Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 13, 2022
CASE NO(S).: OLT-22-004052
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: SmartCentres, SmartREIT (Oakville II) Inc. and SmartREIT (Oakville) Inc.
Subject: Failure of town of Oakville to announce a decision respecting Proposed Official Plan Amendment 22
Municipality: Town of Oakville
OLT Lead Case No.: OLT-22-004052
OLT Case Name: SmartCentres v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: SmartCentres, SmartREIT (Oakville II) Inc. and SmartREIT (Oakville) Inc.
Subject: Application to amend Zoning By-law No. 2014-014 – Neglect or Refusal of application by Town of Oakville
Existing Zoning: MU2-178 (Mixed Use Main Street 2) and MU4-178 (Mixed Use Urban Core)
Proposed Zoning: MU2-178 (Mixed Use Main Street 2) and MU4-178 (Mixed Use Urban Core) – with special provisions
Purpose: To permit a mixed-use building consisting of two residential towers
Property Address/Description: 256, 260 and 294 Hays Boulevard and 271 Oak Park Boulevard
Municipality: Town of Oakville
Municipal File No.: OPA1413.34
OLT Lead Case No.: OLT-22-004052
OLT Case No.: OLT-22-004053
Heard: October 21, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| SmartCentres, SmartREIT (Oakville II) Inc. and SmartREIT (Oakville) Inc. (collectively, “SmartCentres”) | Denise Baker |
| Town of Oakville | Nadia Chandra |
| Region of Halton | Brittany Maione |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON OCTOBER 21, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of appeals by SmartCentres (“Applicant/Appellant”) from the refusal or failure of the Council of the Town of Oakville (“Town”) to make a decision on applications to amend the Official Plan, and for Zoning By-law Amendments in regard to the properties located at 256, 260 and 294 Hays Boulevard and 271 Oak Park Boulevard, collectively, the “Site”.
2The Site is located within the Oakville Uptown Core Area and has an area of approximately 0.9 hectares, with frontage of approximately 125 metres (“m”) on Trafalgar Road and 70 m on Oak Park Drive. SmartCentres is proposing to develop the Site with two residential towers at 26 and 31 storeys atop a 5-storey shared podium with 8 integrated 2-storey townhouse units at the base of the building fronting onto Trafalgar Road. The proposal would result in the creation of 587 residential units, including 8 grade-related townhouse units, and would provide 531 vehicular parking spaces and 590 bicycle parking spaces. The applications were deemed complete on April 30, 2021.
3The south portion of the Site is designated Main Street 2, while the northeast portion along Trafalgar Road is designated Urban Core. The purpose of the proposed amendment to the Official Plan is to permit an increase to the allowable building height on the Site.
4The Site is currently zoned Mixed Use Main Street 2 (MU2-178”) and Mixed Use Urban Core (MU4-178) which permits maximum building heights of 6 storeys and 8 storeys, respectively. The proposed zoning amendments effect the increased building height being sought and establish other site-specific zoning standards.
5The Tribunal received a Party Status Request Form on behalf of the Regional Municipality of Halton, which was granted without objection. Participant Status Request Forms submitted by Mykhaylo Gromadsky and Jessica da Cunha were also approved.
6The parties have on consent prepared a Draft Procedural Order (“DPO”). Once the parties have finalized the DPO, it is to be submitted to the Tribunal for review and approval.
7The Tribunal has scheduled a 5-day Hearing. The Video Hearing is scheduled to proceed beginning on Monday, May 8, 2023 at 10 a.m.
8Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
9Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting, or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or 1-888-455-1389. The access code is: 909-787-981.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video (“Video Hearing”) to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12No further notice will be provided.
13This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.