Notice of Case Management Conference

The TCRA position, as outlined in a letter below, was influential in the councillors decision to oppose the development as presently put forward by the Developer. The first Hearing Event will be a Case Management Conference on Tuesday August 31, 2021 at 10:00am

The Town will be a Party to the Hearing.  The TCRA will be a Participant.

The Town has offered to try and negotiate a settlement on a Without Prejudice basis based on the Town Position. Staff have not yet heard back from the Developer with any suggestions.

Following delays by the Town, (in part due to COVID disruptions) in responding in a timely manner to the proposal to replace the old Medical Arts Building at 358 Reynolds with a condo development, the owners have appealed to the Ontario Local Planning Appeal Tribunal (LPAT) for resolution. 

TCRA will represent the views of residents in the role of Participant in the LPAT hearing and begin preparing for the Case Management Conference (CMC) which will take place in early August, with the LPAT hearing in the October/November timeframe.

Concerned neighbours are encouraged to register as a Participant in the hearing. A Participant is entitled to submit a written statement to LPAT regarding the case concerned. Contact Sally Reynolds at sreynolds6@yahoo.ca for further information on becoming a Participant  in the hearing. 

TCRA Concerns include: 

Height, Density and Mass:

The proposed height of almost 15 metres is more than 1.5 time higher than allowed by current zoning and 2.5 times higher than neighbourhood homes. The existing zoning RL5-0 allows for up to 29 units per hectare. The proposed building equates to 49 units per hectare. The average density of single-family homes in the area is 14 units per hectare. In addition, the massing is a major concern as the proposed building will occupy approximately 60% of the lot versus current zoning which allows 35% lot coverage. 

Proximity:

The set back from the south lot line is proposed at 3 metres when balconies are taken into consideration. By using the Reynolds Street address versus the MacDonald Road, which the building will face, the backyard of the proposed building is treated by the developer as the flanking yard thereby reducing the set back from 7.5 metres (required of a backyard) to 4.5 metres (as required of a side yard). The developer is requesting a further unreasonable reduction of the set-back to 3 metres thereby impacting the privacy of neighbours to the south. 

Orientation/Balconies

As stated above the developer is seeking an unreasonable set-back of 3 metres. Current zoning does not allow balconies. The proposed building has 8 balconies overlooking neighbours to the south with a set-back of 3 metres thereby seriously compromising their privacy. In combination these two variances to zoning are untenable. 

Public Meeting Report - Official Plan Amendment and Zoning By-law Amendment - Transmetro Limited - 358 Reynolds Street - File Nos.: OPA.1613.63 and Z.1613.63

-  Report from Planning Services Department,
September 23, 2020

1. That the public meeting report prepared by the Planning Services Department dated September 23, 2020, be received.

2. That comments from the public with respect to the proposed official plan amendment and zoning by-law amendment submitted by Transmetro Limited (File Nos.: OPA.1613.63 and Z.1613.63), be received.

3. That analysis of the following matters of interest to Council be included as part of the recommendation report:

a)  Prepare a density analysis of the immediate neighbourhood.

b)  Confirm the density in the town’s South Central Public Land Study.

c)  Confirm the heights of the homes in the immediate area and number of storeys.

d)  Confirm the height of the existing medical building.

e)  Consider compatibility with the balconies and resultant overlook issues with the abutting residential neighbourhood.

f)  Provide details with respect to the daylight triangle that is required.

g)  Provide details with respect to the mobility hub being the Oakville GO Station.

h)  Consider the impacts as a result of the reduced setback proposed to the southerly property line.

i)  Report back on the impact of the proposed 15 metre versus 9 metre height.

The Town Planning Services report on the proposal to replace the old Medical Arts Building at 358 Reynolds (corner of Reynolds and Macdonald) with a 3-storey condo apartment building comprised of 14 apartments was received by the Heritage Oakville Advisory Committee on 18 August.  Questions were raised by the Committee with respect to the requested zoning amendment, and the impact of the proposed new building on the heritage district.  Minutes of the meeting are pending.  The next step is for the proposal to be considered by the Planning and Development Council (yet to be scheduled).  Click here for the Agenda of the Advisory Committee meeting.  Scroll down to item 4c, "Review of development application, 358 Reynolds Street", click on it, and the click on the "Supporting Materials" in the top right-hand corner of the screen.  The Staff Report is the first item, and the Building's design concept is the last item.

 At a public consultation on November 6th at Grace Lutheran Church, Architect Bill Hicks presented a proposal to redevelop the Medical Arts Building at 358 Reynolds Street (owned by Transmetro Ltd. and situated at the south-west corner of Reynolds and Macdonald), to a three storey, 14 condo apartment building.  The proposal will require a Zoning amendment from Low Density Residential to Medium Density Residential.

TCRA members questioned whether it is acceptable to replace a legal, non-conforming structure with a medium-density (high end of range) development within a stable, low-density residential area in the Trafalgar Road Heritage District.  The transition from immediately adjacent detached single-family homes to a three-storey condo will cause massing and shadowing issues in the immediate area.   Our members are also very concerned with density creep especially as it might affect those properties south on Reynolds St. and east and west on Macdonald Rd.

We are hopeful that our concerns will be reflected in a revised iteration.