Town of Oakville

Planning and Development Council

MINUTES

Meeting #:
Date:	Monday, April 12, 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 (Arrived at 6:31 p.m.)
• Councillor O'Meara
• Councillor Parmar
• Councillor Sandhu
• Councillor Robertson

Staff:

• J. Clohecy, Chief Administrative Officer
• N. Garbe, Commissioner of Community Planning (In person)
• N. Sully, Commissioner of Corporate Services and Treasurer
• P. Fu, Commissioner of Community Infrastructure
• D. Carr, Town Solicitor
• J. Stephen, Director of Transportation and Engineering
• G. Charles, Interim Director of Planning Services (In person)
• N. Chandra, Assistant Town Solicitor
• D. Perlin, Assistant Town Solicitor
• D. Childs, Manager of Policy Planning and Heritage
• H. Hecht, Manager of Planning Services, East District
• C. McConnell, Manager of Planning Services, West District
• P. Barrette, Senior Planner
• K. Biggar, Senior Planner
• K. Cockburn, Senior Planner
• T. Collingwood, Senior Planner
• L. Gill-Woods, Senior Planner
• L. Musson, Senior 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 to consider planning matters on this 12th day of April 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

Recommendation Report, Phased Draft Plan of Standard Condominium, 1388 Dundas Street West, Matam Holdings Inc., 24CDM-20003/1424

• Moved by Councillor Robertson

  That the Director of Planning Services be authorized to grant draft plan approval to the Phased Draft Plan of Standard Condominium (24CDM-20003/1424) submitted by Matam Holdings Inc. prepared by Rady-Pentek & Edward Surveying Ltd. dated September 24, 2020, subject to the conditions contained in Appendix A of the report dated March 30, 2021, from the Planning Services Department.

  CARRIED

4.2

Deeming By-law 2021-058 for 176 Front Street, Lots 1 and 2, Block 78, Registered Plan 1

• Moved by Councillor Robertson
  1. That By-law 2021-058 be passed which has the effect of merging Lots 1 and 2, Block 78, Registered Plan 1, in accordance with subsection 50(4) of the Planning Act; and
  2. That Staff be directed to register the by-law on title to the subject lands.
  CARRIED

4.3

Adoption of Official Plan Amendment 34 - The North West Area and Palermo Village, Excluding the Hospital District, as Modified by Council – By-law 2021-043 (File No. 42.24.23)

• Moved by Councillor Robertson

  That By-law 2021-043, a by-law to repeal the 1984 Official Plan as it applies to the North Oakville Secondary Plan Area (excluding the Hospital District and the lands excluded by deferral of Council on March 22, 2021), and adopt Official Plan Amendment Number 34 (OPA 34) to the Livable Oakville Plan, as modified by Council resolution on March 22, 2021, to incorporate new policies for that same area and an expanded Palermo Village Growth Area, be passed.

  CARRIED

5.

Confidential Consent Item(s)

5.1

1035 Pinegrove Road - LPAT Appeal

• Moved by Councillor Elgar
  1. That the appeal to the Ontario Municipal Board of Committee of Adjustment 
     Decision CAV A/087/2020 1035 Pinegrove Road, be confirmed.
  2. That Council endorse the proposed settlement set out in the confidential 
     report dated April 6, 2021.
  CARRIED

5.2

Glen Abbey Update

• Moved by Councillor Chisholm

  That the Town Solicitor be instructed to proceed in accordance with the confidential report from the Legal Department dated April 6, 2021.

  CARRIED

6.

Public Hearing Item(s)

6.1

Public Meeting Report - Official Plan Amendment and Zoning By-law Amendment, 2603848 and 2603849 Ontario Ltd c/o Revera Inc., 105, 115-159 Garden Drive, File No. OPA 1617.46 and Z.1617.46

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

• Chris DiFonzo and Larry Green, Garden Drive Residents Association, opposed to the proposed amendments, indicating concerns regarding massive project scope in a residential neighbourhood, zoning, density, height and number of stories, green space, setbacks, number of commercial dwelling units, parking, setting a precedent, traffic, safety, impact to existing residents, lot coverage, pollution, noise, sightlines, shadows, and privacy; and filed a submission.
• Norman Achan, opposed to the proposed amendments, indicating concerns regarding the quiet residential area, density, service levels, business enterprise, and impact on changing the existing neighbourhood.
• Rodger Murray, on behalf of the Dinapoli family who are landowners to the west of the proposed  development, in support of the application.
• Bruce Hall, Planning Partnership, on behalf of the applicant, reviewed the planning applications as detailed in his presentation and the staff report; and filed a submission.

• Moved by Councillor Chisholm
  1. 1. That the public meeting report, prepared by the Planning Services Department dated March 30, 2021, be received.
     2. That comments from the public with respect to the Official Plan Amendment and Zoning By-law Amendment by 2603848 and 2603849 Ontario Ltd c/o Revera Inc., Garden Drive, File No. OPA 1617.46 and Z.1617.46, be received.
     3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  1. 1. 1. height and built form, privacy, and general urban design matters;
        2. car traffic, congestion, potential issues of stacking through intersections, including staff, employment, and user traffic in and out;
        3. pedestrian and cyclist safety;
        4. over-development; and
        5. concern regarding pollution potential.
  CARRIED

6.2

Public Meeting Report, Official Plan Amendment, Zoning By-law Amendment, 2507 Dundas Storage GP Corporation, 2507 Dundas Street West, File No. OPA.1330.01, Z.1330.01

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

• Councillor Knoll, on behalf of Michelle Knoll, Trafalgar Township Historical Society (TTHS), re:  concerns regarding placement of the existing historical heritage home on the property, and context in terms of scale and scope next to the proposed building, advising that they made suggestions to the developer regarding historical elements to the heritage home, and design conducive to the original Palermo Village.
• David McKay, MHBC Planning and Steve Creighton, Dymon Storage, on behalf of the applicant, reviewed the planning applications as detailed in their presentation and the staff report; and filed a submission.

• Moved by Councillor Parmar
  1. That the public meeting report, prepared by the Planning Services Department dated March 30, 2021, be received.
  2. That comments from the public with respect to the Official Plan Amendment and Zoning By-law Amendment by 2507 Dundas Storage GP Corporation, File No.: OPA.1330.01, Z.1330.01, be received.
  3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

  a) review parking requirements including the accessible parking spaces.

  CARRIED

7.

Discussion Item(s)

7.1

Recommendation Report - Draft Plan of Subdivision and Zoning By-law Amendment - Mattamy (Joshua Creek) Limited - Phase 4 - 1429 Dundas Street East , File No.: 24T-20006/1307 and Z.1307.06 By-law 2021-046

• Moved by Councillor Adams
  1. That Draft Plan of Subdivision application and Zoning By-law Amendment application (File Nos. 24T-20006/1307 and Z.1307.06), submitted by Mattamy (Joshua Creek) 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 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 March 30, 2021.
  2. That By-law 2021-046 an amendment to Zoning By-law 2009-189, be passed.
  3. That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Subdivision (24T-20006/1307) submitted by Mattamy (Joshua Creek) Limited, prepared by Korsiak Urban Planning, dated April 22, 2020, subject to the conditions contained in Appendices “A” and “B”.
  4. That once 24T-20006/1307 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, if required.
  5. That the Subdivision Agreement be executed in accordance with By-law 2013-057.
  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, 3064 Trafalgar Road Holdings Inc. (Distrikt), Zoning By-law Amendment Z.1313.09 – By-law 2021-032

• Moved by Councillor Knoll
  1. That the proposed Zoning By-law Amendment application submitted by 3064 Trafalgar Road Holdings Inc. (Distrikt) (File No. Z. 1313.09), be approved on the basis that the application is consistent with the Provincial Policy Statement, conforms with all applicable Provincial plans, the Region of Halton Official Plan, 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 April 12, 2021.
  2. That By-law 2021-032, an amendment to Zoning By-law 2009-189, be passed.
  3. That Staff be authorized to accept the conveyance of the Natural Heritage System block subject to an easement for the construction of a low impact development feature to be designed through the site plan process.
  4. That the notice of Council’s decision reflects that Council has fully considered all of the written and oral submissions relating to these matters and that those comments have been appropriately addressed.
  5. That, in accordance with Section 34(17) of the Planning Act, no further notice is determined to be necessary.
  6. That the site plan for the proposed development be designed in accordance with the urban design requirements in Appendix ‘A’ to this report from the Planning Services Department dated April 12, 2021.
  7. That the Section 37 Agreement, permitting the agreed upon exchange of height for appropriate community benefit, be brought to a future Planning and Development Council meeting prior to registration of the agreement on title of the subject lands.
  CARRIED

7.3

Update Report, Official Plan Amendment & Zoning By-law Amendment, Amico Properties

RECESS

The meeting recessed at 9:34 p.m. and reconvened at 9:45 p.m.

 

BEYOND THE HOUR

• Moved by Councillor Duddeck

  That this meeting proceed beyond the hour of 10:30 p.m.

  CARRIED
• Moved by Councillor Duddeck
  1. That the report entitled Update Report, Official Plan Amendment & Zoning By-law Amendment, Amico Properties Inc./Spruce Partners Inc., 152 Wilson Street, File No. OPA 1615.12 and Z.1615.12, be received.
  2. That comments from the public with respect to Official Plan Amendment & Zoning By-law Amendment, File No. OPA 1615.12 and Z.1615.12, be received.
  3. That staff be directed to prepare an Official Plan Amendment and Zoning By-law Amendment which permits the proposed retirement home including at-grade uses where associated with the retirement home, and as generally identified in the updated plans provided in the report from Planning Services dated March 30th, 2021.
  4. That staff bring back a report upon satisfactory resolution of the outstanding planning and design matters that are generally outlined in the Planning Services March 30th, 2021 report, and specifically addressing appropriate transition to the established neighbourhood to the east, and improved articulation of the westerly building façade.
  CARRIED

7.4

Provincial Consultation on Growing the Size of the Greenbelt

• Moved by Councillor Sandhu
  1. That the report titled Provincial Consultation on Growing the Size of the Greenbelt, dated April 6, 2021, be endorsed as the basis for a submission to the province through Environmental Registry Posting #019-3136 by the deadline of April 19, 2021.
  2. That the report titled Provincial Consultation on Growing the Size of the Greenbelt, dated April 6, 2021, be forwarded for information to Halton Region, the City of Burlington, the Town of Halton Hills, the Town of Milton, Credit Valley Conservation, Grand River Conservation Authority and Conservation Halton.
  3. That the natural area and open space lands in public ownership that are contiguous to the Fourteen Mile Creek Valley lands currently designated Urban River Valley under the Greenbelt Plan be considered for inclusion in the Urban River Valley designation, as shown in Figure 1 attached to the email from Councillor Elgar dated April 11, 2021.
  4. That the natural area and open space lands in public ownership that are contiguous to the Joshua Creek Valley lands, nominated for inclusion in the Urban River Valley designation under the Greenbelt Plan in the report titled Provincial Consultation on Growing the Size of the Greenbelt, dated April 6, 2021, also be considered for inclusion in the Urban River Valley designation.
  5. That the province consider broadening the Urban River Valley description in the Greenbelt Plan to include the Lake Ontario shoreline in recognition of the regional significance of the linkages and ecological contributions that these lands provide, and that the province consider renaming the Urban River Valley designation to “Urban Greenbelt Connections”.
  6. That the natural area and open space lands in public ownership along the Lake Ontario shoreline in the Town of Oakville be considered for inclusion in this broader designation called “Urban Greenbelt Connections” subject to further consultation with the Town of Oakville to determine that this Greenbelt Plan designation is appropriate in the context of the town’s long term strategies and plans for the waterfront.

  For (15)

  Mayor Burton, 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 Sandhu, and Councillor Robertson

  Carried Unanimously on a Recorded Vote (15 to 0)

7.5

Notice of amendment to By-law 2018-104 – Glassco House at 340 Spruce Street

• Moved by Councillor Chisholm

  That notice be issued under subsection 30.1(3) of the Ontario Heritage Act to the owners of 340 Spruce Street of the proposed amendments under subsection 30.1(2) of the Ontario Heritage Act to By-law 2018-104.

  CARRIED

7.6

Notice of amendment to By-law 1991-219 – 78 Allan Street

• Moved by Councillor Gittings

  That notice be issued under subsection 30.1(3) of the Ontario Heritage Act to the owners of 78 Allan Street of the proposed amendments under subsection 30.1(2) of the Ontario Heritage Act to By-law 1991-219.

  CARRIED

8.

Confidential Discussion Item(s)

8.1

170 North Service Road West– LPAT Appeal

• Moved by Councillor Duddeck

  That the recommendations of the Town’s External Legal Counsel in the Confidential  Opinion Letter dated April 1, 2021 attached as Appendix A to the Confidential Report be adopted.

  CARRIED

9.

Advisory Committee Minutes

9.1

Heritage Oakville Advisory Committee Minutes - March 23, 2021

• Moved by Councillor Duddeck

  That the following recommendation pertaining to Item 4.1 of the Heritage Oakville Advisory Committee minutes from its meeting on March 23, 2021, be approved and the remainder of the minutes be received:

  4.1     Heritage Permit Application HP006/21-42.20R 326 Reynolds Street – New house addition and new garage addition

  1. That Heritage Permit Application HP006/21-42.20R for the construction of a new house addition and new garage addition at 326 Reynolds Street, as attached in Appendix B to the report dated March 16, 2021 from Planning Services, be approved subject to the following: 
     1. That final details on new windows, cladding and doors 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

10.

Rise and Report to Council

The Mayor arose and reported that the Committee of the Whole has met and has made recommendations on Consent Items  4.1, 4.2, and 4.3, Confidential Consent Items 5.1 and 5.2, Public Hearing Items 6.1 and 6.2, Discussion Items 7.1, 7.2, 7.3, 7.4, 7.5, and 7.6, Confidential Discussion Item 8.1, and Advisory Committee Minutes Item 9.1, as noted by the Clerk.

• Moved by Councillor Grant
  Seconded by Councillor Parmar

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

  CARRIED

11.

New Business

Councillor Gittings acknowledged Archie McCallum who recently passed away for his contributions to the town and offered condolences to his family.  Mayor Burton joined in the sentiments and recognized Archie McCallum as a fountain of good will and interest in the town.

12.

Consideration and Reading of By-laws

12.1

By-law 2021-046

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 7, Concession 1, N.D.S (Mattamy (Joshua Creek) Limited – Phase 4) – Z.1307.06.  (Re: Item 7.1)

12.2

 By-law 2021-053

A by-law to repeal by-law 1991-074 'a by-law to designate 1086 Burnhamthorpe Road East as a property of historical and architectural significance'.

12.3

By-law 2021-058

A by-law merging Lots 1 and 2, Block 78, Registered Plan 1, by deeming the Lots not to be lots on a registered plan of subdivision in accordance with subsection 50(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended.  (Re: Item 4.2)

12.4

By-law 2021-064

A by-law to declare that certain land is not subject to part lot control (Part of Block 143, Plan 20M-888 – 2080 & 2082 Redstone Crescent).

12.5

By-law 2021-067

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

12.6

By-law 2021-032

A by-law to amend the North Oakville Zoning By-law 2009-189 to permit the use of the lands described as 3064 Trafalgar Road, Part of Lot 13, Concession 1, N.D.S (3064 Trafalgar Road Holdings Inc. (Distrikt), File No.: Z.1313.09).  (Re: Item 7.2)

12.7

By-law 2021-043

A by-law to repeal the 1984 Oakville Official Plan as it applies to the North Oakville West Secondary Plan Area (excluding the Hospital District and the lands excluded by deferral of Council on March 22, 2021) and amend the Livable Oakville Plan to incorporate new policies for that same area and an expanded Palermo Village growth area as modified by Council resolution on March 22, 2021.  (Re: Item 4.3)

• Moved by Councillor Knoll
  Seconded by Councillor Longo

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

  CARRIED

13.

Adjournment

The Mayor adjourned the meeting at 10:49 p.m.