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Planning and Development Council
May 13, 2019
What was decided (23 motions)
21 carried, 2 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 Lishchyna, seconded by Councillor Longo
Carried
That the partial assumption of Registered Plan 20M-1138 be approved. 2. That By-law 2019-017, a by-law to partially assume completed public works and streets within Plan 20M-1138 be passed. 3. That staff bring forward the required final assumption by-law for the street trees within this subdivision once the street tree warranty expires.
Moved by Councillor Knoll 1
Carried
That the Town accept the road widening described as Parts 3 and 8 on Plan 20R-20869 under the site plan application for 700 Third Line (SP. 1626.011/04). 2. That the Town require the owner of 700 Third Line to pay compensation in the amount of $80,000 as part of the site plan application to mitigate the impacts to the Town in accepting the contaminated road widening lands.
Moved by Councillor Knoll 1
Carried
That the Downtown Mitigation Strategy be expanded to include the use of town parking lots by adjacent businesses where feasible for mitigation purposes, including patios and other temporary occupancies. 2. That staff be authorized to enter into licensing agreements with respect to the use of town parking lots for purposes related to the Downtown Mitigation Strategy to the satisfaction of the CAO and Town Solicitor. 3. That the authorization of the filing of an application for minor variances for the proposed patios in Parking Lot 3 (224 Church Street) be ratified, and the Town Solicitor be authorized to file, or consent to the filing, of similar applications associated with the Downtown Mitigation Strategy.
Moved by Councillor Knoll 1
Carried
That the public meeting report prepared by the Planning Services department dated April 18, 2019, be received. 2. That comments from the public with respect to the proposed Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Common Element Condominium application for 320 - 350 Bronte Road (File No.’s: Z.1631.01, OPA 1631.01, 24T-19001/1631, 24CDM-19001/1631), be received. 3. T hat analysis of the following matters of interest to Council be included as part of the recommendation report: a) Is there a heritage designation on the daycare on the subject lands? b) Report back on the Parkway Belt designation on the westerly portion of the subject lands. c) The traffic study should consider ingress and egress, traffic circulation internal to the site, the amount of parking proposed, safety matters, and the appropriateness of the proposed condominium roads. d) How will height be determined, and how will the proposed heights of buildings be integrated with the surrounding community?
Moved by Councillor O’Meara 1
Carried
That the public meeting report prepared by the Planning Services Department dated April 18, 2019, be received. 2. That comments from the public with respect to the proposed Zoning By-law Amendment submitted by Acclaim Health and Community Care Services for 2250 Speers Road, (File No.: Z.1628.01), be received. 3. T hat analysis of the following matters of interest to Council be included as part of the recommendation report: a) Staff will undertake a peer review of noise studies as part of this review. In addition, staff will consider what local Noise By-law implication there may be. b) Staff will investigate how other jurisdictions have successfully implemented overnight respite care (City of Toronto). c) What Development Charges will be applied to this proposal? d) Staff are to consider the D-6 series Guidelines (MOE) as part of this review. e) Staff are to work to understand how best to characterize this use so as to properly assess it, and how to best determine the appropriate policy response. f) How do OPA 26 and 27 affect this proposal?
Moved by Councillor Robertson 1
Carried
That Zoning By-law Amendment application submitted by W.E. Oughtred and Associates Inc. for 47 Nelson Street (File No. Z.1728.65), as revised, 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 Livable Oakville 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 18, 2019; 2. That By-law 2019-029, an amendment to Zoning By-law 2014-014, be passed; 3. That the Director of Planning Services be authorized to grant draft plan approval to the Draft Plan of Subdivision (24T-18007/1728) submitted by W.E. Oughtred and Associates Inc., prepared by J.H. Gelbloom Surveying Ltd., dated January 21, 2019, subject to the conditions contained in Appendices A1 and A2 of the staff report prepared by Planning Services Department dated April 18, 2019; 4. That once 24T-18007/1728 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; 5. That the Subdivision Agreement be executed in accordance with By-law 2013-057; 6. That notice of Council’s decision reflects that Council has fully considered all the written and oral submissions relating to this matter and that those comments have been appropriately a
Moved by Councillor O’Meara 1
Carried
That this item no longer be considered given the application has been
Moved by Councillor Gittings
Withdrawn
That this meeting proceed beyond the hour of 10:00 p.m., but no later than 10:30 p.m.
Moved by Councillor Knoll
Carried
That Zoning By-law Amendment application submitted by Design Quorum Inc., (File No. Z.1715.23), as revised, 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 Livable Oakville 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 18, 2019; 2. That By-law 2019-053, an amendment to Zoning By-law 2014-014, be passed; 3. That notice of Council’s decision reflects that Council has fully considered all the written and oral submissions relating to this matter and that those comments have been appropriately addressed; 4. That, in accordance with Section 34(17) of the Planning Act , no further notice is determined to be necessary; and 5. That the site plan for the proposed development of the subject lands be designed in accordance with the urban design requirements in Appendix F of the report from the Planning Services department dated April 18, 2019.
Moved by Councillor Chisholm 1
Carried
That Zoning By-law Amendment application submitted by MHBC Planning (File No. Z.1513.29), as revised, 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 Livable Oakville Official 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 18, 2019; 2. That By-law 2019-020, an amendment to Zoning By-law 2014-014, be passed; 3. That notice of Council’s decision reflects that Council has fully considered all the written and oral submissions relating to this matter and that those comments have been appropriately addressed; and 4. That, in accordance with Section 34(17) of the Planning Act , no further notice is determined to be necessary.
Moved by Councillor Grant 1
Carried
That the Committee of Adjustment 2018 Annual Activity Report dated April 22, 2019 from the Building Services Department and Planning Services Department be received.
Moved by Councillor Duddeck
Carried
That the Committee of Adjustment Appeals Procedure G-GEN-007-004 be repealed and replaced with the Procedure as set out in Appendix D to the Report of the Legal Department, dated April 30, 2019.
Moved by Councillor Duddeck
Carried
That the existing Heritage Easement Agreement (HEA) for the conservation and relocation of the Caleb Smith House, currently located at 2460 Old Bronte Road, between the town and the owner be replaced, in keeping with the content of this report, to permit the owner to construct a new rear addition to the house; 2. That the new HEA be in form and content satisfactory to the Town Solicitor and the Director of Planning Services or their designate; 3. That the new HEA be executed in accordance with Executions By-law 2013-057 and be registered on title to the lands on which the Caleb Smith House is currently located and on title to the lands to which the Caleb Smith House is to be permanently located; and 4. That the Town Solicitor be authorized to discharge the current HEA from title on all lands on which it is registered, at the expense of the owner, and that the new HEA authorized by this report be executed and registered on title as per the above recommendations and that the Town Solicitor be authorized to discharge the new HEA from all lands on which it is registered, at the expense of the owner, once the Caleb Smith House has been designated pursuant to the provisions of the Ontario Heritage Act and the requirements in the new HEA have been fully satisfied to the satisfaction of the Director of Planning Services or their designate.
Moved by Councillor Elgar 1
Carried
That this item, “Discussion Paper - Integrated Growth Management Strategy (IGMS), Regional Official Plan Review” be
Moved by Councillor Chisholm
Deferred
That the report titled “Information Report - Modernizing Conservation Authorities and Focusing Conservation Authority Development Permits on the Protection of People and Property” dated May 6, 2019 be received. 2. That the report titled “Information Report - Modernizing Conservation Authorities and Focusing Conservation Authority Development Permits on the Protection of People and Property” dated May 6, 2019 be submitted to the Ministry of the Environment, Conservation and Parks by the deadline of May 20, 2019 and to the Ministry of Natural Resources and Forestry by the deadline of May 21, 2019. 3. That the report titled “Information Report - Modernizing Conservation Authorities and Focusing Conservation Authority Development Permits on the Protection of People and Property”, dated May 6, 2019 be forwarded to the Region of Halton, City of Burlington, Town of Halton Hills, the Town of Milton, Credit Valley Conservation, Grand River Conservation Authority, Conservation Halton, and Environmental Defence Canada for information. 4. That $25,000 be added to the budget of the Office of the Mayor and Council, from the Town’s reserve, to help assure we can work with Environmental Defence Canada to have a successful campaign to protect our environment from the Provincial changes.
Moved by Councillor Elgar 1
Carried
That the report titled “Information Report - 10th Year Review of the Ontario’s Endangered Species Act ”, dated May 6, 2019 be received. 2. That the report titled “Information Report - 10th Year Review of the Ontario’s Endangered Species Act ” dated May 6, 2019 be submitted to the Ministry of the Environment, Conservation and Parks by the deadline of May 18, 2019. 3. That the report titled “Information Report - 10th Year Review of the Ontario’s Endangered Species Act ”, dated May 6, 2019 be forwarded to the Region of Halton, City of Burlington, Town of Halton Hills, the Town of Milton, Credit Valley Conservation, Grand River Conservation Authority, Conservation Halton, and Environmental Defence Canada for information.
Moved by Councillor Longo 1
Carried
That the following recommendation pertaining to Item 6b of the Heritage Oakville Advisory Committee minutes from its meeting on April 23, 2019, be approved and the remainder of the minutes be received: 6b. Heritage Permit Application HP011/17-42.20F - 49 First Street - REVISED - Addition to Existing Residence - Report from Planning Services Department, April 8, 2019 1. That the Local Planning Appeal Tribunal (LPAT) be informed that the Town of Oakville has no objections to the revised Heritage Permit Application HP011/17-42.20F for a new addition and alterations to the existing residence as attached in Appendix B to the report dated April 8, 2019 from Planning Services, being approved subject to the following conditions: a. That final details on the paint colours, windows and siding materials are submitted to Director of Planning Services for the Town for final approval prior to construction; b. That the applicants work with Heritage staff to address the Union Street elevation regarding fenestration and landscaping; and c. That the approval of this heritage permit expire four years from the date of final approval by LPAT with an extension each year on the anniversary date of the date of final approval by LPAT for four additional years provided at the time of each extension there have been no changes that are in force and effect to: the First and Second Heritage Conservation District Plan; or the Ontario Heritage Act and associated regulations; or the Livable Oakville Plan or
Moved by Councillor Gittings
Carried
That this committee rise and report.
Moved by Councillor Sandhu
Carried
That the report and recommendations of the Committee of the Whole be approved.
Moved by Councillor Parmar, seconded by Councillor Knoll
Carried
That, in accordance with Section 2 (2) of the Procedure By-law, the rules of procedure established in Section 14.1 (1) and 14.1 (2) be waived to permit: a) a 'Notice of Motion' to be introduced at the Planning and Development Council meeting this evening; and b) to deal with the notice of motion this evening.
Moved by Councillor Elgar, seconded by Councillor Adams
Carried
WHEREAS the legislation that abolished the OMB and replaced it with LPAT received unanimous – all party support; WHEREAS all parties recognized that local governments should have the authority to uphold their provincially approved Official Plans; to uphold their community driven planning; WHEREAS Bill 108 will once again allow an unelected, unaccountable body to make decisions on how our communities evolve and grow; WHEREAS on August 21, 2018 Minister Clark once again signed the MOU with the Association of Municipalities of Ontario and entered into “...a legally binding agreement recognizing Ontario Municipalities as a mature, accountable order of government.”; WHEREAS this MOU is “enshrined in law as part of the Municipal Act ”. And recognizes that as “...public policy issues are complex and thus require coordinated responses...the Province endorses the principle of regular consultation between Ontario and municipalities in relation to matters of mutual interest”; WHEREAS by signing this agreement, the Province made “...a commitment to cooperating with its municipal governments in considering new legislation or regulations that will have a municipal impact”; WHEREAS Bill 108 will impact 15 different Acts - Cannabis Control Act, 2017, Conservation Authorities Act, Development Charges Act, Education Act, Endangered Species Act, 2007, Environmental Assessment Act, Environmental Protection Act, Labour Relations Act, 1995, Local Planning Appeal Tribunal Act, 2017, Municipal Act,
Moved by Councillor Knoll, seconded by Councillor Elgar
Carried Unanimously
That the following by-law(s) be passed: 2019-017 A by-law to partially assume Registered Plan 20M-1138. (Re: Item 1) 2019-020 A by-law to amend the Town of Oakville Zoning By-law 2014-014, as amended, to permit an additional use on lands described as 240 Leighland Avenue (RioCan, File No.: Z.1513.29). (Re: Item 8) 2019-029 A by-law to amend the Town of Oakville Zoning By-law 2014-014, as amended, to permit the use of lands described as 47 Nelson Street. (Re: Item 5) 2019-053 A by-law to amend the Town of Oakville Zoning By-law Zoning By-law 2014-014, as amended, to permit the use of lands described as Part of Lot 7, Block 68, Plan 1. (Re: Item 7) 2019-056 A by-law to confirm the proceedings of a meeting of Council.
Moved by Councillor Duddeck, seconded by Councillor Lishchyna