Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 29, 2024
CASE NO(S).: OLT-22-004272
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Graywood Bronte Village Limited Partnership
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To redevelop the subject property to a nine-storey mid-rise building
Reference Number: OPA1729.61
Property Address: 2365-2377 Lakeshore Road W
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-22-004272
OLT Lead Case No.: OLT-22-004272
OLT Case Name: Graywood Bronte Village Limited Partnership v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Graywood Bronte Village Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To redevelop the subject property to a nine-storey mid-rise building
Reference Number: Z.1729.61
Property Address: 2365-2377 Lakeshore Road W
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-22-004273
OLT Lead Case No.: OLT-22-004272
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Graywood Bronte Village Limited Partnership
Subject: Site Plan
Description: To redevelop the subject property to a nine-storey mid-rise building
Reference Number: 1723.075/01
Property Address: 2365-2377 Lakeshore Road W
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-22-004557
OLT Lead Case No.: OLT-22-004557
Heard: October 05, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Graywood Bronte Village Limited Partnership | Denise Baker |
| Town of Oakville | Andrew Biggart |
| Halton Region | Brittany Maione |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. TUCCI ON OCTOBER 05, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Ontario Land Tribunal (“Tribunal”), was with respect to the appeals of the refusal of the Town of Oakville to make a decision regarding an Application to amend the Official Plan and to approve an amendment to the Town of Oakville (“Town”) Zoning By-law.
2The Property is comprised of two parcels, approximately 0.37 hectares in area with 68.6 metres of frontage on the north side of Lakeshore Road West, midway between Jones Street and Nelson Street. The Property is within Bronte Village, a strategic growth area within the Town's urban structure.
3The site is municipally known as 2365-2377 Lakeshore Road West, contains a one-and two-storey strip plaza with four ground-floor retail units and four second-floor residential units over part of the building. Surface parking is provided along both the front and rear lot areas. The parcel at 2377 Lakeshore Road West is undeveloped and utilized as an unpaved parking lot.
4The development proposal application submitted on March 31, 2022, seeks to redevelop and intensify an underutilized site within Bronte Village. Specifically, the Applications seek approval for a nine-storey mid-rise building containing 180 residential condominium units, 673 square metres of retail space, and a total of 161 parking spaces. Of the 161 parking spaces, 155 are proposed on two levels of underground parking (147 for residential units and nine for visitor parking), and six are proposed at grade for the proposed retail uses.
APPLICATION FOR OFFICIAL PLAN AMENDMENT (“OPA”)
5The Property is designated Main Street 1 (MU1) on Schedule P1 of the Livable Oakville Plan. The Property is also identified on Schedule F as being within one of the Town's Growth Areas. The MU1 designation allows for a mixture of residential and commercial uses, with commercial uses at grade. The designation permits a maximum of four storeys, with two additional storeys permitted through bonusing, for a total of six storeys. The proposed OPA seeks to permit three additional storeys, for a total building height of nine storeys.
APPLICATION FOR ZONING BY-LAW AMENDMENT (“ZBA”)
6The Property is zoned Main Street 1 - Holding (H1-MU1). Similar to the OPA, the ZBA is required to accommodate the additional building height, as well as reduced parking space provisions. A site-specific exception zone is required to facilitate the proposed development.
PROPOSED SETTLEMENT
7The Tribunal heard the Applicant and the Town of Oakville agreed on a Settlement Proposal for the redevelopment of the Subject Lands related to all matters with the exception of the proposed parking ratio.
8At the initial hearing, the focus was on the parking supply. The hearing was adjourned due to unforeseen circumstances. Since the initial hearing was adjourned, the Applicant and the Town have had further discussions and have agreed to a revised shared visitor/commercial parking supply that includes the provision of 7 additional parking spaces, which was achieved through a detailed review of the underground parking structure. In addition, two of the existing parking spaces will be converted into car share spaces.
9The Tribunal is in receipt of the planning instruments for consideration, which include the Official Plan Amendment, which has not changed from the original hearing, the revised Zoning By-law Amendment, which captures the elements of the settlement, and the set of site plan conditions, which remain substantially unchanged, for approval.
10The revised Zoning By-law Amendment includes three minor changes, as follows:
- Increase visitor/commercial parking to 40 spaces;
- Inclusion of two car share spaces as part of the residential parking supply; and,
- An added provision for the minimum area for non-residential uses of 600 square metres.
11The Settlement Proposal offers a total of 154 parking spaces that will be provided with the redevelopment. Of those, 114 shall be for dwelling units (inclusive of 2 car share spaces), and 40 shall be available for visitors and non-residential uses.
12Further, minor modifications to the site plan conditions have been made to reflect the settlement.
EVIDENCE AND ANALYSIS
13The written materials before the Tribunal were the Affidavit of Dana Anderson sworn on Monday, December 18, 2023, which was marked as Exhibit 1. Ms. Anderson is a professional land use planner and Partner with MacNaughton Hermsen Britton & Clarkson Planning, Urban Design and Landscape Architecture. Ms. Anderson has over 30 years of professional land use planning experience in both the public and private sectors and has previously been qualified to provide expert evidence in the area of land use planning before the Ontario Land Tribunal (“OLT”) and its predecessors, the Local Planning Appeal Tribunal (“LPAT”) and the Ontario Municipal Board (“OMB”).
CONCLUSIONS AND SUMMARY OPINION
14In her affidavit, Ms. Anderson provided, based on the existing physical context and surrounding neighbourhood, and the analysis of the proposed redevelopment within the current planning policy and regulatory framework, the proposed Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval for the Subject Lands:
Have regard for matters of provincial interest under the Planning Act;
Are consistent with the PPS;
Are in conformity with the Growth Plan;
Are in conformity with the Halton Region Official Plan;
Are in conformity with the Town of Oakville’s Official Plan;
Provide for a compatible design that does not create any adverse impacts; and,
Are appropriate for the Subject Lands, represents good planning, and are in the public interest.
15On the strength of the uncontradicted expert opinion evidence of Ms. Anderson, and upon a review of the applicable provisions of the Act, the PPS, the Growth Plan, and the OP, the Tribunal is satisfied that the proposed ZBA represents an efficient use of land, resources, and infrastructure, and they achieve important local, regional, and provincial policy objectives.
16Further, the Tribunal is of the view that the Settlement reached by the Parties is fair and reasonable and that the resulting ZBA represents good planning in the public interest. The Tribunal praises the Parties in working collaboratively and engaging in productive discussions in order to reach a settlement in these proceedings.
ORDER
17THE TRIBUNAL ORDERS that the appeal is allowed in part and the Official Plan for the Town of Oakville is amended as set out in Attachment A to this Order.
18THE TRIBUNAL ORDERS that the appeal against By-law 2014-014 of the Town of Oakville is allowed in part and the Tribunal directs the municipality to amend By-law 2014-014 as set out in Attachment B to this Order.
19THE TRIBUNAL ORDERS that the site plan is approved subject to the conditions set out in Attachment C to this Order.
20The Member may be spoken to should any issues arise with respect to the implementation of this Order.
“C. Tucci”
CARMINE TUCCI
MEMBER
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.