Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 13, 2022

CASE NO(S).: OLT-22-003866

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Burlington 2020 Lakeshore Inc.

Subject: Request to amend the Official Plan – Refusal of request

Description: The applications propose to demolish the existing hotel and restaurant and construct a new mixed-use building in a 2-tower format atop a 5-6 storey podium, with tower heights ranging from 30-35 storeys, and associated underground parking.

Reference Number: 505-04/19

Property Address: 2020 Lakeshore Road

OLT Case No.: OLT-22-003866

OLT Lead Case No.: OLT-22-003866

OLT Case Name: Burlington 2020 Lakeshore Inc. v. Burlington (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Burlington 2020 Lakeshore Inc.

Subject: Application to amend the Zoning By-law – Refusal of application

Description: The applications propose to demolish the existing hotel and restaurant and construct a new mixed-use building in a 2-tower format atop a 5-6 storey podium, with tower heights ranging from 30-35 storeys, and associated underground parking.

Reference Number: 521-11/21

Property Address: 2020 Lakeshore Road

OLT Case No.: OLT-22-003867

OLT Lead Case No.: OLT-22-003866

Heard: August 26, 2022 by Video Hearing

APPEARANCES:

Parties	Counsel
Burlington 2020 Lakeshore Inc.	M. Lakatos-Hayward
City of Burlington	C. Barnett E. Barz
Regional Municipality of Halton	B. Maione
Bridgewater Hospitality Inc. and The Pearle Hotel & Spa Inc.	K. Stitt S. Kagan I. Kagan (in absentia)

memorandum of oral DECISION DELIVERED BY S. TOUSAW on AUGUST 26, 2022 AND ORDER OF THE TRIBUNAL

Introduction

1This first Case Management Conference (“CMC”) prepares for a hearing on the merits of appeals by Burlington 2020 Lakeshore Inc. (“Applicant”/“Appellant”) to the refusal by the City of Burlington (“City”) of applications for Official Plan Amendment and Zoning By-law Amendment affecting 2020 Lakeshore Road, Burlington (“site”).

2The site is located at the foot of Brant Street, on the south side of Lakeshore Road, next to parkland and Lake Ontario. The Applicant proposes to replace the existing mid-rise hotel with two mixed-use towers including commercial/office space, a hotel, and residential apartments.

Notice

3The Applicant’s Affidavit of Service for Notice of this CMC is marked as Exhibit 1.

Parties

4The statutory Parties are the Appellant and the City. They do not oppose the following requesters being granted Party status.

5The Tribunal grants Party status to the Regional Municipality of Halton (“Region”). The Region notes that its Official Plan is applicable to these appeals including such matters as growth management, waterfront parkland, and a record of site condition.

6The Tribunal grants combined Party status to Bridgewater Hospitality Inc. and The Pearle Hotel & Spa Inc. (together, “Pearle”). As owner/operator of the hotel at 3 Elizabeth Street, immediately east of the site across Elizabeth Street, this added Party cites compatibility concerns including traffic, access, density, and lake views.

Participants

7The Parties do not object to the requests for Participant Status. The Tribunal grants Participant status to each of four area residents: Bryne Emeneau, Donald Fletcher, Keith/Tina Bowering, and Ron Porter. Their concerns include height, density, and lake views. To clarify for Bryne Emeneau, individual Participant status is granted, but not for the unincorporated community association noted in the written request for status.

Mediation

8The Parties will engage in discussions in an effort to reduce the issues in dispute which may lead to their pursuit of mediation.

Next Steps

9The Parties disagree on whether a hearing on the merits should be scheduled now given their agreement to proceed with a Motion hearing on the applicability to this case of certain Official Plan policies of the Region. The Applicant asks for the scheduling of a 20-day hearing given that the Motion Decision will not affect the ability of the Tribunal to hear these appeals, while the City, with concurrence of the Region and Pearle, asks that the hearing on the merits not be scheduled because the Motion Decision will affect the Issues List (“IL”) to be included in the eventual Procedural Order (“PO”). The Parties similarly disagree on whether the potential for a request for referral or appeal to the Tribunal’s Motion Decision should be known before next steps are planned.

10The Tribunal determined that the Motion hearing would be scheduled, along with a further CMC approximately 60 days later to allow for the Motion Decision to be issued and the Parties to review and exchange information on how best to proceed. If the Parties arrive at a final PO on consent, they may advise the Tribunal whether the next CMC is necessary and the suggested length of the hearing to be scheduled. To the Applicant’s concern for a delayed hearing on the merits, the Tribunal notes that efforts to refine the IL and reduce the hearing length may well facilitate an earlier merits hearing date to be scheduled.

11The one-day Motion Hearing is scheduled at 10 a.m. on Friday, October 7, 2022, with the Parties’ pre-circulation of submissions in accordance with the Tribunal’s Rules of Practice and Procedure.

Friday, October 7, 2022 at 10 a.m. (one day Motion hearing)

GoTo Meeting: https://global.gotomeeting.com/join/442599157

Access code: 442-599-157

Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391

Audio-only access code: same as indicated above.

12The next CMC is scheduled at 10 a.m. on Friday, December 2, 2022.

Friday, December 2, 2022 at 10 a.m. (one day CMC hearing)

GoTo Meeting: https://global.gotomeeting.com/join/442599157

Access code: 442-599-157

Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391

Audio-only access code: same as indicated above.

13Parties 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.

14Parties 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

15Persons 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.

16Individuals 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.

17No further Notice will be given.

Order

18The Tribunal Orders the rulings and directions contained in this Decision.

19This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.

“S. Tousaw”

S. TOUSAW

MEMBER

Ontario Land Tribunal

Website: www.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.