Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 16, 2024
CASE NO.: OLT-22-002506, OLT-22-004825
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Oakville Developments (2010) Inc. Subject: Application amend Zoning By-law No. 2014-014 - Refusal of Application by the Town of Oakville Existing Zoning: HI-MU3 Proposed Zoning: Site Specific MU4 Purpose: To permit a mixed-use development consisting of three 16-storey apartment towers inclusive of a 6-storey podium with 2,415 m2 of commercial uses at grade and 472 dwelling units Property Address/Description: 550 Kerr Street Municipality: Town of Oakville Municipality File No.: Z.1616.55 OLT Case No.: OLT-22-002506 Legacy Case No.: PL200333 OLT Lead Case No.: OLT-22-002506 Legacy Lead Case No.: PL200333 OLT Case Name: Oakville Developments (2010) Inc. v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Oakville Developments (2010) Inc. Applicant: April Investments Limited Applicant: 527079 Ontario Limited Applicant: Trans County Development Corporation Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Purpose: To permit approximately 1,841 residential units in 11 buildings with a maximum proposed building height of up to 28 storeys for some of the buildings; a new park and a new urban square, and the westerly extension of Shepherd Road and northerly extension of St. Augustine Drive Property Address/Description: 560-584, 550, 530 Kerr Street and 131, 171 Speers Road Municipality: Town of Oakville Municipality File No.: OPA1616.56 OLT Case No.: OLT-22-004825 OLT Lead Case No.: OLT-22-002506
BEFORE: C. I. MOLINARI, MEMBER Friday, the 16th day of August, 2024
THESE MATTERS, in respect of the lands at 530, 550, and 588 Kerr Street and 131, and 171 Speers Road in the Town of Oakville, having come for a case management conference on May 1, 2023 before the Ontario Land Tribunal (“Tribunal”) and the Tribunal having issued a Decision on May 26, 2023 which set out the procedure and issues for the hearing to consider the merits of the appeals; and
THE TRIBUNAL, having been advised by the Parties on July 3, 2023 that, with respect to the Official Plan Amendment (“OPA”) appeal, a full uncontested settlement had been reached (“OPA Settlement”);
AND THE TRIBUNAL, having previously determined that the hearing of the Zoning By-law Amendment appeal should be stayed until the OPA appeal is resolved;
AND THE TRIBUNAL, having qualified Melanie Hare to give expert opinion evidence in the area of land use planning, as set out in her sworn Affidavit, affirmed on June 25, 2024 and filed with the Tribunal;
AND THE TRIBUNAL, having considered all material filed in support of the OPA Settlement, including the opinion evidence of Ms. Hare that the appeal under subsection 22(7) of the Planning Act should be allowed, in part, and that the proposed OPA should be approved in accordance with the instrument attached as Exhibit I to her Affidavit (“OPA 51”);
AND THE TRIBUNAL, having accepted the uncontroverted testimony and evidence of Ms. Hare, and having found that the redevelopment of the lands, as proposed in the OPA Settlement, facilitates a walkable, transit-supportive development where infrastructure is in place, and which incorporates a range and mix of uses and housing options in a compact, sustainable form, together with amenities required to support a complete community, including a public park, new roads, and an appropriate provision of commercial space;
AND THE TRIBUNAL, being satisfied that, in consideration of the evidence of Ms. Hare and the revisions resulting in the OPA Settlement, OPA 51, as revised, has sufficient and proper regard for the relevant matters of provincial interest as set out in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, and conforms with the policies of the Growth Plan for the Greater Golden Horseshoe 2019, as amended, the Halton Regional Official Plan, and the Town of Oakville Official Plan;
THE TRIBUNAL finds that OPA 51 is appropriate, represents good land use planning, is in the public interest and should be approved.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the Official Plan Amendment appeal is allowed, in part, and the Official Plan of the Town of Oakville, as amended, is further amended by Official Plan Amendment Number 51, as set out in Attachment 1 to this Order.
THE TRIBUNAL ORDERS THAT the appeal of the Zoning By-law Amendment shall remain adjourned sine die and the Parties shall provide the Tribunal with a status update on the appeal by Monday, September 30, 2024.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.
THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2024-XXX
Official Plan Amendment 51
A by-law to adopt an amendment to the Livable Oakville Official Plan, Official Plan Amendment Number 51 (530, 550, 588 Kerr Street and 131, 171 Speers Road, April Investments Limited, 527079 Ontario Limited, Trans County Development Corporation Limited, and Oakville Developments (2010) Inc.,
File No.: OPA.1616.56)
WHEREAS subsection 21(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended, states that the provisions of the Act with respect to an official plan apply, with necessary modifications, to amendments thereto and section 17 applies to any such amendment; and,
WHEREAS subsection 22(1) of the Planning Act provides that a person or public body may request a council to amend its official plan; and,
WHEREAS the owners of 530, 550, 588 Kerr Street and 131 Speers Road have requested that Council amend the Livable Oakville Official Plan relating to the comprehensive development plan for the lands designated Urban Core at the northwest corner of Speers Road and Kerr Street, and subsequently filed an appeal to the Ontario Land Tribunal under section 22(7) of the Planning Act;
WHEREAS the Ontario Land Tribunal has heard and made a decision on the appeal to allow the amendment to the Livable Oakville Official Plan attached to this by-law;
PURSUANT to section 22(11) and 17(50) of the Planning Act, R.S.O. 1990, c. p.13:
- The Livable Oakville Plan is amended in accordance with Official Plan Amendment Number 51 attached to this by-law.
APPROVED BY THE ONTARIO LAND TRIBUNAL by Order issued (DATE).
Official Plan Amendment Number 51
to the Town of Oakville’s
Livable Oakville Plan
Constitutional Statement
The details of the amendment, as contained in Part 2 of this text, constitute Official Plan Amendment Number 51 to the Livable Oakville Plan.
Part 1 – Preamble
A. Subject Land
The Subject Lands are located at the northwest corner of Speers Road and Kerr Street, and municipally known as 588, 550, 530 Kerr Street and 131, 171 Speers Road (Subject Lands).
B. Purpose and Effect
The purpose of this Official Plan Amendment (OPA) is to implement a comprehensive development plan by refining and building on the existing site-specific Livable Oakville policy framework to guide future redevelopment of the Subject Lands on a comprehensive basis.
The effect of the proposed OPA is to:
Replace Part E Section 23.5, to update the requirements for the urban square regarding a minimum area of 500 square metres and to specify that it shall be permitted to be privately-owned publicly accessible open space.
Replace Part E Section 23.7, to provide new and updated exception policies for the Subject Lands to support the goals and objectives for Kerr Village. The policies:
a. Specify that development shall be in accordance with the comprehensive development plan approved by the Town.
b. Specify permitted maximum building heights and densities and encourage affordable housing by exempting the net floor area of affordable housing units.
c. Refine urban design policies regarding the design of tall buildings, building podium, façade treatment, green roofs / amenity space, mid-block pedestrian connections, structured parking, and the private road.
d. Address land use compatibility to the rail corridor and employment area to minimize and mitigate any potential adverse effects from noise, vibration, odour, dust and other contaminants to ensure risk to public health and safety is minimized.
e. Address phasing and transition though coordination with the Kerr Street grade separation, road network capacity, compatibility with existing land uses, functional servicing and implementation of a Transportation Demand Management Strategy, inclusive of transit and alternative transportation solutions associated with the Subject Lands.
f. Add landowner cost sharing requirements.
Replace Part E Section 23.8, to update requirements for the urban park to specify the minimum size of 0.4 ha, accessibility and mid-block pedestrian connections, implementation and phasing policies, and to add criteria under which the urban park may be dedicated to the Town in a stratified arrangement.
Amend Schedule O1, to remove lands eligible for bonusing from the Subject Lands.
Amend Schedule O2, to identify primary and secondary streets within the subject lands, identify the conceptual location of the urban park and urban square, identify the location of enhanced streetscapes, and add the location of a proposed private road.
C. Background and Basis
The Subject Lands are comprised of 4.8 ha (11.8 acres)1, consisting of five property parcels which are occupied by commercial buildings and located at the northwest corner of Kerr Street and Speers Road.
The Subject Lands are identified as a ‘secondary regional node’ on Map 1h, Regional Urban Structure of the Halton Plan. Secondary Regional Nodes are intended to be a focus for growth through mixed use intensification at a scale appropriate for its context.
The town-wide Urban Structure is shown in Livable Oakville, Schedule A1, Urban Structure, and identifies the Subject Lands as being part of a Node and Corridor (Kerr Village), Main Street Area, and located on a Regional Transit Priority Corridor (Speers Road). Higher intensity forms of mixed use growth are directed towards Nodes and Corridors. Regional Transit Priority Corridors provide a town-wide network that connects transit systems throughout the Region as well as to local destinations. Land uses adjacent to Regional Transit Priority Corridors provide a key focus for transit-supportive development.
Within Kerr Village, the Subject Lands are located within the Upper Kerr Village District. This District is planned to be a transit-supportive, mixed use area. The Subject Lands are designated ‘Urban Core’ which permits building heights ranging from eight to twelve storeys. Prior to amendments to the Planning Act, the Kerr Village policies had permitted up to four storeys of additional height pursuant to bonusing (total of 16 storeys).
The Town has pledged to facilitate 33,000 housing units by 2031, in alignment with the Province’s goal of building 1.5 million homes by 2031.
Policy 23.7.1 a) of Livable Oakville requires, as part of any development approval, that development and redevelopment be based on a comprehensive plan which demonstrates the potential full build out of the lands. This includes, amongst other matters:
i. a complete local road network, including extensions of Shepherd Road and St. Augustine Drive;
ii. spatial distribution of buildings and building heights with appropriate built form controls including building setbacks, floorplate restrictions, transitions and tower separation;
iii. location and treatment of planned gateways at Kerr and Speers and the northern limit of Upper Kerr Village at Kerr and the railway;
iv. location of planned urban square & urban park;
v. safe setbacks to rail line, utilities and pipelines;
vi. location of commercial space, including a food store; and,
vii. transit-supportive considerations such as multi-modal Travel Demand Management, enhanced transit passenger amenities, minimal surface parking, bicycle infrastructure and walkable blocks.
The comprehensive development plan submitted as part of the OPA demonstrates the potential full build out of the lands. The comprehensive development plan provides for redevelopment of the Subject Lands with approximately 1,841 residential units in buildings ranging in height from approximately 8 to 28 storeys, an extension of the main street with ground floor commercial uses, a 0.4 ha urban park with permissions for stratified ownership, urban square, mid-block publicly accessible pedestrian connections, private amenity space, and the westerly extension of Shepherd Rd. and northerly extension of St. Augustine Dr. together with one new mid-block private road adjacent to the urban park.
The OPA would implement the comprehensive development plan by refining and building on the existing site-specific Livable Oakville policy framework to guide future redevelopment of the Subject Lands on a comprehensive basis.
Planning and Development Council hosted the statutory public meeting regarding this official plan amendment on February 15, 2022.
This OPA is consistent with the Provincial Policy Statement, conforms or does not conflict with applicable Provincial Plans, the Region of Halton Official Plan and the Livable Oakville Plan, has regard for matters of Provincial interest, and represents good planning for the reasons set out in the staff report titled “Recommendation Report, Official Plan Amendment, April Investments Limited, 527079 Ontario Limited, Trans County Development Corporation Limited, and Oakville Developments (2010) Inc., 560-584, 550, 530 Kerr Street and 131, 171 Speers Road, File No. OPA. 1616.56”, dated November 22, 2022.
Part 2 – The Amendment
The Livable Oakville Plan is amended as follows:
A. Text Changes
I. Part E Section 23.5, Urban Design, is amended by deleting the existing exception policy 23.5.5 a) in its entirety, and replacing it with the following new policy:
“Through the development process, an urban square shall be provided in the Upper Kerr Village District, at the northwest corner of Kerr Street and Speers Road that:
i. has a minimum area of 500square metres; and,
ii. shall be permitted to be privately-owned publicly accessible open space.”
II. Part E Section 23.7, Kerr Village Exceptions – Schedule O1, is amended by deleting existing policy 23.7.1 in its entirety and replacing it with the following new policy:
“23.7.1 The lands designated Urban Core at the northwest corner of Speers Road and Kerr Street (shown in Figure 23.7.1) are subject to the following additional policies:
a) Development shall be in accordance with the comprehensive development plan approved by the Town. Minor revisions to the comprehensive development plan may be considered through the development process and implementing Zoning By-law without amendment to this Plan, provided the general intent is maintained to the satisfaction of the Town.
b) A food store should be located within the lands identified in Figure 23.7.1 upon completion of redevelopment unless otherwise justified from a market perspective. The Town may permit up to three additional storeys beyond the maximum permitted height in Section 23.7.1 c) to one tower of any building which provides a food store of not less than 2,500 square metres, without amendment to this Plan. Any additional height will be reviewed through the development process and may be transferred to another tower or building within the areas identified on Figure 23.7.1, where it can be accommodated by the existing or planned infrastructure, conforms to the policies of this Plan except for the height restrictions of policy 23.7.1 c), is compatible with the surrounding area and aligns with the Urban Design Direction for Kerr Village
c) Area Policies
Within the areas identified on Figure 23.7.1, the following maximum building heights and densities shall be permitted,
Figure 23.7.1
i) Area A
- A maximum floor space index of 5.2 with a maximum of two tall buildings up to a maximum height of 22 and 28 storeys and ground floor commercial with a minimum gross floor area of 600square metres.
ii) Area B
- A maximum floor space index of 5.6 with a maximum of two tall buildings up to a maximum height of 22 and 24 storeys and ground floor commercial with a minimum gross floor area of 1,000square metres.
iii) Area C
- A maximum floor space index of 4.4 with a maximum of two tall buildings up to a maximum height of 18 and 22 storeys respectively, one mid-rise building with a height of up to 12 storeys, and ground floor commercial with minimum gross floor area of 3,000 square metres.
iv) Area D
A maximum of one tall building up to a maximum height of 23 storeys, provided the building is located adjacent to the rail corridor. Additional mid-rise buildings up to 12 storeys in height may be permitted through a development process, subject to appropriate transition to the established residential neighbourhood in accordance with the Urban Design Direction for the Kerr Village and shadow impacts to the public park are mitigated. The minimum gross floor area of commercial to be provided on the ground floor shall be determined through a development process.
d) The net floor area of affordable units shall be exempt from the calculation of floor space index when determining compliance with the density maximums in subsection (c) above.
e) Floor space index shall be calculated based on the gross lot areas identified in Figure 23.7.1.
f) Urban Design
i. The comprehensive development plan and built form shall be designed and evaluated in accordance with the Livable by Design Manual.
ii. For buildings greater than 12 storeys in height, the floor plate for each residential tall building shall ensure a slender tower profile to minimize shadow impacts, maximize sun exposure and enhance the skyline.
iii. The height of the building base for tall buildings should only exceed six storeys where designed with façade setbacks, modulation and/or height reductions on portions of the building to achieve a pedestrian-scaled street wall and a pedestrian-friendly environment at grade.
iv. Green roofs, and/or residential amenity space should be provided on the roof of any building base or above-grade parking structure where the rooftop shall be visible from nearby tall buildings.
v. Façades shall be articulated along street frontages with enhanced building corners;
vi. Built forms shall incorporate substantial breaks to provide two mid-block connections from the urban park to Kerr Street and Speers Road.
vii. Below grade parking, and shared parking arrangements shall be encouraged. At or above grade parking structures may be permitted if:
a. parking structures located on the ground floor of a building fronting the urban park or a road are wrapped with commercial and/or residential uses to create a pedestrian-scaled street wall and animate the public realm; and,
b. parking structures in other areas are wrapped and/or screened with appropriate building materials and architectural treatments to animate pedestrian realm.
viii. The private road located adjacent to the urban park may include a woonerf style roadway which prioritizes pedestrians, has reduced speed limits and traffic calming to create a strong pedestrian connection into the site.
g) Railway
The following policies shall be applied through the implementing zoning and site plan process:
i. Compatibility assessments may be required for development adjacent to the railway right-of-way to identify mitigation measures for any identified safety, security, noise and vibration issues.
ii. Unless otherwise directed by the landowner of the railway right-of-way:
a. buildings shall be setback a minimum of 30 metres from the property line of the railway right-of-way. Notwithstanding the required setback, infrastructure, parking areas or structures, parks and open space, and private amenity space, may be permitted within the setback; and,
b. no tall vegetation should be planted within 3.5 metres of the railway right-of-way.
iii. Warning clauses in offers of purchase and sale, lease or rental agreements and condominium declarations, or other development agreements as applicable, shall be determined and secured through the planning application process, and may include, but not limited to, advising purchasers and future occupants of the proximity of the railway and associated rail traffic and operations.
iv. An environmental easement for operational emissions from the railway should be registered on title, in favour of the railway owner, at the time of property redevelopment.
h) Land Use Compatibility
i. Through an implementing zoning by-law amendment, sensitive land uses shall be planned, phased and developed to minimize and mitigate any potential adverse effects from noise, vibration, odour, dust and other contaminants, and ensure risk to public health and safety is minimized.
ii. As part of a complete application, all planning applications proposing sensitive land uses shall include a land use compatibility assessment, including but not limited to:
a. noise and vibration study; and,
b. air quality report.
iii. For the purpose of noise and vibration studies, a Class 4 area under the Provincial NPC-300 guidelines (or subsequent) may be considered, where it is determined necessary through a land use compatibility assessment, subject to an independent peer review.
iv. Where a land use compatibility assessment demonstrates that source and/or site receptor mitigation actions are required, the mitigation measures shall be at the expense of the applicant and agreed upon by all affected parties.
v. Prior to any servicing or grading, an acknowledged Record of Site Condition shall be required, to the satisfaction of the Town.
i) Phasing/Transition
In addition to Section 23.8.1, the following policies shall apply to the Upper Kerr Village district west of Kerr Street north of Speers Road:
i. Notwithstanding the minimum building heights required by this Plan, building additions, alterations and/or replacements may be permitted where they can be demonstrated not to preclude the long-term redevelopment of the properties as set out in the approved comprehensive development plan, and this Plan;
ii. A maximum floor space index of 2.4 shall be permitted prior to construction of the Kerr Street grade separation. An increase may be considered without amendment to this Plan where it can be demonstrated that long-term development shall still be coordinated with provision of the Kerr Street grade separation, and transportation infrastructure including road network capacity, provision of frequent transit, improved pedestrian and cycling facilities, and transportation demand management strategy.
j) Urban Park
Within the lands identified on Figure 23.7.1, an urban park is proposed, that:
i. is a minimum of 0.4 hectares in size and located as conceptually shown on Schedule O2;
ii. is accessed at street level and is connected to both Kerr Street and Speers Road by mid-block publicly accessible pedestrian connections;
iii. may be subject to a financing and implementation agreement, to advance the design of the urban park followed by construction once all parts of the urban park are dedicated to the Town;
iv. will be dedicated to the Town as public parkland; and,
v. may be dedicated to the Town in a stratified arrangement, subject to the following, to the satisfaction of the Town:
a. The urban park shall be designed to function as public parkland, featuring a high quality public open space;
b. The value of the parkland contribution may be discounted, on those portions where the parkland is encumbered by below-grade private infrastructure or structures such as a private parking garage; and,
c. The landowner enters into an agreement with the Town to secure park design standards and specifications, design standards of below-grade private infrastructure and parkland maintenance arrangements and legal responsibilities.”
k) Implementation Policies and Application Requirements
In addition to the policies of Part F and Section 23.8, the following policies apply to the lands identified in Figure 23.7.1:
i. The provision of the public street shall be secured through the development process. Development of a property shall not be permitted until any portion of the property required for the public street has been dedicated to the town and funding for the construction of the street has been secured to the satisfaction of the Town.
ii. Development of a property containing a portion of the Urban Park shall not be permitted until the dedication of that portion of the Urban Park has been completed or secured to the satisfaction of the Town.
iii. As part of a complete planning application, a cost sharing agreement shall be required which is administered by and entered into amongst all landowners within the comprehensive development plan. The cost sharing agreement shall demonstrate that costs associated with development including, but not limited to, the provision of parkland, infrastructure and servicing are distributed equitably amongst all landowners.
iv. The Town may permit submission of a planning application without a cost sharing agreement, if the landowner undertakes to enter into a cost sharing agreement and consents to the Town imposing appropriate conditions to secure such an undertaking, as part of any approval of a planning application.
v. As part of filing a complete planning application a phasing plan shall be required to the satisfaction of the Town and Halton Region. The phasing plan,
a. shall demonstrate no undue adverse impact on the continued operation of adjacent existing uses, or negative impact on the full implementation of the comprehensive development plan; and,
b. should include plans with access through a planned full moves signalized intersection. Prior to construction of the Kerr Street grade separation, interim accesses may be considered where it is demonstrated that the access is safe, provides an appropriate level of service, and would not delay, add to the cost of or otherwise impact the construction of the grade separation.
c. shall be supported by the following studies:
i. A functional servicing report which comprehensively addresses the adequate provision of stormwater, water and wastewater infrastructure for the lands designated Urban Core at the northwest corner of Speers Road and Kerr Street, including downstream analysis;
ii. A transportation demand management and implementation strategy; and,
iii. A transportation impact study which coordinates development with the provision of transportation infrastructure.
vi. As part of a complete application for subsequent phases of development, a transportation data validation study shall be required to monitor and measure the effectiveness of implementation of the transportation demand management strategy of the prior development phase. Observed travel patterns will be used to inform any transportation impact analysis required as part of a complete planning application.
vii. In addition to the matters set out in section 28.4, through an implementing zoning by-law amendment, a holding provision:
a) may be used to manage the timing of development in relation to the availability of infrastructure and the phasing policies of this section;.
b) shall be used to secure for all upgrades and/or replacement of required stormwater, road network and water and wastewater infrastructure, if not already secured through other processes;
c) may be used to secure for the provision of a food store provided in exchange for additional height in accordance with section 23.7.1 b)
d) may be used to secure the execution of agreements related to the urban park and/or public access to the urban square; and,
e) may be used to secure the execution of cost sharing agreements.
III. Part E Section 23.8, Implementation Policies, is amended by deleting the existing exception policy 23.8.2 a) in its entirety and replacing it with:
“a) The Town may permit up to two storeys of increased height beyond the maximum permitted height in the areas of Kerr Village delineated on Schedule O1, without amendment to this Plan”
IV. Part E Section 23.8, Implementation Policies, is amended by deleting the existing exception policy 23.8.3 c) (referred to as a second 23.8.3 b) in error in the Livable Oakville Plan) in its entirety.