CORRECTION NOTICE
OLT CASE NO(S).:
OLT-22-004272
DECISION ISSUE DATE(S):
February 24, 2023
CORRECTION NOTICE ISSUE DATE:
March 17, 2023
RE: Graywood Bronte Village Limited Partnership v. Oakville (Town)
Correction to: The access code provided in paragraph [19] on page 6.
Originally:
Corrected to:
Access code: 692-655-589
Access code: 692-665-589
“Euken Lui”
EUKEN LUI REGISTRAR
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.
ISSUE DATE:
February 24, 2023
CASE NO(S).:
OLT-22-004272
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Graywood Bronte Village Limited Partnership
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To redevelop the subject property to a nine- storey mid-rise building
Reference Number:
OPA1729.61
Property Address:
2365-2377 Lakeshore Road West
Municipality/UT:
Oakville/Halton
OLT Case No.:
OLT-22-004272
OLT Lead Case No.:
OLT-22-004272
OLT Case Name:
Graywood Bronte Village Limited Partnership v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Graywood Bronte Village Limited Partnership
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To redevelop the subject property to a nine- storey mid-rise building
Reference Number:
Z.1729.61
Property Address:
2365-2377 Lakeshore Road West
Municipality/UT:
Oakville/Halton
OLT Case No.:
OLT-22-004273
OLT Lead Case No.:
OLT-22-004272
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Graywood Bronte Village Limited Partnership
Subject:
Site Plan
Description:
To redevelop the subject property to a nine-storey mid-rise building
Reference Number:
1723.075/01
Property Address:
2365 - 2377 Lakeshore Road West
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-22-004557
OLT Lead Case No:
OLT-22-004272
Heard:
November 29, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Graywood Bronte Village Limited
Denise Baker
Partnership
Town of Oakville Halton Region
Andrew Biggart Brittany Maione
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON NOVEMBER 29, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the appeals of the refusal of the Town of Oakville to make a decision regarding an Application to amend the Official Plan and to amend the Town of Oakville (“Town”) By- law.
THE SITE
2The Property is comprised of two parcels, approximately 0.37 hectares in area total, with 68.6 metres of frontage on the north side of Lakeshore Road West, midway
between Jones Street and Nelson Street. The Property is within Bronte Village, a strategic growth area within the Town's urban structure.
3The site is municipally known as 2365-2377 Lakeshore Road West contains a one-and two-storey strip plaza with four ground floor retail units and four second floor residential units over part of the building. Surface parking is provided along both the front and rear lot areas. The parcel at 2377 Lakeshore Road West is undeveloped and utilized as an unpaved parking lot.
THE APPLICATIONS
4The development proposal application submitted on March 31, 2022, seeks to redevelop and intensify an underutilized site within Bronte Village. Specifically, the Applications seek approval for a nine-storey mid-rise building containing 180 residential condominium units, 673 square metres of retail space and a total of 161 parking spaces. Of the 161 parking spaces, 155 are proposed on two levels of underground parking (147 for residential units and nine for visitor parking) and six are proposed at- grade for the proposed retail uses.
1. Application for Official Plan Amendment (“OPA”)
The Property is designated Main Street 1 (MU1) on Schedule P1 of the Livable Oakville Plan. The Property is also identified on Schedule F as being within one of the Town's Growth Areas. The MU1 designation allows for a mixture of residential and commercial uses, with commercial uses at grade. The designation permits a maximum of four storeys, with two additional storeys permitted through bonusing, for a total of six storeys.
The proposed OPA seeks to permit three additional storeys, for a total building height of nine storeys.
2. Application for Zoning By-law Amendment (“ZBA”)
The Property is zoned Main Street 1 - Holding (H1-MU1). Similar to the OPA, the ZBA is required to accommodate the additional building height, as well as reduced parking space provisions. A site specific exception zone is required to facilitate the proposed development.
5The purpose of the Case Management Conference (“CMC”) was to receive status updates from both Parties to organize the hearing of these appeals.
6The Tribunal is in receipt of the Affidavit of Service of Francesca Piazza, the Legislative Coordinator for the Town and is marked as Exhibit No. 1.
PARTY STATUS
7Halton Region (the “Region”) is the upper tier government and sought Party Status to these Appeals as the lands are within Halton Region and therefore, development of the lands is subject to the Region’s Official Plan. The Region is circulated on local municipal OPAs and ZBAs to allow for the opportunity to review and comment on the proposal.
8The Region has site contamination concerns with respect to the Appeals. In addition, there are technical matters associated with site servicing and waste management to also be addressed at the OPA/ZBA stage.
9The Tribunal granted Party Status to Halton Region.
10Michael Klinck sought Party status to these Appeals. At the commencement and throughout the duration of the CMC, Mr. Klinck was not present for any of the proceedings.
11The Tribunal denied Mr. Klinck’s Party Status.
PARTICIPANT STATUS
12The Tribunal received Participant Status requests from the following:
Allan Caldwell
Iona Hine
Joyce Wayne
Jill Rudderham
13The Tribunal granted Participant Status to the requests.
14The Tribunal requested and is in receipt of an updated Procedural Order.
15The Procedural Order is now approved as contained in Schedule 1 to this Decision.
16The Tribunal informed the Parties that an OLT-led mediation is available should they want to continue their efforts to reach an early resolution on this matter.
17Failing an early resolution, the Parties have informed the Tribunal that they will require seven (7) days for a hearing of these appeals.
18The Tribunal hereby schedules a Video Hearing of these appeals commencing on Monday, October 2, 2023 at 10 a.m. Seven days have been set aside. The Hearing will run until October 11, 2023, inclusive but will not sit on October 9, 2023.
19Parties 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/692665589 Access code: 692-655-589
20Parties 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
21Persons 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 as indicated above.
22Individuals 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.
23No further notice will be given.
24The Member is not seized.
25The Procedural Order and all directives in this Decision, the Tribunal so Orders.
“Carmine Tucci”
CARMINE TUCCI
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.
SCHEDULE 1
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Graywood Bronte Village Limited Partnership
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To redevelop the subject property to a nine- storey mid-rise building
Reference Number:
OPA1729.61
Property Address:
2365-2377 Lakeshore Road West
Municipality/UT:
Oakville/Halton
OLT Case No.:
OLT-22-004272
OLT Lead Case No.:
OLT-22-004272
OLT Case Name:
Graywood Bronte Village Limited Partnership v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Graywood Bronte Village Limited Partnership
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To redevelop the subject property to a nine- storey mid-rise building
Reference Number:
Z.1729.61
Property Address:
2365-2377 Lakeshore Road West
Municipality/UT:
Oakville/Halton
OLT Case No.:
OLT-22-004273
OLT Lead Case No.:
OLT-22-004272
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
Graywood Bronte Village Limited Partnership
Subject:
Site Plan
Description:
To redevelop the subject property to a nine-storey mid-rise building
Reference Number:
1723.075/01
Property Address:
2365 - 2377 Lakeshore Road West
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-22-004557
OLT Lead Case No:
OLT-22-004272
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on October 2, 2023 at 10 a.m. The Hearing will run until October 11, 2023, inclusive but will not sit on October 9, 2023.
The parties’ initial estimation for the length of the hearing is 7 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1 to this Order.
The parties and participants identified at the case management conference are set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the
representative’s name, address, email address and the phone number as soon as possible.
- Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on
the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before June 2, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before June 23, 2023 land use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 7, 2023.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before August 4, 2023, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before August 25, 2023, Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence and in accordance with paragraph 22 below.
On or before September 1, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below.
On or before August 28, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before September 22, 2023 the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 22, 2023.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 22, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized. So orders the Tribunal.
ATTACHMENT 1 SUMMARY OF KEY DATES
Date
Hearing Event
June 2, 2023
Exchange of List of Witnesses
June 23, 2023
Expert Witness Meeting
July 7, 2023
Filing of Statement(s) of Agreed Facts and Issues
August 4, 2023
Exchange of Witness Statements
August 25, 2023
Exchange of Reply Witness Statements
September 1, 2023
Delivery of Participant Statements
September 22, 2023
Exchange of Visual Evidence
August 28, 2023
Confirmation to Tribunal if all reserved hearing dates are still required
September 22, 2023
Filing of Joint Document Book
September 22, 2023
Filing of Hearing Plan
October 2, 2023
Hearing Commences
ATTACHMENT 2 PARTIES AND PARTICIPANTS
PARTIES
Graywood Bronte Village Limited Partnership
WeirFoulds LLP
1525 Cornwall Rd, Suite 10 Oakville, ON Canada
L6J 0B2
Denise Baker 905-829-5090
Town of Oakville
Town of Oakville 1225 Trafalgar Road Oakville, ON Canada L6H 0H3
Jennifer Huctwith
905-845-6601, Ext. 3017
Region of Halton Region of Halton 1151 Bronte Road Oakville, Ontario L6M 3L1
Brittany Maione brittany.maione@halton.ca
PARTICIPANTS
Allan and Lucie Caldwell
2382 Sovereign Street, Oakville 905-827-1905
Iona Hine 905-510-8394
Jill Rudderham 905-847-0487
Joyce Wayne (represented by VK Legal Services - Sandy Von Kaldenberg) 416-528-8623
Sandy Von Kaldenberg 905-439-8970
ATTACHMENT 3
ISSUES LIST
Town of Oakville
Do the proposed amendments to the Official Plan and Zoning By-law have regard for Section 2 of the Planning Act, specifically section 2(h), (n),( p) and (r)?
Are the proposed amendments to the Official Plan and Zoning By-law consistent with the Provincial Policy Statement (2020), in particular Policies 1.1.3, 1.2.1, and 1.4?
Do the proposed amendments to the Official Plan and Zoning By-law adequately demonstrate conformity with the Growth Plan for the Greater Golden Horseshoe (2020), in particular Policies 1.2.1, 2.2.1and 2.2.2.3, and 2.2.6?
Do the proposed amendments to the Official Plan and Zoning by-law have sufficient regard to the results of the Bronte Village Growth Area Review (2017), conducted in support of the review of the local and regional official plans?
Do the proposed Official Plan and Zoning By-law amendments conform to the Guiding Principles of the Livable Oakville Plan, in particular Policies 2.2.1 a,) and
2.2.2 c)?
Do the proposed Official Plan and Zoning By-law amendments conform to Sections 3 (Urban Structure) and 4 (Managing Growth and Change) of the Livable Oakville Official Plan, in particular Policies 3.6 and 4.1 as they relate to the role of Bronte Village as a Main Street Area?
Do the proposed Official Plan and Zoning By-law amendments conform to the Livable Oakville Official Plan by implementing the goals and objectives for the Bronte Village Growth Area set out in Section 24?
Do the proposed Official Plan and Zoning By-law amendments conform to the Livable Oakville Official Plan by providing a development that reflects the “Development Concept” for Bronte Village as set out in section 24.3, in particular Policy 24.3.1?
Do the proposed Official Plan and Zoning By-law amendment applications conform with the general and area specific urban design policies of the Livable Oakville Official Plan set out in Policies 6.4.1, 6.4.2, 6.9.1 to 6.9.15, 24.5.2,
24.5.3 c) 24.5.4 b), and 24.5.8?
- Do the applications for Official Plan and Zoning By-law amendment have sufficient regard for the provisions of the Livable by Design Manual, more specifically Part A (Urban Design Direction for Oakville) and Part B (Urban
Design Direction for Bronte Village) as required by Policies 6.1.2 and 24.5.2 of the Livable Oakville Plan.
Does the proposed zoning by-law amendment result in appropriate zoning standards necessary to implement the development of the site?
Are the setbacks and other standards applicable in the MU1 zone (which provides for a maximum height of 4 storeys) appropriate given the proposed increase in height?
Is the number of parking spaces proposed sufficient for the proposed development?
Is there sufficient water and wastewater available to support the proposed development? Is it appropriate for the existing holding provision (H1) to remain on the land?
Has the application for zoning by-law amendment demonstrated that the proposed development would allow for the management of stormwater and the prevention of off-site drainage impacts in accordance with Policies 10.10.1, 10.10.4, 10.10.7, 10.10.8, 10.10.9, and 10.10.12 of the Livable Oakville Official Plan), and applicable town standards? Is the retention of the existing holding provision (H1) required for servicing agreements with the Town regarding stormwater management?
Considering the answers to the questions above, does the approval of the applications result in a development that represents good planning?
Site Plan Issues
Do the proposed grading and drainage plans, and stormwater management measures demonstrate that stormwater and groundwater will be appropriately managed in accordance with applicable standards and policies? Is the proposed reliance on adjacent town lands as part of the stormwater management strategy appropriate?
Are changes to the design of the building or site plan required to implement the urban design policies and guidelines referenced above and Part C (Site Design and Development Standards for Oakville) of the Livable by Design Manual?
Does the proposed development provide appropriate locations for barrier free parking spaces and paratransit vehicles?
Does the location of the proposed building, including below grade features such as the parking garage, and associated site grading result in unacceptable
adverse impacts to existing trees both on-site and in proximity to the subject lands?
- If a site plan for the development is to be approved, what conditions are required to mitigate negative impacts or achieve good planning and compliance with town standards?
Region of Halton
Are the proposed amendments to the Official Plan and Zoning By-law consistent with the Provincial Policy Statement (2020), in particular Policy 3.2.2 regarding the issues identified herein and to be addressed in the context of the ROP?
Have the subject lands and proposed use been adequately assessed and appropriately addressed from a site contamination perspective in accordance with the ROP, including Section 147(17), and the Region’s Protocol for Reviewing Development Applications with Respect to Contaminated or Potentially Contaminated Sites?
If the proposed development is approved is the following holding provision appropriate:
“The Holding (H) Symbol may be removed from the zoning designation by way of an amending Zoning By-law when the following has been completed:
That prior to any site alteration, servicing or grading of the site and to the satisfaction of Halton Region, the Owner submits a Phase Two Environmental Site Assessment (ESA), at minimum (and any further subsequent reports/ documentation as recommended per Phase Two ESA) and a Ministry of the Environment, Conservation and Parks (MECP) acknowledged Record of Site Condition (RSC) that is certified by (a) qualified person(s) as defined under O. Reg. 153/04 and indicates the environmental condition of the site is suitable for the proposed land use (and all environmental documentation, including any ESAs, used for filing the RSC). The Phase Two ESA and any other environmental reports/ documentation must be completed in accordance with O. Reg. 153/04, and signed and stamped by (a) qualified person(s) as defined under O. Reg. 153/04. The author(s) of the environmental reports/ documentation and RSC submitted to the Region must also extend third party reliance to Halton Region. The Owner complies with O. Reg. 153/04 and Halton Region’s Protocol for Reviewing Development Applications with respect to Contaminated or Potentially Contaminated Sites, to the satisfaction of Halton Region.
Notwithstanding subsection (1) above, this Holding (H) Provision does not prevent the issuance of a building permit necessary to authorize: the removal of soil, rock
or fill for the purpose of making an excavation; or the erection of a retaining structure or other structure to support the sides of the excavation, that are erected to assist in the conduct of an investigation in relation to property, or for any other activity necessary to accommodate site remediation for the purpose of filing a Record of Site Condition.”
Has the proposed development and land use been adequately assessed and appropriately addressed from a water and wastewater servicing perspective in accordance with the ROP Sections 58(1.1) and 89(3)?
If a site plan for the development is to be approved, have appropriate conditions to address the Region’s interests as outlined in the Region’s comment letter to the Town on the Site Plan application?
Has the site design been modified to accommodate the Region’s requirements to ensure that waste collection can be provided in a safe manner for a private waste hauler?
If the proposed development is approved, have the Region’s requirements regarding notes on plan, private waste collection letter, and Purchase and Sale or Lease Agreement clauses been addressed?
ATTACHMENT 4 ORDER OF EVIDENCE
Graywood Bronte Village Limited Partnership Town of Oakville
Region of Halton
Graywood Bronte Village Limited Partnership (in reply)