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8- The Oakville Beaver, Friday June 1, 2007 www.oakvillebeaver.com BVRA unhappy with Palm Place-OMB legal report By Kim Arnott SPECIAL TO THE BEAVER A year ago the Ontario Municipal Board (OMB) decided that 300 residential units in three buildings, ranging in height from five to eight storeys, could be erected on the former Shell House lands in Bronte. That decision flew in the face of the Town of Oakville's position that only 27 units in buildings no taller than three storeys should be built on the lakeside site. Last week, town politicians received a 41-page report which attempted to analyze why the town spent over $900,000 on the application, but didn't prevail at the OMB hearing. The extensive document, authored "I'm extremely disappointed with this report. From my perspective, I still have a whole lot of unanswered questions." Laurie McGinn, Bronte Village Residents Association by the town's legal department, basically says that the OMB opted to find the vision of town planners more credible than that of town residents or town politicians. But Laurie McGinn, vice-president of the Bronte Village Residents Association (BVRA), says the report offers "totally one-sided and biased" conclusions. "I'm extremely disappointed with this report," she said. "From my per- OAKVILLE - Celebrating 150 years! NOTICE OF PUBLIC INFORMATION MEETING & 2007 Operating and Capital Budget s NOTICE OF COMPLETE APPLICATION Amica (Oakville South) Inc 7:30 p.m. - C ouncil C hambers, Town Hall - 1225 Trafal gar Road Town File Number: Z.1730.34 Council 150, consider the 2007 Operating and Capital Budgets as will 154, 158 Bronte Road 140, 144, recommended by the 2007 Broken C ommittee of Monday, March Lots 56-60, M-10; ConcessionBudget Frontage, Part on Lot 30, S.D.S. 26 Monday, March 26, 200 7 spective, I still have a whole lot of unanswered questions." Town councillors requested the report last fall, after they received an e-mail from the BVRA asking a series of questions about the four-year long process that finally resulted in the OMB decision. However, on May 22, the town's Administrative Services Committee declined a verbal presentation from town solicitor Douglas Carr, and received the report without any questions or discussion. On May 28, the entire town council formally received the report ­ a process which essentially enters it into the town record, but requires no further action ­ again with no discussion or questions. The BVRA, which was formed as a result of the battle over the lands, had no one present to comment at either of the meetings. McGinn said that was because the report's release unfortunately coincided with planned family vacations for both BVRA president Brian Miller and herself. After returning from a cruise last weekend, McGinn heard that the long-awaited report had been released and received. The BVRA executive will be meeting to discuss the report and prepare possible recommendations for action to be considered by the association's membership at its annual general meeting on Wednesday, June 6. While not yet sure what the recommendation will be, McGinn said she has always pushed for a public inquiry into the circumstances surrounding the development of the eightacre treed site. "We believe there were some inappropriate things that happened that sealed in C ouncil C hambers. Members of the public appear as a to attend and must re input at thisthe Anyone wishin g to are invited dele gation provide gister with Public Information Meeting hosted by the Planningon Monday, March 26, 2007. held on: Clerk's Offi ce at 905.338.4235 by 12 noon Services Development to be Thursday, 21 June, 2007 at 7 p.m. C opies Room, Town Hall, 1225 Trafalgar Road Oakville of the Budget discussion document are available on the Town's Delegations will have a maximum of 10 minutes to address website at www.oakville.ca and in the Finance De C ouncil. partment located on the secon Oakville Town Hall, 1225 Trafalgar R oad between 8:30 a.m. The Town of d floor athas received a "Complete Application" by Amica (Oakville and Inc. p.m. South) 4:30 for an Official Plan Amendment and Zoning By-law Amendment. The Applicant is proposing for amend the Official Plan and Zoning By-law to allow a Written submissions to C ouncil's consideration may be sent, prior to seniors-orientedto the Town Clerk, Town of Oakville, 1225 Trafal 28 assisted-living the meetin g, development with 143 rental units, including gar Road, units. The L6J 5A6 or by email to townclerk "Residential Oakville, property is currently designated@oakville.ca . Low Density", "Residential Medium Density", and "Natural Area". Following this meeting, a staff report will be prepared, which will be presented at a future statutory public meeting before the Planning & Development Council. Notice of the public meeting will be advertised in the future. At this time there are no other applications, under the Planning Act, pertaining to the subject land. If you wish to be notified of the adoption of the proposed Official Plan and Zoning By-law Amendments, or of the refusal of a request to amend the official plan, you must make a written request to the Town of Oakville, Planning Services Department, P.O. Box 310, 1225 Trafalgar Road, Oakville, ON., L6J 5A6 If a person or public body does not make oral submissions at a public meeting or make written submissions to the Town of Oakville, Planning Services Department before the proposed Official Plan Amendment is adopted or the Zoning By-law is passed, the person or public body is not entitled to appeal the decision of the Town of Oakville Council to the Ontario Municipal Board. If a person or public body does not make oral submission at a public meeting or make written submissions to the Town of Oakville, Planning Services Department before the proposed Official Plan Amendment is adopted or the Zoning By-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. 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. Questions, written submissions or requests for notification may be directed to Gabe Charles, Senior Planner, Planning Services Department, at telephone 905-845-6601, extension 3984 or email: gcharles@oakville.ca. Dated at the Town of Oakville this 1st, day of June, 2007. For more information visit www.oakville.ca or call 905-845-6601 European Engineering Combined With Traditional Workmanship "Building on the Brightest Ideas Around Glass" 905.849.0266 Sizzle this Summer with a new BBQ the fate of the whole thing," she said, adding that Mayor Rob Burton promised the association a public inquiry during last fall's election campaign. The legal report outlines the details around a controversial parkland credit attached to the Shell House lands as a result of negotiations during the development of the Lakeshore Woods subdivision. While developers are required to contribute a portion of lands in any new development to the town for parkland or green space, an agreement with New Province Homes (Metrus Developments) resulted in a higher than required amount of land donated to the town. In exchange, the town agreed that if an application was made to develop the Shell House lands property on the south side of Lakeshore Road, a parkland donation would not be required for the first 300 units built. While the agreement didn't legally entitle the developer to build 300 residential units on the property, the OMB suggested the credit may have been seen as a starting point for development. McGinn describes it as a "behindthe-scenes deal," and blames the parkland credit for resulting in the development that was eventually approved for the property. The legal report released last week notes," Whether or not the settlement that was reached with Metrus was, in the end, a good deal for the Town, is a matter of debate." The report adds that no commitments were made around development of the Shell House lands, but also notes that town staff didn't analyze whether the parkland credit would impact on the town's ability to resist high density development on those lands in the future. The report also notes that the Lakeshore Woods settlement, including the parkland credit, was publicly approved. But McGinn says there was no way for someone interested in the Shell House lands to be aware of the future impact the deal would have on that property. "It clearly was not a public forum that could have been understood by anyone that was impacted," she said. "I'm not satisfied. I would like citizens in the Town of Oakville to understand how development decisions are made in this town that impact them." While the OMB approved the 300unit development for the west side of the property, it also ordered the developer to give the east half of the property to the town for a public park. The OMB also offered the town the option of purchasing the entire property for parkland, but councillors decided the cost was prohibitive. 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