment

The Mayor adjourned the meeting at 10:05 p.m.