Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 24, 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 to adopt the requested amendment
Description: To permit a large scale, neighbourhood commercial development
Property Address: 700-800 Burloak Drive
Municipality/UT: Burlington/Halton
Municipal File No.: 505-06/04
OLT Case No.: OLT-21-001738
OLT Lead Case 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 - Refusal or neglect to make a decision
Description: To permit a large scale, neighbourhood commercial development
Property Address/Description: 700-800 Burloak Drive
Municipality/UT: Burlington/Halton
Municipality File No.: 520-11/04
OLT Case No.: OLT-21-001739
OLT Lead Case No.: OLT-21-001738
Heard: June 17, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Burlington | Lauren Pinder |
| Emshih Developments Inc. | Meredith Baker Nancy Smith – in absentia |
| Regional Municipality of Halton | Kelly Yerxa |
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON JUNE 17, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by Emshih Developments Inc. (“Applicant”) from the failure of the City of Burlington (“City”) to adopt the requested Official Plan Amendment pursuant to s.22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) and the failure of the City to make a decision on the Zoning By-law Amendment within the statutory timeframe pursuant s.34(11) of the Act.
2This second CMC was scheduled by the Tribunal at the first CMC conducted on March 21, 2022 by a Panel differently constituted. The purpose of the additional CMC was to allow the Parties additional time to discuss how to proceed with the adjudication of the appeals.
3The Applicant owns the property located at 700 and 800 Burloak Drive, in the City of Burlington (“Subject Property”). In March, 2004 the Applicant submitted applications to amend the City’s Official Plan (“OP”) and Zoning By-law (“ZBL”) to permit commercial development on both sites which would facilitate the redevelopment of the Subject Property.
4The Applicant proceeded to develop the southerly portion of the Subject Property (700 Burloak Drive) in accordance with the CN2 zoning through the site plan process. A Site Plan was approved in July 2005 and a commercial plaza was constructed and is currently in operation.
5800 Burloak Drive is currently designated General Employment in the OP. The applications were deferred so that they could be considered through the City’s Official Plan Review process as an employment conversion. The City adopted its new OP in October, 2020, which maintained the General Employment designation on 800 Burloak Drive lands. The Applicant filed an appeal to the City’s new OP, which has been assigned Tribunal File No. OLT-22-002219 (“new OP appeal”).
Consolidation Request
6At the outset of the CMC, the City notified the Tribunal that Blake Hurley was no longer Counsel of record and that Lauren Pinder was now representing the City’s interests.
7In advance of this CMC, Counsel for the Applicant notified the Tribunal that they would be requesting consolidation of this appeal with the appeal of the City’s new OP appeal. The City and the Region of Halton were in agreement with the consolidation request.
8The Tribunal noted that notice had not been provided to the Parties to the new OP appeal and as such, the Tribunal was not in a position to consolidate the appeals at this CMC. The consolidation request could be considered at the next CMC for the new OP appeal scheduled for October 28, 2022. In response to the Tribunal’s questions, the Applicant acknowledged that they were not aware of any urgency to have the appeals consolidated.
9There was some discussion at the CMC about the possibility of notifying the parties and if there were no objections, requesting that the Tribunal issue an administrative Order consolidating the appeals.
10After hearing from the Parties, the Tribunal denied the consolidation request. The Tribunal finds that proper notice was not provided to the Parties to the new OP appeal. Further, as there was no urgency to consolidating the appeals, the appropriate course of action is to hear the matter with the next CMC for the new OP appeal, which is scheduled to be heard on October 28, 2022.
11The Tribunal directed the Applicant to work with the Tribunal Case Coordinator to provide proper notice of the consolidation request, which would include all parties to the herein appeal and all parties to the new OP appeal. The Tribunal may then determine whether these matters are consolidated or heard together.
Order
12The Tribunal Orders its rulings and directions as set out in this Decision.
13This Member is not seized, however, will remain available schedule permitting.
“C. Hardy”
c. hardy
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.