Intention to pass Amending By-law to remove a holding symbol at 77 East Street

2266 Lakeshore Facility Inc.
File No. ZH.12/23, Ward 1

You are invited to provide input as it relates to an application submitted under Section  36 of the Planning Act to remove two “H” holding symbols H1 and H51 from Zoning By-law 2014-014 applicable to the land located on the southeast corner of Lakeshore Road West and East Street.

An “H” holding symbol is a mechanism to ensure that certain conditions are met prior to the development of the lands proceeding in accordance with the approved Zoning. If the conditions are met, the town is required to remove the holding symbol upon application by the landowner, by passing a By-law under Section 36 of the Planning Act. 

1. Holding Provision Number H1 requires that the following condition(s) shall first be completed to the satisfaction of the Town of Oakville:
2. That sufficient water and wastewater services are available to the satisfaction of the Regional Municipality of Halton and the Town of Oakville. 
3. The owner has entered into any required servicing agreement(s) with the town regarding stormwater management. 
4. The completion of detailed design drawings required for the construction of road and infrastructure improvements.
5. Registration on title of an agreement between the owner and the town with 
6. respect to the road and infrastructure improvements. This agreement shall also address security and advancing of funds, or a letter of credit for the full cost of the road and infrastructure improvements. 
7. The registration on title of a Section 37 Agreement per the Planning Act.
8. All required land conveyances have been undertaken.

Holding Provision Number H51 requires that the following condition(s) shall first be completed to the satisfaction of the Town of Oakville:

1. The owner submits all supporting documentation such as a Phase 1 and Phase 2 ESA, (as per O. Reg 153/04); any remediation reports and a Record of Site Condition or a MOECP approved Risk Assessment, to demonstrate the lands are suitable for the intended use, to the satisfaction of Halton Region. The author of the environmental reports and Record of Site Condition submitted to the Region must extend third party reliance to Halton Region. 
2. Notwithstanding subsection "a" above, this Holding provision does not prevent the issuance of a building permit necessary to authorize:
   • i. The removal of soil, rock or fill for the purpose of making an excavation; or the erection of a retaining structure or other structure to support the sides of the excavation, that are erected to assist in the conduct of an investigation in relation to property, or for any other  activity necessary to accommodate site remediation for the purpose of filing a Record of Site Condition.

The Commissioner of Community Development, or their designate, will be deciding on the application to remove the holding provision on or after Monday, November 27, 2023.

Although there are no third-party rights of appeal on the removal of the holding symbol, you are entitled to notice and may make written submissions before the by-law is passed. Any submission should be forwarded to the Commissioner c/o the Town Clerk at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 (Dropbox is located in front of Town Hall) or at TownClerk@oakville.ca. 

Written submissions should be submitted no later than 9 a.m. on Monday, November 27, 2023.

All submissions should include the full name and address of the author.

If you wish to be notified of the decision on this matter, you must make a written request to the Town Clerk at the Town of Oakville, Clerk’s department, 1225 Trafalgar Road, Oakville, ON L6H 0H3 or at TownClerk@oakville.ca.

For more information about this matter, contact Robert Thun, Senior Planner, Planning Services department at 905-845-6601, ext. 3029 (TTY 905-338-4200) or at robert.thun@oakville.ca. 

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 may form part of the public record which may be released to the public.