Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 29, 2022
CASE NO(S).: OLT-21-001738
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Emshih Developments Inc.
Subject: Request to amend the Official Plan – Failure of the City of Burlington to adopt the requested amendment
Existing Designation: General Employment and Neighbourhood Commercial
Proposed Designation: Site Specific (To be determined)
Purpose: To permit a large scale, neighbourhood commercial development
Property Address/Description: 700-800 Burloak Drive
Municipality: City of Burlington
Municipal File No.: 505-06/04
OLT Case No.: OLT-21-001738
OLT File No.: OLT-21-001738
OLT Case Name: Emishih Developments 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: Emshih Developments Inc.
Subject: Application to amend Zoning By-law No. 2020 - Refusal or neglect of City of Burlington to make a decision
Existing Zoning: GE2-48 and CN2
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a large scale, neighbourhood commercial development
Property Address/Description: 700-800 Burloak Drive
Municipality: City of Burlington
Municipality File No.: 520-11/04
OLT Case No.: OLT-21-001738
OLT File No.: OLT-21-001739
Heard: March 21, 2022 by video hearing
APPEARANCES:
Parties
Counsel
City of Burlington
Blake Hurley
Emshih Developments Inc.
Meredith Baker and Nancy Smith (in absentia)
Regional Municipality of Halton
Kelly Yerxa
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH AND S. deBOER ON MARCH 21, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Emshih Developments Inc. (“Applicant/Appellant”) wishes to redevelop the subject site known Municipally as 700 and 800 Burloak Drive with a large scale, neighborhood commercial development, which would include four commercial buildings ranging in size from 700 square meters (“sq m”) to 2249 sq m. The proposed uses include: restaurants, fast food, grocery, fitness club, daycare and other general retail uses - no residential units are proposed. The Official Plan Amendment would permit retail/service commercial and the Zoning By-law Amendment would permit retail/service commercial and daycare uses.
2The site is approximately 1.7 hectares and is located within the Urban Area. The southerly portion of the site (700 Burloak Drive) was developed in accordance with the CN2 Zone with a commercial plaza, which is currently in operation. The 800 Burloak Drive portion of the site is currently vacant and was added to the Region’s Employment Area Overlay. Abutting properties include a CN rail right-of-way, residential, retail and commercial uses as well as Sherwood Forest Park.
3Applications were made to the City of Burlington (“City”) for the Official Plan and the Zoning By-law Amendments. The Applicant/Appellant has filed appeals with this Tribunal based on the City’s failure to render a decision within the prescribed time limits under the Planning Act.
4This is the first Case Management Conference (“CMC”) respecting the adjudication of these appeals.
5The Regional Municipality of Halton has requested and has been granted party status on consent.
6The parties were advised of the availability of Tribunal-led mediation.
7The parties have advised the Tribunal that they were not in a position to request a hearing date or submit a draft Procedural Order for consideration by the Tribunal but have requested the Tribunal to schedule a second CMC to allow them to have discussions as to how to proceed with the adjudication of these appeals.
8The next CMC will take place on Friday, June 17, 2022 at 10 a.m.
9Parties 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/656004293
Access code: 656-004-293
10Parties 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
11Persons 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: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 656-004-293.
12Individuals 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.
13This Panel is not seized.
14There will not be any further notice.
15It is so ordered.
“R.G.M. Makuch”
R.G.M. MAKUCH
VICE-CHAIR
“S. deBoer”
S. deBoer
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.