Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 04, 2025
CASE NO(S).: OLT-23-000290 OLT-23-000292 OLT-23-000293 OLT-22-003186 (Formerly PL090614) OLT-24-000105 OLT-24-000120
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Palermo Village Corporation
Appellant: 819655 Ontario Limited
Subject: Proposed Official Plan Amendment No. 34 (OPA 34)
Municipality: Town of Oakville
OLT Case No.: OLT-23-000290
OLT Lead Case No.: OLT-23-000290
OLT Case Name: 819655 Ontario Limited v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Palermo Village Corporation
Subject: Proposed Official Plan Amendment No. 37 (OPA 37)
Municipality: Town of Oakville
OLT Case No.: OLT-23-000292
OLT Lead Case No.: OLT-23-000292
OLT Case Name: Palermo Village Corporation v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Palermo Village Corporation
Subject: Proposed Official Plan Amendment No. 38 (OPA 38)
Municipality: Town of Oakville
OLT Case No.: OLT-23-000293
OLT Lead Case No.: OLT-23-000293
OLT Case Name: Palermo Village Corporation v. Halton (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar)
Appellant: Palermo Village Corporation (formerly Newmark Developments Limited [Rosko/Finer Group])
Subject: Proposed Official Plan Amendment No. 289 (OPA 289)
Municipality: Town of Oakville
OLT Case No.: OLT-22-003186
Legacy Case No.: PL090614
OLT Lead Case No.: OLT-22-003186
Legacy Lead Case No.: PL090614
OLT Case Name: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar)
Appellant: Palermo Village Corporation (formerly Newmark Developments Limited [Rosko/Finer Group])
Appellant: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited)
Subject: Proposed Official Plan Amendment No. 306 (OPA 306)
Municipality: Town of Oakville
OLT Case No.: OLT-22-003189
Legacy Case No.: PL110155
OLT Lead Case No.: OLT-22-003186
Legacy Lead Case No.: PL090614
OLT Case Name: Enirox Dundas 3015 Inc. (formerly Shell Canada Limited and then the Estate of Angus McKellar) v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Palermo Village Corporation
Subject: Application to amend the Zoning By-law – Refusal of the application
Description: To permit the development of a medium and high density mixed-use master-planned community consisting of a range and mix of residential, institutional, commercial, employment, Natural Heritage System and open space uses on 47 hectares of land containing a total of 6,890 residential units
Reference Number: Z.1331.02
Property Address: 3069 Dundas Street West and 3278 Regional Road 25
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000105
OLT Lead Case No.: OLT-24-000105
OLT Case Name: Palermo Village Corporation v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Palermo Village Corporation
Subject: Proposed Plan of Subdivision – Refusal of the application
Description: To permit the development of a medium and high density mixed-use master-planned community consisting of a range and mix of residential, institutional, commercial, employment, Natural Heritage System and open space uses on 47 hectares of land containing a total of 6,890 residential units
Reference Number: 24T-23002/1331
Property Address: 3069 Dundas Street West and 3278 Regional Road 25
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000106
OLT Lead Case No.: OLT-24-000105
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Enirox Dundas 3015 Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 27-storey and 30-storey mixed-use residential buildings on a 3-storey podium consisting of 690 residential units.
Reference Number: OPA.1331.01
Property Address: 3005 & 3015 Dundas Street West
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000120
OLT Lead Case No.: OLT-24-000120
OLT Case Name: Enirox Dundas 3015 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: Enirox Dundas 3015 Inc.
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit the development of 27-storey and 30-storey mixed-use residential buildings on a 3-storey podium consisting of 690 residential units.
Reference Number: Z.1331.01
Property Address: 3005 & 3015 Dundas Street West
Municipality/UT: Town of Oakville/ Regional Municipality of Halton
OLT Case No.: OLT-24-000121
OLT Lead Case No.: OLT-24-000120
AMENDING ORDER OF THE TRIBUNAL DELIVERED BY K.R. ANDREWS
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a decision or order, the Order issued on November 10, 2025 (“Order”), is hereby amended by:
a. Replacing Attachment A to the Order with Attachment A attached to this Amending Order, and;
b. Replacing Attachment B to the Order with Attachment B attached to this Amending Order.
2In all other respects, the Tribunal’s Order remains the same.
“K.R. ANDREWS”
K.R. ANDREWS
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.
THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2025-148
A by-law to amend Zoning By-law 2009-189, as amended, to repeal the zoning of lands described as Part of Lots 31, Con. 1, NDS, Palermo Village Corporation, and to amend the Town of Oakville Zoning By-law 2014-014 to permit the use of lands described as Part of Lot 31, Concession 1, NDS (Palermo Village Corporation, File No.: Z.1331.02)
ORDERED BY THE ONTARIO LAND TRIBUNAL
- Within Section 12.0 Maps of By-law 2009-189:
a. Map Index is amended to remove the subject land from the map as depicted on Schedule ‘A’ to this By-law.
b. Map 12(1) is amended by repealing the zoning for the lands as depicted on Schedule ‘B’ to this By-law.
Within Section 1.0 Administration of By-law 2009-189, Section 1.2, Application is amended by adding to the end of the paragraph the following: “…, and excludes lands immediately west of Bronte Road between Dundas Street West and Highway 407 and lands immediately to the east of Bronte Road, west of Old Bronte Road and generally between William Halton Parkway and Dundas Street West, as identified in the mapping contained in Section 12 of By-law 2009-189.”
Within Section 2.0 Establishment of Zones of By-law 2009-189, Section 2.1, Table 2.1.1 is amended by deleting the 4th row as follows:
Palermo Village North Urban Core
PUC
5.1 and 7.4
Within Section 6.0 Permitted Uses of By-law 2009-189 is amended by deleting all references to Palermo Village North Urban Core Area text, all labels identified as “PUC” and the PUC column in Table 6.1 Permitted Use Table.
Within Section 7.0 Zone Regulations of By-law 2009-189 is amended by deleting Section 7.4, Palermo Village North Urban Core Zone and renumbering the remaining sections accordingly.
Within Part 4 General Provision of Bylaw 2014-014, section 4.14 a) Municipal Services Required, is amended by deleting reference to “Dundas Street” and replacing with “Highway 407”.
Within Part 19 Maps of By-law 2014-014:
a. Map Index and Map 19(25) of By-law 2014-014 are amended, to include the lands as depicted on Schedule ‘C1 and C2’ to this By-law.
b. Map 19(19a) of By-law 2014-014, as amended, is further amended by rezoning the lands as depicted on Schedule ‘D’ to this By-law.
- Section 15, Special Provisions, of By-law 2014-014, as amended, is further amended by adding a new Section 15.439, 15.440, 15.441, 15.442, 15.443, 15.444, and 15.445 as follows:
439
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: MU3
Map 19(19a)
(2025-148)
15.439.1 Additional Regulations for Permitted Uses for Block 1 1
The following additional regulation for permitted uses apply to the lands identified as blocks 1 on figure 15.439.1:
a)
Additional regulation for table 8.2 footnote 6 for maximum width of the building shall not apply.
b)
Additional regulation for table 8.2 footnote 7 relating to the floor area of a premises shall not apply.
15.439.2 Zone Regulations for All Lands
The following regulations apply:
a)
Minimum front yard
1.0m
b)
Maximum front yard
6.0m
c)
Minimum flankage yard
1.0m
d)
Maximum flankage yard
6.0m
e)
Minimum rear yard
1.0m
f)
Maximum rear yard
6.0m
g)
Minimum storeys
4
h)
Maximum storeys
15
i)
Minimum height
14.0m
j)
Maximum height
52.0m
k)
Maximum number of storeys for a building podium
6
l)
Minimum separation distance between building towers above the podium
30.0m
m)
Maximum floor plate dimension measured diagonally in any direction, not including projecting balconies
40.0m
n)
Minimum step-back for a tower from the edge of the podium roof
3.0m
o)
Ventilation shafts, stairs and stairways associated with an underground parking structure, hydro vaults and above ground water and gas meters including any appurtenances thereto are not permitted between a building wall and front lot line or flankage lot line.
p)
Ventilation shaft within 3 metres of a lot line abutting a public road shall be incorporated into a building wall and located a minimum 2.5 m above finished floor level of the first storey.
15.439.3 Parking Regulations
The following parking regulation apply:
a)
A minimum of 20% of the parking spaces in a building shall include the provision for the installation of electric motor vehicle supply equipment.
15.439.4 Special Site Figure
Figure 15.439.1
15.439.5 Special Site Provisions
The following additional provisions apply:
a)
The rear lot line is deemed to be the lot line adjacent to Bronte Road.
b)
Minimum storeys and height shall not apply to a podium, place of worship, community centers, library or parking structure.
440
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: MU4
Map 19(19a)
(2025-148)
15.440.1 Additional Regulations for Permitted Uses for Blocks 1, 2, and 3
The following additional regulations for permitted uses apply to the lands identified as Blocks 1, 2 and 3 on figure 5.440.1:
a)
Additional regulation for table 8.2 footnote 6 for maximum width of the building shall not apply.
b)
Additional regulation for table 8.2 footnote 7 relating to the floor area of a premises shall not apply.
c)
Minimum floor area required within block 1 for the retail store where the primary good(s) sold is food
3000m2
d)
Minimum setback from the lot line abutting Bronte Road for non-residential building and retail store where the primary good(s) sold is food located on block 1.
70m
15.440.2 Zone Regulations for All Lands
The following regulations apply:
a)
Maximum front yard
6.0m
b)
Maximum flankage yard
6.0m
c)
Minimum rear yard
1.0m
d)
Maximum rear yard
6.0m
e)
Minimum storeys
6
f)
The following regulations for maximum storeys applies to the blocks identified on figure 15.440.1:
Block
Maximum storeys
1a
20
1b
25
1c
30
2
22
3
20
4
20
5
25
g)
Minimum height
19.5m
h)
The following regulations for maximum height applies to the blocks identified on figure 15.440.1
Block
Maximum height
1a
70 m
1b
85 m
1c
105 m
2
75 m
3
70 m
4
70 m
5
85 m
i)
Maximum number of storeys for a building podium
6
j)
Minimum separation distance between building towers above the podium
30.0m
k)
Maximum floor plate dimension measured diagonally in any direction, not including projecting balconies
40.0m
l)
Minimum step-backs for a tower from the edge of the podium roof
3.0m
m)
Ventilation shafts, stairs and stairways associated with an underground parking structure, hydro vaults and above ground water and gas meters including any appurtenances thereto are not permitted between a building wall and front lot line or flankage lot line.
n)
Ventilation shaft within 3 metres of a lot line abutting a public road shall be incorporated into a building wall and located a minimum 2.5 m above finished floor level of the first storey.
15.440.3 Parking Regulations
The following parking regulation apply:
a)
A minimum of 20% of the parking spaces in a building shall include the provision for the installation of electric motor vehicle supply equipment.
15.440.4 Special Site Figure
Figure 15.440.1
15.440.5 Special Site Provisions
The following additional provisions apply:
a)
The rear lot line is deemed to be the lot line adjacent to Bronte Road for blocks 2, 3, 4 and 5 and Dundas Street for Block 1.
b)
Minimum storeys and height shall not apply to a podium, place of worship, community centers, library or parking structure.
441
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: RM1
Map 19(19a)
(2025-148)
15.441.1 Zone Regulations for All Lands
The following regulations apply:
a)
Minimum front yard
2.5m
b)
Minimum flankage yard
2.0m
c)
Maximum encroachment into the minimum front yard or flankage yard for porches with or without a foundation
Up to 1.0m from the applicable lot line
d)
Maximum encroachment into the minimum front yard or flankage yard for access stairs associated or not associated with a porch or uncovered platform
Up to 0.5m from the applicable lot line
e)
Maximum encroachment into the minimum rear yard for uncovered platforms equal to or greater than 0.6 metres measured from grade with or without a foundation
Up to 3.0m from the rear lot line
f)
Maximum encroachment into the minimum rear yard for access stairs associated with an uncovered platform
Up to 1.8m from the rear lot line
g)
The maximum width of Bay, Box Out and Bow Windows shall be 4.0m with or without foundations, which may be a maximum of three storeys in height, and which may include a door providing access to grade.
15.441.2 Additional Zone Regulations for Block 1 (Rear Lane)
The following additional regulations apply to the lands identified as block 1 in figure 15.441.1:
a)
Minimum lot area per dwelling
118 m2
b)
Minimum rear yard (abutting lane)
0.75m
c)
Minimum landscaping dimensions
Shall not apply
15.441.3 Additional Zone Regulations for Block 2 (Dual Frontage)
The following additional regulations apply to the lands identified as block 2 in figure 15.441.1:
a)
Minimum rear yard
2.5m
b)
Maximum encroachment into the minimum rear yard for porches with or without a foundation
Up to 1.0m from the rear lot line
c)
Maximum encroachment into the minimum rear yard or flankage yard for portes-cochere
Up to 1.0m from the applicable lot line
d)
Maximum total projection for a balcony located on the roof of a portes-cochere or porch located in the front or flankage yard
Shall not apply
e)
Maximum encroachment into the minimum rear yard or flankage yard for access stairs associated or not associated with a porch or uncovered platform
Up to 0.5m from the applicable lot line
f)
Minimum landscaping dimensions
Shall not apply
g)
Air conditioners are permitted in the front yard and additional regulation for table 4.3 footnote 2 relating to equipment height from grade shall not apply.
15.441.4 Special Site Provisions for Block 2 (Dual Frontage)
The following additional provisions apply to the lands identified as block 2 in figure 15.441.1:
a)
The rear lot line shall be deemed to be the lot line providing driveway access.
15.441.5 Additional Zone Regulations for Block 3 (Abutting N Zone)
The following additional regulations apply to the lands identified as block 3 in figure 15.441.1:
a)
Minimum rear yard
2.0 m
b)
Maximum rear yard
2.5m
c)
Maximum encroachment into the minimum front yard or flankage yard for portes-cochere
Up to 1.0m from the applicable lot line
d)
Maximum total projection for a balcony located on the roof of a portes-cochere or porch
Shall not apply
e)
Balconies, uncovered platforms, uncovered access stairs below grade shall not be permitted to encroach or project into the rear yard.
f)
Minimum landscaping dimensions
Shall not apply
15.441.6 Special Site Figure
Figure 15.441.1
15.441.7 Parking Regulations
The following parking regulations apply:
a)
The minimum dimensions of a parking space not located in a private garage shall be 2.7 metres in width and 5.5m in depth.
b)
The minimum dimensions of a parking space located in a private garage shall have a depth of 5.5 metres and: i) Where one parking space is provided in a private garage, 2.9 metres in width; and, ii) where two parking spaces are provided in a private garage, 5.6 metres in width
c)
Section 5.2.3 d) shall not apply.
d)
Minimum depth of a private garage measured between interior face of walls
6.0m
e)
Where a private garage has a vehicle entrance facing the flankage lot line or front lot line and the applicable minimum yard is less than 5.5 metres, the private garage shall be set back a minimum of 5.5 metres from the applicable lot line.
15.441.8 Special Site Provisions
The following additional provisions apply:
a)
Corner lots shall be deemed to be interior lots for the purpose of measuring established grade.
b)
Private garages shall exclude a portes-cochere.
442
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: RM2
Map 19(19a)
(2025-148)
15.442.1 Zone Regulations for All Lands
The following regulations apply:
a)
Minimum lot area per dwelling
90.0 m2
b)
Minimum front yard
2.5m
c)
Maximum encroachment into the minimum front yard or flankage yard for porches with or without a foundation
Up to 1.0m from the applicable lot line
d)
Maximum encroachment into the minimum front yard or flankage yard for access stairs associated or not associated with a porch or uncovered platform
Up to 0.5m from the applicable lot line
e)
Maximum encroachment into the minimum front yard or flankage yard for portes-cochere
Up to 1.0m from the applicable lot line
f)
Maximum total projection for a balcony located on the roof of a portes-cochere or porch
Shall not apply
g)
Air conditioners are permitted in the front yard and additional regulation for table 4.3 footnote 2 relating to equipment height from grade shall not apply.
h)
Minimum landscaping dimensions
Shall not apply
15.442.2 Parking Regulations
The following parking regulations apply:
a)
The minimum dimensions of a parking space not located in a private garage shall be 2.7 metres in width and 5.5m in depth.
b)
The minimum dimensions of a parking space located in a private garage shall have a depth of 5.5 metres and: i) Where one parking space is provided in a private garage, 2.9 metres in width; and, ii) Where two parking spaces are provided in a private garage, 5.6 metres in width
c)
Section 5.2.3 d) shall not apply.
d)
Minimum depth of a private garage measured between interior face of walls
6.0m
e)
Where a private garage has a vehicle entrance facing the flankage lot line or front lot line and the applicable minimum yard is less than 5.5 metres, the private garage shall be set back a minimum of 5.5 metres from the applicable lot line.
15.442.3 Special Site Provisions
The following additional provisions apply:
a)
Corner lots shall be deemed to be interior lots for the purpose of measuring established grade.
b)
Private garages shall exclude a portes-cochere.
443
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: RM4
Map 12(19a)
(2025-148)
15.443.1 Additional Permitted Uses
The following additional uses are permitted:
a)
Stacked townhouses
b)
Back-to-back townhouse dwellings
c)
Townhouses dwellings
15.443.2 Additional Permitted Uses for Block 1
The following additional uses are permitted for lands located on block 1 identified on figure 15.443.1:
a)
Retail and service commercial uses within an apartment dwelling.
15.443.3 Additional Regulations for Permitted Uses for Block 1
The following additional regulation for permitted uses apply to the lands identified as block 1 on figure 15.443.1:
a)
Maximum net floor area for retail and service commercial uses
500 m2
15.443.4 Zone Regulations for All Lands
The following regulations apply:
a)
Maximum number of storeys
6 storeys
b)
Maximum height
22.0m
c)
Minimum front yard
2.5m
d)
Minimum flankage yard
2.5m
e)
Minimum rear yard
2.5m
f)
Maximum encroachment into the minimum front yard, flankage yard or rear yard which is abutting a public road for porches with or without a foundation
Up to 1.0m from the applicable lot line
g)
Maximum encroachment into the minimum front yard, flankage yard or rear yard which is abutting a public road for access stairs associated or not associated with a porch or uncovered platform
Up to 0.5m from the applicable lot line
h)
Ventilation shafts, stairs and stairways associated with an underground parking structure, hydro vaults and above ground water and gas meters including any appurtenances thereto are not permitted between a building wall and front lot line or flankage lot line.
i)
Ventilation shaft within 3 metres of a lot line abutting a public road shall be incorporated into a building wall and located a minimum 2.5 m above finished floor level of the first storey.
j)
The maximum width of Bay, Box Out and Bow Windows shall be 4.0m with or without foundations, which may be a maximum of three storeys in height, and which may include a door providing access to grade.
k)
For a stacked townhouse dwelling, back-to-back townhouse dwelling, air conditioners are permitted in the front, flankage or rear yard and no maximum height shall apply.
15.443.5 Additional Zone Regulations for Block 1
The following additional regulation applies to the lands identified as block 1 on figure 15.443.1:
a)
Minimum width of landscaping required along the lot line abutting the MU3 zone.
3.0m
15.443.6 Special Site Figure
Figure 15.443.1
15.443.7 Parking Regulations
The following parking regulations apply:
a)
The minimum dimensions of a parking space not located in a private garage shall be 2.7 metres in width and 5.5m in depth.
b)
The minimum dimensions of a parking space located in a private garage shall have a depth of 5.5 metres and: i) Where one parking space is provided in a private garages, 2.9 metres in width; and, ii) Where two parking spaces are provided in a private garage, 5.6 metres in width
c)
Section 5.2.3 d) shall not apply to back-to-back townhouses
d)
Minimum depth of a private garage measured between interior face of walls
6.0m
e)
Minimum parking spaces for stacked townhouse dwellings inclusive of visitors parking spaces
1.25 space per dwelling
f)
Where a private garage has a vehicle entrance facing the flankage lot line or front lot line and the applicable minimum yard is less than 5.5 metres, the private garage shall be set back a minimum of 5.5 metres from the applicable lot line.
15.443.8 Special Site Provisions
The following additional provisions apply:
a)
Notwithstanding any severance, partition or division of the lands subject to this Special Provision, the regulations of Block 1 identified in Figure 15.443.1 shall apply to the whole of such lands as if no severance, partition or division had occurred.
b)
Private garages shall exclude a portes-cochere for back-to-back townhouse dwellings
444
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: RL6
Map 12(19a)
(2025-148)
15.444.1 Zone Regulations for All Lands
The following regulations apply to all buildings:
a)
Minimum flankage yard
2.5m
b)
Minimum rear yard
6.0m
c)
Maximum height
12.0m
d)
Maximum storeys
3
e)
Footnote 7 of Table 6.3.1 relating to residential floor area shall not apply.
f)
Maximum encroachment into the minimum front yard or flankage yard for porches with or without a foundation
Up to 1.0m from the applicable lot line
g)
Maximum encroachment into the minimum front yard or flankage yard for access stairs associated or not associated with a porch or uncovered platform
Up to 0.5m from the applicable lot line
h)
The maximum width of Bay, Box Out and Bow Windows shall be 4.0 m with or without foundations which may be a maximum of three storeys in height and which may include a door with access to grade.
i)
Balconies are not permitted in the rear yard.
15.444.2 Additional Regulation for Block 1 lands
The following additional regulations apply to lands identified as block 1 on figure 15.444.1
a)
Maximum residential floor area ratio
Shall not apply
b)
Minimum rear yard shall be 4.5 metres, except the minimum rear yard may be reduced to 3.0m for a one storey addition for a maximum 65% of the building width measured at the rear of the main building. The one storey addition shall have a maximum vertical distance of 4.5 m measured between the finished floor level of the first storey and the highest point of the roof of the one storey addition.
c)
Rooftop terraces are not permitted
15.444.3 Additional Regulation for Block 2 lands
The following additional regulations apply to lands identified as block 2 on figure 15.444.1
a)
Minimum lot area
195.0 m2
b)
Minimum lot frontage
10.0m
c)
Maximum residential floor area ratio
Shall not apply
d)
Minimum rear yard shall be 4.5 metres, except the minimum rear yard may be reduced to 3.0m for a one storey addition for a maximum 65% of the building width measured at the rear of the main building. The one storey addition shall have a maximum vertical distance of 4.5 m measured between the finished floor level of the first storey and the highest point of the roof of the one storey addition.
e)
Rooftop terraces are not permitted.
15.444.4 Special Site Figure
Figure 15.444.1
15.444.5 Parking Regulations
The following parking regulations apply:
a)
The minimum dimensions of a parking space not located in a private garage shall be 2.7 metres in width and 5.5m in depth.
b)
The minimum dimensions of a parking space located in a private garage shall have a depth of 5.5 metres and: i) Where one parking space is provided in a private garage, 2.9 metres in width; and, ii) Where two parking spaces are provided in a private garage, 5.6 metres in width
c)
Section 5.2.3 d) shall not apply
d)
Minimum depth of a private garage measured between interior face of walls
6.0m
e)
Where a private garage has a vehicle entrance facing the flankage lot line or front lot line and the applicable minimum yard is less than 5.5 metres, the private garage shall be set back a minimum of 5.5 metres from the applicable lot line.
15.444.6 Special Site Provisions
The following additional provisions apply:
a)
Private garages shall exclude a portes-cochere.
445
Part of Lot 31, Concession 1, NDS (Palermo Village Corporation)
Parent Zone: CU
Map 19(19a)
(2025-148)
15.445.1 Zone Regulations for All Lands
The following regulations apply:
a)
Minimum front yard
3.0 m
b)
Minimum flankage yard
3.0m
c)
Minimum interior side yard
3.0m
d)
Minimum rear yard
3.0m
15.445.2 Special Site Provisions
The following special site provisions apply:
a) The northerly lot line shall be deemed the front lot line.
- Part 16, Holding Provisions, of By-law 2014-014, as amended, is further amended by adding a new Sections 16.3.63, 16.3.64, 16.3.65, 16.3.66, 16.3.67, 16.3.68, 16.3.69, 16.3.70 and 16.3.71 as follows:
H63
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: RM1, RM2, RM4, RL6, MU3, MU4
Map 19(19a)
(2025-148)
16.3.63.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
b)
All non-residential uses permitted by the underlying zone not requiring Regional Allocation as determined by the Regional Municipality of Halton
16.3.63.2 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville and Region of Halton:
a)
The Holding (H) Symbol may be lifted once the following conditions have been satisfied: i. The Owner shall have the equivalent or sufficient number of IDUs converted to SDEs or has been provided written confirmation that all of the Water/Wastewater infrastructure, as referenced in Schedule “G2” of 2023 Allocation Agreement will be operational within twelve (12) months of the giving of such Notice; and; ii. The Owner shall not be in default under the 2023 Allocation Agreement. iii. The Region of Halton has provided written confirmation that the above two conditions have been satisfied to the Region’s satisfaction.
H64
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: MU4, MU3, RM1, RM2, RM4, RL6
Map 19(19a)
(2025-148)
16.3.64.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
b)
All non-residential uses permitted by the underlying zone not requiring Regional Allocation as determined by the Regional Municipality of Halton
16.3.64.2 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville and Region of Halton:
a)
The Owner shall provide written confirmation from the Region of Halton that the Owner has addressed the following requirements for all the units proposed for development to the satisfaction of the Region of Halton: i. The Owner shall secure the appropriate amount of water and wastewater Servicing Allocation under the Region of Halton Allocation Program; ii. The Owner shall have signed the applicable Allocation Agreement or any required Amending Agreements; iii. The Owner shall have made all required payments associated with the Allocation Program; and, Iv. The Owner shall be in receipt of the Region of Halton Public Works Commissioner’s Notice (PWCN) letter.
H65
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: RM1
Map 19(19a)
(2025-148)
16.3.65.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
16.3.65.2 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville and Conservation Halton:
a)
That the Owner provide confirmation (i.e., as-built drawings and letter from P.Eng.) that the approved alteration of natural hazards associated with tributary Reach 14E-8 is completed and that the subject lands are a minimum of 7.5 metres from the flood plain and erosion hazards.
H66
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: MU4
Map 19(19a)
(2025-148)
16.3.66.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
16.3.66.2Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville, Halton Region and Conservation Halton:
a)
The approval of comprehensive storm water management strategy for development of Blocks 4 and 5 as identified on Figure 15.440.1 within special provision 440 as determined through an EIR/FSS.
b)
That the required stormwater management facilities and associated infrastructure to service Blocks 4 and 5 as identified on Figure 15.440.1 within special provision 440 as identified in the approved EIR/FSS, is constructed, operational, and in public ownership.
c)
That the owner shall provide confirmation that the landowner is party to a landowners agreement reflecting any required works associated with the development of the lands east of Bronte Road, if applicable, and is in good standing.
H67
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: MU3
Map 19(19a)
(2025-148)
16.3.67.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
16.3.67.2 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville, Conservation Halton and Halton Region:
a)
the approval of comprehensive storm water management strategy for development of the block at the south east corner of William Halton Parkway and Bronte Road as determined through an EIR/FSS.
b)
That the required stormwater management facilities and associated infrastructure to service block at the south east corner of William Halton Parkway and Bronte Road as identified in the approved EIR/FSS, is constructed, operational, and in public ownership.
c)
That the owner shall provide confirmation that the owner is party to a landowners agreement reflecting any required works associated with the development of the lands east of Bronte Road, if applicable, and is in good standing.
H68
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: MU4, MU3, RM1, RM2, RM4, RL6, CU
Map 19(2a)
(2025-148)
16.3.68.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
16.3.68.2 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville and Conservation Halton:
a)
That the lands for the stormwater management pond and associated storm infrastructure (access and outfall/outfall channel) are in the ownership of Palermo Village Corporation or the Town of Oakville.
H69
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: RM4
Map 19(2a)
(2025-148)
16.3.69.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, these lands shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
16.3.69.2 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed by Town Council passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville:
a)
The additional Village Square of 0.3 hectares as referenced in the Livable Oakville Plan and located on Block 1 as identified on Figure 15.443.1 within special provision 443 has been defined, and conveyed to the Town of Oakville.
b)
That a Land Use Compatibility Study has been completed regarding the interface of the residential uses and the transit station addressing noise, odor, building setbacks, buffering and width of landscaping requirements to the satisfaction of the Town of Oakville.
H70
Palermo Village Corporation Part of Lot 31, Concession 1, NDS
Parent Zone: MU4
Map 19(19a)
(2025-148)
16.3.70.1 Only Permitted Uses Prior to Removal of the “H”
For such time as the “H” symbol is in place, Block 1 as identified on Figure 15.440.1 within special provision 440 shall only be used for the following:
a)
Legal uses, buildings and structures existing on the lot.
b)
One building which contains a retail store where the primary goods sold is food.
c)
Uses permitted are non-residential uses within table 8.2 for the MU4 zone
16.3.70.2 Zone Provisions Prior to Removal of the “H”
The following regulations shall additionally apply for such time as the “H” symbol is in place:
a)
Minimum height for a non-residential building and retail store where the primary good(s) sold is food
5.0 m
b)
Minimum storeys for a non-residential building and retail store where the primary good(s) sold is food
Shall not apply
c)
Minimum floor area for a retail store where the primary good(s) sold is food
3000 m2
d)
Maximum floor area for non-residential uses excluding the retail store where the primary good(s) sold is food
2000 m2
16.3.70.3 Parking Regulations Prior to Removal of the “H”
For such time as the “H” symbol is in place, the following parking regulations apply:
b)
Maximum number of parking spaces located in a surface parking area for a retail store
1.0 per 24 sq. m of net floor area
16.3.70.4 Conditions for Removal of the “H”
The “H” symbol shall, upon application by the landowner, be removed from all or part of the lands subject to the “H” symbol by the Town passing a By-law under Section 36 of the Planning Act. The following condition(s) shall first be completed to the satisfaction of the Town of Oakville:
a)
Commencement of construction of a retail store where the primary good(s) sold is food with a minimum floor area of 3,000 sq.m located on Block 1 as referenced on site figure 15.440.1 within section 15.440.
b)
Construction of a continuous pedestrian walkway located from the rear lot line abutting Dundas Street West to the front lot line.
- This By-law comes into force in accordance with Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended.
ORDERED by the Ontario Land Tribunal dated _________, 2025 for Case Number OLT-24-000105.
MAYOR CLERK