Oakville Developments (2010) Inc. v. Oakville (Town), 2023 CanLII 46265

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

May 26, 2023

CASE NO(S).:

OLT-22-002506

OLT-22-004825

(Formerly PL200333)

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:

May 1, 2023 by video hearing (“VH”)

APPEARANCES:

Parties

Counsel

Oakville Developments (2010) Inc.

P. Harrington A. Skinner (in absentia)

Regional of Halton

K. Yerxa

Town of Oakville

J. Huctwith D. Baker (in absentia)

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

J. Lesage P. Morley (in absentia)

Metro Ontario Real Estate Limited

S. Spitz C. Harris (in absentia)

12046906 Ontario Inc.

N. Smith J. De Marinis

MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID CLOS AND WILLIAM R. MIDDLETON ON MAY 1, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the third Case Management Conference (“CMC”) held for this proceeding. The background in this matter was described in the Ontario Land Tribunal (“OLT”) Decisions issued on April 9, 2021 and March 29, 2023, arising from the previous CMCs and need not be repeated here.

2The Parties submitted a draft Procedural Order and Issues List (“PO”) prior to the CMC.

3The Parties reported that they had received instructions from their clients to pursue Tribunal-led mediation. The Panel advised that the Parties may contact the Case Coordinator to initiate this request for mediation at their convenience.

4The Parties sought a merit hearing for this matter which they estimated would require 15 days. The Panel scheduled a 14-day VH to commence on Monday, June 24, 2024, at 10 a.m. until Friday July 12, 2024 (not sitting on Monday, July 1, 2024).

5Parties 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/660145013

Access code: 660-145-013

6Parties 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

7Persons 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 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 660-145-013.

8Individuals 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.

9The Parties requested that a fourth CMC be scheduled in late 2023 for the purpose of potentially scoping issues, commencing a settlement hearing, or providing a forum for Parties to withdraw their status. On consent, the Panel scheduled a VH for a CMC on Monday, December 4, 2023.

10Parties 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/709076365

Access code: 709-076-365

11Parties 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

12Persons 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 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 709-076-365.

13Individuals 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.

14Subsequent to the CMC, the Parties submitted a revised PO to reflect the scheduled hearing dates described above in paragraphs [4] and [9].

ORDER

15The Tribunal Orders that the Procedural Order appended as Attachment A hereto shall govern the conduct of this proceeding.

16No further notice will be given.

17The Panel is not seized but is available through the Case Coordinator should procedural issues arise.

“Astrid J. Clos”

ASTRID J. CLOS

MEMBER

“William R. Middleton”

WILLIAM R. MIDDLETON

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 A

PROCEDURAL ORDER

ISSUE DATE: May 26, 2023 CASE NO(S).: OLT-22-002506

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:

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 and Appellant:

April Investments Limited

Applicant and Appellant:

527079 Ontario Limited

Applicant and Appellant:

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:

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

1. 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

2. The video hearing will begin on June 24, 2024 at 10:00 a.m. The hearing will be conducting virtually.

3. The parties’ initial estimation for the length of the hearing is 14 hearing days. The Tribunal will not be sitting on Monday, July 1, 2024. 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.

4. The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

5. 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.

6. 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.

7. 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.

8. 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

9. 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 Friday, February 9, 2024 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. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal's Rules and notice of same must be served on the other Parties on or before Friday, March 1, 2024.

10. Expert witnesses in the same field shall have a meeting on or before Friday, March 15, 2024 and 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 Friday, March 29, 2024.

11. 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.

12. 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.

13. On or before Wednesday, April 24, 2024, 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.

14. On or before Wednesday, April 24, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on for before Friday, May 24, 2024 and in accordance with paragraph 22 below.

16. On or before Friday, May 31, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Friday, June 14, 2024, 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.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, June 14, 2024.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, June 17, 2024 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.

22. All filings shall be submitted electronically. 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.

23. 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.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 - SUMMARY OF DATES

DATE

EVENT

February 9, 2024

Exchange of witness lists (names and disciplines)

March 1, 2024

Last date to challenge identification of expert witness

March 15, 2024

Experts meeting prior to this date, if any

March 29, 2024

Agreed Statement of Facts, if any

April 24, 2024

Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

May 24, 2024

Exchange of Reply Witness Statements (if any)

May 31, 2024

Confirm with the Tribunal if all the reserved hearing dates are still required

June 14, 2024

Exchange of visual evidence (if any)

June 14, 2024

Finalize Joint Document Book

June 17, 2024

Hearing Plan filed with the Tribunal

June 24, 2024 (14 days)

Hearing commences

ATTACHMENT 2 - LIST OF PARTIES AND PARTICIPANTS

PARTIES:

Oakville Developments (2010) Inc.

Patrick Harrington Aird & Berlis LLP pharrington@airdberlis.com

Andrea Skinner Aird & Berlis LLP askinner@airdberlis.com

April Investments Limited 527079 Ontario Limited Trans County Development Corporation Limited

Julie Lesage Borden Ladner Gervais LLP jlesage@blg.com

Piper Morley Borden Ladner Gervais LLP pmorley@blg.com

Town of Oakville

Denise Baker WeirFoulds LLP dbaker@weirfoulds.com

Jennifer Huctwith The Corporation of the Town of Oakville jennifer.huctwith@oakville.ca

Regional Municipality of Halton

Kelly Yerxa Legal Services, Halton Region brittany.maione@halton.ca

12046906 Ontario Inc.

Nancy Smith Turkstra Mazza Associates nsmith@tmalaw.ca

Jessica De Marinis Turkstra Mazza Associates jdemarinis@tmalaw.ca

Metro Ontario Real Estate Limited

Conner Harris Rayman Harris LLP conner@rbllp.com

PARTICIPANTS:

The West River Village Residents’ Association

Nicole LeBlanc templenicole@hotmail.com

Yolanda Kennish Yolanda.kennish@gmail.com

Toll Warren (Representative) bigwig@istar.ca

ATTACHMENT 3 - ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

A. Town of Oakville

1. Do the development proposal and implementing Official Plan Amendment have appropriate regard for the relevant matters of provincial interest enumerated in section 2 of the Planning Act, including the matters set out in sections 2(h) therein?

2. Does the development proposal rely on future and uncertain road capacity to be achieved through the Kerr Street underpass project? Are the proposed policies appropriate if the project is cancelled or delayed?

3. Has the analysis of the existing and future transportation network been sufficient to determine that the total future traffic volumes (including traffic generated by the proposed development) can be accommodated within the network over the appropriate horizon years?

4. Has the analysis of the existing and future transportation network been sufficient to determine the extent to which development can be accommodated within the network prior to or during the construction of the Kerr Street underpass project?

5. Is the proposed amount of non-residential gross floor area appropriate, and does it conform to the policies of the Growth Plan which require the development of complete communities?

6. Should the proposed Official Plan Amendment provide further details with respect the nature of the non-residential development, including a range of sizes for commercial units?

7. Are additional or different policies required to provide for the maintenance of a food store and support the achievement of a complete community, as required by the Growth Plan, including sections 2.2.1(4), 2.2.2(3), 2.2.5(15).

8. Are additional or different phasing/transition/holding policies required to:

(a) Provide adequate phasing of retail uses and minimize disruptions in access to a grocery store and the continued operation of parts of the existing plaza during redevelopment of parts of the existing plaza.

(b) Provide for an adequate amount of retail on a long term and interim basis given the established function of the site as a retail centre for the surrounding area to support the achievement of the Growth Plan, and Sections 13.1.1. and 13.1.2 of the Town’s Official Plan?

(c) Achieve phasing commensurate with infrastructure and infrastructure planning in accordance with the Provincial Policy Statement section 1.2.

(d) Achieve phasing commensurate with transportation capacity, including multi-modal transportation in accordance with Provincial Policy Statement section 1.2.

(e) Achieve phasing of residential uses together with non-residential uses and parkland and to ensure the development of a complete community: and

(f) Otherwise require the orderly development of the lands subject to the Official Plan Amendment.

B. Regional Municipality of Halton

1. Does the draft Official Plan Amendment contain policies to implement land use compatibility (setbacks, need for future studies re stationary noise) in relation to abutting employment lands and transportation facilities).
2. Has the draft OPA identified Class 4 area(s) to ensure compatibility is achieved with employment lands which directly abut the lands to the west of the OPA area?
3. Does the draft OPA ensure that future development applications will require a compatibility assessment at a site-specific level including noise / vibration + air quality as required for a Class 4 area?
4. Does the draft OPA contain policies that provide for source and/or site receptor mitigation actions?
5. Does the draft OPA provide from a property and noise/vibration impact perspective that railway setback is appropriately shown and any land requirement accommodated.
6. Does the draft OPA provide for risk mitigation to be addressed in the zoning and site plan stage?
7. Does the draft OPA address the need for Functional Servicing Reports at both a site-specific policy perspective for any subsequent applications and that such an FSR considers the OPA area in a comprehensive manner.
8. Does the draft OPA contain policies related to the Region’s waste management requirements (Region’s Design Guidelines)?
9. Does the draft OPA contain policies that require a ESA review at the time of future development application and the need for future site contamination investigations.

C. 12046906 Ontario Inc.

1. Do the policies in draft Official Plan Amendment No. 51 provide for the optimization of the redevelopment of the lands located in Area D?

2. Are the policies are consistent with the Provincial Policy Statement, 2020, in particular, but not limited to the following policy sections:

• Section 1.1 (Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns)

o Policy 1.1.1 (e) promoting the integration of land use planning, growth management, transit-supportive development, intensification and infrastructure planning to achieve cost-effective development patterns, optimization of transit investments, and standards to minimize land consumption and servicing costs;

• Section 1.1.3 (Settlement Area)

o Policy 1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for transit-supportive development, accommodating a significant supply and range of housing options through intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs.

o Policy 1.1.3.6 New development taking place in designated growth areas should occur adjacent to the existing built-up area and should have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities.

• Section 1.4 (Housing)

o Policy 1.4.1 To provide for an appropriate range and mix of housing options and densities required to meet projected requirements of current and future residents of the regional market area

o Policy 1.4.3 Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected market-based and affordable housing needs of current and future residents of the regional market areas by:

(e) requiring transit-supportive development and prioritizing intensification, including potential air rights development, in proximity to transit, including corridors and station

3. Are the policies are in conformity with the Greater Golden Horseshoe, 2020, in particular, but not limited to the following Sections:

• Section 1.2.1 (Guiding Principles)

o Support a range and mix of housing options, including additional residential units and affordable housing, to serve all sizes, incomes and ages of households

• Section 2.2 (Policies for Where and How to Grow)

o Policy 2.2.1.3 (c) (Managing Growth) optimize infrastructure particularly along transit and transportation corridors to support the achievement of complete communities through a more compact built form

o Policy 2.2.1.4 (a) (Managing Growth) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities;

o Policy 2.2.6.1 (a) and (e) (Housing) Upper- and single-tier municipalities, in consultation with lower-tier municipalities, the Province and other appropriate stakeholders, will:

1. Support housing choice through the achievement of the minimum intensification and density targets in this Plan, as well as the other policies of this Plan by:

i Identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents; and

o Policy 4.2.5 (Public Open Space)

1. Municipalities, conservation authorities, non-governmental organizations, and other interested parties are encouraged to develop a system of publicly-accessible parkland, open space, and trails, including in shoreline areas, within the GGH that:

a) Clearly demarcates where public access is and is not permitted;

b) Is based on a co-ordinated approach to trail planning and development; and

c) Is based on good land stewardship practices for public and private lands

2. Municipalities are encouraged to establish an open space system within settlement areas, which may include opportunities for urban agriculture, rooftop gardens, communal courtyards, and public parks.

3. Are the policies in conformity with the Regional Official Plan Amendment (49), in particular but not limited to the following Sections:

• Section 77. It is the policy of the Region to:

o (1) Prepare, in consultation with the Local Municipalities, and adopt population, employment and Regional phasing forecasts in accordance with the distribution of population and employment contained in Table 1.

o (2.2) Provide an Annual Intensification Monitoring Report to Council that will include, for each Local Municipality and for the Region as a whole:

• a) the number of new housing units occurring in the Built-Up Area, in the previous year.

o (2.3) d) in consultation with the Local Municipalities and the development industry, investigating incentives to promote intensification and seek Provincial assistance, financial or otherwise, to support such incentives

o (5) Require the Local Municipalities to prepare Area-Specific Plans or policies for major growth areas, including the development or redevelopment of communities. The area may contain solely employment lands without residential uses or solely a Strategic Growth Area. Such plans or policies shall be incorporated by amendment in to the Local Official Plan and shall demonstrate how the goals and objectives of this Plan are being attained and shall include among other things:

• E) land use patterns that promote mixed-use, compact, transit-supportive, walkable communities, including the locations of local facilities for social ,cultural, recreational, educational and religious purposes

• F) location, types and density of residential and employment lands that contribute to creating healthy communities through:

i. i. Urban design

ii. ii. Diversity of land uses

iii. iii. Appropriate mix and densities of housing

iv. iv. Provision of local parks and open space

v. v. Strengthening live-work relationship through a proper balance of residential and employment land uses, and

vi. vi. Promoting active transportation and public transit use

• I) development phasing

o (6) Require Local Official Plans to specify development phasing strategies within the Urban Area consistent with the policies of this Plan, giving priority to achieving the distribution and Regional phasing as set out in Tables 1, 2, and 2a, development of Strategic Growth Areas, employment lands, infilling and completion of existing neighbourhoods and communities. Each development phase shall support the creation of healthy communities.

o (18) Require the Local Municipalities to include in their Official Plans detailed sub-phasing policies to set out additional local requirements for the progression of development from one sub-phase to the next in accordance with the policies of this Plan

5. Are the policies in conformity with the Livable Oakville Plan, in particular but not limited to the following Kerr Village Functional Policies Section:

• Section 23.4.1 Transportation

o a) The Town will introduce transit service improvements at an early stage in the development of Upper Kerr Village District. As revitalization of this district evolves it will be serviced by the extension of improved transit levels of service, including transit priority measures and infrastructure required to create an efficient and attractive transit environment.

o B) Through the development process, attractive transit environments are encouraged to include transit passenger amenities, minimal surface parking, and other travel demand management strategies to encourage transit ridership.

• Section 23.4.2 Minimum Density

o A minimum planned density shall be established for Kerr Village through Provincial plan conformity coordinated with Halton Region.

6. Should the policies in Official Plan Amendment No. 51 be amended to provide for an equitable distribution of redevelopment and an optimized redevelopment of Area D based on the park and road locations as proposed through Schedule O1?

7. Should the policies in Section 23.7.1 i) b) iv) Area D be revised as follows to most effectively provide consistency and conformity with Provincial and Regional policies and provide for the greatest opportunities for a range and mix of housing options?

iv) Area D

A maximum of one tall building up to a maximum height of 27 storeys, provided the building is located adjacent to the rail corridor. Additional mid-rise and tall buildings may be permitted through a development process, as long as a transition to the established residential neighbourhood is achieved. The location and size of retail commercial to be provided shall be determined through a development process.

8. Should the phasing policies in Section 23.7.1 g) ii) be revised as follows to exclude Area D from the policies limiting the maximum floor space index prior to the construction of the Kerr Street grade separation based on the lack of impact of the Kerr Street grade separation for development and phasing on Area D:

ii. A maximum floor space index of 2.1 shall be permitted prior to construction of the Kerr Street grade separation for Areas A, B and C. A minor increase may be considered without amendment to this Plan where it can be demonstrated that long-term development shall still be coordinated with provision of the Kerr Street grade separation, and transportation infrastructure including road network capacity, provision of frequent transit, improved pedestrian and cycling facilities, and transportation demand management strategy.

9. Should Area D be exempt from the phasing plan requirements?

10. Are the policies consistent with the Provincial Policy Statement, 2020? In particular, but not limited to the following policy sections:

• Section 1.1.3 (Settlement Areas)

o Policy 1.1.3.7 Planning authorities should establish and implement phasing policies to ensure:

a. a) That specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas; and

b. b) The orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs.

11. Are the policies in conformity with the A Plan to Growth: Growth Plan for the Greater Golden Horseshoe, 2020? In particular, but not limited to the following policy sections:

12. Section 2.2 (Policies for Where and How to Grow)

i. Policy 2.2.1.3 (c) (Managing Growth) optimize infrastructure particularly along transit and transportation corridors to support the achievement of complete communities through a more compact built form

12. Should Section 23.8 c) i) be amended to provide for flexibility in the shape of the proposed park as shown on Schedule O1 without the need for an amendment to the Plan:

i. is a minimum of 0.4 hectares in size and located as conceptually shown on Schedule O2; The urban park shape may be adjusted without amendment to the Plan

13. Should the implementing urban design guidelines be amended to remove fixed heights?

D. Metro Ontario Real Estate Limited

1. Do the applications, or any proposed modifications to the applications, unduly restrict the existing and future use by Metro of its leased premises and its operations on those premises;

2. Do the applications, or any proposed modifications to the applications, adequately account for access to Metro’s existing and future operations;

3. Do the applications, or any proposed modifications to the applications, adequately make provision for reasonable access to quality grocery and food service options in the area of planned development; and

4. Are the proposed minimum commercial floor area requirements in the applications, or any proposed modifications to the applications, appropriate.

ATTACHMENT 4 - ORDER OF EVIDENCE

1. Appellants:

a. Oakville Developments (2010) Inc.

b. April Investments Limited

c. 527079 Ontario Limited

d. Trans County Development Corporation Limited

2. Town of Oakville

3. Region of Halton

4. 12046906 Ontario Inc.

5. Metro Ontario Real Estate Limited

6. Appellants Reply (if any)

• Note: The order of evidence may be modified and shall be confirmed in the hearing plan to be filed with the Tribunal.

ATTACHMENT 5 -PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

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