Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 18, 2023
CASE NO(S).: OLT-22-004487, OLT-22-004833
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Bronte River Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development with detached dwelling, townhouse dwellings, and a relocated heritage building
Reference Number: Z.1531.03
Property Address: 1300, 1316, 1326, 1342 & 1350 Bronte Road
Municipality/UT: Oakville/Halton
OLT Case No: OLT-22-004487
OLT Lead Case No: OLT-22-004487
OLT Case Name: Bronte River Limited Partnership v. Oakville (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Bronte River Limited Partnership
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development with detached dwelling, townhouse dwellings, and a relocated heritage building
Reference Number: 24T-21009/1531
Property Address: 1300, 1316, 1326, 1342 & 1350 Bronte Road
Municipality/UT: Oakville/Halton
OLT Case No: OLT-22-004488
OLT Lead Case No: OLT-22-004487
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eaglewood Communities Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit development of a 4-storey condo having 71 units in Oakville
Reference Number: OPA1531.04
Property Address: 1354 Bronte Road
Municipality/UT: Town of Oakville
OLT Case No.: OLT-22-004833
OLT Lead Case No.: OLT-22-004833
OLT Case Name: Eaglewood Communities Inc. 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: Eaglewood Communities Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit development of a 4-storey condo having 71 units in Oakville
Reference Number: Z1531.04
Property Address: 1354 Bronte Road
Municipality/UT: Town of Oakville
OLT Case No.: OLT-22-004834
OLT Lead Case No.: OLT-22-004833
Heard: November 30, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Bronte River Limited Partnership | Patrick Harrington*, Meaghan Barrett* (in absentia) |
| Eaglewood Communities Inc. | Russell Cheeseman*, Stephanie Fleming* |
| Town of Oakville | Jennifer Huctwith*, Siraj Syed (Articling Student) |
| Region of Halton | Kelly Yerxa*, Brittany Maione* (in absentia) |
| Conservation Halton | Konstantine Stavrakos* |
| Dennis Khanna | |
| Michael Barton |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON NOVEMBER 30, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“CMC”) regarding appeals pursuant to sections 34(11) and 51(34) of the Planning Act (“Act”) by Bronte River Limited Partnership (“Bronte River”) against the Town of Oakville’s (“Town”) refusal or neglect to make a decision on applications for a Zoning By-law Amendment (“ZBA”) and a Draft Plan of Subdivision (“Draft Plan”) in relation to the property located at 1300, 1316, 1326, 1342 and 1350 Bronte Road, in the Town (“Bronte Property”). These appeals (lead file OLT22-004487) will be referred to as the “Bronte River Appeals”.
2This was also the second CMC regarding appeals pursuant to sections 22(7), 34(11) and 51(34) of the Act by Eaglewood Communities Inc. (“Eaglewood”) against the Town’s refusal or neglect to make a decision on applications for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”) and a Draft Plan of Subdivision (“Draft Plan”) in relation to the property located at 1354 Bronte Road, in the Town (“Eaglewood Property”). These appeals (lead file OLT22-004833) will be referred to as the “Eaglewood Appeals”.
3At the previous CMCs, it was determined that:
a. the Region of Halton (“Region”), Conservation Halton (“CA”) and Dennis Khanna were each granted Party status in the Bronte River Appeals;
b. the Region and CA were each granted Party status in the Eaglewood Appeals;
c. the Trafalgar Historical Society was granted Participant status in the Eaglewood Appeals; and,
d. the Bronte River Appeals and the Eaglewood Appeals will be heard together in two Phases.
Update
4Counsel for the Town, Ms. Huctwith, advised the Tribunal that the Parties and the Town were well on their way towards achieving a settlement in both appeals. She highlighted that Town Council had provided settlement instructions and that the Parties had agreed, in principle, on a path forward for both files. She also explained that there had been amendments to each application resulting in an increase in the number of units on each site.
5The Bronte River application features a change from a public road to a private road which will allow for a modest increase in unit count, and which required an additional Official Plan Amendment (“Bronte River OPA”). Ms. Huctwith advised that the Bronte River OPA was adopted by Town Council on November 13, 2023 and was subject to a public process. She explained that Monday, December 11, 2023 would be the last date for an appeal to be filed regarding that OPA. While an appeal is not anticipated, should one be received, Ms. Huctwith suggested that it be consolidated with the original Bronte River Appeals of the ZBA and Draft Plan and be dealt with at the Phase 1 Hearing scheduled for February 2024.
6Ms. Huctwith also advised that, given the settlement discussions, the full ten hearing days scheduled for February 5-16, 2024, were no longer required and it was suggested that the first five days be released. Counsel for Bronte River and Eaglewood concurred with the release of those dates.
7Ms. Huctwith described the amendments to the Eaglewood OPA and ZBA appeals. The first amendment involves adding Block 7 of the Bronte River land to the Eaglewood OPA and ZBA in order to deal with zoning for the building; Ms. Huctwith identified that this amendment did not trigger a need for additional notice. However, the second amendment proposes a change from a four-storey building with 71 units, to a six-storey building with 110 units. It was the Town’s position that this amendment is a significant enough change to require that additional notice be provided to allow any potential new requests for Party or Participant Status.
8Counsel for Eaglewood, Mr. Cheeseman, proposed to re-circulate a revised Affidavit of Service reflecting the new proposal to the same area that received the original notice for the Eaglewood Appeals. He proposed serving notice in late December 2023 with a deadline of February 12, 2024 for any new status requests. Ms. Huctwith suggested a deadline of February 2, 2024, as in the absence of any additional requests for status, Eaglewood could then bring forward their settlement proposal for the Tribunal’s consideration during the scheduled Hearing dates on February 12-16, 2024. Any new status requests could be dealt with at the start of the February Hearing and in the event any new Parties were added, Eaglewood could proceed with the five days April 8-12, 2024 scheduled for the Phase 2 Hearing.
CONCLUSION
9The Tribunal acknowledges the amendments to both the Bronte River Appeals and the Eaglewood Appeals; it is these amended applications which will be dealt with at the upcoming scheduled Hearing dates.
10The Tribunal directs Eaglewood to re-circulate notice reflecting the revised proposal to those who received the original notice of the Eaglewood Appeals. Any additional status requests are to be provided to the OLT Case Coordinator on or before Friday, February 2, 2024.
11In addition, the Tribunal directs the Parties to advise the Tribunal at the earliest opportunity as to whether the Bronte River OPA is being appealed. In the event of an appeal, the issue of consolidation will be considered by the presiding panel of the Tribunal at the start of the February Phase 1 Hearing which has now been rescheduled for Monday, February 12, 2024 at 10 a.m. for five (5) days, and these dates (as required) will be used for the Tribunal to hear that appeal as well as any proposed settlement for the Bronte River ZBA and Draft Plan matters.
12If no additional status requests have been received in the Eaglewood Appeals, Eaglewood may also present its proposed settlement to the Tribunal for consideration during the February dates, following the hearing of the Bronte River matters. Otherwise, Eaglewood may proceed during the Phase 2 dates scheduled for Monday, April 8, 2024 for five (5) days.
13The hearings are scheduled to proceed by video as follows:
Monday, February 12, 2024 at 10 a.m. for five (5) days GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909-787-981 Audio-only telephone line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391
Monday, April 8, 2024 at 10 a.m. for five (5) days GoTo Meeting: https://global.gotomeeting.com/join/719383509 Access code: 719-383-509 Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
14Parties 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.
15Parties 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
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.
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.
18Settlement materials are to be submitted to the Tribunal at least five days in advance of the scheduled hearing dates. These materials should include: a planning Affidavit that supports the proposal (including a Curriculum Vitae and Acknowledgement of Expert’s Duty Form for each witness), separate copies of the draft instruments to be approved (in PDF and Word) as well as confirmation that any Participants have been notified of the settlement and a draft Order.
19So orders the Tribunal.
“S. Bobka”
S. BOBKA 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.