Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 24, 2021
CASE NO(S).:
PL200648
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Pine Street Burlington Corp.
Subject:
Request to amend the Official Plan - Failure of the City of Burlington to adopt the requested amendment
Existing Designation:
Downtown Residential Medium and/or High Density Precinct
Purpose:
To permit an 11-storey mid-rise residential building
Property Address/Description:
2085 Pine Street
Municipality:
City of Burlington
Approval Authority File No.:
505/03/19
LPAT Case No.:
PL200648
LPAT File No.:
PL200648
LPAT Case Name:
Pine Street Burlington Corp. vs. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Pine Street Burlington Corp.
Subject:
Application to amend Zoning By-law No. 2020 - Refusal or neglect of the City of Burlington to make a decision
Existing Zoning:
Downtown Medium Density Residential
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit an 11-storey mid-rise residential building
Property Address/Description:
2085 Pine Street
Municipality:
City of Burlington
Municipality File No.:
520/06/19
LPAT Case No.:
PL200648
LPAT File No.:
PL200649
Heard:
June 14, 2021 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Pine Street Burlington Corp.
Denise Baker
City of Burlington
Blake Hurley
MEMORANDUM OF ORAL DECISION DELIVERED BY MARGOT BALLAGH ON JUNE 14, 2021 AND ORDER OF THE TRIBUNAL
1This Decision and Order results from the first Case Management Conference (“CMC”) by video hearing (“VH”) on the Appeals by Pine Street Burlington Corp. (the “Applicant/Appellant”) pursuant to s. 22(7) of the Planning Act (the “Act”) from the failure of the City of Burlington (the “City”) to adopt the requested site-specific amendment to the OP (“OPA”) within the legislated timeframe, and pursuant to s. 34(11) of the Act from the failure of the City to make a decision on the requested site-specific amendment to the Zoning By-law No. 2020 with respect to the lands known municipally as 2085 Pine Street and legally described as: PT LT 9 BLK L, COMPILED PLAN PL92, PT LT 10 BLK L, COMPILED PLAN PL92, AS IN 569355, EXCEPT PT 1, 20R6031; BURLINGTON (the “subject property”).
2The purpose of the requested OPA for the subject property, which is designated ‘Downtown Residential/Medium and/or High Density Precinct” in the City’s Official Plan (2008), is to facilitate a site-specific policy to permit a maximum density of 375 units per net hectare, to permit commercial uses within the ground floor of the proposed mid-rise building as well as within the heritage building on the subject property, and to allow ‘non-ground oriented housing’ to have access to a local road.
3The purpose of the ZBA is to rezone the subject property from ‘Downtown Medium Density Residential (DRM-472)’ to a site-specific ‘Downtown Medium Density Residential (DRM-XX)’ zone to permit a maximum height of 11 storeys (40 metres) and to permit limited office, retail or service commercial uses, as well as other provisions to recognize the proposed built form, such as density, amenity area, parking, front and side yard setbacks.
4At the CMC, there were no requests for party status.
5There were two requests for participant status, both of which were unopposed by counsel for the parties. One request was from Gary Care, who told the Tribunal that he had participated at the statutory public meeting on September 10, 2019 regarding the proposed development on the subject property; resides at a neighbouring property at 402 Martha Street; and intends to represent the residents who reside at townhouses directly abutting the subject property at 402, 404, 406, 408 and 410 Martha Street. The Tribunal was satisfied that Mr. Care has an interest in the proceedings and granted him participant status. Mr. Care will need authorization from anyone else he purports to represent. The second request for participant status was from Leo Campione who told the Tribunal that he resided across the street from the subject property at 443 Pearl Street. The Tribunal was satisfied that Mr. Campione has an interest in the proceedings and granted him participant status.
6The Tribunal explained to the participants that their participation is limited to written Participant Statements. In order to provide an opportunity for the parties to consider the concerns raised in the Participant Statements, the participants are directed to file their Participant Statement no later than Friday December 10, 2021, as set out in the Procedural Order.
7The Affidavit of Service of the Notice of CMC, sworn May 18, 2021 by Marie Wakefield, confirmed proper notice had been given and was marked Exhibit 1.
8The Tribunal discussed with counsel the opportunity to access Tribunal-led mediation to explore resolution of the issues. Counsel acknowledged that they would arrange for this service through the Tribunal’s Case Coordinator if needed after their discussions to scope the issues. Denise Baker referred the Tribunal to a draft procedural order (“PO”) which included an Issues List prepared by both counsel and requested that the Tribunal schedule a hearing for eight days. Ms. Baker agreed to revise the PO to reflect the new participants, the appropriate dates to correspond with the hearing date and the wording in Issues no. 12 (to clarify “from”) and no. 18 (to update the reference to “LPAT”), and to file the revised draft PO on consent for consideration of the Tribunal.
9Blake Hurley concurred with Ms. Baker’s request for a hearing date and the duration of the hearing being eight days.
10Neither counsel considered a second CMC necessary at this time. Should there be any procedural issues that arise, counsel may request a CMC through the Tribunal’s Case Coordinator.
11The Tribunal scheduled a hearing on the merits by VH for eight days to commence on Wednesday, January 19, 2022 at 10 a.m.
12Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/193588541
Access code: 193-588-541
13Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373. The access code is 193-588-541.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16Following the CMC, the Tribunal received the revised draft PO for consideration and approval. The Tribunal orders that the PO, appended as Schedule 1 to this Decision and Order, shall be in full force and effect for the purposes of governing the required procedure leading up to and including the eight-day hearing as scheduled above.
17This Member is not seized.
18There will be no further notice.
19This is the Order of the Tribunal.
“Margot Ballagh”
Margot Ballagh
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.