Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 12, 2024

CASE NO(S).: OLT-22-004487, OLT-22-004833

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

Applicant/Appellant: Bronte River Limited Partnership Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a residential development with detached dwelling, townhouse dwellings, and a relocated heritage building Reference Number: Z.1531.03 Property Address: 1300, 1316, 1326, 1342 & 1350 Bronte Road Municipality/UT: Oakville/Halton OLT Case No.: OLT-22-004487 OLT Lead Case No.: OLT-22-004487 OLT Case Name: Bronte River Limited Partnership v. Oakville (Town)

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

Applicant/Appellant: Bronte River Limited Partnership Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential development with detached dwelling, townhouse dwellings, and a relocated heritage building Reference Number: 24T-21009/1531 Property Address: 1300, 1316, 1326, 1342 and 1350 Bronte Road Municipality/UT: Oakville/Halton OLT Case No.: OLT-22-004488 OLT Lead Case No.: OLT-22-004487

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

Applicant/Appellant: Eaglewood Communities Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit development of a four-storey condo having 71 units in Oakville Reference Number: OPA1531.04 Property Address: 1354 Bronte Road Municipality/UT: Town of Oakville OLT Case No.: OLT-22-004833 OLT Lead Case No.: OLT-22-004833 OLT Case Name: Eaglewood Communities Inc. v. Oakville (Town)

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

Applicant/Appellant: Eaglewood Communities Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit development of a four-storey condo having 71 units in Oakville Reference Number: Z1531.04 Property Address: 1354 Bronte Road Municipality/UT: Town of Oakville OLT Case No.: OLT-22-004834 OLT Lead Case No.: OLT-22-004833

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

Applicant/Appellant: Eaglewood Communities Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit development of a four-storey condo having 71 units in Oakville Reference Number: 24T-22008/1531 Property Address: 1354 Bronte Road Municipality/UT: Town of Oakville OLT Case No.: OLT-23-000519 OLT Lead Case No.: OLT-22-004833

Heard: February 16, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
Eaglewood Communities Inc. (“Eaglewood”)	Russell Cheeseman, Stephanie Fleming
Bronte River Limited Partnership (“Bronte River”)	Patrick Harrington
Town of Oakville	Jennifer Huctwith
Region of Halton	Brittany Maione, Kelly Yerxa (in absentia)
Conservation Halton	Konstantine Stavrakos, Dennis Khanna, Michael Barton*

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON FEBRUARY 16, 2024 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This matter was scheduled for one day as a Settlement Hearing. Eaglewood Communities Inc. (“Eaglewood”) made applications to the Town of Oakville (“Town”) for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) pursuant to the Planning Act (“Act”) with respect to a property municipally known as 1354 Bronte Road (“Eaglewood property/subject property/subject site/site”).

2Bronte River Limited Partnership (“Bronte River”), another Applicant, similarly applied to the Town as regards its properties municipally known as 1300, 1316, 1326, 1342, and 1350 Bronte Road (“Bronte River Properties/subject properties/subject site/site”).

3Bronte River was appealing its ZBA and DPS applications (“Bronte River appeals”) while Eaglewood was appealing its OPA, ZBA and DPS applications (“Eaglewood appeals”) (collectively, “the appeals”). Eaglewood and Bronte River will collectively be referred to as the Applicants.

4Council failed to decide within the statutory time for those applications and both Applicants appealed. Subsequent to the appeals, the Parties had separately engaged in settlement discussions.

5Town Council had settled with Bronte River (“Bronte River proposed settlement/settlement proposal”) for which Counsel had filed a Notice of Motion for settlement, supported by the affidavit of Elizabeth Howson.

6Eaglewood had also settled its applications with the Town (“Eaglewood proposed settlement/settlement proposal”), for which the Town and Eaglewood requested approval of the applications through the affidavit of Stephanie Matveeva in support of the applications.

7The Parties in attendance agreed and consented to the proposed settlements. The Motion Record of Bronte River was marked as Exhibit 1. The Eaglewood Affidavit of Stephanie Matveeva was marked as Exhibit 2.

BRONTE RIVER APPEALS

8Mr. Harrington, Counsel for Bronte River, requested that the short service of the Motion, dated February 13, 2024, be allowed for reason that the Parties could only find agreement, and signed the Minutes of Settlement, shortly before this Hearing. Further, all Parties to this Hearing had been served, with no prejudice to any Party. The Tribunal deemed service to be sufficient as there were no objections from any Party identified. All Parties present had been duly served with the Motion, and no Party was prejudiced. Additionally, the Parties present did not object to the settlement achieved.

9Ms. Howson was qualified to give expert opinion evidence in land use planning matters. She testified in support of the Bronte River proposed settlement.

Bronte River Proposal

10The Bronte River proposed settlement will be implemented through the approval of the ZBA and DPS as well as an OPA (that was applied for when Town staff identified issues of non-conformity with the Bronte Road West Lands policies of the Town’s Official Plan, which Council adopted on November 13, 2023 – OPA 61). The effect of the amendment is to amend the Bronte West Lands exception policies (section 27.3.8.3 and Schedule H) to redesignate a portion of the subject properties from “Natural Area” to “Private Open Space” to facilitate the proposed Low Impact Development (“LID”) stormwater management facility, and the outdoor amenity space (Privately Owned Public Open Space), adjust the boundary of the Low Density Residential designation to expand the area, remove the Parkway Belt West Plan overlay from the subject properties, and permit the development to be serviced by a private road network.

11No appeals were filed against OPA 61; therefore, it is in force and effect. The draft ZBA amending the City Zoning By-law No. 2014-014 (“ZBL”); the Draft Plan and Draft Conditions were included for attachment.

12Bronte River originally applied for site-specific rezoning and draft plan of subdivision approval to permit development on the subject properties for 136 new dwelling units, including nine single detached dwellings, 96 townhouse units and the relocated heritage house.

13The rezoning and DPS applications were appealed to the Tribunal on September 23, 2022. Notwithstanding the appeals, through Parties’ discussions, the project was revised to propose 168 new dwelling units. The concept plan comprises 82 single detached dwellings designated “Low Density Residential”, and the remaining 86 townhouse units designated “Medium Density Residential”. In addition, the relocated heritage house would be preserved on the site and a new outdoor amenity area and stormwater management system would be established.

14The settlement proposal incorporates comments received from Council, the public, Town staff and other agencies during the circulation of the application and in recognition of the need to provide more housing, as articulated through Bill 23, More Homes, Built Faster Act.

15The revised proposal includes one condominium (“condo”) block (Block 1) consisting of back-to-back townhouses, dual-frontage townhouses, and single detached dwellings, as well as one heritage house. In addition, it includes one LID stormwater facility, one parkette or outdoor amenity area, one public road (Street ‘A’), one woodlot block, and two natural area blocks.

16The subject properties are currently zoned Existing Development (ED), Parkway Belt West Complementary Use (PB2), Natural Area(N), and Greenbelt in the Town Zoning By-law 2014-014. A Zoning By-law amendment is required to permit the proposed development and to implement the Livable Oakville Plan (“LOP”).

17The proposed zoning amendment seeks to rezone the subject properties to new site-specific zones to permit the proposed development. The revised draft ZBA includes holding provisions in accordance with section 36 of the Act, which are applicable to all the zones which permit development.

Site and Area Context

18The Bronte River subject site is approximately 12.12 hectares in size with approximately 435 metres of frontage along Bronte Road. The site area and frontage are inclusive of the woodlot. The developable area comprises approximately 5.5 hectares of land with a frontage of approximately 190 metres on Bronte Road.

19The subject properties are bounded by Bronte Road to the east. On the east side of Bronte Road is the Bronte Green Plan of Subdivision, which is under construction. It consists of a range of low, medium, and high density residential, commercial, park, stormwater management and open space uses. Further east is Fourteen Mile Creek and its associated Natural Heritage System (“NHS”).

20To the south, are some single detached dwellings and additional lands in Bronte Creek Provincial Park.

21To the west of the subject lands is Bronte Creek, which is within Bronte Creek Provincial Park.

22To the north is a site owned by Valery Homes, on which is proposed a six-storey apartment building. Further to the north is a single detached dwelling (designated for future medium density residential development) and Bronte Creek Provincial Park.

23Bronte Road is a Major Arterial Road and Regional Higher Order Transit Corridor serviced by the 6, 13 and 34 Oakville Transit Routes, which start/terminate at the Bronte GO Station. These transit routes provide the subject properties with direct access to intra and inter regional transit services.

24Bronte Road is planned to be widened in 2025 from four lanes to six lanes between Speers and Highway 407. The two outer lanes will function as dedicated higher order vehicle lanes.

25The uncontested expert opinion evidence of Ms. Howson by affidavit sworn February 12, 2024, is accepted by the Tribunal. Her oral testimony is unchallenged and persuasive.

26Ms. Howson gave a comprehensive overview of the provincial and legislative framework and concluded that the proposed redevelopment has regard for matters of provincial interest under section 2 of the Act, is consistent with the Provincial Policy Statement, 2020 (“PPS”) and conforms with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“Growth Plan”), the Parkway Belt West Plan and the Greenbelt Plan, the Region of Halton Official Plan (“ROP”) and the Town's LOP, as amended by site-specific OPA 61.

27She opined that the ZBA and Revised DPS, subject to the proposed Conditions of Draft Plan Approval, represent good planning and are in the public interest. The proposal will provide a compact, transit supportive development that protects the NHS. The development will also contribute to achievement of the Province's and Town's housing pledge while diversifying the range and mix of housing.

EAGLEWOOD APPEALS

28Ms. Matveeva was qualified to give expert opinion evidence in land use planning. She filed a sworn affidavit of February 12, 2024 and gave testimony in support of Eaglewood’s applications.

Site and Proposed Development

29The Eaglewood subject property is located in the southwest quadrant of the Town and is situated on the west side of Bronte Road, north of the Queen Elizabeth Way (“QEW”). The subject property has frontage and access along Bronte Road. The site has an area of approximately 0.41 hectares and a frontage of 50.2 metres along Bronte Road.

30The subject property is designated ‘Residential Medium Density’ by the in-effect LOP, as amended.

31The site is currently occupied by a two-storey detached dwelling and one-storey accessory structure. Forested areas are also present. The existing dwelling and accessory structure have been intact for many years. Bronte Creek Provincial Park is immediately to the west.

32A series of detached dwellings are immediately to the south. These lands are components of the evolving Bronte West community, which is being developed and will introduce a range of low-rise residential built forms and landscaped open spaces. A segment of land in the northeastern quadrant of this development is to be sold to and acquired by Eaglewood. Additionally, access to the subject property is to be provided via a new public road that is to be provided as part of this adjacent development. Further south is the QEW.

33To the north is an existing detached dwelling. Bronte Creek Provincial Park continues north of this dwelling.

34To the east is Bronte Road and the evolving mixed-use Bronte Green community. When completed, the Bronte Green community will comprise various low-rise residential built forms, mid-rise, mixed-use built forms, parks, greenspaces, and a Stormwater Management Pond.

35The subject property has the locational attributes of being located within 500 metres of various existing and planned amenities, contributing to the creation of a vibrant, complete community.

36The applications for an OPA and ZBA to permit a four-storey, 71-unit apartment structure were originally submitted in April 2022. The subject property is currently designated Medium Density Residential in accordance with Schedule H, West Land Use Plan. Section 11.4 of the LOP contains the policy directions for High Density Residential lands. The proposed built form is permitted by the High Density Residential designation. High Density Residential lands are permitted a higher density range of 51 to 185 units per site hectare. Given a higher density of 333 units per site hectare is being proposed, a site-specific policy is required.

37During the review of the applications, a 10-metre public road was requested along the subject property’s western property line. This new public road would facilitate a connection with the new public road, an extension of Saw Whet Boulevard, to be provided to the south, and would facilitate connectivity and access for the future development lands to the immediate north.

38To facilitate the provision of this public road, a DPS was prepared and a DPS application was provided.

39In late December 2022, Eaglewood became aware of Bronte River having initiated an appeal of their respective, adjoining DPS application, under Town File 24T- 21005/1530. Given that this adjoining development contains a segment of land to be purchased by Eaglewood and the public road to provide access to the subject site, Eaglewood appealed their respective OPA and ZBA applications. The DPS application was also appealed and subsequently consolidated with its other appeals.

40On August 2, 2023, a second submission in support of the OPA, ZBA and DPS applications was made, necessitated by modifications to the public right-of-way and the proposed built form which allowed for additional height (maximum six storeys), additional dwelling units (of 110) and refinements to the built form elements to be made.

41Despite the appeals, the Town and Eaglewood continued discussions on possible modifications to the built form elements and pending technical concerns from Regional and Agency staff. These discussions led to revised planning instruments and the draft OPA and ZBA, including holding provisions in accordance with section 36 of the Act, DPS and Draft Conditions for attachment.

42Ms. Matveeva took the Tribunal through an overview of the Eaglewood’s proposal, and the provincial and legislative framework that apply to its development. She concluded that the Eaglewood proposed development is appropriate for the Tribunal to approve those implementing documents, being the OPA, ZBA, DPS and the Draft Plan Approval Conditions as prepared by the Town, as they are consistent with the PPS, conform to the Growth Plan, conform to ROP and LOP, have sufficient regard for matters of provincial interest under section 2 and subdivision of land under section 51(24) of the Act, and represent good land use planning.

43Ms. Matveeva’s expert opinion evidence was not contested, and the Tribunal accepts her affidavit evidence and testimony in support of the Eaglewood settlement proposal.

FINDINGS

44The Tribunal finds that the settlement proposals have regard for matters of provincial Interest under section 2 of the Act, including: the orderly development of safe and healthy communities (section 2(h)); the adequate provision of a full range of housing (section 2(j)); the appropriate location of growth and development (section 2(p)); and the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians (section 2(q)).

45The Tribunal is persuaded by both land use planners that the respective proposed developments of Bronte River and Eaglewood have regard for matters of provincial interest under section 2 of the Act, are consistent with the PPS, conform to the Growth Plan, the Greenbelt Plan; the ROP, and the LOP.

Bronte River

46With respect to the Bronte River development, in accordance with the Bronte Road West Lands special policy, the proposed development has been designed to ensure the long-term protection, preservation, and enhancement of natural features adjacent to and within the property boundary.

47The proposed development also provides a variety of single detached and townhouse dwelling types and sizes in proximity to existing and planned services and amenities, including Bronte Creek Provincial Park, Halton Regional Centre, and the QEW.

48In particular, the proposal provides a transit supportive built form that is compatible with the adjacent NHS by transitioning from a medium density built form along Bronte Road to a low density built form nearer Bronte Creek Valley. Dual frontage townhouses have been sited to front onto Bronte Road to animate the street while avoiding individual driveway access onto Bronte Road. A secondary entrance to the dual frontage townhouses is provided from the condominium road to create a proper interface and animated streetscape between the dual frontage and back-to-back townhouses. The wider frontages and reduced lot depths for the single detached dwellings provide more area for on-street parking and create an enhanced streetscape through the creation of less car dominant facades and large windows to provide more eyes on the street.

49The proposed redevelopment conforms to the intent of the LOP, and the principles for development of the Bronte Road West Lands, by providing a complete community, with development within 400 metres of Bronte Road, which is transit supportive, with a built form oriented to Bronte Road. In addition, the site is accessed primarily via a public road which will form a minor gateway location. Further, the development facilitates development of the lands to the north and is designed to protect the NHS.

50The proposed redevelopment provides appropriate infill development within the Town Built Boundary, thereby aiding in the achievement of the Town’s intensification target and housing pledge.

51The redevelopment provides a mix of single detached and townhouse dwelling types and sizes to meet the needs of households of different sizes, ages and incomes.

52The proposal protects the listed heritage house (1326 Bronte Road) by relocating it to the southeast corner of the condo block, in a prominent location fronting Bronte Road.

53The proposed redevelopment sites dwellings to maximize views into the NHS and retains one heritage house in a prominent location, and it provides for enhanced streetscapes, to create a clear sense of place and community character.

Eaglewood

54As regards the Eaglewood development, the proposal will facilitate development in a compact form, while maximizing existing underutilized lands in a Built-Up Area, maximizing existing and planned infrastructure, and will promote efficient land use and development patterns.

55The proposed development will occur in a compact form and at a density which makes efficient use of a lot on municipal services with access to existing transit, community services and infrastructure.

56The proposal supports intensification and optimizes use of infrastructure to achieve compact, transit supportive development, and supports the creation of a healthy community.

57The LOP provides policy direction for the development of the subject property and lands to the immediate north and south, collectively located within an area referred to as the Bronte Road West Lands. Overall, the Bronte Road West Lands policy directions encourage protection of the nearby natural features, compact, transit-supportive development and support for the creation of a complete community. The proposed development supports the Bronte Road West Lands policy objectives.

58The proposal’s apartment design incorporates compatible, appropriate and desirable urban design while ensuring the Town structure is respected.

CONCLUSION

59The Tribunal finds that the settlement proposals for the Applicants are consistent with the PPS. They make effective use of the subject properties, the municipal infrastructure and the services. These residential uses are transit supportive and optimize both subject sites, resulting in the development of complete communities.

60The proposed developments located on underutilized subject sites are well-placed for land optimization and intensification. Both proposals will provide additional housing stock supply in a range of sizes and types for the municipality in conformity to the Growth Plan.

61The settlement proposals conform to the LOP. The urban built form represented by single detached dwellings, townhouses and apartment units is compatible with the existing and planned land use around the Bronte Road neighbourhood area.

62The proposed developments optimize land use, beautify the streetscape, add more amenities and open spaces, and enhances the neighbourhood character. The proposed development of these additional dwelling units will assist the Town in meeting the housing stock target and be consistent with municipal and provincial objectives.

63The Tribunal finds the Applicants’ proposed developments (as they are evaluated against the relevant policies that apply separately) have regard to matters of provincial interest found in section 2 and meet the criteria of section 51(24) of the Act; are consistent with the PPS; conform to the Growth Plan; the Parkway Belt West Plan; the Greenbelt Plan; the ROP and the LOP. The Tribunal finds that the respective settlement proposal represents good land use planning and is in the public interest.

64The documentary evidence and oral testimonies of Ms. Howson and Ms. Matveeva are uncontroverted. The Tribunal will allow the appeals of both Applicants and the respective DPSs, subject to Draft Conditions, as requested by the Parties on consent.

ORDER

65The Tribunal Orders that:

In relation to Bronte River Limited Partnership:

1. The Bronte River Limited Partnership Motion is granted.

2. The Bronte River Limited Partnership appeals are allowed in part.

3. Zoning By-law No. 2014-014 is amended in the manner set out in Attachment 1 to this Order. The Tribunal authorizes the Municipal Clerk to assign a number to this By-law for record keeping purposes.

4. The Draft Plan shown on the plan prepared by Korsiak Urban Planning, dated January 17, 2024, attached as Attachment 2, comprising 1300, 1316, 1326, 1342, and 1350 Bronte Road, Oakville, is approved subject to the fulfillment of the Conditions set out in Attachment 3 to this Order.

5. Pursuant to section 51(56.1) of the Planning Act, the Town of Oakville shall have the authority to clear the conditions of Draft Plan Approval and to administer final approval of the plan of subdivision for the purposes of section 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the Conditions of Draft Plan Approval, or if any changes are required to be made to the Draft Plan, the Tribunal may be spoken to.

6. No costs shall be awarded in respect of this Order.

In relation to Eaglewood Communities Inc.:

7. The Eaglewood Communities Inc. appeals are allowed in part.

8. The Official Plan for the Town of Oakville is amended as set out in Attachment 4 to this Order.

9. Zoning By-law No. 2014-014 is amended in the manner set out in Attachment 5 to this Order. The Tribunal authorizes the Municipal Clerk to assign a number to this By-law for record keeping purposes.

10. The Draft Plan shown on the plan prepared by Glen Schnarr & Associates Inc., dated January 9, 2024, attached as Attachment 6, comprising 1354 Bronte Road, Oakville, is approved subject to the fulfillment of the Conditions set out in Attachment 7 to this Order.

11. Pursuant to section 51(56.1) of the Planning Act, the Town of Oakville shall have the authority to clear the Conditions of Draft Plan Approval and to administer final approval of the Plan of Subdivision for the purposes of section 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the Conditions of Draft Plan Approval, or if any changes are required to be made to the Draft Plan, the Tribunal may be spoken to.

12. No costs shall be awarded in respect of this Order.

“T.F. Ng”

T.F. NG MEMBER

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.

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