Planning and Development Council

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

That the Mayor and Clerk be authorized to execute a release of Site Plan Agreement HR852532.

That the assumption of Plan 20M-967 be approved and By-law 2010-168 be passed.

That the Mayor and Clerk be authorized to execute a partial release of subdivision agreement HR601712.

That the notice of intention to designate be issued under Section 29, Part IV of the Ontario Heritage Act , for the property at 1079 Linbrook Road.

That the Zoning By-law Amendment application (File No.: Z.1316.02) submitted by Timsin Holding Corp and Arrassa Investments Inc. as revised be approved and that By-law 2010-171 be passed; and 2. That the Director of Planning Services grant draft approval for Draft Plan of Subdivision (24T-05025-Phase 1) submitted by Timsin Holding Corp and Arrassa Investments Inc. prepared by Bousfields Inc. dated November 17, 2010 (Drawing No. 9544-6-79dp) subject to the conditions included in Appendix A of Staff Report PD-074-10.

That the property at 42 Park Avenue remain as a listed property on the Oakville Register of Properties of Cultural Heritage or Value.

That the property at 315 Maple Avenue remain on the Oakville Register of Properties of Cultural Heritage Value or Interest.

That the subject Heritage Planning staff report regarding the Notice of Intention to Demolish for 126 Chartwell Road dated November 16, 2010 be received.

That the barn proper and drive shed at 3164 Burnhamthorpe Road West remain on the Oakville Register of Properties of Cultural Heritage Value or Interest.

That By-law 2010-148, a by-law to designate the property on which the Bronte White Oak Tree is located as a property of historical, architectural and/or contextual significance, be passed.

That By-law 2010-173, a by-law to designate the Lambert-Smye Estate House and Grounds at 394 Lakeshore Road West as a property of historical, architectural and/or contextual significance, be passed.

That the following recommendations pertaining to Items 6a to 6e, of the Heritage Oakville Advisory Committee minutes from its meeting on November 23, 2010, be approved and the remainder of the minutes received: 6a. Heritage Permit Application HP42/10-42.20L 410 Lakeshore Road East - Window Well Grates 1. That Heritage Permit Application HP4210-42.20L for new window well grates at 410 Lakeshore Road East as attached in Appendix A to the report dated November 2, 2010 from Planning Services, be approved; 2. That any changes to the existing proposal which are considered by staff to be minor in nature be submitted to Planning Services (Heritage) for final approval; and 3. That this heritage permit expire two years from the date of final approval by Council. 6b. Heritage Permit Application HP39/10-42.20T 26 Thomas Street - Front yard landscaping 1. That Heritage Permit Application HP39/10-42.20T for front yard landscaping at 26 Thomas Street as attached in Appendix A to the report dated October 19, 2010 from Planning Services, be approved, subject to staff consulting with the Department of Roads and Works Operations regarding the approvals required for the easement and road allowance; 2. That any changes to the existing proposal which are considered by staff to be minor in nature be submitted to Planning Services (Heritage) for final approval; and 3. That this heritage permit expire two years from the date of final approval by Council. 6c. Heritage Permit Application HP38/10-42.20D

That Committee resolve into a closed meeting session for the purpose of receiving advise that is subject to litigation or potential litigation, including matters before administrative tribunals affecting the municipality relating to Item C-3.

That staff be authorized to proceed with the appeals to the Ontario Municipal Board in OMB File No. PL 100365 in accordance with the recommendations of the confidential report from the Legal Department dated November 24, 2010.

That staff be authorized to proceed with the settlement of appeals filed to the Ontario Municipal Board in OMB Case No. PL100549 (Fitzsimmons) and the related appeal to the Livable Oakville Plan (OMB Case No. PL100058) generally in accordance with the recommendations of the confidential report from the Legal Department dated December 8, 2010 as amended by the confidential memorandum from the Legal Department dated December 13, 2010, including the finalization of an agreement under Section 37 of the Planning Act.

That the confidential report from the Legal Department dated November 24, 2010 be received. 2. That staff be authorized to implement the settlement of the appeals to the Ontario Municipal Board in OMB File No. PL100365 and the related appeal to the Livable Oakville Plan (OMB File No. PL100058) generally in accordance with the recommendations of the confidential report from the Legal Department dated November 24, 2010 as modified by the report dated December 8, 2010.

That the Town not participate in the appeal by Richard and Carol Howitt before the Ontario Municipal Board regarding Committee of Adjustment Decision C.A.V. A/152/2010 (160 Burnet Street).

That staff be authorized to proceed in the appeals filed to the Ontario Municipal Board in OMB Case Nos. PL070682, PL090432, PL090433, PL100204, PL100214, and PL100718, in accordance with the recommendations and Option 1 described in the confidential report from the Legal Department dated November 15, 2010.

That staff be authorized to proceed in the appeals filed with the Ontario Municipal Board in OMB Case Nos. PL100394 and MM100027 in accordance with the recommendations and Option 1 described in the confidential report from the Legal Department dated November 16, 2010.

That legal staff be instructed to present to the Ontario Municipal Board the modifications to the Livable Oakville Plan with reference only to those modifications regarding drive-through facilities detailed in the confidential legal report dated November 26, 2010.

That legal staff be instructed to present to the Ontario Municipal Board the modifications to the Livable Oakville Plan excluding those modifications regarding drive-through facilities detailed in the confidential legal report dated November 26, 2010.

That this committee rise and report.

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

That the following by-laws be passed: 2010-148 A by-law to designate the property on which the Bronte White Oak Tree is located as a property of historical, architectural and/or contextual significance (Re: Item 10) 2010-150 A by-law to dedicate certain land as part of a public highway (Block 204, Plan 20M-873 - Pine Glen Road and Parts 1 and 2, Plan 20R-18323 - Postmaster Drive) 2010-162 A by-law to declare that certain land is not subject to part lot control - (Part of Blocks 1 and 2, Plan 20M-1050 – Pineberry Estates Inc.) 2010-166 A by-law to dedicate certain land as part of a public highway - (Block 31, Plan 20M-1070 - Fiddlers Way) 2010-167 A by-law to dedicate certain land as part of a public highway - (Part of Block 177, Plan 20M-846 - Kestell Boulevard; Block 188, Plan 20M-846 - North Ridge Trail; Part of Block 195, Plan 20M-846 - Prince Michael Drive) 2010-168 A by-law to assume Registered Plan 20M-967 (Re: Item 2) 2010-169 A by-law to dedicate certain land as part of a public highway (Part of Block 222, Plan 20M-873 - Postmaster Drive) 2010-171 A by-law to amend the Town of Oakville’s North Oakville Zoning By-law 2009-189, as amended, to permit the development of lands described as Part of Lot 16, Concession 1, NDS (Timsin Holding Corp. and Arrassa Investments Inc.) File No.: Z.1316.02 (Re: Item 5) 2010-173 A by-law to designate the Lambert-Smye Estate House and Grounds at 394 Lakeshore Road West as a property of historical, architectural and/or contextual signific