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Planning and Development Council
February 12, 2018
Declared interests
Councillor Lapworthin Item 9: Legal Context for Town Process and Decision on ClubLink’s Application for Demolition and Removal under section 34 of the Ontario Heritage Act – 1313 and 1333 Dorval Drive, Item 10: Application for Demolition and Removal under section 34 of the Ontario Heritage Act – 1313 and 1333 Dorval Drive, Oakville , and Item 13: Special Heritage Oakville Advisory Committee minutes of February 6, 2018, Items 4 a and b, as one of his income tax clients is an employee of Glen Abbey Golf Course
What was decided (27 motions)
26 carried, 1 recorded otherwise. Every motion below is printed as the minutes print it.
That this meeting proceed into a Committee of the Whole session.
Moved by Councillor Hutchins, seconded by Councillor O’Meara
Carried
That the assumption of Registered Plan 20M-997 be approved. 2. That By-law 2018-002 a by-law to assume public works and streets within Plan 20M-997, be approved.
That the assumption of Registered Plan 20M-1009 be approved. 2. That By-law 2018-007 a by-law to assume public works and streets within Plan 20M-1009, be approved.
That the assumption of Registered Plan 20M-1014 be approved. 2. That By-law 2018-008 a by-law to assume public works and streets within Plan 20M-1014, be approved.
That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/113/2017, 435 Sumner Avenue, attached as Appendix B to the report, be confirmed. 2. That the proposed Minutes of Settlement attached as Appendix D to the report be approved and the Town Solicitor or his designate be authorized to execute same on behalf of the Town. 3. That the Committee of Adjustment Application Fee be reimbursed to the new Owner/Applicant upon completion of the purchase of 435 Sumner Avenue for the Second Application to the Committee of Adjustment respecting the New Design and Reduced Variance Request as part of the proposed Minutes of Settlement after the Second Application is finally approved and the original Application CAV A/113/2017 is dismissed in its entirety.
That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/161/2017, 2450 Meadowood Crescent, be confirmed. 2. That the Minutes of Settlement for the Appeal attached as Appendix E to the report be approved and the Town Solicitor or his designate be authorized to execute those Minutes of Settlement on behalf of the Town.
That the report respecting the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/181/2017, 428 Samford Place, be received. 2. That the Proposed Minutes of Settlement for the Appeal attached as Appendix B to the report be approved and the Town Solicitor or his designate be authorized to execute those Minutes of Settlement on behalf of the Town. 3. That the Committee of Adjustment Application fees be reimbursed for the Second Application to The Committee of Adjustment respecting the Revised Design and Reduced Variance Request as part of the approved Minutes of Settlement.
That comments from the public with respect to the town-initiated proposed Official Plan Amendments to the North Oakville East Secondary Plan and the North Oakville West Secondary Plan (File No. 42.15.56) be received.
That the appeal to the Ontario Municipal Board of Committee of Adjustment Decision CAV A/198/2017, 305 Felan Avenue, be confirmed. 2. That the amendments to the application proposed by the applicant to Council on February 12, 2018 be approved. 3. That the OMB be requested to allow the appeal in part and approve the application as so amended. 4. That Minutes of Settlement to this affect be prepared and the Town Solicitor or his delegate be authorized to execute those Minutes of Settlement.
That, in accordance with Section 34(17) of the Planning Act , no further notice is determined to be necessary; 2. That the Zoning By-law Amendment application submitted by Halton Catholic District School Board (File No. Z.1618.24), be approved; 3. That By-law 2018-011 an amendment to Zoning By-law 2014-014, be passed; 4. That By-law 2018-014 (Deeming By-law) be passed to merge Lots 4, 5, 6, 7 and Block ‘A’ and B on Registered Plan 552 with Part of Lot 17, Concession 3 Trafalgar SDS, and part of Lots 8 and 9, Plan 190, as in 783271, save and except Parts 1, 2 and 3 on Plan 20R-18286 in accordance with subsection 50(4) of the Planning Act and staff be directed to register the by-law on title of the subject lands; and, 5. That the respective notices of Council’s decisions reflect that Council has fully considered all of the written and oral submissions relating to these matters and that those comments have been appropriately addressed.
That the proposed town-initiated zoning by-law amendment (File No. 42.25.18, Rooftop Terraces) be approved on the basis that it is consistent with the Provincial Policy Statement, conforms to all applicable Provincial Plans, 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 set out in the report from the Planning Services department dated January 22, 2018; 2. That By-law 2018-017, a by-law to amend Zoning By-law 2014-014 to make modifications to Rooftop Terrace Regulations affecting all Zones, be passed; and 3. That the notice of Council’s decision reflect that Council has fully considered all of the written and oral submissions relating to this matter and that those comments have been appropriately addressed.
That, in accordance with Section 1.2(2) of the Procedure By-law, the rules of procedure established in Section 4.2(2) be waived to permit the meeting to proceed beyond the hour of 10:30 p.m.
That a Notice of Intention to Designate be issued under Part IV, Section 29 of the Ontario Heritage Act for the property at 2467 Old Bronte Road.
Moved by Councillor Gittings
Carried
That the property at 2477 Old Bronte Road be removed from the Oakville Register of Properties of Cultural Heritage Value or Interest.
Moved by Councillor Gittings
Carried
That the Legal report “ Legal Context for Town Process and Decision on ClubLink’s Application for Demolition and Removal under section 34 of the Ontario Heritage Act – 1313 and 1333 Dorval Drive ”, dated January 29, 2018, be received. 2. That Town Council confirms: a) its decision on this application is subject to court order and pending court proceedings, and, further, under the court order, any appeal to the Ontario Municipal Board from the Town’s decision will not proceed until after the final determination of the court proceedings, and only if the property owner is successful at court. b) Town Council’s consideration of and response to this application under section 34 of the Ontario Heritage Act concerns its heritage and planning merits, and are without prejudice to the Town’s position that the application is not a valid section 34 application, as described in pending court proceedings, scheduled to be heard by the court in July 2018.
Moved by Councillor Elgar 1
Carried Unanimously
That the application seeking consent under section 34 of the Ontario Heritage Act to the demolition/removal of the existing golf course at 1313 and 1333 Dorval Drive in its entirety, other than the RayDor Estate house and the main stable building and two adjacent sheds, be refused based on Town review of its heritage and planning merits.
Moved by Mayor Burton
Carried Unanimously
That the minutes of the Livable Oakville (Official Plan Review) Council Sub-committee meeting of January 15, 2018, be received.
Moved by Councillor Hutchins
Carried
That Heritage Permit Application HP061/17-42.20T for the construction of a new 1-storey addition, and a small rear yard deck at 21 Thomas Street, as presented by the applicant at the Planning and Development Council meeting of February 12, 2018, be
Moved by Councillor Duddeck 1
Referred
That Heritage Permit Application HP002/18-42.20R for the construction of a new accessory garage structure, as attached in Appendix B to the report dated January 10, 2018 from Planning Services, be approved; and 2. That this heritage permit expire two years from the date of final approval by Council.
Moved by Councillor Gittings 1
Carried
That Heritage Permit Application HP001/18-42.20T for the construction of a new accessory structure, as attached in Appendix B to the report dated January 10, 2018 from Planning Services, be approved. 2. That this Heritage Permit expire two years from the date of final approval by Council.
Moved by Councillor Gittings 1
Carried
That the remainder of the January 23, 2018 Heritage Oakville Advisory Committee meeting minutes be received.
Moved by Councillor Duddeck
Carried
That the minutes of the Special Heritage Oakville Advisory Committee meeting of February 6, 2018, be received.
Moved by Councillor Lishchyna
Carried
That this committee rise and report.
Moved by Councillor Knoll
Carried
That the report and recommendations of the Committee of the Whole be approved.
Moved by Councillor Chisholm, seconded by Councillor Robinson
Carried
That the following by-law(s) be passed: 2018-002 A by-law to assume Registered Plan 20M-997 (Re: Item 1) 2018-007 A by-law to assume Registered Plan 20M-1009 (Re: Item 2) 2018-008 A by-law to assume Registered Plan 20M-1014 (Re: Item 3) 2018-011 A by-law to amend the Town of Oakville Zoning By-law 2014-014 to permit the use of lands described as Lots 4, 5, 6, & 7, Blocks A & B, Registered Plan 552 (Halton Catholic District School Board, File No.: Z.1618.24) (Re: Item 5) 2018-014 A by-law merging Lots 4, 5, 6, 7 and Block ‘A’ and B on Registered Plan 552 with Part of Lot 17, Concession 3 Trafalgar SDS, and part of Lots 8 and 9, Plan 190, as in 783271, save and except Parts 1, 2 and 3 on Plan 20R-18286, by deeming the Lots and Blocks not to be lots and blocks 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 5) 2018-017 A by-law to amend Town of Oakville Zoning By-law 2014-014 to make modifications to Rooftop Terraces Regulations affecting all Zones. (Town-initiated Zoning By-law Amendment, File No. 42.25.18) (Re: Item 6) 2018-024 A by-law to confirm the proceedings of a meeting of Council.
Moved by Councillor O’Meara, seconded by Councillor Hutchins