WITNESS STATEMENT OF
PETER A. RUSSELL, MCIP, R.P.P.
Ontario Municipal Board Hearing
Of Appeals by
Palm Place Developments Inc.
OMB FILE NUMBER: PL 031169
June 14, 2005
This witness statement outlines the evidence that I intend to provide to the
Ontario Municipal Board regarding the various appeals filed on behalf of Palm
Place Developments Inc., affecting part of the 3.66 hectare (9.05 acre) property
known as 3506 Lakeshore Road West, consisting of Part of Lots 34 and 35,
Concession 4, south of Dundas Street in the Town of Oakville, and more
specifically described as Parts 1 and 3 on Reference Plan 20R-14922.
These lands are located south of Lakeshore Road West, north of the Lake Ontario
shoreline, and east of the south terminus of Burloak Drive.
I am a Registered Professional Planner in the Province of Ontario, and Partner in
the firm KLM Planning Partners Inc., Urban Planners & Development
Consultants. A copy of my current Curriculum Vitae is attached.
C) OUTLINE OF EVIDENCE
It is my intention to provide evidence to the Board in support of the applications
by Palm Place Developments Inc., and in particular in relation to the following
I will provide the Board with a description of the lands subject to the applications
before the Board, as well as an overview and description of the surrounding area
I will also discuss the current local and regional Official Plan land use
designations affecting the subject lands and surrounding area, together with some
of the history associated with those designations.
2.0 PROPOSED DEVELOPMENT PLAN
My evidence will define the nature and specifics of the applications before the
Board for approval.
3.0 POLICY FRAMEWORK
I will provide the Board with the relevant policy framework for consideration of
the Palm Place proposal, including the:
1997 Provincial Policy Statement
2005 Provincial Policy Statement
The Ontario Smart Growth Initiative
Places to Grow Discussion Paper
Places to Grow Draft Growth Plan
Halton Region Official Plan
Town of Oakville Official Plan
Bronte Community Plan
Town of Oakville Comprehensive Zoning By-law 1984-63 as amended
4.0 ISSUES TO BE ADDRESSED
During my evidence I will address the following matters identified as issues in the
Procedural Order relating to this hearing:
Does the development sought by the appeals
a) conform to the Bronte Secondary Plan?
b) conform to the Oakville Official Plan?
c) conform to the Regional Official Plan?
Is the development sought by the appeals compatible with and
contextually appropriate to surrounding land uses, and does it constitute
Does the approval of the development sought by the appeals require the
Board to find that the development is required to achieve the goals of:
a) the Bronte Secondary Plan;
b) the Oakville Official Plan; and,
c) the Regional Official Plan?
Does the proposed development have regard to any relevant Provincial
Policy, including the PPS?
Are the amendments to the Official Plan and Zoning By-law proposed by
the Town appropriate for approval and are the conditions attached to
Council’s Resolution of March 2, 2005, reasonable and appropriate?
With respect to the development sought by the appeals:
a) What is the appropriate height?
b) Will there be unacceptable traffic impacts which cannot be mitigated?
c) Has the appropriate top-of-bank been defined for the purposes of
determining the development setback?
d) Should arrangements, including financial contributions, be made for
maintenance, repair and rehabilitation of the shoreline protection
works in the short and long term?
e) What are the implications of the development proposal with respect to
potential impacts to migratory birds and should conditions be imposed
to address those impacts?
f) Should a tree preservation zone be imposed adjacent to Lakeshore
Road and the Lake Ontario Shoreline?
g) Should the development be made subject to a holding provision with
respect to wastewater capacity? (Issue to be removed based on
agreement with Halton Region staff)
5.0 OPINION ON MATTERS IN ISSUE
It is my opinion that:
The proposals before the Board conform to the Halton Region Official
Plan and conform to the intent of the Town’s Official Plan and Bronte
The proposed development will not physically or functionally impact
adjacent uses, is compatible with adjacent uses, and represents an
appropriate development form within the context of surrounding uses.
The Board need not find approval of the proposal is required to achieve
the goals of the relevant Official Plans; it is enough that the proposal
advances and meets the goals and policy objectives of those documents.
The Palm Place Developments Inc. proposal conforms to and implements
the policies of the Provincial Policy Statement, and is consistent with the
direction of the evolving policy context within the Province of Ontario.
The amendments to the Official Plan and Zoning By-law proposed by
Town Council are not appropriate. The development form envisioned by
Council’s resolution of March 2, 2005, represents an underutilization of
serviced developable land within the urban area.
The proposed 12 storey residential (37 metre) height reflected in the Palm
Place Developments Inc. proposal is appropriate.
There will be no unacceptable traffic impacts resulting from the proposed
development. On the contrary, the proposal provides an opportunity to
optimize existing transportation infrastructure, and provides the potential
for increased public transit ridership and improved public transit
The top-of-bank and development limits associated with the Lake Ontario
shoreline have been appropriately defined and incorporated into the
proposal before the Board.
The Town of Oakville Official Plan requires that appropriate arrangements
be made for the installation and maintenance of shoreline protection
works. Such arrangements can be more appropriately addressed at the site
plan and plan of condominium stage of development.
The Palm Place lands have been shown not to be significant to migratory
birds. The lands are not significant wildlife habitat, and the proposed
development will not have any negative impacts on migratory birds,
therefore conditions relative to migratory birds are not required.
The proposed development concept provides sufficient setbacks for
preservation of the vast majority of existing mature trees adjacent to
Lakeshore Road and the Lake Ontario Shoreline.
A holding provision related to wastewater servicing capacity is
unnecessary as the planned infrastructure improvements that will
accommodate the proposal are to be in place by the fall of 2005. Since
their initial request for a holding provision, Halton Region staff has agreed
none is required, and the matter can be removed from the issues list.