Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 19, 2022
CASE NO(S).: OLT-21-001352
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Landform Development Group Inc. and 2413350 Ontario Inc
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 Precincts Downtown Urban Centre – Village Square Precinct
Proposed Designated: Site Specific (To be determined)
Purpose: To permit an 11-storey residential building consisting of 130 units, 167 vehicle parking spaces within four levels of underground parking and 339 square metres of common amenity space.
Property Address/Description: 401-417 Martha Street
Municipality: City of Burlington
Approval Authority File No.: 505-01/21
OLT Case No.: OLT-21-001352
OLT Lead Case No.: OLT-21-001352
OLT Case Name: Landform Development Group Inc. and 2413350 Ontario 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: Landform Development Group Inc. and 2413350 Ontario Inc.
Subject: Application to amend Zoning By-law No. 2020 - Refusal or neglect of the City of Burlington to make a
Existing Zoning: Downtown Residential High Density with a Holding provision
Proposed Zoning: Site Specific Downtown Residential High Density
Purpose: To permit an 11-storey residential building consisting of 130 units, 167 vehicle parking spaces within four levels of underground parking and 339 square metres of common amenity space.
Property Address/Description: 401-417 Martha Street
Municipality: City of Burlington
Municipality File No.: 520-01/21
OLT Case No.: OLT-21-001357
OLT Lead Case No.: OLT-21-001352
Heard: April 13, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Landform Development Group Inc. and 2413350 Ontario Inc.
Denise Baker
City of Burlington
Lauren Pinder (Blake Hurley in absentia)
Region of Halton
Brittany Maione
Halton Region Conservation Authority
Konstantine Stavrakos
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in relation to appeals brought under s. 22(7) and s. 34(11) of the Planning Act (“Act”) by Landform Development Group Inc. and 2413350 Ontario Inc. (“Appellants”) against the City of Burlington (“City”) for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBLA”) in relation to the property at 401-417 Martha Street.
2The OPA and ZBLA are required to give effect to the Appellants’ proposal to develop an 11-storey residential building comprised of 130 units with a proposed density of 407 units per hectare (“ha”), 117 parking spaces and four levels of underground parking.
3The Tribunal received an Affidavit of Service confirming that Notice of this CMC was properly given.
REQUESTS FOR STATUS
4Prior to the CMC, the Tribunal received written requests for Party status from the Region of Halton and Conservation Halton and granted the requests with the consent of the Parties.
5In response to the Notice, the Tribunal received no other requests for status (Party or Participant). Accordingly, the appeal will proceed with the involvement and participation of only the Parties identified above.
MEDIATION AND SETTLEMENT
6The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties advised that they were not in a position at this stage to engage in such discussions, but remain open to the possibility of settlement at some point in the future and are aware of the availability of mediation.
7The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal assisted mediation, they may reach out to the case co-ordinator for assistance in this regard.
PROCEDURAL ORDER/ISSUES LIST
8The Parties had worked diligently to produce a draft Procedural Order (“PO”) and Issues List, which was reviewed in detail at the CMC. The Parties indicated that they required further time to co-operate on refinement and revision of the Issues List and the Tribunal directed some minor revisions to the PO.
9Counsel for the Appellant undertook to revise and re-submit for the Tribunal’s approval by May 20, 2022, a revised PO and Issues List in accordance with the Tribunal’s directions and any agreement made amongst the parties.
10Out of an abundance of caution, the Parties agreed that, should they be unable to agree on a final Issues List by May 20, 2022, they will seek directions from the Tribunal by providing written submissions on specific issues which remain in contention by June 17, 2022.
HEARING
11Given the number of parties and the number of issues, the parties requested the Tribunal schedule ten (10)-day hearing in early 2023. Accordingly, a video hearing will commence at 10 a.m. on Monday, March 20, 2023 for ten (10) days. No further notice will be given.
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/656004293
Access Code: 656-004-293
13Parties 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: (647) 497-9373 or Toll Free 1-888-299-1889: The access code is 656-004-293.
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.
OTHER MATTERS
16The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
17There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
18It is so ordered.
“S. Braun”
S. BRAUN
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.