Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 20, 2025

CASE NO.: OLT-24-000963

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

Applicant/Appellant: Argo Trafalgar Corporation Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the creation of a compact mixed-use community along a higher order transportation corridor Reference Number: OPA1212.01 Property Address: Part of Lot 12, Concession 2, North of Dundas Street Municipality/UT: Oakville/Halton OLT Case No: OLT-24-000963 OLT Lead Case No: OLT-24-000963 OLT Case Name: Argo Trafalgar Corp. v. Oakville (Town)

BEFORE:

"C. Hardy" VICE-CHAIR Thursday, the 20th day of February, 2025

THE TRIBUNAL ORDERS that further to the Decision issued on January 31, 2025, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule "A", shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on May 26, 2025. The Tribunal has set aside 5 day(s) for the hearing.

"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.

Schedule A

ISSUE DATE: February 20, 2025 CASE NO.: OLT-24-000963

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

Applicant/Appellant: Argo Trafalgar Corporation Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To facilitate the creation of a compact mixed-use community along a higher order transportation corridor Reference Number: OPA1212.01 Property Address: Part of Lot 12, Concession 2, North of Dundas Street Municipality/UT: Oakville/Halton OLT Case No: OLT-24-000963 OLT Lead Case No: OLT-24-000963 OLT Case Name: Argo Trafalgar Corp. v. Oakville (Town)

PROCEDURAL ORDER

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

2. The video hearing will begin on May 26, 2025 at 10:00 a.m. at the following location: https://meet.goto.com/357283957

3. The parties' initial estimation for the length of the hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in Attachment 2. Unless the Tribunal directs otherwise, a person who wishes to become a party or participant at the hearing who Is not listed in Attachment 2 must make the necessary motion to the Tribunal. The Tribunal may refuse to grant such status.

5. The issues are set out in the Issues List attached as Attachment 3 to this Order. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.

7. The meaning of the terms used in this Procedural Order are identified in Attachment 5.

8. Any person granted status to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

10. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties on or before March 3, 2025. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

11. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of their intended witnesses. This list must be delivered on or before March 28, 2025, and in accordance with paragraph 24 below. A party who intends to call an expert witness must include a copy of the witness' Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

12. Expert witnesses in the same field shall have a meeting on or before April 11, 2025 (at least 50 days before the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before April 18 2025.

13. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 15 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.

14. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert's evidence as in paragraph 15 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in paragraph 15 below.

15. On or before April 25, 2025 (at least 30 days before the hearing), the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

16. On or before April 25, 2025 (at least 30 days before the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before May 1, 2025 (at least 25 days before the hearing), the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 9, 2025, and in accordance with paragraph 24 below.

19. On or before May 12, 2025 (at least 14 days before the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 16, 2025 (at least 10 days before the hearing).

21. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

22. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 16, 2025 (at least 10 days before the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

24. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 SUMMARY OF DATES

DATE	EVENT
March 28, 2025	Exchange of witness lists (names, disciplines, CVs included)
April 11, 2025	Experts meeting prior to this date
April 18, 2025	Agreed Statement of Facts
April 25, 2025	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
May 1, 2025	Deadline to advise OLT of any reductions in hearing time.
May 9, 2025	Exchange of response to Witness Statements (if any)
May 12, 2025	Exchange of visual evidence (if any)
May 16, 2025	Finalize & submit Joint Document Book
May 16, 2025	Hearing Plan filed with the Tribunal
May 26, 2025	Hearing commences

ATTACHMENT 2 LIST OF PARTIES AND PARTICIPANTS

Parties

Argo Trafalgar Corporation Patrick Harrington & Meaghan Barrett Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9 Tel: 416-863-1500 Email: pharrington@airdberlis.com mbarrett@airdberlis.com

Town of Oakville Jennifer Huctwith & Nadia Chandra 1225 Trafalgar Road Oakville, ON L6H 0H3 Tel: 905-845-6601 Email: jennifer.huctwith@oakville.ca nadia.chandra@oakville.ca

Halton District School Board Brad Teichman & Justine Reyes Overland LLP 5255 Yonge St, Suite 1101 Toronto, ON M2N 6P4 Tel: 416-730-0337 Email: bteichman@overlandllp.ca jreyes@overlandllp.ca

Star Oak Developments Limited Russell Cheeseman & Stephanie Fleming Municipal Law Chambers Royal Building 277 Lakeshore Road East, Suite 211 Oakville, Ontario L6J 6J3 Tel: 416-955-9533 Email: rdcheese@aol.com sfleming@mlawc.com

Participant:

ICNA Canada Khalid Shuja Email: project.manager@icna.ca

ATTACHMENT 3 ISSUES LIST

Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which the issues are appropriate, within the jurisdiction of the OLT, or relevant to the determination at the hearing will be a matter of evidence and/or argument at the hearing.

Issues List of the Town of Oakville

Matters of Provincial Interest

1. Does the application have appropriate regard for matters of provincial interest in section 2 of the Planning Act, including: e) the supply, efficient use and conservation of energy and water; f) the adequate provision and efficient use of communication, transportation, sewage and water services and waste management systems; h) the orderly development of safe and healthy communities; i) the adequate provision and distribution of educational, health, social, cultural and recreational facilities; j) the adequate provision of a full range of housing, including affordable housing; k) the adequate provision of employment opportunities; m) the co-ordination of planning activities of public bodies; n) the resolution of planning conflicts involving public and private interests; o) the protection of public health and safety; p) the appropriate location of growth and development; q) the promotion of development that is designed to be sustainable, to support public transit and to be oriented to pedestrians; r) the promotion of built form that, i. is well-designed, ii. encourages a sense of place, and iii. provides for public spaces that are of high quality, safe, accessible, attractive and vibrant; s) the mitigation of greenhouse gas emissions and adaptation to a changing climate?

Provincial Planning Statement

2. Is the application consistent with the policies of the Provincial Planning Statement, 2024 ("PPS"), including in respect of the following: a) Does the application support the achievement of complete communities by accommodating an appropriate range and mix of land uses, housing options and employment, and supporting or providing for appropriate transportation options with multimodal access, public service facilities and other institutional uses (including schools and associated childcare facilities), recreation, parks and open space, and other uses to meet long-term needs (2.1.6.a)? b) If the addition of residential land uses to the Trafalgar Urban Core Area 1 (TUC 1) passes the threshold test in 2. a) above, and be deemed and an appropriate land use to add, is the following achieved and in conformity with the PPS? a. Does the application provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents, including by: i. contributing to the provision of housing that is affordable to low and moderate income households (2.2.1.a); ii. providing for housing options required to meet the social, health, economic and well being requirements of current and future residents, including needs arising from demographic changes (2.2.1.b.1); iii. the appropriate redevelopment of underutilized commercial sites for residential use, which results in a net increase in residential units (2.2.1.b.2); iv. providing for appropriate densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of active transportation (2.2.1.c); and v. providing for appropriate transit-supportive development in proximity to transit stations (2.2.1.d)? b. Does the application provide for development that is based on densities and a mix of land uses which efficiently use land and resources, optimize existing and planned infrastructure and public service facilities, support active transportation, are transit-supportive (2.3.1.2)? c. Does the application provide for densities that are appropriate considering local conditions (2.3.1.4 and 2.3.1.5)? d. Does the application provide for appropriate phasing to ensure that development is orderly and aligns with the timely provision of infrastructure and public service facilities (2.3.1.6)? e. Does the application support the achievement of complete communities by planning for and supporting, in addition to significant population and employment growth: i. education, commercial, recreational, and cultural uses (2.4.1.2.b); ii. the transit network (2.4.1.2.c); iii. affordable, accessible, and equitable housing (2.4.1.2.d)? f. Does the application contribute to prioritizing planning and investment for infrastructure and public service facilities (2.4.1.3.a)? g. Does the application provide for an appropriate type and scale of development and the transition of built form to adjacent areas (2.4.1.3.b)? h. Does the application provide for development and intensification that supports the achievement of complete communities (2.4.1.3.c)? i. Does the application support economic development and competitiveness by contributing to an appropriate mix and range of employment, institutional and broader mixed uses to meet long term needs (2.8.1.1.a)? j. Does the application provide for an appropriate contribution to the reduction of greenhouse gas emissions and the incorporation of climate change considerations, support for energy conservation and efficiency, and the promotion of green infrastructure, low impact development, and active transportation (2.9.1.b, 2.9.1.c and 2.9.1.d)? k. Does the application demonstrate that infrastructure and public service facilities are coordinated and integrated with land use planning and growth management in an efficient manner to meet current and projected needs (3.1.1)? l. Does the application support a transportation system that is safe, facilitates the movement of people and goods, and appropriate to address projected needs (3.2.1)? m. Does the application ensure the integration of servicing and land use considerations at all stages of the planning process (3.6.1.d)? n. Does the application plan for stormwater management systems that protect the quality and quantity of water, and that are integrated with land use planning decisions (3.6.1)? o. Does the application plan for stormwater management in a manner that: i. is integrated with planning for the municipal stormwater system, to ensure that the applicable stormwater management systems are optimized, feasible and financially viable; ii. minimizes, or, where possible, prevents or reduces increases in stormwater volumes and contaminant loads; iii. minimizes erosion and changes in water balance, including through the use of green infrastructure; iv. maximizes the extent and function of vegetative and pervious surfaces; v. promotes stormwater management best practices, including stormwater attenuation and re-use, water conservations and efficiency and low impact development; and vi. aligns with comprehensive municipal plans for stormwater management (3.6.8)? p. Does the application promote healthy, active, and inclusive communities by planning public streets, spaces and facilities to be safe, meet the needs of persons of all ages and abilities, including pedestrians, foster social interaction and facilitate active transportation and community connectivity (3.9.1.a)? q. Does the application provide for a coordinated, integrated and comprehensive approach to planning, including in respect of the following: i. managing and/or promoting growth and development that is integrated with planning for infrastructure and public service facilities, including schools and associated childcare facilities (6.2.1.a); and ii. infrastructure, multimodal transportation systems, public service facilities and waste management systems (6.2.1.d)?

Region of Halton

3. Does the application conform to and appropriately implement the policies of the Halton Region Official Plan (implemented by the Town), including, but not limited to, in respect of the following: a) density target and target proportions of residential and employment (Table 2B); b) the objectives of the Urban Area and Regional Urban Structure (72); c) the objectives of the Urban Area (72.1); d) area-specific plans or policies for major growth areas (77(5), (6) and (7)) e) the objectives of Strategic Growth Areas (79); f) integration of Strategic Growth Areas with surrounding neighbourhoods (79.3(6)); g) employment uses in Strategic Growth Areas (79.3(13)); h) community infrastructure, public service facilities and human services (152(2.1); i) transportation objectives (172(3), (6) and (9.1)); and j) impact of proposals on the transportation network and services (173(22)?

4. Does the application meet or exceed the 160 residential and jobs combined per hectare density as set out in the Regional Official Plan for Primary Nodes?

5. Have the lands been assigned water and wastewater allocation under the Regional Allocation Program?

6. Does the existing wastewater system have sufficient capacity to support the proposed residential uses?

7. Has the Area Servicing Plan (ASP) been updated to reflect changes in land use and servicing needs?

8. Has the Transportation Impact Study (TIS) been revised, including clarifications on access spacing, signalization, and transit integration?

9. Has the TIS addressed future road widenings, intersection improvements, and transit-supportive infrastructure for Trafalgar Road and William Halton Parkway?

10. Has compliance with Halton Region's Access By-law No. 32-17 and Access Management Guidelines (2015) been demonstrated?

11. How will stormwater from the site impact Regional infrastructure on Trafalgar Road and William Halton Parkway?

12. Will the proposal negatively affect downstream watercourses or the Regional storm system?

13. Does the application include provisions ensuring required infrastructure improvements are implemented before development proceeds?

Town of Oakville North Oakville East Secondary Plan (NOESP)

14. Does the application conform to and appropriately implement the policies of the NOESP, including but not limited to, in respect of the following: a) Community Vision (7.2); b) Community Structure (7.3); c) Air/Energy Efficiency (7.4.3); d) Water Management (7.4.5); e) Flood Control (7.4.13); f) Community Design Strategy (7.5); g) Trafalgar Urban Core Area (7.5.14; 7.6.4); h) Existing Development (7.5.18); i) Land Use Strategy (7.6); j) Transitional Area (7.6.9); k) Elementary and Secondary School Sites (7.6.14); l) Community Services Strategy (7.7); m) Services and Utilities (7.7.3); n) Parkland Hierarchy (7.7.4); o) Schools (7.7.7); p) Development Review (7.8); q) Development Evaluation Criteria (7.8.4); r) Growth Management Strategy (7.9); s) Phasing (7.9.2); and t) Implementation and Interpretation (7.10)?

General

15. Does the application have appropriate regard for the existing Official Plan policies for the TUC 1 as presently shown on Figure NOE1 of the North Oakville East Secondary Plan?

16. Does the application justify the appropriateness of the proposed land use change from non-residential by introducing residential uses in the strategic growth area?

17. Does the application uphold the Town's Urban Structure (LOP 28.1, 28.2)?

18. Has the application appropriately considered the potential impact of the amount of development proposed on the overall development of the TUC 1, and the orderly achievement of a complete community?

19. Has the application appropriately considered the ability of the housing market to support the amount of development proposed and the scale of individual buildings, and the effect of market considerations on whether the proposed development will result in the orderly development of the sites, and the orderly development and achievement of a complete community in the TUC 1?

20. Has the application appropriately considered the appropriate phasing of the proposed development, particularly in relation to the provision or availability of services and infrastructure?

21. Has the application appropriately assessed the proposed development in the context of neighbouring properties, and the impact of the proposed development on the developability of adjacent properties, through the preparation of an area design or block context plan?

22. Given the overall scale and amount of residential development proposed, has the application provided for and phased a sufficient amount of non-residential uses to support the development of a complete community?

23. Does the application propose appropriate policies, or other appropriate mechanisms, to ensure that the development is appropriately phased in relation to the provision of services, infrastructure and public service facilities

24. Does the application satisfactorily respond to the Town/Region Best Planning Estimates for the Trafalgar Road Area and the Town as a whole?

25. Does the application propose appropriate sustainable development measures, including green design and design that takes climate change considerations into account?

26. Is the application in the public interest?

27. Are the proposed uses, densities, heights and built forms appropriate?

28. Are the proposed development policies appropriate?

Land Use Compatibility

29. Does the addition of residential land uses to the TUC 1 create broader implications to the adjacent and surrounding employment land use permissions?

30. Does the Noise Feasibility Study prepared by HGC Engineering dated June 2023, appropriately address all noise matters associated with the proposal?

31. Are the transportation noise levels and proposed mitigation measures appropriate and compatible with NPC-300

32. Does the Land Use Compatibility & Air Quality Assessment prepared by SLR Consulting dated June 2023, appropriately address all air quality matters associated with the proposal?

33. Are the air quality levels, separation distances and proposed mitigation measures appropriate and compatible with the D-6 Guidelines?

Transportation

34. Does the proposal protect for transit corridors, rights-of-way, and stations to meet current and projected needs as required by the Provincial Planning Statement and the North Oakville East Secondary Plan

35. Does the proposed intersection spacing on Trafalgar Road south of the 407/Trafalgar Road interchange conform with MTO/407ETR intersection spacings?

36. Does the Traffic Impact Study (TIS) prepared by CGH Transportation dated May 2024, satisfactorily address Town of Oakville and Halton Region concerns related to but not limited to the proposal, development of the surrounding area including the functionality of Trafalgar Road and Burnhamthorpe Road.

37. Is the proposed road network appropriate, and will it allow for an acceptable and complete transportation network with sufficient capacity to accommodate development on the site and the adjacent lands?

38. Has the proposed development considered the condition of the surrounding municipal road network, and if it has the capability to convey the increase traffic and population due to the new development?

39. Does the application propose appropriate phasing of the proposed development with transportation improvements to ensure that safe and functional road network operations are maintained?

40. Does the application adequately demonstrate that the proposed development can be accommodated within the transportation network, with acceptable operations for private vehicle and transit traffic being maintained?

41. Does the application identify appropriate plans for efficient bus transit, cycling and pedestrian systems to support the proposed level of development?

42. Has the Transportation Impact Study (TIS) submitted in the support of the application, including their assumptions, analyses, conclusions and recommendations, appropriate and in compliance with all relevant guidelines, standards and requirements, including, but not limited to, in respect of the following a) Was the TIS prepared in accordance with terms of reference that were reviewed and approved by the Town, Region and MTO? b) Is the analysis in the TIS based on appropriate and most recent traffic counts? c) Does the analysis in the TIS assess all potentially impacted roads in the study area? d) Is the analysis in the TIS based on appropriate assumptions regarding background traffic growth that is consistent with the level of growth expected in the TUC 1? e) Is the analysis in the TIS based on appropriate assumptions regarding trip generation and distribution, including internal capture rates within the proposed developments and the TUC 1? f) Is the analysis in the TIS based on appropriate assumptions regarding background transportation improvements, including the timing of those improvements? g) Does the TIS contain an appropriate assessment of impacts on the existing road network (i.e., assuming additional improvements along Trafalgar Road and Burnhamthorpe Road are not implemented) and the acceptability of these impacts? h) Is the analysis in the TIS based on appropriate assumptions regarding future transit and active transportation facilities? i) Does the TIS appropriately address the appropriate future alignment of roads for the surrounding area? j) Does the TIS provide appropriate analyses and conclusions regarding traffic volumes generated by the proposed development, together with other proposed development and background growth? k) Does the TIS adequately demonstrate that accesses to the proposed development can operation safely and efficiently, that intersections have sufficient capacity, and that vehicle queues will no block access to and from the development sites? l) Does the TIS adequately address pedestrian, cyclist and transit performance? m) Does the TIS provide appropriate recommendations regarding the existing and future transportation network improvements that will be required to support the proposed development and background growth? n) Does the TIS demonstrate that the proposed development, together with other proposed developments and background traffic, will not impact traffic operations within the transportation network?

Non–Residential Uses

43. Has the proposal appropriately considered the North Oakville East Commercial Study and include an appropriate amount of commercial space on the site?

44. Does the proposal satisfactorily address the non-residential needs for this area with the introduction of future residents?

45. Does the application propose an appropriate mix of uses, and in particular non-residential (commercial, cultural and community) development, consistent with a vibrant mixed-use, complete community?

Parks

46. Does the proposal provide sufficient parkland to support the community?

47. Has the application appropriately assessed the public service facilities required, as part of a complete community, to support the level of development proposed?

48. Given the overall scale and amount of residential development proposed, has the application provided for and phased a sufficient amount of public service facilities (including parks) to support the development of a complete community, or provided for phasing in a manner that ensures sufficient public service facilities are in place at appropriate stages of development?

49. Should a public park be provided for on one of the sites subject to the proposed application?

50. Does the application propose privately-owned public space(s) (POPS) of appropriate size, configuration, location and design facilities that are functional as publicly-accessible space?

51. Do POPS locations appropriately account for sufficient sky view, solar access, and exposure and connections to the broader public realm, and take into account potential shadow and wind impacts of the proposed development?

Schools

52. Does the proposal provide adequate school sites to serve the future population?

53. Given the overall scale and amount of residential development proposed, has the application provided for and phased a sufficient amount of public service facilities (including schools) to support the development of a complete community, or provided for phasing in a manner that ensures sufficient public service facilities are in place at appropriate stages of development?

54. In order to address comments from the Halton District School Board and Halton Catholic District School Board, has the application provided for an appropriate amount of school space within the proposed development?

Servicing

55. Does the proposal through the submission of a proposed servicing plan within the EIR/FSS satisfactorily address regional concerns related to the Region approved Area Servicing Plan?

56. Does the proposal have sufficient servicing allocation to development the site?

Stormwater Management

57. Does the proposal as outlined in the EIR/FSS conform with the North Oakville Creeks Subwatershed Study?

58. Have stormwater management measures including but not limited to ponds, storage pipes, tanks, water quality treatment units and groundwater management been satisfactorily addressed?

59. Does the proposal for LIDs conform with Town's CLIECA Agreement with the Province (MECP)?

60. Does the proposed development and associated servicing meet the Town of Oakville's standard development practices?

Urban Design

61. Does the application appropriately implement the Town of Oakville Urban Design Guidelines: Livable by Design Manual, including, but not limited to, in respect of: a) Height of building base (3.1.1, 3.1.2); b) Ground floor treatment (3.1.3, 3.1.4); c) Frontage and setbacks (3.1.13-3.1.18); d) Building middle (3.1.22); e) Relation to the building base (3.1.23); f) Floorplate control and massing (3.1.25); g) Tower spacing an orientation (3.1.27, 3.1.28); and h) Transitions to adjacent surroundings (3.1.33)?

62. Does the application meet the objectives of the North Oakville Urban Design and Open Space Guidelines?

Surrounding Properties

63. Does the proposal provide satisfactory consideration and appropriate integration of the nearby and adjacent properties?

64. Does the proposal align with the proposed development from Infrastructure Ontario (OPA 1213.01)?

Issues List of Halton District School Board

Planning Act

65. Does the proposed Official Plan Amendment (the "OPA") have regard to matters of provincial interest set out in Section 2 of the Planning Act, particularly Subsections 2(i) and (n)?

Provincial Planning Statement (2024)

66. Is the OPA consistent with the Provincial Planning Statement (2024), including policies 2.1.6(a), 2.2.1(c), 2.3.1.2(b), 2.3.1.3, 2.3.1.6, 2.4.1.3(a), 3.1.1, 3.1.4, 3.9.1(a), 6.2.1(a) and 6.2.4?

Halton Regional Official Plan (May 16, 2024 Office Consolidation)

67. Does the OPA conform with the Halton Regional Official Plan, including policies 31(4), 72, 72.1(10), 77(5)(e) and (p), 77(12), 79(1) and (7), 82(1) and (2) and 152(2.1)?

Town of Oakville Official Plan (1984) (2006 Consolidation)

68. Does the OPA conform with the Town of Oakville Official Plan (1984), including Part B.1 and B.10, and the North Oakville East Secondary Plan, including policies 7.5.2(e)(i), 7.5.4(e), 7.6.4.2(iii), 7.6.14.1, 7.6.14.3, 7.7.7(b), and 7.9.2(b)(iv)?

General

69. Should the land use schedule in the OPA be revised to identify a school site to be located wholly within the subject lands?

70. Is a school site required to constitute the proposed development a complete community?

71. Does the OPA reflect good land use planning and is it in the public interest without the provision for an elementary school site?

ATTACHMENT 4

ORDER OF EVIDENCE

1. Argo Trafalgar Corporation
2. Town of Oakville
3. Halton District School Board
4. Star Oak Developments Limited
5. Argo Trafalgar Corporation (reply, if any)

ATTACHMENT 5

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.