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The Oakville Beaver W eekend, Saturday March 25, 2006 - 3 Fate of Shell House property in hands of 0MB Town argues developer abused planning process By Angela Blackburn OAKVILLE BEAVER STAFF Palm Place Developments abused the planning process, handcuffed Town of The addition of a trio of eight-to-12 storey apartments -- 370 units -- on Oakville council and held the public to ransom over the former Shell House the former Shell House property will bring variety and "affordable" housing to property on the Lake Ontario shoreline in west Oakville. southwest Oakville in keeping with the provincial push, for intensification. So charged the lawyer representing the town in her closing argument. So argued the lawyers for Palm Place Development as they closed their case During a day and a half, Toronto lawyer Jane Pepino argued the OMB in the seven-week Ontario Municipal Board (OMB) hearing over the property' s should either dismiss the application, deny it, follow town council's wish for future. low-density residential or something else. In more than a day of presentation, lawyer Patrick Devine said the Palm Pepino also pushed for the OMB to declare the property natural area. Place property contains no natural features mandatory to be recognized and is She reminded the OMB it should not overturn a council decision by sub not significant to migratory birds as other sites are better stopover sites -- and stituting what it believes best for the town. She argued it was up to the town that while the Town may say that an environmental impact study is required, to come up with its own planning vision -- backed by the public through the "no one was ever asked, for it." Official Plan process. \ Devine argued Oakville planning director She discredited the validity of many of Palm Peter Cheatley "provided evidence in support of Place's expert witnesses arguing most were the PalrirPlace appeal." tasked to justify the development. She noted Cheatley was called to testify by the OMB, not they were hired after a 1,000-unit proposal had Palm Place, the town, Conservation Halton or been hatched by GTA developer, the late Marco the Bronte Village Residents Association (BVRA) Muzzo. He was a principal in Palm Place and its -- all hearing parties. related company, New Province Homes, which Devine cited Cheatley's testimony that the built the Lakeshore Woods subdivision on for best use of the property is as a park. However, he mer Shell land north of Lakeshore Road. noted, "No one is prepared to put up any money Pepino contrasted their testimony with the to make it a public park. The Province has con town's witness, award-winning intensification sistently declined to do so,, there' s been no will and urban design expert Frank Lewinberg, who, ingness on the part of the public to do so and the for the first time in many OMB appearances, tes town has taken no steps to expropriate." tified against intensification in this case. Devine said though expropriation was Pepino charged there was no high rise, high believed to have been the topic of a recent density proposal that Palm Place planner Peter behind-closed-doors session at Town council, Russell had not supported. "We heard nothing from it." "This is what he does, he supports high-denWith a park off the table, Cheatley' s report sity development," she said. noted that to get the east half of the site as a park, Pepino went through what she called "the BARRIE ERSKINE / OAKVILLE BEAVER 300 units would be acceptable to the west. long and tortured history of Shell House." Devine said, "The preferred development pro Years ago when Halton Region expressed HOME FOR NOW: The fate of the home for these deer is up for grabs as lawyers for the Town posal is high density, make no mistake about it." interest in purchasing the property, Shell of Oakville and Palm. Place Developments made their closing arguments over a high-rise proposal The application is right in step with the refused. on the lakefront property before the Ontario Municipal Board last week. provincial push to intensify existing areas -- to Though numerous planning exercises over make the most of existing infrastructure and the years, Pepino said "a big stand off' occurred in which Halton, the town and province were all transit-- what Palm Place planner Peter Russell dubbed "the intensification imperative." unable or unwilling to acquire the property as a park. Palm Place argued that the private open space designation on the site's east half does not pro She added, by the same token, the various government levels "denied Shell anything more than tect the land as much as the public perceives. what it had" -- the same planning designation for low-density residential and private open space Devine argued evidence was put to the OMB by Cheatley that "the Town' s goals for housing are that has for years existed on the site. exceedingly dated." Pepino said that after New Province Homes bought the Shell land in 1999 and had gone He also charged council voted on the Palm Place application directly after coming from behind through the process to develop Lakeshore Woods to the north, its related company Palm Place closed doors. applied for, with only "the skinniest of supporting material," 1,000 units in high rises. Palm Place says its application should be viewed in conjunction with the 1997 Provincial Policy It appears from OMB testimony the planning calls, applications, and subsequent actions Statements (PPS) -- additional guides to the Planning Act -- and not the new 2005 PPS, which including the OMB appeal all were one form or another of hardball negotiation tactics. were adopted after its 2003 application. Palm Place lawyer Patrick Devine opened the hearing saying "We want to ensure that the Town Even so, Palm Place argued "Palm Place not only has regard for them, but is consistent with is not trying to do indirectly what it has not done directly." When asked by hearing officer Norm Jackson to explain, Devine answered, "Expropriation with them" -- a difference between the two is that applications should be consistent with, rather than have regard to, the PPS. out compensation." Palm Place also argued high and medium density development was included in the Lakeshore Thursday, Pepino, referring to expropriation, said when the OMB process is finished, "Council Woods subdivision, but that it was scaled back to low density, so making Palm Place high density will have some idea as to whether it should bankrupt the municipality or acquire the property with would recreate the balance. the assistance of ratepayers or something in between." With the province pushing for intensification as a means to save greenfields development, Pepino characterized Russell's testimony of the OMB appeal as an attempt by Palm Place to Devine argued "The intensification imperative is heightened-by the 2005 PPS." keep the town's "feet to the fire" as "an arrogant abuse of the board' s process." Devine argued the high rises would add a variety to the housing mix in Oakville, and would, in The lawyer said it served to "handcuff council and hold the public' s right to get information and Oakville's terms of affordability -- given some of the million dollar homes around -- add to the have input to ransom." "affordable" housing stock. Pepino suggested the board in its decision "address the propriety of that process." Devine argued there are no apartments in the area and transit is nearby. "I do not believe the board should condone such use of the process one bit. It brings this board's See Town page 4 See Lawyer page 5 "The seventh week in the Ontario Municipal Board (OMB) hearing over the future of the for mer Shell House property heard closing arguments. The OMB should make its written decision over the next several months. Palm Place applied for a 1,000 unit development in November 2003, then appealed to the OMB. Over time the proposal has been downscaled and finally appeared at the OMB as 370 units in three, seven-to-12 storey buildings on the west half of the property. %In return, the town would get the east half as a park. Palm Place developer says high rise fills need By Angela Blackburn OAKVILLE BEAVER STAFF