Notice of Refusal of Request for 2266 Lakeshore Road West & 83 East Street - Symgine (Lake East) Inc.

Tue, 31 May 2016

Refusal of Official Plan Amendment & Zoning By-law Amendment
Z.1728.61, Ward 1

Council refused this application for an official plan amendment and zoning by-law amendment under sections 22 and 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended on May 16, 2016.

The applicant is seeking to amend the Official Plan to permit a twelve storey building with an opportunity for an additional eight storeys of height through bonusing to allow a twenty storey building.

The proposal requires an Official Plan Amendment to change the existing land use designation on the site from “Main Street 1” with bonusing policies to “Urban Core” with bonusing policies. In addition, the proposal requires a Zoning By-law Amendment to rezone the lands from Main Street 1 (H1 MU1) to Urban Core (H1 MU4) with regulations specific to the subject property related to building height, building setback and parking.

The impact of the proposed Official Plan Amendment and Zoning By-law Amendment is to allow the development of a 20 storey mixed use building, containing 144 residential units with retail and service commercial uses at grade and mezzanine levels.

The subject lands are located at the southeast corner of Lakeshore Road West and East Street.

This application was refused for the reasons outlined in the staff report dated April 25, 2016, Item 2 on the agenda for the Planning and Development Council meeting of May 16, 2016.

At this time there are no other applications, under the Planning Act, R.S.O. 1990, c. P.13, as amended, pertaining to the subject land.

A person or public body that requested an amendment to the Official Plan of the Town of Oakville may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment by filing a notice of appeal with the Town Clerk of the Town of Oakville.

Any appeals to the refusal of official plan amendment and/or zoning by-law amendment must be filed with the Town Clerk, 1225 Trafalgar Road, Oakville, ON, L6H 0H3, setting out the reasons for the appeal and the specific part of the requested amendment to which the appeal applies, together with a certified cheque or money order in the amount of $125.00 payable to the Minister of Finance.  A copy of the appeal form is available from the Ontario Municipal Board.

Only individuals, corporations or public bodies may appeal a by-law or a decision of the municipality or planning board to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before the requested Official Plan Amendment was refused and/or the by-law was refused, the person or public body made oral submissions at a public meeting, if any, or written submissions to Council c/o the Town Clerk or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

The decision of the Town of Oakville Council is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.

The public may view planning documents and background material at the Planning Services Department between 8:30 a.m. and 4:30 p.m., Monday through Friday, or on the development application page.

Questions may be directed to:

Melissa Dalrymple
Planning Services Department
905-845-6601, ext. 3297 (TTY 905-338-4200)

The personal information accompanying your submission is being collected under the authority of the Planning Act, R.S.O. 1990, c. P.13, as amended, and can form part of the public record which may be released to the public.