Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 29, 2023

CASE NO(S).: OLT-22-002506, OLT-22-004825

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Oakville Developments (2010) Inc.

Subject: Application amend Zoning By-law No. 2014-014 - Refusal of Application by the Town of Oakville

Existing Zoning: HI-MU3

Proposed Zoning

Site Specific MU4

Purpose: To permit a mixed-use development consisting of three 16-storey apartment towers inclusive of a 6-storey podium with 2,415 m2 of commercial uses at grade and 472 dwelling units

Property Address/Description: 550 Kerr Street

Municipality: Town of Oakville

Municipality File No.: Z.1616.55

OLT Case No.: OLT-22-002506

Legacy Case No.: PL200333

OLT Lead Case No.: OLT-22-002506

Legacy Lead Case No.: PL200333

OLT Case Name: Oakville Developments (2010) Inc. v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Oakville Developments (2010) Inc.

Applicant: April Investments Limited

Applicant: 527079 Ontario Limited

Applicant: Trans County Development Corporation Limited

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Purpose: To permit approximately 1,841 residential units in 11 buildings with a maximum proposed building height of up to 28 storeys for some of the buildings; a new park and a new urban square, and the westerly extension of Shepherd Road and northerly extension of St. Augustine Drive

Property Address/Description: 560-584, 550, 530 Kerr Street and 131, 171 Speers Road

Municipality: Town of Oakville

Municipality File No.: OPA1616.56

OLT Case No.: OLT-22-004825

OLT Lead Case No.: OLT-22-002506

Heard: February 28, 2023 by video hearing

APPEARANCES:

Parties

Counsel/Representative

Oakville Developments (2010) Inc.

P. Harrington A. Skinner (in absentia)

Regional Municipality of Halton

K. Yerxa

April Investments Limited, 527079 Ontario Limited, Trans County Development Corporation Limited

J. Lesage P. Morley

Metro Ontario Real Estate Limited

C. Harris

12046906 Ontario Inc.

N. Smith J. De Marinis

The Corporation of the Town of Oakville (“Town”)

D. Baker J. Huctwith

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER AND D. CHIPman ON February 28, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION & CONTEXT

1The Tribunal convened a Case Management Conference (“CMC”) for the Zoning By-law Amendment appeal (“ZBA”) and draft Official Plan Appeal (“OPA”) relating to various parcels of land known as the Upper Kerr District Village in the Town of Oakville (“Town”). The matters before the Tribunal in this CMC are as follows:

i. the second CMC with respect to the rejection by the Town of a Zoning By-law Amendment (“ZBA”) pursuant to s.34(11) of the Planning Act (Tribunal File No. OLT-22-002506);

ii. the first CMC with respect to the failure of the Town to make a decision in relation to a draft Official Plan Amendment (“OPA”) pursuant to s. 22(7) of the Planning Act (Tribunal File No. OLT-22-004825).

2The purpose and effect of the ZBA was a site-specific amendment relating to the property located at 550 Kerr Street. The Applicant/Appellant, Oakville Developments (2010) Inc. (“Oakville Developments”), sought an amendment that would permit a mixed-use development consisting of three 16-storey apartment towers inclusive of a six-storey podium with 2,415 m2 of commercial uses at grade and 472 dwelling units.

3At the first CMC held on March 8, 2021, Metrolinx and Tracy Nursall were both granted Party status.

4Party status was also granted to: April Investments Limited (“April Investments”), 527079 Ontario Limited (“520”), and Trans County Development Corporation Limited (“Trans County”). These Parties had a direct interest in the ZBA appeal as they owned/controlled three of the four parcels of land in the immediate vicinity of 550 Kerr Street.

5A subsequent CMC and scheduled hearing of this matter was adjourned as Oakville Developments, April Investments, 520, and Trans County filed a draft Official Plan Amendment (“OPA”) application with the Town. Collectively, these applicants own/control four of the five parcels that comprise the area known as the Upper Kerr Village District (being 560 – 584, 550, 530 Kerr Street and 131, 171 Speers Road).

6The OPA, which is the subject matter of this CMC, seeks to implement the “Urban Core” designation to the Upper Kerr Village District. The re-designation and re-organization of the area would allow for higher/denser forms of mixed-use development commensurate with the area’s proximity to the higher-order transit. It would include approximately 1,841 residential units in 11 buildings, seven of which seek increased height permissions with a maximum proposed building height of 28 storeys, as well as adjustments to the orientation of roads and parks.

7Specific to 550 Kerr Street, the draft OPA would permit a maximum floor space index of 4.4 with permission for two tall buildings up to a maximum height of 22 and 24 storeys and ground floor commercial with a minimum gross floor area of 1,000 m2.

8The Town failed to make a decision on the OPA within the statutory timeframe set out in the Planning Act. Oakville Developments, April Investments, 520, and Trans County (collectively, the “Joint Appellants”) appealed the non-decision to the Tribunal.

CONSOLIDATION

9In keeping with Rule 16.1, the ZBA appeal, (Tribunal File No. OLT-22-002506) will be consolidated with the OPA appeal (Tribunal File No. OLT-22-004825).

10Counsel for Oakville Developments requested that, while the files should be kept together for administrative purposes, the ZBA appeal should remain adjourned until a decision has been made on the OPA.

11Given the fact that the OPA does not mirror the original ZBA in terms of density/height requirements for 550 Kerr Street, the Tribunal agrees that a hearing on the merits of the ZBA should be stayed until the OPA is resolved.

PARTY/PARTICIPANT STATUS REQUESTS

12The Regional Municipality of Halton (“Region”) requested Party status for Tribunal File No. OLT-22-004825. It was noted during the CMC that, as the OPA received exemption status from the Region, the Town rather than the Region was the approval authority. However, the Region pointed out that its regional concerns were still valid: which included land use compatibility, corridor protection, site contamination and waste collection. None of the Parties objected to the Region’s request and the Tribunal granted it Party Status.

1312046905 Ontario Inc. (“120”) also requested Party status for Tribunal File No. OLT-22-004825. 120 owns the largest parcel of land that would be affected by the OPA. It has a direct and clear interest in the appeal. Counsel for 120 noted that the corporation has made submissions on this matter to council and the Joint Appellants. 120’s concerns include the distribution of density, as well as concerns about the road network and the phasing of development. There were no objections and the Tribunal granted 120 Party status.

14The third request for Party status for Tribunal File No. OLT-22-004825 was made by Metro Ontario Real Estate Limited (“Metro”). Metro is a tenant at one of the properties included in the draft OPA. Counsel for Metro stated that its interests in this matter were narrow, that it understood its role and obligations to the Tribunal and would fulfil its obligations in a timely manner. Again, no objections made, and the Tribunal granted Party status to Metro.

15The West River Village Residents’ Association (“Association”) requested Participant status for Tribunal File No. OLT-22-004825. It was confirmed at the CMC by a representative of the Association that it was organized as a corporation. The Tribunal indicated that Participant status was limited to written statements that would be reviewed by the Tribunal for due consideration at a future hearing date. None of the Parties objected to the request and the Tribunal granted Participant status to the Association.

16Yolanda Kennish submitted a request for Participant status for Tribunal File No. OLT-22-004825. None of the Parties objected to the request and the Tribunal granted Participant status to this individual.

WITHDRAWALS

17Metrolinx and Tracy Nursall, who had both been granted Party status at the first CMC, withdrew from the appeal of the ZBA.

SCHEDULING OF THE HEARING AND A FURTHER CMC

18Counsel for Oakville Developments requested that a further CMC be scheduled to provide the Parties with time to produce a draft Procedural Order and consolidated Issues List.

19The Issues List and Procedural Order are to be filed with the Tribunal in advance of the next CMC.

20Hearing dates will be set at the next CMC.

21The Tribunal scheduled a further CMC for Monday May, 1 2023.

22The CMC is scheduled to proceed by video on Monday May, 1 2023 at 10 a.m.

23Parties 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:

GoTo Conference Link: https://global.gotomeeting.com/join/719383509

Access code: 719-383-509

24Parties 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

25Persons 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: 1-888-299-1889 (Toll Free) OR +1 (647) 497-9373. The access code is mentioned above.

26Individuals 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.

OPPORTUNITIES FOR SETTLEMENT DISCUSSIONS

27The Parties agreed that mediation before an Issues List was agreed upon was premature. The Parties were reminded that they may contact the Tribunal Case Coordinator at anytime to make a request for Tribunal-assisted mediation.

ORDER

28The Tribunal orders that Regional Municipality of Halton,12046905 Ontario Inc., and Metro Ontario Real Estate Limited are Parties in this proceeding.

29The Tribunal orders that West River Village Residents’ Association and Yolanda Kennish are made Participants in this proceeding.

30The Tribunal orders that a further CMC will commence by video hearing on Monday, May 1, 2023, at 10 a.m.

31There will be no further notice.

32The Members are not seized.

“G.A. Croser”

G.A. Croser

MEMBER

and

“D. Chipman”

D. Chipman