Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 04, 2022
CASE NO(S).:
OLT-21-001021
OLT-21-001022
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Burlington 71 Plains Inc.
Subject:
Request to amend the Official Plan – City of Burlington to adopt the requested amendment
Existing Designation:
Mixed Use Corridor Employment and Mixed Use Corridor – General
Proposed Designated:
Mixed Use Corridor General and allow for site specific provisions
Purpose:
To permit two mixed-use mid-rise buildings of 10 and 12 storeys
Property Address/Description:
53-71 Plains Road East and 1025 Cooke Boulevard
Municipality:
City of Burlington
Approval Authority File No.:
505-11/17 & 520-22/17
OLT Lead Case No.:
OLT-21-001021
OLT Case No.:
OLT-21-001021
OLT Case Name:
Burlington 71 Plains 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:
Burlington 71 Plains Inc.
Subject:
Application to amend Zoning By-law No. 2020 - Neglect of the City of Burlington Norfolk County to make a decision
Existing Zoning:
Mixed Use Corridor – Employment (MXE) and Mixed Use Corridor - General (MXG) Zones
Proposed Zoning:
Mixed Use Corridor - General (MXG) Zone with site specific exceptions
Purpose:
To permit two mixed-use mid-rise buildings of 10 and 12 storeys
Property Address/Description:
53-71 Plains Road East and 1025 Cooke Boulevard
Municipality:
City of Burlington
Municipality File No.:
505-11/17 & 520-22/17
OLT Lead Case No.:
OLT-21-001021
OLT Case No.:
OLT-21-001022
Heard:
December 17, 2021 video hearing
APPEARANCES:
Parties
Counsel
Burlington 71 Plains Inc. (“Appellant”)
David Bronskill
City of Burlington (“City”)
Blake Hurley
Regional Municipality of Halton Hills
Kelly Yerxa
MEMORANDUM OF ORAL DECISION DELIVERD BY A. CORNACCHIA ON DECEMBER 17, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A first Case Management Conference (“CMC”) was held on December 17, 2021 regarding the Appellant’s appeal under s. 22(7) and s. 34(11) of the Planning Act (“Act”) relating to the failure of the City of Burlington (“City”) to make a decision regarding applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) relating to the property located at the municipal addresses of 53-71 Plains Road East and 1025 Cooke Boulevard, City of Burlington, Ontario. (“Subject Property”).
2The Appellant proposes two mixed--use, mid-rise buildings of 10 and 12 storeys with retail and service commercial uses at the street level and 450 residential units above (“Proposed Development”) for the Subject Property. It filed two applications with the City to facilitate the Proposed Development:
a. an application for an OPA changing the existing designation from Mixed Use Corridor- General and Employment to Mixed Use Corridor- General with site specific exceptions, and
b. an application for a ZBA changing the existing zoning from Mixed Use Corridor - General (MXG) and Mixed Use Corridor - Employment (MXE) to "Mixed Use Corridor - General (MXG) Zone" with site specific exceptions to increase permitted height and density and allow the proposed uses and revise development standards as necessary to permit the development.
3The City did not make decisions on these applications by the deadlines stipulated by the Act and Appellant filed this appeal with the Tribunal in response.
4The CMC dealt with the following matters:
Notice,
Requests for Status, and
A case update, and
Scheduling a further CMC.
NOTICE
5The Tribunal reviewed the Affidavit of Service (Exhibit 1) with Counsel at the CMC. Submissions were sought from Counsel generally regarding any concerns with the adequacy of notice and none were expressed.
6The Tribunal ruled that service of the CMC had been effected in accordance with Tribunal requirements, and no further notice of the proceedings was necessary.
REQUESTS FOR STATUS
7Prior to the CMC, the Tribunal received a Participant Request from Tom Muir and a Party Request from the Regional Municipality of Halton Hills. Neither the Appellant nor the City had any objections to the Participant or Party Status Requests.
8The Tribunal ruled that Participant Status is granted to Mr. Muir and Party Status is granted to the Regional Municipality of Halton Hills represented by Kelly Yerxa.
CASE UPDATE AND PROCEDURAL ORDER AND ISSUES LIST
9The Appellant supplied the Tribunal with the draft Procedural Order in Exhibit 2. The draft requires further details that must be agreed upon by the parties including a draft Issues List. The parties expect to be able to resolve a draft revised Procedural Order including an Issues List prior to the next CMC. The parties requested a further CMC in February 2022 which was granted by the Tribunal.
10Based on the submissions of counsel, the Tribunal directs that the parties prepare and agree upon a revised draft Procedural Order in compliance with the following directions and submit it to the Tribunal by the date identified in this decision:
The draft Issues List must identify the statutory provisions that the Tribunal is required to consider when reviewing the appeal.
Specific issues should be identified below each of the statutory provisions clarifying the matters in dispute relating to that statutory provision. If the parties believe that there are no issues worthy of consideration by the Tribunal relating to a specific test, they should identify it. (“Tribunal Instructions”)
DECISION
11The Regional Municipality of Halton Hills is granted party status.
12Tom Muir is granted Participant status.
13With the consent of the parties, counsel for the Appellant shall submit a draft Procedural Order to the Tribunal by Thursday, February 10, 2022 at 4:30 p.m. at the latest. It shall comply with the Tribunal’s Instructions previously described in this decision.
14The Tribunal orders that a further CMC will be held on Tuesday, February 15, 2022 commencing at 10 a.m. by video hearing.
15Parties 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/692665589
Access code: 692-665-589
16Parties 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
17Persons 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 692-665-589.
18Individuals 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.
19Service of Notice of the CMC has been effected in accordance with Tribunal requirements and there will be no further notice.
20The Member is not seized.
21Schedule permitting, the Member may be available for case management purposes.
22This is the Order of the Tribunal.
“A. Cornacchia”
A. CORNACCHIA
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.