Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 18, 2022
CASE NO(S).: OLT-22-002119
EFFECTIVE DATE: July 26, 2022
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2266 Lakeshore LP Subject: Request to amend the Official Plan – Failure of the Town of Oakville to adopt the requested amendment Existing Designation: Main Street 2 Proposed Designation: Main Street 2 (with modified bonusing provisions) Purpose: TO permit a 15-storey mixed-use rental building with commercial at grade Property Address/Description: 2262-2266 Lakeshore Road W. & 83 East Street Municipality: Town of Oakville Approval Authority File No.: OPA.1728.66 OLT Case No.: OLT-22-002119 OLT Lead Case No.: OLT-22-002119 OLT Case Name: 2266 Lakeshore LP 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: 2266 Lakeshore LP Subject: Application to amend the Zoning By-law No. 2014-14 – Neglect or Refusal of application by Town of Oakville Existing Zoning: “H1- Main Street 1” (MU1) Zone Proposed Zoning: “H1 – Main Street 1” (MU1) Zone Purpose: To permit a 15-storey mixed-use rental building with commercial at grade Property Address/Description: 2262-2266 Lakeshore Road W. & 83 East Street Municipality: Town of Oakville Municipal File No.: Z.1728.66 OLT Case No.: OLT-22-002120 OLT Lead Case No.: OLT-22-002119 OLT Case Name: 2266 Lakeshore LP v. Oakville (Town)
Heard: July 28, 2022 via Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2266 Lakeshore LP | I. Andres |
| Town of Oakville | J. Huctwith A. Ali (Student-at-law) |
| Region of Halton | B. Maione |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON JULY 28, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was scheduled to be a Case Management Conference (“CMC”) but, at the request of the statutory Parties, prior to the hearing event was converted into a settlement hearing.
2Pursuant to s. 34(11) and s. 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (the “Act”), 2266 Lakeshore LP (the “Applicant”) appealed the failure of the Town of Oakville (the “Town”) to adopt a request to amend the Town’s Livable Oakville Plan (the “LOP”) and the request to amend Zoning By-law No. 2014-14 (the “ZBL” for the properties known municipally as 2262 – 2266 Lakeshore Road West, and 83 East Street (collectively referred to as the “Subject Site”).
3The Affidavit of Service for the CMC was sworn by Veronica Walker and marked as Exhibit 1. After reviewing the Affidavit and hearing no concerns, the Tribunal was satisfied that proper Notice of the CMC was issued.
PARTY STATUS
4Brittany Maione appeared before the Tribunal as counsel for the Region of Halton (the “Region”). The Region requested to be granted Party Status as the Subject Site is located within the Region Official Plan (the “ROP”). After canvassing the statutory Parties and hearing their support for the request that the Tribunal granted Party status to the Region.
5No other individuals appeared to request Party or Participant Status to these proceedings.
PLANNING EVIDENCE
6After a review of the curriculum vitae and signed acknowledgement of expert duties, Eldon Theodore was qualified to give expert opinion evidence in the field of land use planning. The Affidavit of Mr. Theodore was marked as Exhibit 2.
7No other witnesses had been called to provide testimony to the Tribunal.
Subject Site and Area Context
8The settlement proposes to develop a 10-storey mixed-use building with 90 one-bedroom, 148 two-bedroom and 6 three-bedroom dwellings. The proposed development includes 536 squares metres (“sq m”) of indoor amenity spaces and 1,196 sq m of outdoor amenity spaces. A total of 268 parking spaces will be provided for residential, retail, and visitor uses.
9The Subject Site consists of three lots located on the southeast corner of Lakeshore Road West and East Street. The Subject Site currently contains two single- storey commercial facilities and one two-storey residential building that is currently being used as a group home.
10Mr. Theodore informed the Tribunal that the Subject Site is designated as part of the Bronte Village and zoned H1-Main Street (“MU1”) in the LOP. The area has a mix of commercial and residential uses with heights ranging for 3 to 22-storeys. To the immediate east of the Subject Site is a 17-storey apartment.
11The Subject Site has public transit bus routes along Lakeshore Road West with connections to the Appleby GO train station.
Matters of Provincial Interest
12It is the opinion of Mr. Theodore that the proposed settlement is consistent with the Provincial Policy Statement (“PPS”) by promoting efficient development and land use patterns, providing for an appropriate range and mix of residential housing, is considered transit-supportive, uses existing infrastructure, and promotes intensification of under-utilized lands while avoiding or mitigating risks to public health and safety.
13Mr. Theodore opined that the proposed settlement conforms with the Growth Plan for the Greater Golden Horseshoe (“Growth Plan”) by optimizing existing infrastructure and surface transit, contributing to growth as envisioned within the delineated built-up Bronte Village Growth Area and meeting the objectives of a complete community.
Livable Oakville Plan (“LOP”)
14It is the opinion of Mr. Theodore that the proposed settlement meets the goals, objectives, and key principles of the LOP.
15As the Subject Site is locate in the “Gateway” area of the designated Bronte Village, Mr. Theodore states that the proposed development allows for an appropriate height for a mixed-use building. It is his opinion that this height achieves an appropriate transition between the high-rise tower neighbourhood and mid-rise commercial neighbourhood of Bronte Village.
16Mr. Theodore informed the Tribunal that the proposed settlement allows for a development of the Subject Site that has a built form massing with appropriate setbacks, step backs, and building separation. The podium creates a contextually sensitive street wall that revitalizes a pedestrian friendly streetscape, with year-round animation and activity as desired for the Gateway to Bronte Village.
17The Tribunal was informed that the Applicant and the Town have addressed the parkland needs through a cash-in-lieu agreement.
ANALYSIS AND FINDINGS
18In determining this matter, the Tribunal accepts and adopts the uncontested land use planning evidence and expert opinions provided by Mr. Theodore. The Tribunal is persuaded by the evidence that the proposed settlement promotes efficient development of land, accommodates a range of appropriate mixed uses, intensifies uses within the settlement area, and contributes to the range of housing options, and in particular, permits a mix of uses that promotes year-round animation, activity and diversity of dwelling options along the main street as desired in the LOP.
19The Tribunal finds that the settlement is consistent with the policy direction established by the PPS and conforms to the relevant directives established by the Growth Plan, and as maintained by the LOP. The Tribunal is further satisfied that the proposal has due regard for matters of provincial interest, is consistent with the principles of good land use planning and is in the greater public interest. Moreover, the proposal furthers the goals and objectives of the provincial planning regime to increase housing opportunities and develop underutilized areas in an organized fashion.
ORDER
20THE TRIBUNAL ORDERS that the Region of Halton be granted Party Status.
21That the appeal is allowed in part and the Town of Oakville, Liveable Oakville Plan and Zoning By-law No. 2014-014 are hereby amended in accordance with Attachment 1 and 2, respectively.
22Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order shall be, and was, effective as of the date of the hearing of this Appeal, and the delivery of the Oral Decision and Order of the Tribunal, on Tuesday, July 26, 2022.
“Steven Cooke”
STEVEN COOKE 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.
ATTACHMENT 1
ATTACHMENT 2