REPORT. LOCATION: Town wide WARD: Town wide Page 1. That the Legal report dated June 1, 2010 be received for information.

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1 REPORT MEETING DATE: JUNE 21, 2010 FROM: Legal Department DATE: June 1, 2010 SUBJECT: Livable Oakville Appeals LOCATION: Town wide WARD: Town wide Page 1 RECOMMENDATION: That the Legal report dated June 1, 2010 be received for information. KEY FACTS: The following are key points for consideration with respect to this report: Originally 56 appeals to Livable Oakville; now 47 appeals Livable Oakville Pre-hearing conference held May 26, 2010 Update to Council on next steps with respect to moving Livable Oakville forward through the approval process. BACKGROUND: Livable Oakville was adopted by Council on June 22, 2009 and approved by the Region of Halton on November 30, Following the approval by the Region of Halton, 56 appeals were filed with the Ontario Municipal Board (the Board ). Since the initial filing of 56 appeals, the Board has administratively closed two of the appeals and seven appellants have withdrawn. Below is a table listing the current appellants, the location of their land and the general policy area being appealed: Appeal No. Location Appellant General Policy Area Chartwell Road Brian H. Wheatley Lakeshore Road E. Paul Gardiner

2 Page Lakeshore Road W. 394 Lakeshore Oakville Holdings 4. Coronation Drive, Block 212, Ontario Plan 20M-858 Ashley Oaks Homes , 346, 362 Lakeshore Kamal Sharma Road West Maple Grove Drive Maple Grove United Church 7. Town wide Dr. Morar Murray-Hayes on behalf of Interfaith Council of Halton 8. Town wide Halton Presbytery of the United Church of Canada Lakeshore Road W. Appleby College Private school policies Neyagawa Boulevard Rotherglen School Private school policies Trafalgar Road MacLachlan College Private school policies Linbrook Road St. Mildred s Lightbourn School Private school policies Upper Middle Road E. Glenburnie School Private school policies Water Street The Oakville Club Waterfront policies Lisonnaly Court Diana Howard Waterfront policies Westdale Road Marion Ferris Waterfront policies Lisonally Court Matthew Barrett Waterfront policies Lakeshore Road East Edgemere Estate Speers Road LBS Oakville (1998) RONA Home Improvement Store Waterfront policies acres north-east corner of Eighth Line and North Service Road East. Paletta International Corporation, by-ways Constructions and Ryan Lee Investments

3 Page Town wide Melrose Investments et al. Downtown growth area policies 22. Burloak Drive and Rebecca Oakville Great Lakes Street Marketplace Trafalgar Road Oak-land Ford Lincoln North Service Road E. Local 707 CAW South Service Road E Ontario Monte Carlo Inn Cross Avenue Ontario Swiss Chalet , 301, 321, 351, and 361 Cornwall Road and 485 Trafalgar Road First Capital Holdings Trust Cross Avenue Home Depot Holdings 29. Trafalgar Village Mall Centre City Capital 30. Lakeshore, Jones and Bronte Roads Ontario Bronte Village Mall Bronte Village growth area policies Lakeshore Road West Michael Moldenhauer and 588 Kerr Street Transcounty April Investments Ltd Ontario Kerr Street Oakville Developments Bronte Village growth area policies Kerr Street Vince Crocitto 35. Kerr and Speers Riverstone Residences of Oakville 36. Taunton Road and Oak Park Emshih Developments Blvd acres bounded by Trafalgar, Dundas, and Oak Park 38. South-west corner of Dundas and Trafalgar Silgold Developments Ontario -(Fitzsimmons)

4 Page Blocks 2,3,4 and 15 Plan 20M-1032 Silwell, Pouncet Main Street, Pouncet Main Street II 40. Town wide Mattamy Realty Relationship of Livable Oakville with ROPA 38, ROPA 37 and North Oakville Infrastructure Requirements for Growth Areas Active Transportation Master Plan Transit Service Design Standards , 1316, 1342, 1354 and Victor Enns Natural Heritage System mapping 1372 Bronte Road 42. Town wide Transcanada Energy Energy Generation policies 43. Town Wide Grandeur Luxury Homes Site Plan Control policies Terms compatible and consistent Chartwell Road Domenic D Urzo Development Application 45. Navy and Robinson Ontario Development Application and Janice Johnston Lakeshore Road East Mary Elizabeth O Neill Development Application 47. Lands in Palermo Village Fox Farm Developments Development Application COMMENT: The Board set May 26, 2010 for the first pre-hearing conference with respect to the appeals. At that pre-hearing a number of other parties came forward seeking party status. The Board has set June 11, 2010 and June 16, 2010 to hear submissions as to whether these groups should be granted party status. In addition, at that pre-hearing, the Board set August 16, 2010 as the deadline for the appellants to provide their issues lists to the Town, and set October 4 and 5, 2010 as the next pre-hearing date. It is anticipated that at the next pre-hearing conference the appellants will be grouped based on common issues. Hearings will then be scheduled according to those groupings. Leading up to the May 26, 2010 pre-hearing, the Town has worked with a number of appellants to see if the issues which they have raised to date could be addressed through modifications to the Plan. At a future date, Legal staff will bring forward a confidential report dealing with some proposed modifications where legal staff will be seeking instructions from Council.

5 Page 5 Legal staff may bring additional reports to Council to update on the status of the remaining appeals and seek further instructions as required before the second prehearing conference. In addition, planning staff will provide updates to the Town s website to ensure that the public is kept up to date with respect to the Livable Oakville appeals. CONSIDERATIONS: (A) PUBLIC The public has been involved in the Livable Oakville process from the outset. The Ontario Municipal Board process is open to the public and the website will continue to be updated to provide information on the status of appeals. (B) FINANCIAL None arising from this report (C) IMPACT ON OTHER DEPARTMENTS & USERS The Planning Department has reviewed this report and participated in the Livable Oakville Pre-hearing (D) CORPORATE AND/OR DEPARTMENT STRATEGIC GOALS This report addresses the corporate strategic goal to: be accountable enhance our cultural environment enhance our social environment be the most livable town in Canada (D) COMMUNITY SUSTAINABILITY This report addresses the 4 pillars of sustainability as it updates Council and the public with respect to the Town s new Official Plan. Prepared by: Denise Baker Assistant Town Solicitor Submitted by: Douglas Carr Town Solicitor

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