Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 13, 2024

CASE NO(S).: OLT-23-000599 OLT-23-000627 OLT-23-000911 OLT-24-000785

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 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.

Applicant/Appellant: 166 South Service Inc. 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.

Applicant/Appellant: 166 South Service Inc. 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 E 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 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.

Applicant/Appellant: 590 Argus Developments Inc. 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 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.

Applicant/Appellant: 590 Argus Developments Inc. 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 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

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

Applicant/Appellant: Cross Realty Incorporated Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: OPA, ZBA, and DPS to permit a mixed-use development on the lands consisting of two towers with heights of 45-storeys and 61-storeys Reference Number: OPA1614.83 Property Address: 157 and 165 Cross Avenue Municipality/UT: Oakville/Halton OLT Case No: OLT-24-000785 OLT Lead Case No: OLT-24-000785

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

Applicant/Appellant: Cross Realty Incorporated Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: OPA, ZBA, and DPS to permit a mixed-use development on the lands consisting of two towers with heights of 45-storeys and 61-storeys Reference Number: Z.1614.83 Property Address: 157 and 165 Cross Avenue Municipality/UT: Oakville/Halton OLT Case No: OLT-24-000786 OLT Lead Case No: OLT-24-000785

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

Applicant/Appellant: Cross Realty Incorporated Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: OPA, ZBA and DPS to permit a mixed-use development on the lands consisting of two towers with heights of 45-storeys and 61-storeys Reference Number: 24T-24002/1614 Property Address: 157 and 165 Cross Avenue Municipality/UT: Oakville/Halton OLT Case No: OLT-24-000787 OLT Lead Case No: OLT-24-000785

Heard: September 3, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel

Oakville Argus Cross LP, 166 South Service Inc., 590 Argus Developments Inc., and Cross Realty Incorporated

Mark Flowers Michael Cook

Town of Oakville

Rob Howe Nadia Chandra Jennifer Huctwith (in absentia)

Regional Municipality of Halton

Kelly Yerxa

Oak-Lane Park Investments Inc.

Lee English Piper Morley (in absentia)

City Centre Capital Limited

Chantal deSereville Bruce Engell (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON SEPTEMBER 3, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1The Tribunal convened a second Case Management Conference ("CMC") with respect to Appeals filed by Oakville Argus Cross LP ("Argus"), 166 South Service Inc. ("166"), 590 Argus Developments Inc. ("590"), and the first CMC for the Appeal filed by Cross Realty Incorporated ("Cross") (together the "Appellants") pursuant to s. 22(7), s. 34(11), and s. 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act") against the Town of Oakville ("Town") for its failure to make decisions within the timeframes prescribed by the Act for the respective Applications filed by the Appellants.

2The Appellants' lands are geographically proximate to each other and located in the southwest quadrant of the Queen Elizabeth Way and Trafalgar Road in the Midtown Oakville area of the Town's Liveable Oakville Official Plan ("OP"). The Applications propose to redevelop the Appellants' lands with mixed-use developments consisting of residential, office, and retail uses including the creation of publicly accessible open space and conveyance of lands for a public road right-of-way.

3The Tribunal received an Affidavit of Service sworn on August 26, 2024 (Exhibit 1), confirming that the Notice of the proceedings for the Cross Appeal was served in accordance with the directions provided by the Tribunal.

4A Party status request was received from each of City Centre Capital Limited ("City Centre") and Oak-Lane Park Investments Inc. ("Oak-Lane") seeking Party status in the Cross Appeal. City Centre and Oak-Lane have both been granted Party status in the Argus, 166, and 590 Appeals at the previous CMC held on December 14, 2023. City Centre's and Oak-Lane's interests are the same as those raised at the previous CMC in that they are neighbouring landowners to the Appellants and have an interest in ensuring that their respective development rights are addressed through the consideration of the Applications and any impacts resulting from the proposed redevelopments will be appropriately addressed. No objections to the requests were raised by the other Parties. The Tribunal grants the requests and confers Party status to City Centre and Oak-Lane in the Cross Appeal (OLT Case No.: OLT-24-000785).

5Counsel for the Regional Municipality of Halton ("Region") advised that they are not requesting Party Status at this time as they are reviewing the implications of Bill 185, Cutting Red Tape to Build More Homes Act, 2024 ("Bill 185") and the status of the Region in respect of these proceedings in light of the changes to the Act resulting from Bill 185.

6Counsel for the Appellants requested that the Cross Appeal be heard together with the Argus, 166, and 590 Appeals. At the CMC held on December 14, 2023, the Tribunal ordered that the three Appeals be heard together and similarly consented to the request to have the Cross Appeal heard together with the Argus, 166, and 590 Appeals. The Tribunal finds that the similarities shared by the Applications, the physical proximity, and the common, multidisciplinary team of witnesses and counsel will give effect to a more efficient hearing of the Appeals.

7With respect to the Procedural Order ("PO"), the Tribunal heard that the Parties have been discussing the Issues List ("IL"), and with the inclusion of the Cross Appeal in these matters, they will be working to finalize the IL and the PO. One matter impacting the finalization of the IL is the introduction of the new Provincial Planning Statement that is scheduled to come into force on October 20, 2024. The Parties advise that the unknown status of any transition provisions impacts the IL in that the Applications were filed under the Provincial Policy Statement, 2020, and the Growth Plan for the Greater Golden Horseshoe, 2019, and the Parties are waiting to confirm the policy context that will apply to the determination of the Appeals.

8The Parties propose to provide a finalized IL and PO by Friday, November 1, 2024. It was noted that the timelines proposed in the draft PO submitted to the Tribunal will provide ample time for their experts to respond to the applicable Provincial policy context. A further CMC was requested to address any outstanding procedural issues or unresolved matters on the IL.

SCHEDULING OF FUTURE HEARINGS

9The Tribunal schedules a CMC for Thursday, November 7, 2024, at 9 a.m. by telephone conference call. The CMC is being convened to address any unresolved matters with respect to the IL or any procedural matters that have arisen during the finalization of the PO. If the Parties determine that the CMC is not required, they are requested to contact the Tribunal as soon as possible to release the date from the Tribunal's calendar.

10The Tribunal schedules the Cross Appeal to be heard together with the Argus, 166, and 590 Appeals at the Hearing scheduled to commence on Monday, April 7, 2025, running through to Friday, May 16, 2025. The Tribunal will not be sitting on April 18, 2025, and April 21, 2025, for Good Friday and Easter Monday, respectively.

11The Hearing details are set out below:

CMC: Thursday, November 7, 2024, at 9 a.m. by Telephone Conference Call

12Individual(s) are directed to call 416-212-8012 or Toll-Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal's Case Coordinator having carriage of this case.

Hearing: Monday, April 7, 2025, at 10 a.m. by Video Hearing

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 656-004-293

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

Audio-only Access Code: 660-145-013

13Parties 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.

14Parties 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

15Persons 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.

16Individuals 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

17THE TRIBUNAL ORDERS the directions contained within this Decision as set out above.

"David Brown"

DAVID BROWN

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.