ISSUE DATE: Tuesday April 8, 2025
CASE NO.: OLT-24-000823
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Spruce Rose Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA & DPSD to permit the creation of seven residential Lots
Reference Number: Z-1631.66
Property Address: 304 & 318 Spruce Street (Part of Block A, Plan H121, Part 1,2 & 3, 20R10208)
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-24-000823
OLT Lead Case No.: OLT-24-000823
OLT Case Name: Spruce Rose Inc. v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Spruce Rose Inc.
Subject: Proposed Plan of Subdivision - Refusal by Approval Authority
Description: ZBA & DPSD to permit the creation of seven residential Lots
Reference Number: 24T-24003/1613
Property Address: 304 & 318 Spruce Street (Part of Block A, Plan H121, Part 1,2 & 3, 20R10208)
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-24-000824
OLT Lead Case No.: OLT-24-000823
OLT Case Name: Spruce Rose Inc. v. Oakville (Town)
BEFORE: D. CHIPMAN, MEMBER
Tuesday the 8th day of April, 2025
THIS MATTER having come before the Tribunal;
AND THE TRIBUNAL having been advised by the Parties on April 4, 2025, that a full uncontested settlement had been reached, on consent;
THESE MATTERS involving appeals under 34(11) and s. 51(39) of the Planning Act, R. S.O. 1990, c. P. 13, as amended, regarding the refusal of the Town of Oakville with respect to applications for a Zoning By-Law Amendment and Draft Plan of Subdivision concerning the lands located at 304 and 318 Spruce Street having come before the Tribunal to consider a settlement proposal proffered on consent of the Parties on April 4, 2025;
AND THE TRIBUNAL having received and considered:
i. the uncontested opinion evidence of Paul Lowes, a Registered Professional Planner, a member of the Ontario Professional Planners Institute and Canadian Institute of Planners, in his Affidavit sworn on April 2, 2025;
ii. The Exhibits contained therein.
AND THE TRIBUNAL, having accepted the uncontradicted Affidavit evidence of Paul Lowes, with respect to the Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“PoS”) before the Tribunal in relation to lands known municipally as 304 and 318 Spruce Street in the Town of Oakville (“Subject Property”), and finding that the proposed ZBA and PoS, along with the prescribed conditions are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the Town of Oakville, including:
i. the Planning Act;
ii. the Provincial Planning Statement 2024;
iii. the Region of Halton Official Plan;
iv. the Town of Oakville Official Plan;
AND THE TRIBUNAL finding that the requested ZBA and PoS, as revised pursuant to the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrant approval, in principle, subject to the conditions agreed to by the Parties as set out in (Attachment 4);
AND THE TRIBUNAL, finds that it is satisfied that the proposed settlement along with prescribed conditions and revised instruments giving effect thereto:
a. have appropriate regard for matters of provincial interest under s. 2 of the Planning Act, in particular by optimizing the use of existing land and infrastructure within a settlement area;
b. are consistent with the policies and directives