Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 3, 2023
CASE NO(S).: OLT-21-001741
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant and Appellant: SmartCentres REIT, 2603849 Ontario Ltd. and 2603849 Ontario Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to permit a mixed use, five storey retirement home
Reference Number: OPA 1617.46
Property Address: 105, 113-131 Garden Drive
Municipality/UT: Oakville/Halton
OLT Case No: OLT-21-001637
OLT Lead Case No: OLT-21-001637
OLT Case Name: SmartCentres REIT v. Oakville (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to permit a mixed use, five storey retirement home
Reference Number: Z.1617.46
Property Address: 105,113-131 Garden Drive
Municipality/UT: Oakville/Halton
OLT Case No: OLT-21-001638
OLT Lead Case No: OLT-21-001637
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Site Plan
Description: to permit a mixed use, five storey retirement home
Reference Number: 1617.058.01
Property Address: 105, 113-131 Garden Drive
Municipality/UT: Oakville/Halton
OLT Case No: OLT-21-001741
OLT Lead Case No: OLT-21-001637
Heard: January 20, 2023, by written hearing
APPEARANCES:
Parties
Counsel
SmartCentres REIT, 2603848 Ontario Ltd., and 2603849 Ontario Ltd. (“Applicant/Appellant”)
D. Baker
Town of Oakville (“Town”)
J. Huctwith
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
1This Decision approves the settlement reached by the Applicant and the Town on a Site Plan Application (“SPA”) for a proposed retirement residence at the northeast corner of Garden Drive and Lakeshore Road West in Oakville (“site”).
2The five-storey building will contain (approximately) 131 retirement residence units, with amenity space, below-grade parking, and publicly accessible commercial space on the south frontage facing Lakeshore Road.
3Uncontested written evidence was provided by Bruce Hall, a Registered Professional Planner, whom the Tribunal qualifies here to provide opinion evidence in land use planning. Mr. Hall’s affidavit and attachments are marked as Exhibit 1.
4Official Plan and Zoning By-law Amendments for this site were approved by the Tribunal’s Decision of October 14, 2022, on the settlement of the Parties. The SPA was deferred to allow the Parties to pursue resolving various outstanding issues, which is now accomplished through their settlement.
5Alterations to the SPA include: variations to the west façade facing Garden Drive resulting in desirable massing, scale and surface materials; patio space at the building’s front to better animate the streetscape; a more inviting, accessible main entrance; minor alterations to the size and layout of the below-grade parking garage; and minor landscaping and civil engineering improvements; all resulting in the desirable function, scale, operation and view scape suitable for the site and neighbourhood.
6The Tribunal accepts the uncontested planning evidence filed on consent of the Parties and finds that the SPA satisfies the requirement of s. 41 of the Planning Act, including the location of buildings and structures, access lanes and walkways, accessibility for all persons, lighting, landscaping, waste management, easements, and grading. In keeping with the previous Tribunal Decision for this site, the Tribunal finds that the revised SPA: complies with the Zoning By-law; conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020; is consistent with the Provincial Policy Statement, 2020; and has due regard to matters of provincial interest under s. 2 of the Planning Act. The Parties have agreed to Conditions of SPA which are approved by this Decision.
7The Tribunal congratulates the Parties on their settlement, resulting in a well-planned, needed, and desirable addition to the varied housing supply in Oakville.
ORDER
8The Tribunal Orders that the appeal is allowed in part, and the Site Plan dated November 25, 2022, with related plans and drawings, is approved as contained in Tab 1B of Exhibit 1, subject to Site Plan Conditions dated January 17, 2023, as contained in Tab 1C of Exhibit 1.
“S. Tousaw”
S. tousaw
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.