Planning and Development Council

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

That a Partial Release of Agreement H376822 and a Partial Release of Easement H376829 be executed in accordance with By-law 2013-057.

That a Subdivision Agreement between the Town and Upper Middle Road GP Inc. (Carterra) be finalized in accordance with the standard agreement format and as outlined in the report from the Development Engineering department, dated February 19, 2015; 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 Carterra be executed in accordance with By-law 2013-057; 4. That By-law 2015-013, a by-law to stop up and close for all purposes a portion of the North Service Road East, being Parts 1, 2, 3, 4, 5, & 6 on Plan 20R-19865, for reasons set out in the report, be passed; and 5. That the Legal department be authorized to register By-law 2015-013 in compliance with the Municipal Act 2001 .

That no position be taken with respect to the appeal on this matter, except to ensure that appropriate conditions are applied if the matter is granted; and 2. That the Town Solicitor be further instructed as set out in the February 25, 2015 confidential legal report.

That the Town Solicitor be instructed as set out in the confidential legal report dated February 11, 2015.

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Condominium (24CDM-14007/1617) submitted by David Faye & Associates Inc., prepared by J.D. Barnes Limited, dated December 2, 2014, subject to the conditions contained in Appendix D.

That By-law 2015-018, a by-law to make a number of housekeeping and technical corrections to Zoning By-law 2014-014, be passed, as revised in accordance with the memorandum dated March 9, 2015, from the Planning Services department.

That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Condominium (24CDM-14006/1430) submitted by Peppergate Developments Inc., prepared by Rady-Pentek & Edward Surveying Ltd., dated August 11, 2014, subject to the conditions contained in Appendix D.

That a Notice of Intention to Designate for the property at 573 Lakeshore Road West, known as ‘The Acacias’, be issued.

That the report titled First and Second Street Heritage Conservation District Update: Heritage Assessment Report, dated February 2015, be endorsed.

That the Economic Development 2014 Annual Report and related presentation be received.

That the staff report from the Economic Development department entitled Economic Development Strategy Progress Report , dated February 13, 2015, be received.

That the minutes of the Heritage Oakville Advisory Committee meeting of February 24, 2015, be received.

WHEREAS, the Livable Oakville Plan in section 28.1.1 states zoning by-laws may be more restrictive than the Official Plan, and that it is not intended that the full range of uses or densities permitted by the Official Plan will be permitted in all locations; WHEREAS, the Town’s new comprehensive Zoning By-law 2014-14, passed by Council on February 25, 2014, was deemed partially in force by an order of the Ontario Municipal Board dated February 23, 2015; WHEREAS, no appeal was filed of Zoning By-law 2014-14 with respect to the subject property; WHEREAS, the new by-law zoned the southerly portion of the property that is the subject of ZBA1430.30 as RM1, which has a height limit of 3 storeys and only permits townhouse dwellings; WHEREAS, subsection 24(4) of the Planning Act provides that where a by‑law is in force it is deemed to conform to the Official Plan; and WHEREAS, residents in the area, having made enquiries of the Town, purchased their homes with the clear understanding that the zoning on the subject property only permitted 3 storey townhouses; THEREFORE BE IT RESOLVED THAT: 1. The Town is opposed to the revised application that proposes a 4 storey apartment building on a property that is zoned for 3 storey townhouse dwellings; and 2. The Ontario Municipal Board be advised that the Town’s position is that the more restrictive and specific zoning provisions should prevail over the general policies of the Official Plan. .

That the Town Solicitor be instructed to intervene in the Divisional Court proceedings relating to the Ontario Municipal Board decision (PL110189) regarding the Richmond Hill parkland policies as set out in the report from the Legal Department, dated March 5, 2015.

That this meeting proceed past the hour of 10:00 p.m., but no later than 10:30 p.m.

That this Committee rise and report.

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

That consideration of this matter be

That the following by-law(s) be passed: 2015-013 A by-law to stop up and close for all purposes a portion of the North Service Road East, being Parts 1, 2, 3, 4, 5 and 6 on Plan 20R-19865. (Re: Item 2) 2015-018 A by-law to amend the Town of Oakville Zoning By-law 2014-014 to make a number of housekeeping and technical corrections (Town-initiated Housekeeping, File No.: 42.25.11), as revised. (Re: Item 4) 2015-022 A by-law to declare that certain land is not subject to part lot control – (Part of Block 1, Plan 20M-1103 – Pineberry Estates Inc.). 2015-033 A by-law to confirm the proceedings of a meeting of Council.