Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2023
CASE NO(S).: OLT-22-004052
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: SmartCentres, SmartREIT (Oakville II) Inc. and SmartREIT (Oakville) Inc.
Subject: Failure of Town of Oakville to announce a decision respecting Proposed Official Plan Amendment 22
Municipality: Town of Oakville
OLT Case No.: OLT-22-004052
OLT Lead Case No.: OLT-22-004052
OLT Case Name: SmartCentres 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: SmartCentres, SmartREIT (Oakville II) Inc. and SmartREIT (Oakville) Inc.
Subject: Application to amend Zoning By-law No. 2014-014 – Neglect or Refusal of application by Town of Oakville
Existing Zoning: MU2-178 (Mixed Use Main Street 2) and MU4-178 (Mixed Use Urban Core)
Proposed Zoning: MU2-178 (Mixed Use Main Street 2) and MU4-178 (Mixed Use Urban Core) – with special provisions
Purpose: To permit a mixed-use building consisting of two residential towers
Property Address/Description: 256, 260 and 294 Hays Boulevard and 271 Oak Park Boulevard
Municipality: Town of Oakville
Municipal File No.: OPA1413.34
OLT Case No.: OLT-22-004052
OLT Lead Case No.: OLT-22-004053
Heard: May 8, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
SmartCentres, SmartREIT (Oakville II) Inc. and SmartREIT (Oakville) Inc. (“SmartCentres”)
C. deSereville
D. Baker
Town of Oakville (“Oakville”)
N. Chandra
Regional Municipality of Halton (“Halton”)
B. Maione
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MAY 8, 2023 AND ORDER OF THE TRIBUNAL
1SmartCentres appealed the absence of decisions by Oakville on an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) sought for lands at the northwest corner of Trafalgar Road and Oak Park Boulevard (“site”).
2SmartCentres and Oakville reached a settlement with revisions to the OPA and ZBA. Halton advised that its issues are fully addressed in the Holding (-H) provisions of the proposed ZBA.
3The Tribunal received written and oral evidence from Emma West, Registered Professional Planner, whom the Tribunal qualified to provide opinion evidence in land use planning. The following findings of the Tribunal are based on Ms. West’s unchallenged evidence, which the Tribunal accepts.
4This 0.9 hectare site is located within the central, eastern edge of Oakville’s “Uptown Core Growth Area” identified in its Official Plan (“OP”) with walkable access to transit and a range of commercial uses.
5The OPA and ZBA will permit a mixed-use development consisting of some 587 residential units within two towers of 26 and 31 storeys, with a five-storey podium including street-facing units and grade level commercial space.
6The planning documents affecting these amendments include: s. 2 of the Planning Act; the Provincial Policy Statement, 2020 (“PPS”); A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“GP”); the Halton Official Plan (“HOP”); and the Oakville Official Plan (“OP”), Zoning By-law (“ZBL”) and Urban Design Manual(s). Several common themes, through the related policies and provisions of the above documents, are implemented by the OPA, ZBA, and resulting development, including:
the efficient and optimal use of land and infrastructure;
the appropriate scale and intensity of development within a growth centre;
a mix of uses with a substantial and warranted number of housing units to help accommodate population growth, including 30 percent of units containing two or more bedrooms;
within close walking distance to a wide range of commercial and service uses;
served by bus transit and within walking distance of the bus terminal, and adjacent and/or near to planned higher order transit along Trafalgar Road and Dundas Street;
reduces carbon emissions through the use of active transportation (e.g., walking, cycling), transit, and less automobile ownership or use, all promoted by Transportation Demand Management measures;
appropriate and desirable urban design including a continuous street wall, height variations, tower floor plate size, and separation of towers;
contributes to the transition of this Uptown Core Growth Area to a taller, higher density, full-service community, all strengthening the image and identity of this area; and,
the mandatory site plan application will help ensure the implementation of these requirements.
7To the two Participants’ written statements citing concerns for traffic and transit congestion, shadowing, and tower height, Ms. West opined as follows, which the Tribunal accepts. Substantial reports by SmartCentres’ transportation consultants were accepted by the Region and Oakville related to the capacity of the road network, the pedestrian and cycling network, and the use of transit, including the planned higher order transit to serve this area. Studies were conducted which demonstrated no unacceptable effects to surrounding areas from wind, shadowing or overlook, all in accordance with Oakville’s guidelines. To building height, Oakville’s previous bonussing provisions would have permitted taller structures than set out in the ZBL, and the taller structures here evolve from the higher density now supported by the in-force Oakville and Halton policies.
8On the uncontested evidence of Ms. West, the Tribunal finds that the requested OPA and ZBA: have due regard for matters of Provincial interest in s. 2 of the Planning Act; conform with the GP; are consistent with the PPS; conform with the HOP; are suitable amendments within the policies and provisions of Oakville’s OP and ZBL; and thus, represent good planning in the public interest.
ORDER
9The Tribunal Orders that the Appeal is allowed in part, and:
the Town of Oakville Official Plan is amended as set out in the attached Schedule “A”; and
the Town of Oakville Zoning By-law No. 2014-014 is amended as set out in the attached Schedule “B”.
10The Clerk of the Town of Oakville may format and number the amendments for record keeping purposes.
“S. Tousaw”
S. TOUSAW
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.