Transcript: Approves Heritage, Expands Patios - Planning & Development, March 2, 2026 | Summary 95

Hello and welcome to this meeting of the Planning and Development Council of the Town of Oakville for March 2nd, 2026. Uh, Madame Clerk, do we have any regrets? Thank you, Mayor Burton. We have regrets from councelor Omira and councelor Shei. Thank you. Uh, councelor, are there any declarations of pecuniary interest? Madame clerk, there being none showing, there are none for the minutes. Council, we have the um minutes of the previous planning and development council meeting. And uh if you have corrections, now is the time. And if there are no corrections, then a mover and secondary to adopt them is in order. Council Chenna, Councelor Mcnes, thank you. Is there uh any objection? There being none, the minutes are adopted. Uh we have two consent items. Are there any requests to pull an item for discussion? If not, a mover and seconder for the consent items is in order. Councelor Giddings and Councelor Longo. Thank you. Any objection? Madame Clerk, there's no objection. The consent items are adopted as presented. Uh, council, the next item is a uh it's really a a routine bylaw to assume the public infrastructure associated with hospital gate and uh and that goes to who owns and looks after the infrastructure and in development. When it's finally been developed to the satisfaction of staff, uh we then uh reassume it as part of the town. Um are there any questions about the report? Otherwise, I'd look for a mover and seconder. Councelor Adams and Councelor Chisum for a mover and seconder. Any objection? Madame Clerk, that's carried. Um, we have a new item tonight, which is the U 2026 parks patrol program. Staff are available. The report is is detailed. I myself had no questions, only a great deal of happiness to see it. I think it's a good idea. Any member of council with any uh questions or concerns? Any member with a motion? Uh councelor null and councelor Grant. Thank you. Any objection? That's carried. Clerk. Um we have a confidential consent item and u unless council wishes to go into uh camera I'll u where is my motion for the public here? Madam clerk. Ah, here we go. I would look for a mover and second or four for the motion for the public that the appeal be confirmed and that the confidential direction provided in the legal department report be approved. Councelor Chisum and councelor Dudock. Thank you. And there being no objection, that is carried. Then we have uh the discussion item which is the cultural heritage landscape strategy for Applebe College phase two and uh I'd like to call on Kristen McLaclin our heritage planner to provide a presentation and after that I'll look for a mover and seconder for the recommended motion and we can have debate or questions. Miss McLaclin, we're looking forward to your presentation. Thank you. Sorry, I just have to pour some water. All right. Uh, thank you, Mayor Burton, and members of council. I am pleased to present to you tonight regarding the cultural heritage landscape strategy phase two the evaluation of Applebee College. Uh through the evaluation of the property, it has been determined that Applebee College is a significant cultural heritage landscape in Oakville. Today's report and presentation is to review and uh to review the evaluation report through phase two. So staff are then able to move into phase three, which is the conservation plan and designation bylaw. The designation of the property is not occurring at this time and staff have been working with Applebee College and their heritage consultants throughout the evaluation process. While the report in full is attached as an appendix, tonight I am just briefly summarizing it by going over background and policy highlights of the report and its findings and next steps. All right. Uh, as you can see in this slide, Applebee College is located south of Lakeshore Road West on the shores of Lake Ontario, approximately between Fourth Line and Mortyn Road. It is currently an active day and boarding school. It was formed as a school in 1911 and has been maintaining that same function for over 100 years in this location. Uh, the original portion was the western side, kind of ending at that southern sports field. Uh but parcels have been added over its history to the east and north of Lakeshore Road as well, but those have since been removed. So just to uh remind council, Oakville adop adopted the cultural heritage landscape strategy in 2014 to guide the identification, evaluation, and protection of cultural heritage landscapes or CHLs. A CHL is a geographical area modified by human activity and valued by the community for its heritage significance. These can include buildings, structures, natural features, views and archaeological sites that reflect the historical and cultural identity of the area. The strategy is implemented in three phases. Phase one was identification of potential CHLs was what which was completed in 2016. Sorry. Phase two is the evaluation which is the study of properties to determine if it is appropriate to designate and phase three is the implementation of protection which again is through a designation bylaw and conservation plan. When the the phase 1 inventory was completed in 2016, Applebee College was identified as a potential CHL but at the time it was low priority with existing heritage resources in use and maintained with six buildings listed on the heritage register. However, future development was flagged as a potential risk. In phase two, full assessments of these identified properties are being completed. Uh, protection of these properties is done through the Ontario Heritage Act or through official plan policies. The cultural heritage evaluation report attached here is phase two for Applebee College. The Ontario Heritage Act, the planning act, and the provincial planning statement altogether form a coordinated legislative framework for the protection of CHLs in Ontario. The Heritage Act provides legal tools for designation of heritage properties using Ontario regulation 906 criteria. The planning act enables municipalities to incorporate heritage conservation policies into their official plans and the PPS mandates that significant cultural heritage resources be conserved as part of responsible land use planning. The Livable Oakville official plan aligns with these policies by committing to the protection of CHLs through the town's cultural heritage landscape strategy. As we are aware, the More Homes Built Faster Act in 2022 and the Homeowner Protection Act in 2024 significantly changed how listed heritage properties are managed under the Ontario Heritage Act. They now require that properties listed before January 1st, 2023 be designated by January 2027 or be removed from the Municipal Heritage Register with a 5-year restriction on relisting. And properties must now meet two of the nine heritage criteria rather than one. So despite this extension, it was originally till June 2025, but now 2027. The initial urgency led staff to prioritize Applebe College's evaluation as a CHL to avoid D-listing and ensure its heritage value is protected. Applebee College has been evaluated using those 906 criteria as a part four individual designation, which again requires it has to meet at least two of the nine. The site's heritage buildings, built structures, natural features, trails, views, and areas of potential archaeological significance were all considered in the evaluation. So, I'm not going to get into a lot of detail on the history as it is there uh in your report. Uh, but I will just briefly summarize it. Applebee College was founded in 1911 by Sir Edmund Walker, a banker and arts patron, and his son-in-law, John Guest, who became the first headmaster. The land had been previously farmed by the Mccrainy family. The college began as a small boarding school with 29 students and one building, Collie House, which is pictured here, which served as both residence and classroom. Walker and guest envisioned the school as a place for a well-rounded education, combining academics with a focus on physical health in what was then a rural setting. Early on, students helped with the on-site farm alongside their studies and physical activities. And these principles shaped the curriculum and its campus design. Over the last 110 years, the campus has grown to include over 20 buildings reflecting a range of architectural styles and educational focuses. The school became co-educational in 1991. The property also maintains natural features such as McCrainy Creek, mature wood lots, and a rare shingle beach shoreline along Lake Ontario. The location for the school was initially chosen because of its natural elements and views and many of these still exist on campus today maintaining the school's ties to nature. So results from the report uh focus on various significant heritage elements on campus. Uh and I will be starting with the built heritage elements and again more detail on each property and their heritage attributes can be found in the report. Applebee College's built heritage reflects over a century of architectural evolution, beginning with early 20th century arts and crafts buildings and expanding into Gothic revival and modernist architecture. Seven significant heritage buildings were identified for protection through this evaluation. And they include Collie House from 1911 and the principal's house from 1913, both arts and crafts structures. the mccrainy barn from 1914 which is a rare still standing example of early agricultural architecture in Oakville and the John Bell Chapel uh the 1920 to 29 portion which is Gothic revival in style and a landmark structure on campus. It also includes Snyder Cottage from the 1920s which was a lakeside residence built by the Snyder family and shows a different part of Applebee's history. Alumni House from 1930 which is arts and crafts and originally a staff residence and the memorial classroom building the 1950 to56 portion which is modernist in style and designed by Morani and Morris. And this building defined future development on campus. Additional significant built heritage features suggested for protection include the original stone entrance gates from 1911 and the central quadrangle which has developed from an informal open space into a landscaped courtyard. Applebee College's natural heritage features are central to its identity and how it has developed over the past century. Again, it has ties to two significant bodies of water, McCrainy Creek and Lake Ontario. The campus retains mature tree cover, including a Carolinian forest on the west ridge and remnants of a red oak wood lot in the southeast. These wooded areas along with historic plantings contribute to the ecological and cultural value of the site. Historic pedestrian trails such as the original entrance road which is now a walkway, creekside paths, and lakeshore trails follow the site's ridges, valleys, and graded slopes. This landscape has shaped building placement and preserved key views across campus and toward the lake. Applebee College is also located on land within the traditional territory of the Missagas of the Credit First Nation with ties to the Six Nations and the Wend. While no archaeological assessments are known to have been conducted on site, the property may contain archaeological resources, especially near in undisturbed natural areas, the site may also have archaeological potential as a Euroanadian settler site. So, I'm not going to read off this slide or anything, but these are the uh Ontario 906 criteria that have been met through the evaluation, and Applebe College meets seven of the nine criteria for demonstrating cultural heritage value or interest. Uh to summarize very generally the 906 criteria uh have three overarching categories and that's design vis phys physical value historic and associative value and contextual value. In terms of design and physical suggested buildings for protection are representative examples of arts and crafts gothic revival and modernist architecture. It has significant built structures like the gates and the quadrangle. And it has physical value for natural heritage features such as bodies of water, mature trees, uh pedestrian paths, topographic features, and viewsheds. In terms of historical and associative value, it has direct ties to local figures such as Walker and Guest and their role in shaping Oakville, as well as reflecting the work of several notable architects and architecture firms with the potential to yield insights into indigenous and settler histories. And for contextual value, Applebee College is a defining local landmark visually and historically linked to its surroundings on Lakeshore Road West and it defines and supports the character of the area. So again, in summary, it does meet seven of the nine Ontario regulation 906 criteria. It also falls under two UNESCO categories of cultural heritage landscapes which were adopted by the town as part of our landscape or CHL strategy I should say. uh one is the designed landscape which is a clearly defined landscape created by people and an organically evolved landscape which is shaped by social and environmental factors that continues to evolve and serve a contemporary role. I would also like to note again at this point that staff have worked closely with Applebe College, its property committee and heritage consultants throughout this process. Staff want to also recognize that Applebee College has been a respectful longtime steward of the school's cultural heritage. In a complex site like this with many overlapping heritage elements elements, sorry, a CHL designation provides a clear framework for managing change while supporting the continued use of and growth of the property. So, in terms of next steps, as noted, if this goes through tonight, it moves us into phase three of the cultural heritage landscape strategy for Applebee, which is the implementation of protection measures. And the final phase and this involves creating a conservation plan uh collaboratively with Applebee College on details cons concerning when to use heritage permits, heritage attributes, um application processes, things like that and the designation bylaw for the property. So this is to be completed by the end of the year. So for staff recommendation, we are recommending that the cultural heritage evaluation report be approved and that Applebe College be recognized as a cultural heritage landscape and move into phase three of the cultural heritage landscape strategy. So I'm happy to answer any questions if anyone has any at this point. Let's hear from councelor Dunick. Thank you through your worship. Not a question, but just a comment to thank staff for an extremely thorough report and for the collaborative nature in which uh Applebee has worked alongside with our heritage staff. Um it's a win-win situation. So well done. I'd be pleased to give you a motion at the appropriate time. You've uh reached that appropriate time. Thank you for the motion. Councelor Chisum, would you like to be the seconder? All right. Um, councelor, is there anyone uh with anything else? May I put the vote? Uh, any objection? Madame clerk, there being no objection, uh, that is carried. Council, um, I now, uh, would like us to turn to the town initiated zoning bylaw amendment for seasonal commercial patios on private property. And uh as we wait for Christina Tizzard to get ready, I'd uh just like to get it on the floor with a mover and a seconder for this. Councelor Adams and uh councelor Liz Chenna. Thank you. And uh Miss Tizzard, we are looking forward to this. And there's a hidden microphone button. You've got it. Thank you. Thank you, Mayor Burton. Members of council um bringing forward this evening um a statutory public meeting report related to a town initiated zoning bylaw amendments. There are two bylaws that we're looking to amend. Um and the focus is to um bring about some amendments or modifications to both bylaws, the the north um Oakville uh bylaw as well as the South Oakville bylaw. So 2014 and um 2009 189 and uh the focus there really is to bring about uh introduce some regulations for seasonal patios uh on private property. We are bringing the information only the information forward this evening. uh there will be no decision um requested um for uh for the proposed amendments and we will be returning uh within a cycle or two with um a recommendation report. Um and before I get into the presentation, I would like to uh introduce um to council uh Felix Hussy. uh he's done a lot of the heavy lifting in terms of the research and the illustrations and what have you through the presentation and um so we've been co-championing this uh this initiative and so I'll be taking it from here. Okay. Um so just providing a bit of background information on seasonal patios um in Oakville. Um this can be found on pages 21 and 22 of the staff report that you've received. Um so starting with the downtown mitigation strategy. This was an initiative that was launched prior to the reconstruction of Lakeshore Road to give um some support to businesses and restaurants um within the downtown. Um and that was the first opportunity uh for on street parking spaces to be utilized for patios um in and uh sidewalks in the boulevard were also included. Um the pilot program um was also extended to current Bronty BAS. Um we were looking to wrap that up um at the end of 2020 and and launching something beyond a pilot program but um CO 19 so the pandemic um struck. So it was if I can put a silver lining to it uh it was an opportunity for us to uh extend uh the pilot that we had um for the on street patios. the fees were waved and it also allowed for us to um to look at seasonal patios on private property by waving certain zoning uh provisions. So there were a series of agreements that whether you're on public property or private there were agreements that were were entered into and really for those four years we we had again another opportunity to sort of pilot and see what was working and what wasn't working. Um and so moving on then to the seasonal commercial patio program that was brought uh forward to council towards the end of 2023 and was since since launched in 2024 and that um really was the creation of a permanent program for seasonal patios on municipal boulevards and on street parking spaces. However, um the the relaxing and the waving of of some of those regulations that were afforded to private uh patios on private property um did not get extended and reverted back to um uh requiring zoning compliance for for any installations. Um however, we still get the phone calls. We were still getting inquiries. You know, this was such a great program from the different uh proprietors. it allows us to to um offer up some some outdoor dining when the weather is great. And so it was really their their asking and pushing that's that um that really is bringing us here this evening. Um so as a result we undertook a study to take a look at the bylaw and see what um what some of those restrictions might be um and how we might um um move forward with a seasonal approach. Um so just um the next three slides is just so you know to give a sense of context you know where these um where these um restaurants and patios are located. So this is really a snapshot from February and July of last year. So the gray dots um are restaurants um located uh throughout Oakville and the dark blue dots again I we should have done a little bit more contrast there but those are ones that um are restaurants with eeries uh or sorry of course uh um restaurants and eeries with patios plus or minus um you know some of this was done by um uh driving along um and so these also represent um patios that are located on public land. So it does capture what's happening in our BAS as well as on private properties. And so that's what this slide is is showing. So what I've done is I've uh looking at some of those clusters. So I've identified the three BAS and again um this is the commercial uh sorry seasonal commercial patio program again ex um ex exclusively for um patios on public land. But as you can see there's quite a few other dots there. um you know throughout um our community and it reveals that there's a considerable considerable number of restaurants and uh potential patios that fall outside of the the patio program for the BAS. Um and so as a result, we were looking at some of those clusters. And so these are really those opportunities for um patios on private property. And the clusters are really associated with our commercial designations. Um, so whether they're neighborhood um commercial areas that are kind of within the smaller pockets um throughout town, uh community where uh community commercial where um we've got larger plazas assoc uh located near some of the major intersections as well as some of the core um commercial designations such as those destination areas. And we also um have various employment areas um where whether it's office employment, business employment or business commercial. And if I can just use the mouse here um and so as an example, we have um this is the smart centers, although um you know there's fewer restaurants there now with the uh the Costco going in, but looking at those kinds of clusters. And so I would say completely on the other side of town um on the east side we have the AMC where the theater and all of the restaurants. So really providing some opportunities where those clusters um are occurring. We also all have along um Dundas Street. So I'm uh focusing in on um the the eighth line uh plaza. There's some Sorry. Oh, I've just Let's try this. I apologize there. Bit of a lite today. So, I'm going to not use the mouse, but but basically it's clustering in around where some of th those restaurants are. Um and um and what I haven't highlighted is Spears Road where we have a lot of those um and I think it's going backwards again. Nope, we're going to move it forward. And then the other piece, sorry, on this slide is just over on the uh the right hand side just to show that um we're bringing forward uh proposed amendments to the North Oakville uh zoning bylaw um ZBL 2009189 as well as to um the zoning bylaw that's focused on land south of Dundas. Okay. So, one of the the big um pieces that we encountered as we were going through the CRI program was was really the the the some of the zoning um requirements were really obstacles or barriers to allow um seasonal patios. specifically um related to the additional on on-site parking uh that would be required and and as a result beyond the CRI program, a lot of the um patio operators were just saying it was very prohibitive to operate a patio on a seasonal basis um based on cost to go through a variety of different planning processes to potentially um relax some of the zoning as well as the time uh required. And our reason for for bringing this forward, we really want to achieve consistency and that's between, you know, all parts. We're looking at this as a townwide initiative. So, it's the entirety of um of Oakville. Um we're looking at providing equal opportunity. So whether you're located on a patio on public land or private land, we want to make sure that that um that there's equity there and overall supporting local businesses. We also undertook a a pretty extensive uh environmental scan of other municipalities. So we canvased about 15 others just to see what types of regulations um they have in place whether it's for permanent or seasonal patios and it was a real mixed bag in terms of what we were getting back. So there wasn't necessarily a through line. So then the next question is so what exactly are we talking about? So we looked at context the where and this is the what. Um, so for the most part, um, whether it was through the CRI program, um, or the the permanent patios that are out there now, we have beastro typologies, and that's really just a few chairs and a table, uh, in front of, um, uh, the frontage of the building, patio on hardscape. So sometimes there's a space alongside of the building where uh, a patio can be accommodated and whether that's permanent or seasonal. And then getting into this is the new um, typology that we we tested during COVID. And this was to allow for a seasonal patio in parking spaces. And so with this particular illustration, it's showing um two spaces occupied with a patio and sort of the the the before on the left and the after um on the right for for context. And so we're looking at this as only to be utilized for seasonal use. So May 1st to November 1st or a shorter time period, but that would be the maximum. Again, we've got a lot of lessons learned by testing out um a lot of these different configurations uh over the four years of the CRI program. So, we're we're confident that we have the necessary um controls or regulations in place and now taking a look to the um uh to the regulations associated with um sorry in the zoning bylaw. Um and so the part of that transition is um getting into some of the detailed regulations or proposed amendments um to the bylaw and those can be found on pages 23 to 28 in the staff report as well as um in a bylaw format as in draft uh attached as appendix A and appendix B. And so what I'd like to draw um so it's it's there in the report, but what I really like would like to highlight this evening is uh and really again the focus of of our work are the the seasonal patio regulations. And so I've I've built this slide um to to show what is um retained verbatim from the regulations that we have in our zoning bylaw 201414. Um, and I'll just go through them. So, um, a patio is, uh, is or a seasonal patio is permitted accessory to a public hall or restaurant on the same lot, which is the same for for permanent. Um, the same as well. We do not permit um permanent nor would we permit seasonal patios in any yard abuing a residential zone on a balcony or rooftop terrace on a lot abuing a residential zone uh or on a lot in an employment zone abuing a a residential zone. And we also have identified for permanent that the area um set aside for uh whether it's a permanent or seasonal patio will be subject to the minimum yards for the zone within which it's located. So that's all verbatim out of the current bylaw and would be applicable to both permanent and and seasonal patios. The new piece are D and F. And so here uh we're saying that a seasonal patio shall only be permitted for a maximum of 26 weeks. So that's between uh May 1st and November 1st of any calendar year and must be completely removed outside of that time frame which is uh align um with our seasonal patio program for um for patios on public land. We're saying uh we're offering up that a seasonal patio may occupy a maximum of four required parking spaces for the lot. And so the distinction here is between um a particular tenant or premises and the overall lot if there are multiple tenants in there. And uh a seasonal patio shall not be permitted to occupy an accessible parking space. So I'm I'm jumping on to the implementation piece um which uh aligns with pages 28 and 29 of the staff report. And so unlike the um seasonal commercial patio program for for townland patios um where in a complete program and funding and staffing um you know was required. We plan to use existing planning and building um approval processes to uh receive review and um approve or adjudicate um what's coming forward. So, for example, with with permanent patios on private property, we currently see a lot of those coming through the site plan application process as a new development. So, it might be a larger plaza style um or it could be a new pad building coming in and they know it's a restaurant or there will be outdoor dining. So, um a patio is typically included as part of that review process. There are instances where um it might be some changes made to um a uh proposal or sorry, a site. So we have been able to do a note to file which is more scoped. Um and in both instances um if what the applicant is looking to do exceeds what the zoning permissions um per or allow then um they can seek a minor variance uh for relief. Moving on to the seasonal patios. Um we're looking at the existing zoning certificate of occupancy and having the um restaurant tour or the premises to apply for that annually. And really the the the focus behind um or the force behind the zoning certificate is really to confirm that what's being proposed uh complies with the zoning bylaw. um we may do a note to file if it's a complex uh application and again if um relief is is necessary it would go through um a minor variance process. Uh and finally the beastro on private property. So those are the ones against the building phase. We don't anticipate um given the scale that we would be reviewing or approving. It's uh you know it's pretty straightforward and we'll continue to monitor those. Um, as I've mentioned throughout the the presentation, we have been taking a lot of our cues and looking to align um these regulations with the seasonal patio program. Um, we will be using the same portal, the same staff that's doing, you know, undertaking the review. And we'll be adding content where necessary to the user guide and to the web pages so we can assist um um uh interested um applicants to sort of navigate their way through the approval process to provide them with um requirements for operating the patio and as well there might be some um patio related resources we want to send their way. Uh in terms of next steps, um we are looking to bring a recommendation report um back to council. Uh we're looking at uh targeting the April 7th um meeting. Um during that uh same time uh or concurrently, we're going to be updating um in anticipation uh the patio program web page, but then we will also be doing uh social media and direct uh connections with um past participants so they're aware of this. and we would like to see um that this is uh 2026 seasonal patio um or patio season. So in terms of recommendations uh just a summary of those that are at the outset of the report uh to be received uh that comments uh be received and that um they're referred to staff for further consideration. And with that, um, I'll stop and see if there's any questions. Thank you. Um, I think, uh, council, what I would suggest is, uh, we hear from the public. We have a registered delegation. Uh, Madame Clerk, would you call the delegation? Thank you, Mayor Burton. Uh, delegation is Martin Ratikov. Welcome, Mr. Ratikov. Oh, sir, if you come to the center, it's You'll have equal access to both sides of council if you come to the center. Mike mic works. I have to switch it on. Yes. Yes. The red light is Well, now it's off. Okay, there you go. You are in command. Uh my delegation is under the point uh um point 7 uh 7.1. However, I it's not about the commercial patios. Uh the 7.1 reading uh the agendas uh also addresses u uh zoning bylaw amendments to uh add clarity and ensure consistency of these uh uh zoning bylaws and that's what I want to address in uh in my in my speech today. Um I'm not sure that's uh well are you what is your your real concern? My real concern is uh that our zoning by first of all uh my name is Martin Radikov. I'm a W six uh resident have been living in Oakville since 1999. So for intents and purposes this is my town if I'm ever moving. It's north of Dundas around the ninth line give or take. So, I'm deeply involved in in our town and um ever since um Bill 23 was introduced uh four or five years ago, I've been struggling with uh uh with our town uh getting our uh bylaws to comply with uh with the with the spirit of that bill. And and uh that's what I want to address today since we're in the process of amending these bylaws. Uh I'm just concerned that you might uh be uh you might be better served. I I believe that uh the matter I think is your personal issue is coming to council in April. And and if you under our bylaw, if you speak to it now, you don't get to speak to it then. And uh you might want to save your your ammunition for when it's right in front of council. But with that caution, I invite you to carry on. I I mean, it's been long time coming. Uh, ever since that bill was passed, uh, uh, I I've been in communication with town with, uh, uh, with the opportunity that is for, uh, people like me and, uh, and it's been years really. I've started talking to town. My advice is has been given. You don't have to argue my advice. No, I I I left it I left it to you to make a choice. So, please proceed. I'll make my point. I'll make my point. If I have to make it again in April 22 uh 20th, so be it. But I'll be brief. I'm not going to take too much time, but it's something that has been lacking in our town and uh and I want to address it. The sooner the later, the the sooner the better. Okay. So, as I said, the the current uh zoning definitions allow us the residents to build uh up to three units in our uh in our uh on our properties and uh I can do that. However, the current zoning does not allow us to uh uh to have them as a separate uh uh real estate units, which is an approach that uh uh most of the municipalities in in uh in GTA are now uh are now uh taking and uh and as of right uh uh owner uh ownership tenure is is widely accepted in in uh uh in the GTA for some reason our uh towns by law are lacking in that respect and as I say uh it's been months of uh communicating and I just want to to push as much as I can to make that uh change because uh you know as time goes by my personal uh intent is to provide for my immediate family. One of my kids had to move to Calgary because of unattainable ownership in in our markets in the GTA and uh uh my in-laws are in their mid70s. So I want to do that sooner than later and our town policies are preventing me uh from doing that and I want that addressed uh uh uh if possible. And uh uh um so we must change uh in my mind the the definition of additional uh uh residential units to explicitly allow for uh separate ownership. And uh and I really have no uh understanding of why uh the town hesitates to uh to adopt these uh uh these policies because it looks to me as a as a as a person of interest that the town is eager to u to provide for you know big business wishing to build 60 70 uh 100 uh uh unit condominiums north of Dundas and everywhere but does not care about the small people uh like me who want to provide uh uh uh for my family and uh and make uh you know multi- multi-use uh family now uh uh something that is possible not sending my kids to uh to Calgary. So this is this is a really important point for me and hopefully uh the town will hear me. I'll if I have to come to the April 20th uh fine but uh but this is uh uh this is something we should address as I said uh sooner than later and I'm asking the council to direct to direct staff to uh to fix that uh to uh to to address that uh in the in the uh zoning amendment bylaws that is coming. Okay. Okay. Well, thank you very much for taking the opportunity to make that request. Um, when when a more appropriate matter comes, I'm sure the council will be ready to debate the pros and the cons of that. Uh, councelor Adams, do you have a question for the delegate? Uh, not a question, but thank you very much for attending this evening. Uh, we do have your email from about three and a half weeks ago, which uh, Mr. Sunderland has, and uh, is speaking with our director of planning. Uh, and I'd expect that as time goes on that they would respond to you with some further information. Thank you. Part of the reason I'm I'm here that nobody responds to emails in uh in this town. So, you know, obviously I have to be here to be heard and uh yeah, if if that happens. Uh, thank you. Okay. Thank you very much again. Thank you. Do I submit that for the record somewhere? Yes, sir. Thank you. All right. Council, councelor Adams, I had a couple of questions for staff regarding the um the item that was before us, the regarding patios. Uh and that is uh the first is can you tell us how many cases cases we have where we have multiple restaurants in a particular plaza that might want space where they might be competing for location? And if so, is it up to the landlord or the property owner to then come forward with the request to um make use of the the four spaces available to them and they have to then divvy up who gets them? Through you, Mayor Burton. Um we don't have a a count um of the number the number of restaurants um or even those that have that have come forward since. what I was showing on the screen was an inventory you know um a snapshot back of 2025 February. So um wi with regards to um the application process uh the proprietor if they're not the owner of the property will require um property owner or management like property management company sign off uh to allow for and it is to be adjudicated by the property owner. So, um, as an example, if I can use, um, Moo, um, Aqua Shore, there's a plaza that has a restaurant Moods, and then down at the far end, there's Tim Hortons and a few others, um, shops in between or eeries in between. And so, it would be the um, property owner that would make the determination who would get um, the patio space or those required spaces. Okay. So I from the the map that you showed us earlier, it's apparent that there's a number of cases that are like that. Yes. Um and I wondered then uh should we or could we consider using a ratio of spaces that are available on site instead of a strict uh flat number. So we've got some plazas that are all owned by a single property owner and they're ginormous and they've got hundreds and hundreds of parking spots. And then we have small plazas where there's dozens of parking spots, not hundreds, uh where taken four would possibly be more of an issue. Um did we consider a ratio? Um and if not, why not? Um we we stayed away from a ratio just because of the the size and the scales of of these these different um plazas uh throughout town. I can say though that it's to may use up to a maximum of four required parking spaces. Um and the key there is the required. So in some of the older plazas um so where there may only be um a handful of parking spaces, the property owner or the management company may say no, we you know these are being used um all the time. So they can they can um uh prevent an application I guess coming forward. They might self- select out is what you're saying. Exactly. And then in some of the larger plazas, um, we have a surplus of parking spaces. So in those instances, I'm thinking like the third line, Dundas, um, on the southeast corner where in fact there's a lot of parking spaces there. So they could end up having seven or eight parking spaces used because none of them are really required parking. They're not required in our zoning by. Exactly. Okay. So in fact in many of these cases they could actually use far more than four because they have a surplus of spaces. Excellent. That's help very helpful to know. Um and then the last question I had for you is what do commercial parking studies tell us about the difference between peak parking demand in the summer versus the winter? So are the is our zoning bylaw for parking for commercial spaces is it based on a Christmas peak or is it based on something else? And if it's based on a Christmas peak then maybe we actually lots of surplus parking for summer patios. As part of this study, we didn't um drill down to that level of of the parking demand piece and it was really taking a look at what we were able to achieve during the um the commercial uh recovery initiative and um where we were dealing with large um plazas with a lot of surplus parking as well as some of the smaller ones and uh we were able to make that work. So there we didn't drill down into um the minutia of specific lots um because this is then applicable townwide and we felt that there were controls or regulations in place that would either permit or restrict um based on the size of um of the plaza. I I will say though that um you know through some of our internal conversations with um you know other subject matter experts in in other departments that um we didn't see a need for additional parking in the summertime because someone who's on a patio um if it wasn't if it was inclement weather they would be eating inside rather than um you know say out on the patio. So we figured that it might be the same people attending the premises. It's just a choice of where they're um where they're eating. Great. Thank you very much for your information. Thank you, counselor. Councelor Null. Thank you, worship. Two questions, and I apologize if this uh you've already addressed this, but it I wasn't quite clear on it. So, the uh applicants can take up to four required spaces. So, four the four four of the spaces that are required under the zoning bylaw for that particular property. Is there an adjudication process to understand if that's acceptable? I'll give you an example. You mentioned the plaza at um onquashore road. my grandkids forced me to go uh to one of the businesses in that plaza on a fairly regular basis and I often have to spend 20 minutes trying to find parking in that particular plaza. So in disrupting four spaces in that particular plaza would be problematic and I I don't mean to pick on that one plaza but it could be in other circumstances too. Is there still a an adjudication process that determines if removing those four spaces actually causes a problem for the traffic flow and the other tenants through your worship? Um we do have a review process um and it's however it's more technical than it is um in terms of turning movements and safety and making sure there's clearances and and what have you. But um in terms of the number of spaces, it really I think that gatekeeper is going to be the property owner or the property uh manager to say whether or not they need that to support the other businesses. So it, you know, each one of these it's going to be a balancing um effort. I guess in theory it's it's the property owner's loss because he'll have the other tenants complain to him as opposed to a municipal uh issue to deal with. Okay. Thank you. That was u question number one. Question number two um is uh with respect to the actual um uh I guess structure that that exists um particularly when it's in an area where there's a a curb cut. Is are there are there guidelines as to the construction of that material and and how is that adjudicated? Uh absolutely. So we'll be in incorporating that into the user guide. So we have one for the seasonal patios on public land. We're going to and again there's considerable amount of alignment there um for barrierfree for safety etc. So we will be um utilizing that content as well as um incorporating some additional that might be specific to private sites. So in instances where there is a change in grade between the walkway in front and the ashvalt of the parking space um through the CRI program we had um where uh platforms were brought in. Um we also had some instances where there was adequate space and they were able to put in a barrierfree ramp at the entrance to the patio. Um but in certainly the enclosures are as durable and as as rigorous as um you know what we've uh been approving downtown and the other BAS. Sorry, I thought of one more question. Um with respect to the safety piece on this. So how I mean we we we've heard recently about the um the danger around child care spaces and cars impeding in those areas. And so there's a provincial regulation about ballards. How are we um protecting uh the safety of the patrons using these spaces? So as part of the technical uh through your worship uh so part of the technical review is taking a look at you know where some of those conflict points are you know where the the turning might be happening where you know vehicles might be going a little faster than um you know than other areas on the site. So we will be doing that full technical analysis. Um and so there's opportunities if what the applicant is bringing forward just doesn't um you know um satisfy our our concerns over safety and and uh vehicular and pedestrian movement then we can always adjust offer up some solutions but if at the end of the day it's not a safe um condition we will not be approving it. So it's a case by case basis. Absolutely. Okay. And I promise really truly this will be my last question. Every time I ask a question, I think of another one. So, but this will I will cut it off here. Um, I noticed the drawing of the beastro spaces and it was on existing uh walkways in front of stores or or restaurants. Um, again, is there an adjudication as to uh the amount of space that's left over for the safe passage of, for example, accessibility devices? Absolutely. So, we're looking at a minimum of 1.8 meters. Okay. So, there needs to be 1.8 meters in addition to the space uh taken up by the beastro. Absolutely. Okay. Okay. Because we want to make sure that there's clear access um for everyone um to all businesses um on the site as opposed to um you know limiting it to certain areas. But yes, we will be looking at that. Um that'll be part of the guideline if you know we're out and about and you know you see something and you say oh you know this is encroaching. So again there'll be that monitoring that education um piece as well but um hopefully people will comply. And on that note, will there be will there be a requirement of the uh restaurant owner, manager, etc. to keep that space clear? So, if somebody pulls a chair out and puts it in the middle of that space, will there be a requirement um and education to make sure that they're not impeding that space? Absolutely. Yes. Thank you. Thank you, worship. Thank you for the answers. Thank you, counselor. Um I have a couple of questions myself. Um, in general, I think uh the gain to this to the community from uh the the act the appearance of active street life uh makes this ma makes a major contribution to our livability and uh and it also I think helps draw people to our businesses. And so um I'm wondering if we can be more flexible uh in spots in in places here and there and what you've proposed. So for example, um I guess I'll start with a kind of an overarching flexibility request. Can you be uh can we take a more flexible approach and and fix individual problems that crop up later rather than uh adopt a kind of a blanket uh rule where maybe a blanket rule isn't uh necessarily uh necessary in every place. So, for example, if we require removal of the of the patio, but the but the the the property owner and the and the restaurant tour uh have a place on their property where they're happy to have it uh outdoors during the winter. Is there really do we have a civic need or purpose to force them to remove it? That would be the the the nature of the flexibility that I'm looking for. And in the same principle, you know, our weather's very variable and it is not at all unusual to have a little burst of uh uh a second summer and and and for that matter an early summer. Do do we have to be so uh firm about the the start date and the end date? Can we have some kind of allowance for weather? uh you know, the the civic good that we're chasing here is the the appearance of the the habit of participation in public, the the uh the life on the street, so to speak. And and what what prompted council to be in favor of this in the first place was we had this post 2008 period where some of our commercial streets were were like abandoned. It felt like we were afraid that there were going to be tumble weeds and uh and then you know co as well and and so with eyes wide open we were willing to to do this experiment and it paid such dividends and everybody got excited about it and I think still is. So, can we can we be a little more generous with our flexibility? It would be my question for your when you when you're back studying the response of council and the public. Uh yes, Mayor uh Burton, we will turn our mind to those and see where we can introduce those into um the regulations. Oh, thank you very much. Uh councelor has a deal. Uh thank you through you, Mayor Burton. you actually sparked me to uh think about our commercial districts and all the good learning that's been occurring. So we have had opportunities where uh that flexibility has been applied. We've also had some learnings from some of that flexibility. So, for example, uh you know, this intent to try and fulfill somebody's desire to have two parking spaces for a patio, um uh you know, negatively affected a 20-minut drop off, which was, you know, from from the surrounding, uh businesses and then from, uh their clientele, a friction point that was actually quite time consuming for um both ACEV and municipal enforcement. So I just want to say I think that you're right that we need to be flexible but I think we also have to be very conscious about uh other implications not just that uh somebody wants two spaces. Um uh it uh we all have high aspirations for them. Um and we've seen sort of though, you know, you can be successful with one and possibly go to two, but we also have to have this uh in in the commercial districts in particular, um uh you wouldn't see four spaces being taken. And my understanding is this what's in front of us tonight only applies to the private sector. Correct. That's correct. Yes. Right. Um four four would take us too far. Yeah. on Lake Shore. But thank you for the opportunity to comment. Sure. Thank you for the comment. Actually, um the principle I would chase about where to be flexible is try to identify the the realist realistically expectable harm or ill that the the regulation is going to uh cure and u and absent such a thing be prepared to be a little more flexible is the only principle I was chasing there. uh flexibility where possible but not necessarily flexibility. All right, we we have a mover and secondary to receive this and uh is there any objection madam clerk? That carries? Um is there any new business to discuss? All right. Are there any requests for reports? Do we have a mover and seconder for consideration and reading of the bylaws? Councelor Longo and Councelor Giddings. Thank you. Any objection? There being none, the bylaws are considered, read, and passed. That ends the work of this meeting. Uh, thank you very much, uh, council. It's been terrific working with you, and I look forward to the next opportunity. Good night.

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