du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
March 19, 2025
CASE NO(S).:
OLT-24-001221
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
2652508 Ontario Inc.
Subject:
Application to amend the Zoning By-law –
Refusal or neglect to make a decision
Description:
To facilitate 26-storey building with 295 residential units
Reference Number:
Z.1614.76
Property Address:
627 Lyons Lane
Municipality/UT:
Oakville/Halton
OLT Case No:
OLT-24-001221
OLT Lead Case No:
OLT-24-001221
OLT Case Name:
2652508 Ontario Inc. v Oakville (Town)
Heard:
March 14, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
2652508 Ontario Inc. (“MGM Developments”)
Russell Cheeseman
Stephanie Fleming, co-counsel
Town of Oakville (“Town”)
Nadia Chandra
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON MARCH 14, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a first Case Management Conference (“CMC”) in respect of the Appeal filed by MGM Developments pursuant to s. 34(11) of the Planning Act, (“Act”) which relate to an application for a Zoning By-law Amendment (“ZBA”) for a proposed residential development at 627 Lyons Lane (“Subject Property”) in the Town of Oakville, for which no decision was rendered by Council.
2The ZBA application seeks modification to the existing zoning to allow for the rezoning of the Subject Property for Existing Development (ED) to Residential High (RH) with a special site provision.
3MGM Deve seek to permit the development of a 26-storey residential building with 295 residential units and associated vehicular and bicycle parking spaces.
Service of Notice of CMC
4There is no issue with service of the Notice of this CMC, and so no further notice is required.
Requests for Status
5At the CMC, the Tribunal had only the statutory parties: there were no requests for any other parties or participants.
CMC HEARING
6Russell Cheeseman, counsel for MGM Developments, advised the Tribunal that ongoing discussion with the Town have been positive. He stated that the MGM Developments was proposing to revise the initial application to reflect an increase in height from 26 storeys to 40 storeys. With this, he advised he is aware that an Official Plan Amendment (“OPA”) would be necessary and that the appropriate filings would be submitted in the near future. He reiterated that his client had the right to amend the application as the appeal was filed as a result of a non-decision of Council.
7The Tribunal was advised that the Town has passed OPA 70, and that the amendment is now in the hands of the Ministry of Municipal Affairs and Housing for final approval. As well, the application has been forwarded to the Ministry of Infrastructure, for comments regarding the Transit-Oriented Communities (“TOC”) initiative.
8Nadia Chandra, counsel to the Town, informed the Tribunal that this was her first time hearing that the application would be amend to 40-storeys. She indicated that a Public Meeting had been conducted on the 26-storey proposal. Ms. Chandra requested that she reserve the right to take this matter to Council for further direction on the revisions being proposed.
MEDIATION
9The Parties informed the Tribunal that a Tribunal-led mediation was scheduled for later in the day that this CMC was heard.
NEXT STEPS
10On consent, the Parties requested a second CMC in the fall. Based on the revision’s forthcoming and the OPA that will be requested by the MGM Developments, the Tribunal directs that a second CMC is in order.
11Accordingly, the Tribunal set a second CMC for Monday September 29, 2025, at 10 a.m. by video conference.
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
12Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
13Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1(888) 299-1889 or +1 (647) 497-9373. The Access Code is indicated above.
15Individuals 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 Video Hearing 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.
ORDER
16THE TRIBUNAL ORDERS its directions in this Decision.
17This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
18No further notice will be given.
D. Chipman
D. CHIPMAN
MEMBER
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.