WITNESS STATEMENT OF PETER A. RUSSELL, MCIP, R.P.P

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WITNESS STATEMENT OF PETER A. RUSSELL, MCIP, R.P.P Powered By Docstoc
					                       WITNESS STATEMENT OF
                   PETER A. RUSSELL, MCIP, R.P.P.
                                     Related to
                        Ontario Municipal Board Hearing
                                   Of Appeals by
                          Palm Place Developments Inc.
                        OMB FILE NUMBER: PL 031169


                                   June 14, 2005

A)   INTRODUCTION

     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.

B)   QUALIFICATIONS

     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
     matters:


     1.0    BACKGROUND

     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
     and uses.




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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?




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       Is the development sought by the appeals compatible with and
       contextually appropriate to surrounding land uses, and does it constitute
       good planning?

       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
       Community Plan.

       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.

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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
infrastructure.

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.



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