Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 30, 2022
CASE NO(S).: OLT-21-001442
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Renimmob Properties Limited
Subject: Request to amend the Official Plan - Failure of the City of Burlington to adopt the requested amendment
Existing Designation: Mixed Use Centre (Downtown Core Precinct) Urban Centres (Mid Brant Precinct)
Proposed Designated: Site Specific (To be determined)
Purpose: To permit the construction of a 25-storey mix-use residential building
Property Address/Description: 535-551 Brant Street
Municipality: Burlington
Approval Authority File No.: 505-04/21
OLT Case No.: OLT-21-001442
OLT Lead Case No.: OLT-21-001442
OLT Case Name: Renimmob Properties Limited 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: Renimmob Properties Limited
Subject: Application to amend Zoning By-law No. 2020 - Refusal or neglect of the City of Burlington to make a decision
Existing Zoning: DC (Downtown Core Zone)
Proposed Zoning: Site Specific DC Zone
Purpose: To permit the construction of a 25-storey mix-use residential building
Property Address/Description: 535-551 Brant Street
Municipality: Burlington
Municipality File No.: 520-05/21
OLT Case No.: OLT-21-001443
OLT Lead Case No.: OLT-21-001442
Heard: June 8, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Renimmob Properties Ltd.
Scott Snider Anna Toumanians
City of Burlington
Blake Hurley
Regional Municipality of Halton
Kelly Yerxa
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON JUNE 8, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for the above noted matter. Renimmob Properties Limited (“Applicant”) has filed an appeal against the City of Burlington’s (“City”) failure to make a decision for an Official Plan Amendment pursuant to s. 22(7) and a Zoning By-law Amendment pursuant to s. 34(11) of the Planning Act. The subject property is known municipally as 535-551 Brant Street Burlington.
2The applications under appeal are to facilitate a mixed-use development on the subject property comprising a 25-Storey tower plus mechanical and roofing outdoor amenity space with a total of 248 residential units and 1,068 square metres (“sq m”) of ground floor commercial uses.
3The Affidavit of Service sworn May 16, 2022 was marked as Exhibit 1.
Party Status Request
4There was a request for Party status by the Regional Municipality of Halton which was granted by the Tribunal on consent of all the parties.
5Mr. Snider, Counsel for the Applicant, advised the Tribunal that a draft Procedural Order has been submitted. Parties are requesting a three-week hearing. A draft Issues List has been circulated but has not been agreed upon at the time of this hearing. Parties require time to scope those issues.
Mediation
6The Tribunal inquired whether parties have considered Tribunal-led Mediation to which counsels stated they are open to the same but have no instructions from respective clients.
DISPOSITION
7The Tribunal is prepared to schedule a fourteen-day hearing commencing at 10 a.m. starting on Tuesday, April 18, 2023 to Friday, May 5, 2023 pursuant to the parties request.
8The Tribunal directs that the Parties submit a completed Procedural Order with deadlines filled in and an agreed upon Issues List to the case coordinator by Wednesday, July 13, 2022. The Procedural Order will govern the proceedings of the hearing.
HEARING DETAILS
9A fourteen-day hearing will commence from, Tuesday, April 18, 2023, to Friday, May 5, 2023 by video hearing at 10 a.m. as follows:
https://meet.goto.com/909787981
Access code: 909-787-981
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 +1 (647) 497-9391 or Toll Free 1 888 455 1389. The access code is 909-787-981.
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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13The Tribunal Orders:
a. That the Regional Municipality of Halton is granted Party Status.
b. That a fourteen-day Hearing will commence at 10 a.m. by video hearing from April 18, 2023 to May 5, 2023.
c. That the parties forward a Procedural Order with the Issues List to the Case Coordinator on or before Wednesday, July 13, 2022.
d. That the Procedural Order shall govern the proceedings.
14No further notice will be given.
15The Member is not seized.
“T.F. Ng”
T.F. NG
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.