Statutory Public Meeting - Proposed Zoning By-law Amendment Town-initiated, Wards 6 and 7 File: 42.26.01

Thu, 07 Oct 2021

Statutory Public Meeting Proposed Zoning By-law Amendment Town-initiated
Wards 6 and 7 File: 42.26.01
Monday, November 1, 2021, at 6:30 p.m.
Videoconference broadcast from the Council Chamber Town Hall, 1225 Trafalgar Road
Town of Oakville YouTube

You are invited to attend and provide input at this videoconferencing meeting hosted by Planning and Development Council.

Due to the COVID-19 emergency, attendance at Town Hall is restricted and public meetings are being held by videoconference only. Instructions on how to view the meeting or participate by written submission, videoconference or telephone are provided below.

The Planning Services department will be presenting a recommendation report with respect to this development proposal at this meeting.

The purpose of this proposed omnibus amendment to Town of Oakville Zoning By-law 2009-189, as amended, is to make a number of housekeeping, technical and other modifications affecting all Zones, which would assist in the use and interpretation of the Zoning Bylaw and implement the Official Plan.

The effect of the omnibus amendment to Zoning Bylaw 2009-189 would be as follows:

Section 1, Administration, would be modified by:

• modifying s. 1.6, to assist with the issuance of Certificates of Occupancy
• adding a new s. 1.11 Interpretation of Words, to assist with the interpretation and implementation of by-law
• adding a new s.12 Construction Tolerance, to assist with minor construction errors or slight measurement discrepancies

Section 2, Establishment of Zones, would be amended by:

• modifying Table 2.1.1, to rename “Existing Development” zone and replace it with “Future Development” zone to reflect the intention of the zone for future development
• modify s. 2.3.2 Split Zoning, to provide additional clarity and assist with interpretation and implementation of the by-law

Section 3, Definitions, would be amended by:

• modifying the definitions of “day care”, “established grade”, “floor area”, “floor area, leasable”, “lot coverage”, “service commercial”, “service station”, “private-home day care”, “stacking lane”, and “structure”

Section 4, General Provisions, would be amended by:

• modifying Section 4.2, by renaming “Existing Development (ED)” zone and replacing it with “Future Development (FD)” zone to reflect the intention of the zone for future development
• modifying Section 4.3.2, by replacing deleting “ED” from the heading and replacing it with “FD” and “Existing Development (ED)” and replacing it with “Future Development (FD)” to reflect the intention of the zone for future development
• modifying Section 4.28.2 by deleting it in its entirety to clarify and align the by-law with the South Oakville Zoning By-law 2014-014
• modifying Section 4.29 by inserting “For the purpose of this section, floor area shall include all area within the basement” to assist with the interpretation and implementation of Zoning By-law 2009-189
• adding a Section 4.33, Rooftop Mechanical Equipment to clarify location of all outside rooftop mechanical equipment and to align the by-law with the South Oakville Zoning By-law 2014-014
• adding a Section 4.34, Restoration or Repair of Unsafe Buildings to allow for the restoration or repair of unsafe buildings or structures and to clarify and align the by-law with the South Oakville Zoning By-law 2014-014
• adding a Section 4.35, Reconstruction of an Existing Building or Structure to allow for the reconstruction of an existing building or structure and to clarify and align the by-law with the South Oakville Zoning Bylaw 2014-014

Section 5, Parking and Loading Regulations, would be amended by:

• adding a new subsection 5.1.7 Hardscape Surface Treatment to add performance standard for adequate materials to be used and to align the by-law with the South Oakville Zoning By-law 2014-014
• modifying Section 5.2, Accessible Parking by inserting “5.2.1 Number of Accessible Parking Spaces Required” before “Accessible parking spaces are required for non-residential uses in accordance with the following table:” to assist with organization of the Section to allow for updated accessible parking standards and to assist with the interpretation and implementation of Zoning By-law 2009-189
• adding a new subsection 5.2.2 Dimensions and Paths of Travel to bring accessible parking dimensions and standards in line with Accessibility Ontario Disabilities Act (AODA) standards and to align the by-law with the South Oakville Zoning By-law 2014-014
• modifying subsection 5.4.1.3, size of required parking spaces in a parking garage or parking lot and minimum aisle widths by deleting the previous accessible parking space standards to bring accessible parking dimensions and standards in line with Accessibility Ontario Disabilities Act (AODA) standards and to align the by-law with the South Oakville Zoning By-law 2014-014

Section 6, Permitted Uses, would be amended by:

• modifying Table 6.1, Permitted Use Table by deleting the use “Single detached dwelling with 3 or less lodgers” and replacing it will “3 or less lodgers in a single detached dwelling where that building type is permitted” to assist with the interpretation and implementation of Zoning By-law 2009-189

Section 7, Zoning Regulations, would be amended by:

• modifying Section 7.6.2, Building Types Permitted and Related Standards, by clarifying the footnote regarding the height of one-storey additions that can reduce the rear yard setback to assist with the interpretation and implementation of Zoning By-law 2009-189 and to ensure that the addition takes on a single storey built form
• modifying Section 7.7.2, Building Types Permitted and Related Standards, by clarifying the footnote regarding the height of one-storey additions that can reduce the rear yard setback to assist with the interpretation and implementation of Zoning By-law 2009-189 and to ensure that the addition takes on a single storey built form
• modifying Section 7.12.2, Building Standards, by deleting the minimum and maximum floor space index (FSI) rows in its entirety to allow flexibility for institutional buildings such as schools, community centres and public parks
• Modifying Section 7.13, Existing Development (ED) Zone Regulations by deleting “Existing Development (ED)” from the heading and replacing it with “Future Development (FD)” to reflect the intention of the zone for future development

Section 8, Special Provisions, would be amended by:

• replacing all references to “ED” with “FD” to reflect the intention of the zone for future development
• replacing all references to “Existing Development” with “Future Development” to reflect the intention of the zone for future development
• modifying Subsection 8.30.7 a), Parking Regulations by deleting “net” and replacing it with “leasable” to clarify the correct parking calculation
• modifying Subsection 8.31.4 a), Parking Regulations by deleting “net” and replacing it with “leasable” to clarify the correct parking calculation
• modifying Subsection 8.51.3 d), Zone Regulations for Mixed Use Buildings on Block 1 Lands, by deleting “public road” and replacing it with “public street” to assist with the interpretation and implementation of Zoning By-law 2009-189
• modifying Subsection 8.53.5 e) and f), Zone Regulations for Mixed Use Buildings on Block 1 Lands, by deleting “setback” and replacing it with “set back” to assist with the interpretation and implementation of Zoning By-law 2009-189
• modifying Subsection 8.84.2 h) Martillac Estates Inc., is amended by deleting “be” to assist with the interpretation and implementation of Zoning By-law 2009-189

Section 9, Holding Provisions, would be amended by:

• modifying Section 9.3.2 by re-introducing the holding provision which was incorrectly removed from the by-law to assist with the interpretation and implementation of Zoning By-law 2009-189
• replacing all references to “ED” with “FD” to reflect the intention of the zone for future development
• replacing all references to “Existing Development” with “Future Development” to reflect the intention of the zone for future development

Section 11, Temporary Use Permissions, would be amended by:

• replacing all references to “ED” with “FD” to reflect the intention of the zone for future development
• replacing all references to “Existing Development” with “Future Development” to reflect the intention of the zone for future development

Section 12, Zoning Maps, would be amended by:

• replacing all references to “ED” parent zones within maps 12(1) to 12(6) with references to “FD” parent zones as depicted on Schedule ‘A’ to this Bylaw to reflect the intention of the zone for future development
• further amending Map 12(5) by rezoning the lands municipally known as 3064 Trafalgar Road from Trafalgar Urban Core (TUC sp:49) to Trafalgar Urban Core (H49 TUC sp:95) to reflect the intention of Bylaw 2021-032

Zoning By-law 2009-189, as amended, applies to all lands north of Dundas Street and south of Highway 407. All lands subject to Zoning By-law 2009-189, as amended, are affected by the proposed amendments to the text of the By-law. A number of individual sites are also affected by the proposed amendment through amended or additional site-specific regulations.

The proposed by-law amendment applies to all lands subject to Zoning By-law 2009-189, as amended, which is indicated in the key map below.

Further site-specific amendment is proposed for 3064 Trafalgar Road which is identified in the additional key map below. If a person or public body would otherwise have an ability to appeal the decision of the Town of Oakville to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to Council c/o the Town Clerk at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 (Dropbox is located in front of Town Hall) or at TownClerk@ oakville.ca before the by-law is passed, the person or public body is not entitled to appeal the decision.

If a person or public body does not make oral submissions at a public meeting, or make written submissions to Council c/o the Town Clerk at the Town of Oakville, Clerk’s department, before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.

If you wish to be notified of the decision of the Town of Oakville on this matter, you must make a written request to the Town Clerk at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 or at townclerk@oakville.ca.

This meeting will be live streamed on YouTube.

Any submission to the Planning and Development Council, either in hard copy or in electronic format, must be forwarded to the Clerk’s department for receipt no later than noon on Monday, November 1, 2021, to ensure its availability to the Members of Council at the meeting. Individuals wishing to make an oral submission at the public meeting are strongly encouraged to contact the Clerk’s Department by noon on [enter the last business day before the day of the meeting] by email to: townclerk@oakville.ca or call 905-815-6015 to register as a delegation and to obtain instructions on how to participate. Requests to participate electronically will also be received during the meeting to ensure that those watching the live stream will be given the opportunity to speak. Instructions will be given on how to speak to an item during the live stream of the meeting.

All submissions should include the full name and address of the presenter.

For more information on preserving your appeal rights, you may view the information on the Town’s website on our Making Submissions and Preserving Appeal Rights page, or contact Catherine Buckerfield, Planner, Planning Services department at 905-845-6601, ext. 2084 or at catherine.buckerfield@oakville.ca.

If you have any accessibility needs, please advise Catherine Buckerfield one week before the meeting.

The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990, c. P.13, as amended, and may form part of the public record which may be released to the public.

Dated at the Town of Oakville October 7, 2021