Town of Oakville

Planning and Development Council

MINUTES

Meeting #:
Date:	Tuesday, December 07, 2021
Time:	6:30 P.m. - 10:30 P.m.
Location:	Virtual Meeting

Mayor and Council:

• Mayor Burton (In person)
• Councillor Adams
• Councillor Chisholm
• Councillor Duddeck
• Councillor Elgar
• Councillor Gittings
• Councillor Grant
• Councillor Haslett-Theall
• Councillor Knoll
• Councillor Lishchyna
• Councillor Longo
• Councillor O'Meara
• Councillor Parmar
• Councillor Robertson
• Councillor Sandhu

Staff:

• J. Clohecy, Chief Administrative Officer
• N. Garbe, Commissioner of Community Development (In person)
• P. Fu, Commissioner of Community Infrastructure (In person)
• D. Carr, Town Solicitor
• G. Charles, Director of Planning Services (In person)
• B. Cole, Director of Transit Services (In person)
• J. Stephen, Director of Transportation and Engineering (In person)
• J. Huctwith, Assistant Town Solicitor
• D. Perlin, Assistant Town Solicitor
• T. Collingwood, Acting Manager of Planning Services, East District
• L. Gill-Woods, Acting Manager of Policy Planning and Heritage
• K. Parker, Acting Manager of Development Services
• L. Musson, Senior Planner
• R. Thun, Senior Planner
• D. Addington, Heritage Planner
• C. Buckerfield, Planner
• B. Hassan, Planner
• K. Patrick, Acting Town Clerk (In person)
• J. Marcovecchio, Council and Committee Coordinator (In person)

The Town of Oakville Council met in regular session, via videoconference, to consider planning matters on this 7th day of December, 2021 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 Lishchyna
  Seconded by Councillor Knoll

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

  CARRIED

4.

Consent Items(s)

4.1

Partial Assumption of Shieldbay Subdivision 20M-1183, By-Law 2021-092

• Moved by Councillor Gittings
  1. That the partial assumption of Registered Plan 20M-1183 be approved; and

  2. That By-law 2021-092 a by-law to partially assume completed public works within Plan 20M-1183 be passed.
  CARRIED

4.2

Assumption of Canada Lands Company (CLC) Subdivision 20M-1130, By-Law 2021-143

• Moved by Councillor Gittings
  1. That the assumption of Registered Plan 20M-1130 be approved; and

  2. That By-law 2021-143 a by-law to assume completed public works within Plan 20M-1130 be passed.

  CARRIED

4.3

Star Oak Phase 2 Subdivision Agreement

• Moved by Councillor Gittings
  1. That a subdivision agreement between the Town and Star Oak Developments Ltd. 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.
     
  3. That the agreement with Star Oak Developments Ltd. be executed in accordance with By-law 2013-057.

  CARRIED

4.4

Removal of Holding “H” Provision, 1415 Dundas Street East and 3006 William Cutmore Boulevard (a portion of Block 146 – 20M-1229), File No.: Z.1308.04, By-law 2021-134

• Moved by Councillor Gittings
  1. That the Zoning By-law Amendment application (File No.: Z.1308.04) submitted by Mattamy (Joshua Creek) Limited to remove the “H29” Holding Provision from a portion of Block 146, 20M-1229 municipally known as 1415 Dundas Street East and 3006 William Cutmore Boulevard, be approved; and,
  2. That By-law 2021-134, a by-law to remove the “H29” Holding Provision on a portion of Block 146, 20M-1229 municipally known as 1415 Dundas Street East and 3006 William Cutmore Boulevard, from Zoning By-law 2009-189, as amended, be passed.
  CARRIED

4.5

Holding Provision Removal - Graydon Banning Limited (Mattamy Development Corporation), Dundas Street West, Z.1324.12, By-law 2021-078

• Moved by Councillor Gittings
  1. That the application (File No.: Z.1324.12) submitted by Graydon Banning Limited (Mattamy Development Corporation) to remove the Holding Provision “H42” from various blocks contained within Draft Plan of Subdivision, File No 24T-15006/1324, be approved.

  2. That By-law 2021-078, a By-law to remove the Holding “H42” Provision from Zoning By-law 2014-014, as amended, from various blocks contained within Draft Plan of Subdivision File No 24T-15006/1324, be passed.

  CARRIED

5.

Confidential Consent Item(s)

5.1

Ontario Land Tribunal-Town Appeal-CAV A/073/2021- 305 Morrison Road

• Moved by Councillor Gittings
  1. That the appeal to the Ontario Land Tribunal (“OLT”) of the Committee of Adjustment (“COA”) Decision CAV A/073/2021, 305 Morrison Road, be confirmed.
  2. That the Town Solicitor or his designate be authorized to pursue this appeal of the COA Decision A/073/2021 in accordance with the position set out in Appendix D attached to the report.
  3. That in consultation with the Director of Planning or his designate, the Town Solicitor or his designate, be authorized to negotiate a proposed settlement of the Appeal and execute Minutes of Settlement before the OLT Hearing in a manner that addresses the issues and concerns identified in Appendix D attached to the report and if that is achieved, then to withdraw the Town Appeal to the OLT and rely on an executed and registered Site Plan Agreement to effect the content of the Settlement.
  CARRIED

6.

Public Hearing Item(s)

6.1

Public Meeting and Recommendation Report – Zoning By-law Amendment – Kamato Holdings Limited – 1235 Trafalgar Road, 1226-1230 White Oaks Boulevard and 350 Lynnwood Drive, File No.: Z.1512.09, By-law 2021-049

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

Kate Stadelmann, opposed to the proposed amendment as outlined in her submission filed.

Cynthia MacDougall, McCarthy Tétrault LLP and Hector Tuminan, BDP Quadrangle, on behalf of the applicant, advising that they provide apartment buildings targeting mid-range level, wanted to reassure the medical center and pharmacy are staying, the site is excellent for intensification, providing significant parking for bikes and electric vehicles, and willing to discuss environmental issues during site plan process.

• Moved by Councillor Adams
  1. That Zoning By-law Amendment application (File No. Z.1512.09), submitted by Kamato Holdings Limited, 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 November 23, 2021.
  2. That By-law 2021-049 an amendment to Zoning By-law 2014-014, 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 Council directs staff to ensure the site plan approval for the proposed development is to be designed in accordance with the urban design requirements in Appendix ‘B’ of the report from the Planning Services Department dated November 23, 2021.
  5. That the Town Solicitor or designate be authorized to give the Town’s consent to the relocation of the parking spaces shared among the subject properties within the expanded Parking Area C identified in By-law 2021-049.
  CARRIED

7.

Discussion Item(s)

7.1

Randall Oakville Developments Ltd., Church Oakville Developments Ltd., Zoning By-law Amendment Z.1614.74 – By-law 2021-138

• Moved by Councillor Gittings

  That this report be received for information.

  CARRIED

7.2

Official Plan Review Update – December 7, 2021

• Moved by Councillor Chisholm

  That the staff report dated November 23, 2021 entitled Official Plan Review Update – December 7, 2021 from the Planning Services department be received.

  CARRIED

7.3

Town of Oakville Transit Priority Projects

• Moved by Councillor Grant
  1. That the report titled Town of Oakville Transit Priority Projects, dated November 23, 2021, from Oakville Transit and the Transportation and Engineering Department be received.
  2. That the following are endorsed as the Town of Oakville’s priority transit initiatives:
     1. Transit Fleet Electrification
     2. Trafalgar Bus Rapid Transit
     3. Dundas Bus Rapid Transit
     4. Palermo Transit Terminal
     5. Midtown including Oakville GO modifications
     6. Regional Express Rail on the Lakeshore West line
     7. Enhanced and Expanded On Demand Transit Services.

  For (15)

  Councillor Adams, Mayor Burton, Councillor Chisholm, Councillor Duddeck, Councillor Elgar, Councillor Gittings, Councillor Grant, Councillor Haslett-Theall, Councillor Knoll, Councillor Lishchyna, Councillor Longo, Councillor O'Meara, Councillor Parmar, Councillor Sandhu, and Councillor Robertson

  Carried Unanimously on a recorded vote (15 to 0)

7.4

Notice of Intention to Designate – 4243 Sixth Line (Glenclare Farm)

• Moved by Councillor Parmar
  1. That a notice of intention to designate be issued under Section 29, Part IV of the Ontario Heritage Act for the 1898 Glenclare Farmhouse at 4243 Sixth Line, as identified as Part 4 on the draft Reference Plan attached as Appendix C to this report;

  2. That the property at 4243 Sixth Line be removed from any further implementation of the Cultural Heritage Landscape Strategy;

  3. That the removal of the remaining agricultural outbuildings on the property, including the damaged foundation walls and silos of the former barn, the concrete block milk house and the contemporary cold storage and store building, be permitted in accordance with Section 27(9) of the Ontario Heritage Act;

  4. That the property owner enter into a heritage easement agreement with the Town, prior to the removal of the ruins of the former timber frame bank barn, in order to ensure the history of the site is commemorated using salvaged materials within any future development of this site;

  5. That the heritage easement agreement be executed in accordance with Executions By-law 2013-057 and be registered on title to the property at 4243 Sixth Line; and,

  6. That the Town Solicitor be authorized to discharge the heritage easement agreement from title to the lands on which it is registered, at the expense of the owner, once the requirements in the heritage easement agreement have been satisfied to the satisfaction of the Manager of Policy Planning and Heritage.
  CARRIED

8.

Confidential Discussion Item(s)

8.1

Ontario Land Tribunal Appeal - CAV A/133/2021- 440 Tower Drive

• Moved by Councillor Sandhu
  1. That the appeal to the Ontario Land Tribunal (“OLT”) of the Committee of Adjustment (“COA”) Decision CAV A/133/2021, 440 Tower Drive, be confirmed.
  2. That the Town Solicitor or his designate be authorized to pursue this appeal of the COA Decision A/133/2021 in accordance with the position set out in Appendix C attached to the report.
  3. That in consultation with the Director of Planning or his designate, the Town Solicitor or his designate, be authorized to negotiate a proposed settlement of the Appeal, if possible, either before or at the OLT Hearing in a manner that addresses the issues and concerns identified in Appendix C attached to the report.
  CARRIED

9.

Advisory Committee Minutes

9.1

Heritage Oakville Advisory Committee Minutes - November 16, 2021

• Moved by Councillor Gittings

  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 November 16, 2021, be approved and the remainder of the minutes be received:

  4.1     Heritage permit application HP053/21-42.20N 68-70 Navy Street – Removal of front wall

  1. That Heritage Permit Application HP053/21-42.20N for removal of the front wall at 68-70 Navy Street, as attached in Appendix B to the report dated November 9, 2021 from Planning Services, be approved subject to the following:
     1. That prior to removal of the front wall, the property owners complete a full heritage building assessment report detailing the construction methods and history;
     2. That the property owner enter into a heritage easement agreement with the Town prior to the demolition of the front wall in order to ensure the history of the building is commemorated and the heritage building assessment is completed;
     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; and
  2. That this heritage permit expire two years from the date of final approval by Council.

   

  4.2     Heritage permit application HP051/21-42.20U 417 Union Street – Revisions to design of new house

  1. That Heritage Permit Application HP051/21-42.20U for revisions to the design of a new house at 417 Union Street, as attached in Appendix B to the report dated November 9, 2021 from Planning Services, be approved subject to the following:
     1. That final details on the cladding, windows and doors be submitted to Heritage Planning staff for final approval; and
     2. That the glazing on the front elevation be minimized if necessary to ensure the glazing is less than 35% of the wall; and
  2. That this heritage permit expire two years from the date of final approval by Council.

   

  4.3     Heritage Permit Application HP052/21-42.20L – 17 Lambert Common – Exterior rehabilitation of Lambert-Smye Estate house and removal of greenhouse

  1. That Heritage Permit Application HP052/21-42.20L for the rehabilitation of the exterior of the Lambert-Smye Estate house and removal of the attached greenhouse at 17 Lambert Common, as attached in Appendix B to the report dated November 9, 2021 from Planning Services, be approved subject to the following:
     1. That final details on the windows, doors, garage door, new railings and paint colours be submitted to Heritage Planning staff for final approval.
  2. That this heritage permit expire two years from the date of final approval by Council.
  3. That notice of Council’s decision to consent to the removal of heritage attributes be published in the local newspaper, in accordance to Section 34(4.2) of the Ontario Heritage Act.
  CARRIED

10.

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 4.1, 4.2, 4.3, 4.4, and 4.5, Confidential Consent Item 5.1, Public Hearing Item 6.1, Discussion Items 7.1, 7.2, 7.3, and 7.4, Confidential Discussion Item 8.1, and Advisory Committee Minutes Item 9.1, as noted by the Clerk.

   

  
  
• Moved by Councillor Longo
  Seconded by Councillor Sandhu

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

  CARRIED

11.

New Business

(Emergency, Congratulatory or Condolence)

Councillor Duddeck congratulated Desmond Jordan and Councillor Knoll, recipients of the Paul Harris Fellow Recognition Award for their community efforts, awarded at a recent meeting of the Rotary Club of Oakville Trafalgar.

Councillor O'Meara congratulated France Fournier on her appointment as President to the Oakville Chamber of Commerce, and thanked Drew Redden for his time and commitment to the Oakville community and an ally for business.

Councillor Chisholm congratulated Doug Sam and Dean MacLean on the Kerr Village BIA Christmas tree lighting ceremony held at Westwood Park on December 3, 2021.

12.

Consideration and Reading of By-laws

12.1

By-law 2021-049

A by-law to amend the Town of Oakville’s Zoning By-law 2014-014, as amended, to permit the construction of a 20-storey residential apartment building and a temporary vehicular ramp on lands described as 1226-1230 White Oaks Blvd and 350 Lynnwood Drive (Kamato Holdings Limited – Z.1512.09).  (Re: Item 6.1)

12.2

By-law 2021-078

A by-law to remove the Holding “H” Provision on lands described as 1357 Dundas Street West, Graydon Banning Limited (Mattamy Development Corporation), File No.: Z.1324.12.  (Re: Item 4.5)

12.3

By-law 2021-092

A by-law to partially assume Registered Plan 20M-1183.  (Re: Item 4.1)

12.4

By-law 2021-134

A by-law to remove the Holding Provision on a portion of Block 146, 20M-1229 municipally known as 1415 Dundas Street East and 3006 William Cutmore Boulevard, File No. Z.1308.04.  (Re: Item 4.4)

 

 

12.5

By-law 2021-136

A by-law to designate St. John’s United Church at 262 Randall Street as a property of cultural heritage value or interest.

12.6

By-law 2021-143

A by-law to assume Registered Plan 20M-1130.  (Re: Item 4.2)

12.7

By-law 2021-151

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

• Moved by Councillor Grant
  Seconded by Councillor Chisholm

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

  CARRIED

13.

Adjournment

The Mayor adjourned the meeting at 8:38 p.m.