Ontario Land Tribunal / Tribunal ontarien de l’aménagement
ISSUE DATE: October 11, 2022
CASE NO(S).: OLT-22-003970
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Delmanor West Oak Inc.
Subject: Application to amend Zoning By-law No. 2014-014 - Neglect or Refusal of application by Town of Oakville
Existing Zoning: Private Open Space, Special Provision 122 (O2-122)
Proposed Zoning: Site Specific Private Open Space (O2) zone with a Special Provision
Purpose: To permit an 8-storey seniors’ residence
Property Address/Description: 1280 Dundas Street
Municipality: Town of Oakville
Municipal File No.: Z.1423.07
OLT Case No.: OLT-22-003970
OLT Lead Case No.: OLT-22-003970
OLT Case Name: Delmanor West Oak Inc. v. Oakville (Town)
Heard: September 29, 2022, by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Delmanor West Oak Inc. (“Applicant/Appellant”)
Calvin Lantz*
Town of Oakville (“Town”) Conservation Halton (“CH”)
Jennifer Huctwith* Konstantine Stavrakos*
Whiteoaks Communications Group Limited (“WCG”)
Self-represented
Region of Halton
Jing Bo Yu* Conservation Halton (“CH”).
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This first Case Management Conference (“CMC”) prepares for a hearing on the merits of the appeal by Delmanor West Oak Inc. pursuant to section 34(11) of the Planning Act (“Act”) with respect to the failure of the Town of Oakville (“Town”) to make a decision on an application for an amendment to Zoning By-Law No. 2014-014 affecting 1280 Dundas Street in the Town of Oakville.
2The Applicant’s proposal contemplates the introduction of an eight-storey (8-storey) seniors’ residence on the St. Volodymyr Cultural Centre site. The 8-storey seniors’ residence proposes 315 suites with approximately 27,479 square metres (“m2”) of total net floor area (“NFA”), together with 24 independent living units within four blocks, with approximately 2,928 m2 of total NFA (“Proposed Development” / “Subject Property”). Altogether, the Proposed Development contemplates the introduction of 339 units and 30,407 m2 of total NFA providing a full continuum of care, from independent living suites to assisted care and memory care suites.
Notice
3The Applicant’s Affidavit of Service for Notice of this CMC is marked as Exhibit 1.
Parties
4The statutory Parties are the Appellant and the Town. They do not oppose the following requesters being granted Party status.
5The Tribunal grants Party status to the Regional Municipality of Halton (“Region”). The Region notes that its Official Plan is applicable to these appeals including such matters as site contamination, archeology, and site servicing.
6The Tribunal grants Party status to Conservation Halton (“CH”). The Subject Property is traversed by tributaries of Sixteen Mile Creek, is adjacent to the Sixteen Mile Creek Main Branch, and contains associated flooding and erosion hazards. CH has an interest in seeking party status to resolve outstanding regulatory issues related to natural hazards and has participated through Town discussion since 2021.
7The Tribunal grants Party status to Whiteoaks Communications Group Limited (“WCG”), which is a radio and media company that provides programming to the Greater Toronto Area. WCG is particularly concerned about the height of the seniors’ residence (8 storeys in height) and its effect on radio broadcasting. WCG’s site is the co-location of two AM transmitters that share the same set of six (formerly seven) 186-foot-tall radio telecommunication towers emitting two separate DA-1 radiation patterns – one for CJYE and one for CJMR. The height of the Proposed Development could interfere with WCG’s signal if not properly mitigated.
Mediation
8The Parties indicated they were quite receptive to seeking Tribunal-led mediation. The Parties all agreed that they will engage in discussions in an effort to reduce the issues in dispute and identify whether mediation will assist. The Tribunal noted that mediation information can be obtained through the Case Coordinator.
Next Steps
9On the request of counsel, the Tribunal looked to April, May 2023 as a possible timeframe for the hearing. Based on the expected number of witnesses and the video hearing format, the Tribunal determined that it would be reasonable to schedule the hearing for 11 days.
10The Tribunal advised Counsel that the hearing time is scheduled tentatively and is subject to change based on the number of issues resolved; the review of the Procedural Order (“PO”), including Issues List; and any resolved issues if the Parties were to seek Tribunal-led mediation. Counsel for the Appellant agreed to coordinate the draft PO and Issues List, having each of the Parties submit their issues on or before October 14, 2022.
11The Tribunal directs that the draft PO and Issues List be submitted to the Case Coordinator on or before October 28, 2022, for Tribunal review and approval. The Tribunal also directs Counsel to ensure that the draft PO includes submission of a hearing plan at least 30 days prior to the scheduled hearing.
12The Tribunal directs Counsel to provide the Case Coordinator with any information that may reduce the time allotted for the hearing of the merits.
13The Tribunal orders that the hearing is scheduled to commence at 10 a.m. on Monday, April 3, 2023, for 11 days. The Panel will not sit on the statutory holidays of April 7 and 10,2023, nor on April 17, 2023, due to a Board professional development meeting.
14The Parties 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.
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
15Parties 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.
16Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 656-004-293.
17Individuals 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
18The Tribunal Orders the directions contained in this Decision.
19This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
20No further Notice will be given.
“D. Chipman”
D.CHIPMAN
MEMBER
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.