Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 10, 2022
CASE NO(S).: OLT-21-001195
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Branthaven West Oak Inc.
Subject: Application to amend Zoning By-law No. 2014-014 - Refusal or neglect of Town of Oakville to make a decision
Existing Zoning: Community Use (CU)
Proposed Zoning: Residential Medium (RM1 and RM2) with a special provision
Purpose: To facilitate the development of the subject site with 54 residential townhouse units
Property Address/Description: Block 107, Plan 20M696
Municipality: Town of Oakville
Municipality File No.: Z.1427.13
OLT Case No.: OLT-21-001195
OLT File No.: OLT-21-001195
OLT Case Name: Branthaven West Oak Inc. v. Oakville (Town)
Heard: December 13, 2021 by video conference
APPEARANCES:
Parties
Counsel
Branthaven West Oak Inc.
Denise Baker
Town of Oakville
Jennifer Huctwith
Region of Halton Nolan Coelho Ed Kwiatkowski Joan Pinto
Jing Bo Yu Self represented Self represented Self represented
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
1This is the first case management conference convened to consider the appeals filed by Branthaven West Oak Inc. (“Branthaven”) against the failure of the Council of the Town of Oakville to make a decision within the time stipulated by statute, with respect to an application to amend the current Community Use (CU) zoning to permit the development of the lands located at the northwest corner of Westoak Trails and Postmaster Drive, for 54 townhouse units.
2The subject lands formed part of a plan of subdivision approved in the mid 1990’s. At that time, the subject site was set aside to accommodate a future school or other public use. In 2006 the Oakville Official Plan designated the subject site for a Place of Worship, in accord with its then ownership by the Diocese of Hamilton. The lands have been subsequently deemed surplus by the Diocese, redesignated to permit Medium Density Residential uses, and acquired by the current owner in 2020.
3The Affidavit of Service was received by the Tribunal and entered as Exhibit 1.
4A request for party status was received from, and granted to, the Region of Halton in order to secure a resolution to a single issue, being the satisfaction of a requirement for a Record of Site Condition.
5Counsel for the Town advised that constructive settlement discussions were underway with Branthaven, with full settlement anticipated early in the new year.
6A total of 10 requests for Party Status were received from area residents, who variously expressed concerns about the prospect of settlement in light of the intensity of development proposed and the associated traffic and parking impacts arising therefrom.
7Through the course of discussion with the Tribunal, the roles and obligations of Party vs Participant status were set out, with the following outcome: Party status was conferred to Joan Pinto, Ed Kwiatkowski and Nolan Coelho. Participant status was granted to Anto Vrdoljak, Jeanine Garlow and Gabriel Zhoa, who were in attendance at the case management hearing and made submissions at the request of the Tribunal. Ms. Sonia Illner was also in attendance but had not formally filed a request. Provisional participant status was conferred to Ms. Illner on the undertaking that she files the necessary request with the Tribunal, failing which, the status would not crystalize.
8The Tribunal outlined for the benefit of the lay parties and participants the benefits of an organized focus on issues, stressing that repletion does not improve the merit of an argument, and encouraged co-ordination between the interested individuals who shared common concerns.
9Counsel agreed in advising the Tribunal that both land use planning and transportation evidence would be called in support of the proposal, and requested a three day hearing.
10A draft Procedural Order was submitted for the consideration of the Tribunal. Counsel for Branthaven undertook to revise the issues list to encompass the concerns stated in support of their requests for Party status to ensure that in the event of a full settlement, that the three self represented parties would retain standing before the Tribunal to bring their case.
11A three-day hearing has been scheduled commencing Wednesday, May 25 at 10 a.m.
12Parties and participants are asked to log into 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/344779885
Access code: 344-779-885
13Parties 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
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373. The access code is 344-779-885.
15Individuals 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 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.
ORDER
12The member is not seized other than to assist in matters arising from this order.
13No further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
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.