Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 28, 2022
CASE NO(S).: OLT -21-001652 (Formerly) PL200183
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Mattamy James Street Limited Partnership
Subject: Application to amend the Official Plan - Refusal or neglect of City of Burlington to make a decision
Existing Designation: Downtown Mixed Use Centre - Downtown Medium/High Density Residential Precinct
Proposed Designation: Site Specific (To be determined)
Purpose: To permit the redevelopment of the subject lands with a seventeen-storey condominium apartment building
Property Address/Description: 2082,2086,2090 James Street
Approval Authority File No.: 505-07/17, 520-16/17
Municipality: City of Burlington
OLT Case No.: OLT-21-001652
Legacy Case No.: PL200183
OLT Lead Case No.: OLT-21-001652
Legacy Lead Case No.: PL200183
OLT Case Name: Mattamy James Street LP 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: Mattamy James Street Limited Partnership
Subject: Application to amend Zoning By-law No. 2020 - Refusal or neglect of City of Burlington to make a decision
Existing Zoning: DRM and DRM-3
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment of the subject lands with a seventeen-storey condominium apartment building.
Property Address/Description: 2082,2086,2090 James Street
Municipality: City of Burlington
Municipality File No.: 505-07/17
OLT Case No.: OLT-001659
Legacy Case No.: PL200184
OLT Lead Case No.: OLT-001652
Legacy Lead Case No.: PL200183
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Property Address/Description: 2082,2086,2090 James Street
Municipality: City of Burlington
OLT Case No.: OLT-21-001663
Legacy Case No.: PL200185
OLT Lead Case No.: OLT-21-001652
Legacy Lead Case No.: PL200183
Heard: January 20, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Mattamy James Street Limited Partnership (“Mattamy”) | Scott Snider |
| City of Burlington (the “City”) | Blake Hurley |
| Region of Halton (the “Region”) | Kelly Yerxa |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON JANUARY 20, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a Settlement Hearing concerning an appeal by Mattamy James Street Limited Partnership. The Applicant is seeking an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Site Plan Approval (“SPA”) for development of a 17-storey condominium consisting of 164 residential units, five (5) levels of underground parking and the opportunity for 351 square meters of ground floor commercial. The applications are to permit 17-storeys where only three (3) are currently allowed, an increase in density from 50 units/hectare to approximately 700 units/hectare, and a reduction in the minimum required setbacks.
2The site is located at 2082-2090 James Street, at the southwest corner of James Street and Martha Street in Downtown Burlington (the “Subject Lands”). The Subject Lands are approximately 0.23 hectares in size and are currently occupied by three two (2)-storey individual residential/commercial buildings with surface parking in the rear.
BACKGROUND
3The Applications concerning the OPA and ZBA were previously settled between the parties and orally approved by the Tribunal on May 3, 2021, with a written Decision/Order regarding same issued May 28, 2021. At the same time, the Tribunal adjourned the appeal of the SPA to September 28, 2021, to allow the parties more time to potentially settle the SPA matter.
4On July 15, 2021, the Applicant filed a revised SPA with the City to implement the OPA and ZBA approved by the Tribunal.
5Issues associated with the proposed SPA were not settled in time for the September 28, 2021 hearing, so it was further adjourned to the present hearing date.
6In response to comments received regarding the July 15, 2021 SPA submission, the Applicant filed a further revised SPA on November 14, 2021.
7Following further consultations and discussions, the City provided a consolidated set of conditions of Conditional Site Plan Approval on January 14, 2022. These included conditions from City Legal, Engineering, Zoning, Planning, Transportation, Fire, Landscaping and Forestry, and conditions from the Region of Halton and Conservation Halton. Among other matters, the conditions specifically require a Site Plan Agreement, a Zoning Clearance Certificate, payment of fees and securities, and a requirement to obtain a permit from Conservation Halton prior to development or site alteration.
8Agreement between the parties regarding these conditions form the basis of the current settlement regarding the SPA.
9Evidence in support of the current settlement (as well as the previous OPA and ZBA settlement) was provided by the Applicant’s Planner, Glenn J. Wellings. Mr. Wellings is a Registered Professional Planner in the Province of Ontario, a Member of the Canadian Institute of Planners, and has been practicing as a professional planner for over 35 years. He was duly qualified on consent as an expert in land use planning.
SURROUNDING LANDS
10Mr. Wellings testified that the Subject Lands are surrounded by the following mix of land uses.
To the west, a four (4)-storey residential apartment is situated at the southeast corner of James and Pearl Streets with the main building entrance facing Pearl Street;
To the east on the opposite side of Martha Street, land uses consist of two (2)-storey townhouses facing James Street and four (4)-storey residential apartment buildings accessed from Martha Street;
To the north, across James Street, is the Burlington Lions Club comprising of an administration/recreation building, associated parking and playing fields.
To the immediate south on the opposite side of Lower Rambo Creek is a privately-owned parking lot that is traversed by a pipeline owned by Trans-Northern Pipelines Inc. and the Elgin Street Promenade presently under construction.
SPA Evidence and Analysis
11Mr. Wellings testified that the proposed SPA accurately reflects the Conceptual Site Plan previously provided to the Tribunal in support of the OPA and ZBA applications, and the Tribunal’s approvals regarding same. He further opined that the Site Plan properly incorporates and includes the relevant requirements listed at s. 41(4) of the Planning Act.
12Mr. Wellings further testified that he had reviewed the recommended Site Plan Conditions, and opined that said Conditions address the technical concerns and requirements of the various public agencies and are otherwise appropriate and in accordance with s. 41(7) and 41(8) of the Planning Act.
13Following his opinions stated in his evidence in support of the OPA and ZBA applications, Mr. Wellings’ opined that the SPA is consistent with the policies and directives of the 2020 PPS, conforms to the policies of the 2019 Growth Plan, and conforms with the Halton Region Official Plan. Additionally, Mr. Wellings opined that the SPA conforms to the City’s Official Plan, as implemented through the site-specific OPA approved by the Tribunal, and otherwise represents good planning in the public interest.
14As a way of summary, Mr. Wellings opined that the SPA has proper regard for matters of Provincial interest pursuant to s. 2 of the Planning Act and, more specifically:
the natural features on the Subject Lands will be enhanced and protected;
the proposal will efficiently utilize existing infrastructure and promote orderly development of safe and healthy communities;
the redevelopment will contribute to a range of housing opportunities including affordable housing and is an appropriate location of growth and development; and
the proposal will promote a well-designed built form that is transit supportive.
15The Tribunal accepts the above evidence and opinion of Mr. Wellings regarding the SPA, and finds same.
Modifications to the ZBA
16Paragraph 30 of the May 28, 2021 Tribunal Decision/Order of this matter, respecting the OPA and ZBA approval, states the following:
The Tribunal may be spoken to if any issues arise in order to allow Mattamy James Street Limited Partnership to seek minor modifications to the zoning as the details of the site plan and construction development are finalized.
17As it turned out, through the circulation of the SPA submissions, the City identified two deficiencies in the ZBA previously approved by the Tribunal. The deficiencies relate to the projection of a terrace on the fifth floor to a maximum of 3.0 metres (“m”) rather than 2.0 m, and clarification regarding a 6.0 m building setback abutting a creek block.
18As it relates to these deficiencies, Mr. Wellings opined that modifications to the ZBA would constitute minor housekeeping changes that are not substantive and were inadvertently overlooked through the initial drafting of the Zoning By-law. He noted that the proposed building design including the fifth floor projected terrace and the creek block setback (i.e., 6.0 metres) has not changed, and it was always the intent that the terrace be treated differently from a balcony (with a maximum allowable projection of 2.0 m) to allow for the full utilization of the 3.0 m terrace for amenity purposes. In summary, Mr. Wellings opined that the proposed modifications to the Zoning By-law are housekeeping in nature and consistent with the May 28, 2021 Tribunal approval.
19The Tribunal accepts the above evidence and opinion of Mr. Wellings regarding the proposed modification to the ZBA, and finds same.
Summary and Conclusion
20The Tribunal finds that the proposed SPA and modifications to the ZBA have appropriate regard for matters of Provincial interest under s. 2 of the Planning Act, are consistent with the policies and directives of the 2020 PPS and conform to the policies of the Growth Plan, Halton Region Official Plan and the City’s Official Plan as implemented through the previously approved OPA of this matter.
ORDER
21THE TRIBUNAL ORDERS that;
- The appeal is allowed in part, and the instruments, as agreed to by the parties, are approved as follows:
a) The Site Plan prepared by Graziani + Corazza Architects Inc. dated November 11, 2021 attached to this Order as Attachment 1 is approved subject to fulfillment of the conditions attached to this Order as Attachment 2, to the satisfaction of the City of Burlington;
b) The modifications to Zoning By-law No. 2020.432, being a by-law to amend Zoning By law 2020 as amended, attached to this Order as Attachment 3, is approved. The Tribunal authorizes the Municipal Clerk of the City of Burlington to assign a number to this by-law for record keeping purposes.
The Tribunal may continue to be spoken to if any issues arise in order to allow the Appellant to seek minor modifications to the previously approved zoning as the details of the site plan and construction development are finalized or if any issues arise in the implementation of the conditions to approval;
The Member is not seized but may be spoken to should assistance be required in the case management of bringing the matter back before Tribunal; and
No further notice is required.
“K.R. Andrews”
K.R. ANDREWS
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.