Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 10, 2024

CASE NO(S).: OLT-23-000599 OLT-23-000627 OLT-23-000911

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

Applicant and Appellant: Oakville Argus Cross LP Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit development of three residential towers which sit above two mixed-use podium buildings Reference Number: OPA1614.78 Property Address: 217-227 Cross Avenue and 571-595 Argus Road Municipality/UT: Oakville/Halton OLT Case No.: OLT-23-000599 OLT Lead Case No.: OLT-23-000599 OLT Case Name: Oakville Argus Cross LP 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: Oakville Argus Cross LP Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development of three residential towers which sit above two mixed-use podium buildings Reference Number: Z.1614.78 Property Address: 217-227 Cross Avenue and 571-595 Argus Road Municipality/UT: Oakville/Halton OLT Case No.: OLT-23-000604 OLT Lead Case No.: OLT-23-000599 OLT Case Name: Oakville Argus Cross LP v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Oakville Argus Cross LP Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit development of three residential towers which sit above two mixed-use podium buildings Reference Number: 24T-22005/1614 Property Address: 217-227 Cross Avenue and 571-595 Argus Road Municipality/UT: Oakville/Halton OLT Case No.: OLT-23-000605 OLT Lead Case No.: OLT-23-000599 OLT Case Name: Oakville Argus Cross LP v. Oakville (Town)

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

Applicant/Appellant: 166 South Service Road Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: Official Plan Amendment to permit the development of 3 residential towers which sit above two mixed-use podium buildings Reference Number: OPA1614.79 Property Address: 166 South Service Road E Municipality/UT: Oakville/Halton OLT Case No: OLT-23-000627 OLT Lead Case No: OLT-23-000627 OLT Case Name: 166 South Service Inc v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 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: Zoning By-law Amendment to permit the development of 3 residential towers which sit above two mixed-use podium buildings and a Plan of Subdivision Reference Number: Z.1614.79 Property Address: 166 South Service Road E Municipality/UT: Oakville/Halton OLT Case No: OLT-23-000628 OLT Lead Case No: OLT-23-000627

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: Plan of Subdivision to permit the development of 3 residential towers which sit above two mixed-use podium buildings Reference Number: 24T-22006/1614 Property Address: 166 South Service Road Municipality/UT: Oakville/Halton OLT Case No: OLT-23-000629 OLT Lead Case No: OLT-23-000627

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

Applicant/Appellant: 590 Argus Developments Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the redevelopment the site into a mixed-use community comprised of a three mixed-use buildings that are 44-, 50- and 58-storeys in height Reference Number: OPA1614.81 Property Address: 590 Argus Road Municipality/UT: Oakville/Halton OLT Case No: OLT-23-000911 OLT Lead Case No: OLT-23-000911 OLT Case Name: 590 Argus Developments Inc. v. Oakville (Town)

PROCEEDING COMMENCED UNDER subsection 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 the redevelopment the site into a mixed-use community comprised of a three mixed-use buildings that are 44-, 50- and 58-storeys in height Reference Number: Z.1614.81 Property Address: 590 Argus Road Municipality/UT: Oakville/Halton OLT Case No: OLT-23-000912 OLT Lead Case No: OLT-23-000911

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the redevelopment the site into a mixed-use community comprised of a three mixed-use buildings that are 44-, 50- and 58-storeys in height Reference Number: 24T-23001/1614 Property Address: 590 Argus Road Municipality/UT: Oakville/Halton OLT Case No: OLT-23-000913 OLT Lead Case No: OLT-23-000911

Heard: December 14, 2023, via Video Hearing

APPEARANCES:

Parties	Counsel
Oakville Argus Cross LP 166 Service Road Inc. 590 Argus Developments Inc	Mark Flowers and Michael Cook
Town of Oakville	Rob Howe, Jennifer Huctwith and Nadia Chandra
Regional Municipality of Halton	Brittany Maione (and Kelly Yerkza, in absentia)
Oak Lane Park Investments Inc.	Lee English (and Piper Morley, in absentia)
City Centre Capital Limited	Bruce Engell (to OLT-23-000627 only)

MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON DECEMBER 14, 2023, AND ORDER OF THE TRIBUNAL

THE APPEALS

1These directions flow from the first Case Management Conference (“CMC”) convened to organize the Hearings necessary to consider and resolve the appeals brought in connection with three geographically related properties firstly by Oakville Argus Cross LP for lands known municipally as 217-227 Cross Ave. and 571-595 Argus Rd; secondly, by 166 South Service Road East Inc for lands situated approximately midway between Trafalgar Rd. to the east and Lyons Lane to the west; and thirdly, by 590 Argus Developments Inc for land known as 590 Argus Rd.

2Each application seeks to amend the Livable Oakville Official Plan (“OP”) and the respective site-specific Zoning, and simultaneously request consideration of a draft plan of subdivision, to in each instance, permit multiple residential towers accommodating approximately 5100 units in total, with office and retail and uses accessory to the residential, located within the respective podiums.

3The Parties have requested, and the Tribunal concurs, that given the physical proximity of the three sites, which are all located within the Midtown Oakville, Livable Oakville OP designation, which is also a Provincially designated Urban Growth Centre and a Major Transit Station Area given the nearby Oakville GO Transit station; the commonality of the three very similar mixed use development proposals each conceived with three towers, and the evidence expected to be brought before the Tribunal in support of each of the applications, by a common, multidisciplinary team of witnesses and Counsel to address the issues of land use planning, urban design, transportation and servicing; and the reasonable expectation of consistency of resolution, the nine appeals will be heard together. The question of consolidation, if thought advisable, may be considered at a subsequent CMC. The Tribunal sees no basis for such at this time and believes that simply having the appeals heard together will give effect to the efficiencies normally ascribed to consolidation where similar commonalities exist.

4The Tribunal received, and after hearing submissions from each of the requestors, granted party status to: the Region of Halton, as the approval authority of OP amendments, with interests in the implementation of and conformity to Provincial policies; Oak Lane Park Investments Inc, as owners of lands currently developed and operating as a car dealership, directly abutting the Cross Lands proposal (as identified on ATTACHMENT A hereto which illustrates the relationship of the three sites) with interests in particular with access points and tower and footprint separations , with a view to protecting future development potential of their own lands. City Centre Capital Limited who through their Counsel, requested Party status only in respect of the appeals for the South Service Lands (shown on ATTACHMENT A) on grounds inline with those of Oak Park Lane Investments Inc.

5Participant status was granted to Oakville Community Association and 177 Cross Argus Development Inc, with undertakings by Appellant Counsel that the Participants would be provided with all materials submitted by the proponent team in connection with the appeals. A representative of Rosart Properties Inc, Mr. John Rosart, one of the owners of 277 Cross Ave, joined the CMC in progress seeking Party status, and in the absence of the submission or circulation of a prior written request, the Tribunal outlined the differing obligations of a Party as contrasted to a Participant to assist the requestor in determining the extent of their desired participation in the ultimate hearing. The Requestor, having then the benefit of consulting with Counsel gathered on behalf of the various Parties while the Tribunal consulted the calendar, made the determination and modified their request, and Participant status was conferred to Rosart Properties Inc.

6A late request was received by the Tribunal following the CMC on behalf of McDonalds operating at 227 Cross Ave, and after administratively conferring with Counsel, and considering the legitimate interest of the operation by virtue of its proximity, Participant status was conferred by the Tribunal.

7The Tribunal was advised that the Appellants anticipate making resubmissions to the Town and Region, as a circulated agency, in the first quarter of 2024, which respond to the comments received to date. Following the review of the revision, the Parties, including the added Parties, will be in a position to crystalize the issues list, seriously consider the pursuit of mediation, and potentially revisit the initial estimates of the length of the concurrent hearings.

8The Tribunal was advised that in parallel to this process, the Town has independently undertaken a review of the Midtown Oakville OP policies. The appeals before the Tribunal however seek to amend the policies and zoning provisions in force and effect at the time they were deemed complete applications.

NEXT STEPS

9Accordingly, to allow time for the resubmission and review thereof, a second CMC to finalize the draft procedural order and issues list was scheduled for Tuesday, September 3, 2024, at 10 a.m.

10A block of six weeks of hearing time to consider the appeals concurrently was scheduled to commence on Monday, April 7, 2025, running through to Friday, May 16,2025, with the exception of April 18 and April 21, 2025.

11The Hearings are scheduled to proceed by video as follows:

Tuesday, September 3, 2024, at 10 a.m.

GoToMeeting: https://meet.goto.com/558205565

Access code: 558-205-565

Audio-only telephone line: (Toll-Free) 1 888-299-1889 or +1 (647) 497-9373

Audio-only access code: 558-205-565

Monday, April, 7, 2025 – Friday, May 16, 2025 at 10 a.m.

GoToMeeting: https://global.gotomeeting.com/join/660145013

Access code: 660-145-013

Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373

Audio-only access code: 660-145-013

12Parties 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.

13Parties 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

14Persons 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.

15Individuals 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.

ORDER

16THE TRIBUNAL HEREBY ORDERS that Party and Participant status are conferred as set out in this decision; and

17THE TRIBUNAL FUTHER ORDERS that a second case management conference and a six-week hearing will be convened as set out above in this decision, all in accordance with a Procedural Order to be finalized and issue following the next hearing event.

18The Member is not seized and no further notice is required.

“Sharyn Vincent”

SHARYN VINCENT

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.