Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 06, 2021
CASE NO(S).: PL200579
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 418 Waldemar Inc.
Subject: Request to amend the Official Plan - Refusal of request by City of Burlington
Existing Designation: Neighbourhood Commercial
Proposed Designated: Residential – High Density
Purpose: To permit a 13-storey residential apartment building
Property Address/Description: 418-422 Guelph Line
Municipality: City of Burlington
Approval Authority File No.: 505-01/20
LPAT Case No.: PL200579
LPAT File No.: PL200579
LPAT Case Name: 418 Waldemar Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 418 Waldemar Inc.
Subject: Application amend Zoning By-law No. 2020 - Refusal of Application by City of Burlington
Existing Zoning: Neighbourhood Commercial (CN1)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 13-storey residential apartment building
Property Address/Description: 418-422 Guelph Line
Municipality: City of Burlington
Municipality File No.: 520-02/20
LPAT Case No.: PL200579
LPAT File No.: PL200580
Heard: June 30, 2021 by video hearing
Parties and Counsel/Representative*
418 Waldemar Inc. (“Appellant”) Scott Snider Anna Toumanians* (in absentia)
City of Burlington (“City”) Blake Hurley
Region of Halton (“Region”) Kelly Yerxa
Paris Road Plaza Inc. (“Paris”) Maria Piro*
DECISION DELIVERED BY C. HARDY AND M. ARPINO AND ORDER OF THE TRIBUNAL
1This Decision and Order is issued following the third Case Management Conference (“CMC”) in the appeals of the Appellant from the refusal of the City of an application for Official Plan Amendment and Zoning By-law Amendment for the property located at 418-422 Guelph Line.
2At the first CMC held on March 18, 2021, the Tribunal granted party status to the Region and Paris. Participant status was granted to St. Clair Resident’s Association. As a result of technical difficulties, the Tribunal did not decide on the request for party status of AB Holdings Inc.
3At the second CMC held on April 12, 2021, the Tribunal granted participant status to AB Holdings Inc.
4The purpose of this CMC held on June 30, 2021 was to confirm the parties and participants, consider a draft Procedural Order and attached Issues List, and address opportunities for settlement discussions or mediation as a means to resolve the appeals.
Parties and Participants
5The Tribunal canvassed whether those in attendance at the CMC who were not already parties or participants were seeking same. None came forward.
Draft Procedural Order
6The Tribunal received a draft Procedural Order (“PO”) from the Appellant which is Exhibit 1 to the hearing. The Parties confirmed that they were satisfied with the PO.
Issues List
7The Parties agreed to the Issues List attached as Attachment 3 to the PO.
8The Tribunal requested the Parties collaborate and attempt to scope the issues. The Parties agreed that refinement of the Issues List was possible and agreed to work together to file a refined Issues List with the Tribunal on or before August 16, 2021.
9The Parties agreed that refinement of the Issues List would not impact the dates set out in Attachment 1 – Summary of Key Dates of the PO.
Opportunities for Settlement Discussions
10The Tribunal canvassed the Parties as to whether they have engaged in settlement discussions. The Appellant, the City and the Region stated that they were working collaboratively to narrow the scope of issues and that mediation would not be required. Paris stated that mediation was an option if the other Parties were interested.
Hearing
11The hearing for this matter has been scheduled for ten days to commence at 10 a.m. on Monday, November 29, 2021.
12Parties 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/337002725
Access code: 337 002 725
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: (Toll Free): 1 888 455 1389 or +1 (647) 497-9391. The access code is 337 002 725.
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.
ORDER
16The Tribunal directs the Parties on or before August 16, 2021 to submit a Procedural Order with a refined Attachment 3 – Issues List to the Case Coordinator for review by the Tribunal.
17This Panel is not seized.
18No further Notice will be given.
“C. Hardy”
C. Hardy
MEMBER
“M. Arpino”
M. Arpino
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.