Notice of adoption for inZone Conformity and Housekeeping Official Plan Amendment and notice of passing for the new Town of Oakville Comprehensive Zoning By-law 2014-014 for Town-wide (Livable Oakville Plan area)

Thu, 06 Mar 2014

Notice of Adoption
inZone Conformity and Housekeeping Official Plan Amendment
Town-wide (Livable Oakville Plan area)
File No. 42.24.005, Wards 1 to 6

Notice of Passing
The new Town of Oakville Comprehensive Zoning By-law 2014-014
Town-wide (Livable Oakville Plan area)
File No.: 42.25, Wards 1 to 6

Council passed By-law 2014-013 which adopted official plan amendment 4, under section 17 of the Planning Act, R.S.O. 1990, c. P.13, as amended and passed Zoning By-law 2014-014, under section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended on February 25, 2014.

The official plan amendment and new comprehensive zoning by-law apply to all lands south of Dundas Street and north of Highway 407.

The primary purpose of the official plan amendment is to incorporate into the Livable Oakville Plan certain modifications to the text and schedules necessary to support the approval of the Town of Oakville’s new comprehensive zoning by-law. The proposed amendment also includes technical housekeeping modifications to the text and schedules.

The effect of the changes to the text is to:

  • clarify the intent of the Livable Oakville Plan
  • recognize several legally existing uses of land through new use permissions
  • make wording more consistent within the Livable Oakville Plan and with the proposed 2014 zoning by-law
  • eliminate potential policy conflicts within the text
  • implement applicable legislation and regulations
  • create new exception policies to permit additional uses on certain lots
  • eliminate policies that are no longer relevant
  • relocate policies
  • reorganize selected sections
  • correct grammatical and clerical errors

The effect of the changes to the schedules to the Livable Oakville Plan is to:

  • redesignate a number of properties to reflect legal existing uses of land or changes in the text 
  • recognize new and realigned roads 
  • remove Special Policy Area designations or symbols that are no longer relevant 
  • correct minor mapping errors affecting land use designations 
  • add notes and symbols to alert readers to relevant policies in the Livable Oakville Plan

The purpose of the new zoning by-law is to implement the Town of Oakville’s Official Plan, the Livable Oakville Plan, by applying new zones with new use permissions, regulations, definitions, maps, and administrative clauses. This by-law repeals Zoning By-law 1984-63 and all amendments thereto and contains:

  • new administrative clauses, including transition regulations relating to recent approvals
  • over 200 new definitions of terms used in the draft by-law
  • a new set of general provisions relating to specific uses, buildings, or structures including (but not limited to) accessory dwellings, allowable projections, garbage containers, setbacks to identified corridors, home occupations, landscaping requirements, legal non-conformity, municipal service requirements, outside display and sails, rooftop terraces, and shipping containers
  • a new set of parking and stacking space requirements including (but not limited to) bicycle parking and barrier-free parking space requirements, and revised driveway location and width regulations for residential uses
  • new regulations in residential zones including (but not limited to) accessory buildings, four new medium density residential zones, and an updated infill housing framework including reduced lot coverage maximums for main buildings in some zones, a new residential floor area ratio calculation, and a new minimum front yard requirement for all lots
  • two new transitional zones covering Midtown Oakville, prohibiting as-of-right building additions prior to the completion of Midtown Strategy work in 2014 and a later zoning by-law amendment
  • five new mixed use zones applying to the other five growth areas (Uptown Core, Palermo Village, Kerr Village, Bronte Village, and Downtown Oakville) with new yard and height minimums and maximums and new use permissions
  • updated use permissions and zone standards for other classes of zones including (but not limited to) commercial, employment, institutional and community uses, greenbelt, parkland, environmental, and open space zones
  • updated special provisions and holding provisions
  • zoning maps and maps for the special provisions

Any appeal of the official plan amendment or zoning by-law must be filed with:

Vicki Tytaneck
Acting Town Clerk
1225 Trafalgar Road
Oakville, ON L6H 0H3

The appeal must set out the reasons for the appeal and the specific part of the proposed official plan amendment or zoning by-law to which the appeal applies. Each appeal must be accompanied by a certified cheque or money order in the amount of $125.00 payable to the Minister of Finance. A copy of the appeal form is available from the Ontario Municipal Board’s website at www.omb.gov.on.ca.

The proposed official plan amendment is exempt from approval by the Regional Municipality of Halton, and the decision of Town Council is final if a notice of appeal is not received before or on the last day for filing a notice of appeal.

Only individuals, corporations, and public bodies may appeal a zoning by-law or an official plan amendment to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the official plan amendment was adopted or zoning by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the Town of Oakville Council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

Accessibility issues, questions or written submissions may be directed to:

Lesley Gill Woods
Long Range Planner
905-845-6601 ext.3261 (TTY 905-338-4200)
lgillwoods@oakville.ca

or

Joe Nethery
Manager, Zoning By-law Project
905-845-6601, ext.3428 (TTY 905-338-4200)
joenethery@oakville.ca

Other Applications on the Subject Lands:

These lands are also subject to the following applications (as of February 24, 2014)

For minor variance: 371 Spruce Street, File No. CAV A/132/2008; 394 Maple Avenue, File No. CAV A/182/2013; 3358 Lakeshore Road West, File No. CAV A/143/2012; 241 Cardinal Drive, File No. CAV A/152/2012; 1491 Burloak Drive, File No. CAV A/006/2013; 493 Esplanade, File No. CAV A/013/2014; 57 Florence Drive, File No. CAV A/012/2014; 348 Watson Avenue, File No. CAV A/021/2014; 472 Sandlewood Road, File No. CAV A/022/2014; 273 Burton Road, File No. CAV A/023/2014; 185 Burton Road, File No. CAV A/024/2014; 6 John Street, File No. CAV A/025/2014; 1415 Amber Crescent, File No. CAV A/026/2014; 83 Byron Drive, File No. CAV A/027/2014; 139 Thomas Street, File No. CAV A/028/2014; 1395 Lakeshore Road East, File No. CAV A/029/2014; 133 Ulster Drive, File No. CAV A/030/2014; 284 Gloucester Avenue, File No. CAV A/031/2014; 367 Spruce Street, File No. CAV A/032/2014; 107 Maple Grove Drive, File No. CAV A/033/2014; 2441 Greenwich Drive Units 1-128, File No. CAV A/004/2014; 28 Lambert Common Unit #4, File No. CAV A/174/2013; 1130 Speers Road, File No. CAV A/134/2012

For consent: 1315 North Service Road East, File No. B11/17 (1508); 1325 North Service Road East, File No. B11/18 (1508); 1055 McCraney Street East, File No. B12/05 (1515); 2110 Speers Road, File No. B13/03 (1626/1627); 360 Lakeshore Road East, File No. B13/06 (1713); 1465 North Service Road East, File No. B13/12 (1506/1507); 1565 North Service Road East, File No. B13/13 (1506/1507); 1577 North Service Road East, File No. B13/14 (1506/1507); 1595 North Service Road East, File No. B13/18 (1506); 158 Nelson Street, File No. B13/19 (1729); 1453 North Service Road West, File No. B13/20 (1525); North of Michigan Drive, File No. B13/22 (1634/1635); 1191 Holton Heights Drive, File No. B14/01 (1511); 1195 Holton Heights Drive, File No. B14/02 (1511)

For Zoning By-law amendment: 2158 Trafalgar Road (1319284 Ontario Inc. [Dunpar Developments]), File No. Z.1413.28 and OMB File No. PL100058; 113-131 Maurice Drive (Matas Homes – Garden Drive Townes Inc.), File No. Z.1617.41; 2343 Khalsa Gate (Bronte Community Corp. – Goldberg), File No. OPA.1430/30; 3340 Dundas Street West (New Horizon Group), File No. Z.1434.02; 1094 Third Line (Infrastructure Ontario), File No. Z.1526.04; 114 Maurice Drive (Grandview Living Inc. [Matas Homes]), File No. Z.1526.04; 177 Cross Avenue (915643 Ontario Inc.), File Z.1614.70; 2087 Upper Middle Road East (Infrastructure Ontario), File No. Z.1405.15; 3340 Dundas Street West (New Horizon Group), File No. Z.1434.02; 2390 Khalsa Gate (Ballantry Homes Inc. [2390 Khalsa Gate]), File No. Z.1431.12; 1055 McCraney Street East (Town of Oakville), File No. Z.1515.22; 28 Lakeshore Road West (GreenLife West Harbour [Del Ridge Homes]), File No. Z.1715.22; 2480 Old Bronte Road (New Horizone Development Group [Bronte] Inc), file No. Z.1430.31; 260 Bronte Road (1066834 Ontario Ltd.), File No. Z.1730.36

For amendments to a Minister’s Zoning Order: 4289 Regional Road 25 (R. DaSilva), Ref No. 24-MZOA-136271; Part of Lots 27 and 28, Concession 2 N.D.S. (Marraine Investments Ltd.), Ref No. 24-MZOA-135650.

For Plans of Subdivision: 2158 Trafalgar Road (1319284 Ontario Inc. [Dunpar Developments]), File No. 24T-12006/1413 and OMB File No. PL100058; 2087 Upper Middle Road East (Infrastructure Ontario), File No. 24T-11003/1405; 260 Bronte Road (1066834 Ontario Ltd.), File No. 24T-13001/1730; 3340 Dundas Street West (New Horizon Group), File No. 24T-12010/1432

For Official Plan amendments: 2158 Trafalgar Road (1319284 Ontario Inc. [Dunpar Developments]), File No. Z.1413.28 and OMB File No. PL100058; 113-131 Maurice Drive (Matas Homes – Garden Drive Townes Inc.), File No. Z.1617.41; 2343 Khalsa Gate (Bronte Community Corp. – Goldberg), File No. OPA.1430/30; 3340 Dundas Street West (New Horizon Group), File No. Z.1434.02; 1094 Third Line (Infrastructure Ontario), File No. Z.1526.04; 114 Maurice Drive (Grandview Living Inc. [Matas Homes]), File No. Z.1526.04.

Lands covered by the proposed official plan and zoning by-law amendments are also subject to two Livable Oakville Plan Appeals (PL100058): 1300, 1316, 1342, 1354 and 1372 Bronte Rd. (V. Enns); and Trafalgar Moraine ANSI (Melrose Investments Inc., et al.).

 

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 can form part of the public record which may be released to the public. Questions about this collection should be directed to the records and freedom of information officer at 905-815-6053.

Dated at the Town of Oakville on March 6, 2014

LAST DATE FOR FILING AN APPEAL: March 25, 2014