SEVENTEENTH Meeting - Regular Session

 

The Town of Oakville Council met in regular session to consider planning matters on this 6th day of July, 2020 in the Council Chamber of the Oakville Municipal Building,
1225 Trafalgar Road, commencing at 6:30 p.m.

 

Present (in person):  Mayor - Rob Burton

 

Present (via Videoconference):

                  Councillors         -     Tom Adams

                                                -     Ray Chisholm

                                                -     Cathy Duddeck

                                                -     Allan Elgar

                                                -     Dave Gittings

                                                -     Marc Grant

                                                -     Janet Haslett-Theall

                                                -     Jeff Knoll (Joined at 6:45 p.m.)

                                                -     Natalia Lishchyna

                                                -     Peter Longo

                                                -     Sean O’Meara

                                                -     Pavan Parmar

                                                -     Beth Robertson

                                                -     Jasvinder Sandhu (Left at 8:15 p.m.)

 

Staff (in person):                  -     J. Clohecy, Acting Chief Administrative Officer

-       J. Barry, Acting Commissioner of Community Development

-       M. Simeoni, Director of Planning Services

-          J. Stephen, Director of Engineering and Construction

-     V. Tytaneck, Town Clerk

-     G. Charles, Senior Manager of Current Planning and Urban Design

-     H. Hecht, Manager of Current Planning - East District

-     C. McConnell, Manager of Current Planning - West District

-     S. Inchasi, Manager of Design and Construction

-     L. Musson, Senior Planner, Current Planning – East District

-     K. Patrick, Acting Town Clerk

-     J. Marcovecchio, Council and Committee Coordinator

 

Staff (via Videoconference):

-       D. Carr, Town Solicitor

-          D. Perlin, Assistant Town Solicitor

-          R. Maynard, Assistant Town Solicitor

-     P. Barrette, Senior Planner, Current Planning – West District

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

-     A. Yousfani, Transportation Engineer

 

This meeting was held in compliance with the electronic participation provisions of the Municipal Emergency Act, 2020 and the Town of Oakville Procedure By-law 2020-011, as amended.

 

 

Declarations of Pecuniary Interest

 

Councillor Knoll declared a pecuniary interest with respect to Item 3 – Recommendation Report, Zoning By-law Amendment, Oakville Developments (2010) Inc., 550 Kerr Street, File No. Z.1616.55, as he is the CEO of Film.Ca Cinemas which is the tenant next door to the subject property at 171 Speers Road, and the decision made could have a direct impact on his business.

 

 

Committee of the Whole

 

Moved by Councillor Duddeck          Seconded by Councillor Haslett-Theall

 

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

 

                                                                                                               CARRIED

 

 

AGENDA ITEM(S)

 

1.

By-law 2020-071 - A by-law to dedicate certain land as part of a public highway - (Part 2, Plan 20R-21374 - Owlsnest Way, Part 3, Plan 20R-21374 - Saw Whet Boulevard, Part 4, Plan
20R-21374 - Edward Leaver Trail, Part 5, Plan 20R-21374 - Charles Cornwall Avenue)

 

 

-           Report from Legal Department, June 24, 2020

 

 

Moved by Councillor Longo

 

That By-law 2020-071 - A by-law to dedicate certain land as part of a public highway (Part 2, Plan 20R-21374 – Owlsnest Way, Part 3, Plan 20R-21374 – Saw Whet Boulevard, Part 4, Plan 20R-21374 – Edward Leaver Trail, Part 5, Plan 20R-21374 – Charles Cornwall Avenue) be passed.

 

                                                                                                               CARRIED

 

 

 

 

 

 

 

2.

Public Meeting Report - Official Plan Amendment and Zoning By-law Amendment, FCHT Holdings (Ontario) Corporation - 271 Cornwall Road and 485 Trafalgar Road, File No.: Z.1612.14, OPA 1612.14

 

 

-           Report from Planning Services Department,
June 24, 2020

 

 

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

-     Jayne Huddleston, Trafalgar Chartwell Residents Association (TCRA), opposed to the application, indicating concerns regarding safe access and exit to and from the site, proposal and building design is inconsistent with the surrounding neighbourhood, traffic and pedestrian safety issues at the intersection, left turn lane from Cornwall Road onto Reynolds Street, resident access to condos and public access to commercial spaces, right turn exit offsite onto Trafalgar Road northbound, getting residents across Trafalgar Road to the GO station, building height, residential parking and surface parking for existing plaza, green space in a residential community, gateway intersection to historical Oakville and downtown, and future plans to rebuild the rest of the plaza; asking that the applicant share design drawings with the community should the project be approved; and filed a submission.

 

-     Glenn Wellings, Wellings Planning Consultants, on behalf of the applicant, provided a planning overview, highlighting the subject lands within the context of the provincial growth plan and regional plan, indicating that the Midtown urban growth centre is expected to provide the highest level of intensification within the Town of Oakville under the Livable Oakville Plan for this area; reviewing the merits of the application and the impact of development to the area; responding to the reliance on automobiles and the possibility of ridesharing, parking and traffic concerns, size, scale, and compatibility of the development proposal, and consultation with the Trafalgar Chartwell Residents Association (TCRA); advising that traffic has been reviewed by the region and town; and further advising that in terms of the future vision for the site, many of the tenants are on long term leases and have no desire to extend development further east at this time.

 

-     Ralph Giannone, Giannone Petricone Architects, on behalf of the applicant, provided details on the design, existing site conditions, and feedback on the public information meeting with respect to the master plan and renderings; and filed a submission.

 

 

 

 

 

-     Markus Herten, re: the development application presents a long waited housing option, indicating concerns with congestion, pedestrian and cyclist safety, and parking; asking that active transportation infrastructure be improved, and advising that there are barriers for people walking or biking to points north and south of Midtown, and development will have a big impact on local residents as there is only one way to go north; and filed a submission.

 

-     Rosa Bustamante, on behalf of her husband and herself, generally in support of the project, noting that it has the potential to be a positive addition to the neighbourhood, indicating parking and traffic concerns; asking that the north-south connections be looked at, and the Eighth Line/Chartwell extension be considered, as well as active transportation planning, and green space amenities; engage with the resident’s association, people who live in the area, and town staff on creative solutions to traffic and parking concerns.

 

The following communication(s) were distributed at the meeting:

-     (June 18, 2020) from Duncan Galloway

-     (June 29, 2020) from Jayne Huddleston, Trafalgar Chartwell Residents Association

-     (June 29, 2020) from Michelle Gruszecki, Trans-Northern

-     (July 1, 2020) from Andrea Stewart

-     (July 3, 2020) Rick Ruse

 

Moved by Councillor Gittings

 

1.

That the public meeting report, prepared by the Planning Services Department dated June 24, 2020, be received.

 

2.

That comments from the public with respect to the proposed Official Plan Amendment, and Zoning By-law Amendment applications submitted by FCHT Holdings (Ontario) Corporation (File No.’s: Z.1612.14 and OPA.1612.14), be received.

 

3.

That analysis of the following matters of interest to Council be included as part of the recommendation report:

 

 

a)    Provide a full analysis as to how the 4 to 10 storey height has been arrived at in the existing Official Plan.

b)    Consider the potential of a severance of the subject lands and issues that may result, such as, but not limited to access, servicing, density, and parking management.

c)    Consider any potential provincial changes with respect to development around major transportation areas, and how this may impact this proposal.

 

d)    Provide additional information regarding bike and pedestrian traffic to and from the subject lands.

e)    Provide information on heights of existing and permitted buildings within the area in the context of transition.

f)     Ensure that traffic volumes are considered with respect to the proposal, specifically existing volumes and projected volumes.

g)    Provide information as to why there are currently no left turns allowed in the area to the site from the Reynolds Street/Cornwall Road intersection.

h)   Provide information as to why a Holding Zone is not being considered with respect to this application, whereas other applications in this area are subject to Holding Zone provisions.

i)     Provide an understanding of what the full build out potential for the entire site is.

j)      What egress opportunities exist for the subject lands other than the ones proposed as it impacts the movement of traffic in the area.

k)    Provide a full parking analysis for the whole site.

l)     Ensure that the recommendation report provides an understanding of the Metrolinx commitment to extend their platform east of Trafalgar and connections to the subject lands.

m)  Consider impacts of Bill 108 on this proposal.

n)   The urban design issues should consider the Community Energy Plan among other matters.

o)    Provide a greater understanding of how green space and other amenities will be provided within this proposal.

p)    Provide a comprehensive plan for the Cornwall District and how the proposal fits in.

q)    Look into the potential of a long term development agreement for all the land.

 

                                                                                                               CARRIED

 

 

3.

Recommendation Report, Zoning By-law Amendment, Oakville Developments (2010) Inc., 550 Kerr Street, File No. Z.1616.55

 

 

-           Report from Planning Services Department,
June 24, 2020

 

 

The following communication(s) were distributed at the meeting:

-     (June 22, 2020) from Ted Haugen, West River Residents Association

-     (June 30, 2020) from Cheung-Toa (Lawrence) Tsang

-     (June 30, 2020) from Michelle Gruszecki, Trans-Northern

-     (June 30, 2020) from Paul Jemison

-     (July 2, 2020) from Ian Mathany, Mathany & Higgs Law

-     (July 2, 2020) from Piper Morley, Borden Ladner Gervais LLP (updates to BLG’s November 1, 2019 letter)

-     (July 3, 2020) from Brad White

-     (July 5, 2020) from Patricia A. Foran, Aird & Berlis LLP

 

Moved by Councillor Duddeck

 

1.

That the proposed Zoning By-law Amendment application, as submitted by Oakville Developments (2010) Inc. (File No. Z.1616.55), be refused for the reasons outlined in the report from the Planning Services department dated June 24th, 2020.

 

2.

That, in accordance with Section 34(17) of the Planning Act, no further notice is determined to be necessary.

 

3.

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.

 

                                                                                                               CARRIED

                                                                                (Councillor Knoll having declared a pecuniary
                                                                                           interest on this item, did not vote.)

 

 

4.

Recommendation Report, Site Plan Application, 515476 Ontario Limited, 2300 Speers Road, File No. SP.1629.002/04

 

 

-           Report from Planning Services Department,
June 30, 2020

 

 

Moved by Councillor Robertson

 

1.

That, the A/CAO be authorized to sign the site plan agreement, pursuant to the Signing By-Law 2013-057; and,

 

2.

That, the Director of Planning be authorized to grant final site plan approval of the site plan application for 2300 Speers Road submitted by 515476 Ontario Limited (File No. SP. 1629.002/04) once the site plans have been finalized, site plan agreement has been signed by the A/CAO, and the site plan agreement registered on title, in priority, for the reasons outlined in the report from the Planning Services department dated June 30th, 2020.

 

                                                                                                               CARRIED

 

 

 

 

 

 

 

 

5.

Supplementary Report: Recommendation Report - Official Plan Amendment and Zoning By-law Amendment, Empress Capital Group, North Service Road West, File No. OPA 1517.18, ZBA 1517.18, 170 North Service Road West, By-law 2020-072 and By-law 2020-073

 

 

-           Report from Planning Services Department,
June 30, 2020

-           Additional Information from Planning Services Department, July 6, 2020  (Distributed at meeting.)

 

 

Moved by Councillor O’Meara

 

1.

That the Official Plan Amendment and Zoning By-law Amendment applications submitted by API Development Consultants Inc., on behalf of Empress Capital Group Inc. (File No. OPA 1517.18, Z.1517.18), be approved as modified, on the basis that the Official Plan Amendment and Zoning By-law Amendment are consistent with the Provincial Policy Statement, conforms with all applicable provincial plans, the Halton Region Official Plan, the Livable Oakville Plan, has regard for matters of Provincial interest, and represents good planning;

 

2.

That By-law 2020-072, an amendment to the Livable Oakville Plan, OPA 30, be passed;

 

3.

That By-law 2020-073, an amendment to Zoning By-law 2014-014, be passed;

 

4.

That notice of Council’s decision reflects that the comments from the public were fully considered by Council and have been appropriately addressed;

 

5.

That, in accordance with Section 34(17) of the Planning Act, no further notice is determined to be necessary; and,

 

6.

That the site plan for the proposed development be designed in accordance with the urban design requirements in Appendix E.

 

                           LOST on a recorded vote,
Council voting as follows:

 

 

 

 

 

 

 

 

Recorded Vote

 

Yeas                                     Nays

Councillor O'Meara         Councillor Duddeck

Councillor Robertson     Councillor Chisholm

Mayor Burton                   Councillor Gittings

Councillor Adams           Councillor Haslett-Theall

Councillor Lishchyna     Councillor Elgar

                                            Councillor Longo

                                            Councillor Knoll

                                            Councillor Grant

                                            Councillor Parmar

 

 

6.

Heritage Grant Program 2020 - Recommendations

 

 

-           Report from Planning Services Department,
June 24, 2020

 

 

Moved by Councillor Duddeck

 

1.

That the 2020 funding allotment as attached in ‘Appendix A - Recommended Grant Projects and Maximum Approved Amounts’ to the report titled Heritage Grant Program 2020 dated June 24, 2020, be approved.

 

2.

That any leftover funds from unclaimed grants that have expired be rolled into the next available Heritage Grant Program year.

 

 

3.

That Council approve a transfer of $53,790 from the unexpended Heritage Grant funding in 2017-2019 from the Tax Stabilization reserve to the Heritage Conservation reserve.

 

                                                                                                               CARRIED

 

C-1.

Municipal Access Agreements

 

 

-           Confidential Report from Legal Department,
June 24, 2020

 

 

Moved by Councillor Elgar

1.

That the staff report dated June 24, 2020 respecting the status of the current negotiations between the Town and Bell and Cogeco for new Municipal Access Agreements for their telecommunications equipment within Town Road Allowances and on Town Poles be received.

 

 

2.

That Town Staff be authorized to apply to the Canadian Radio –Television and Telecommunications Commission (CRTC) to settle the new Municipal Access Agreements with Bell and/or Cogeco should the proposed Agreements not be finalized by the end of August, 2020.

 

                                                                                                               CARRIED

 

 

7.

Special Heritage Oakville Advisory Committee (June 23, 2020)

 

 

Moved by Councillor Gittings

 

That the following recommendation pertaining to Item 3a of the Special Heritage Oakville Advisory Committee minutes from its meeting on June 23, 2020, be approved and the remainder of the minutes be received:

 

 

3a.

Heritage Permit Application HP013/20-42.20R 214 Reynolds Street - New Front Porch

 

 

-           Report from Planning Services Department,
June 10, 2020

 

 

1.

That Heritage Permit Application HP013/20-42.20R for a new front porch for the non-historic residence at 214 Reynolds Street, as attached in Appendix B to the report dated June 10, 2020, from Planning Services be approved; and,

 

2.

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

 

                                                                                                               CARRIED

 

 

RISE AND REPORT TO COUNCIL

 

Moved by Councillor Lishchyna

 

That this committee rise and report.

 

 

The Mayor arose and reported that the Committee of the Whole has met and has made recommendations on Consent Item 1, Public Hearing Item 2, Discussion Items 3, 4, 5, and 6, Confidential Discussion Item C-1, and Advisory Committee Minutes Item 7, as noted by the Clerk.

 

 

 

 

Moved by Councillor Knoll                      Seconded by Councillor Grant

 

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

 

                                                                                                               CARRIED

 

 

CONSIDERATION AND READING OF BY-LAWS

 

Moved by Councillor Robertson        Seconded by Councillor Parmar

 

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

 

2020-071

A by-law to dedicate certain land as part of a public highway - (Part 2, Plan 20R-21374 - Owlsnest Way, Part 3, Plan
20R-21374 - Saw Whet Boulevard, Part 4, Plan 20R-21374 - Edward Leaver Trail, Part 5, Plan 20R-21374 - Charles Cornwall Avenue).  (Re: Item 1)

 

 

2020-080

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

 

 

                                                                                                               CARRIED

 

 

ADJOURNMENT

 

The Mayor adjourned the meeting 10:16 p.m.

 

 

 

                                                                                    ________________________________

                                                                                                        KATHY PATRICK

                                                                                                   ACTING TOWN CLERK