Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2022
CASE NO(S).: OLT-22-003893
PROCEEDING COMMENCED UNDER section 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 1602211 Ontario Limited, Branthaven 735 Oval Inc., 1471681 Ontario Inc., S&G Consulting Inc., 5135 Fairview Holdings Inc., and Branthaven Development Corporation
Subject: Failure of Approval Authority to announce a decision respecting a Proposed Official Plan Amendment
Description: To permit a mixed-use development consisting of commercial retail uses, commercial office uses, a public library, residential apartments and daycare facilities
Reference Number: 505-03/21
Property Address: 720, 735, 740 Oval Court
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-003893
OLT Lead Case No: OLT-22-003893
OLT Case Name: 1602211 Ontario Limited et. al. v. Burlington (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 1602211 Ontario Limited, Branthaven 735 Oval Inc., 1471681 Ontario Inc., S&G Consulting Inc., 5135 Fairview Holdings Inc., and Branthaven Development Corporation
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed-use development consisting of commercial retail uses, commercial office uses, a public library, residential apartments and daycare facilities
Reference Number: 520-04/21
Property Address: 720, 735, 740 Oval Court
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-003894
OLT Lead Case No: OLT-22-003893
Heard: September 6, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1602211 Ontario Limited, Branthaven 735 Oval Inc., 1471681 Ontario Inc., S&G Consulting Inc., 5135 Fairview Holdings Inc., Branthaven Development Corporation (“Branthaven et al.”) | Denise Baker |
| City of Burlington | Blake Hurley |
| Region of Halton | Brittany Maione |
| Presidio Construction Limited (c/o The Remington Group) | David Bronskill |
| Sofina Foods Inc. | Patrick Duffy and Jonathan Cheng |
| Conservation Halton | Konstantine Stavrakos |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON SEPTEMBER 6, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Branthaven et al. have appealed the failure of Council to render decisions with respect to applications to amend the current Official Plan designation and zoning from “Mixed-Use Corridor, Employment”, and “Mixed Use Corridor-Employment Oriented (MXE)” to site specific Exceptions which would permit a comprehensive development incorporating a mix of commercial retail and office uses, a public library, day care facilities and residential units in buildings ranging from 11 to 30 storeys A total of 1996 units, including 190 Assisted Living Units are proposed on the consolidated site comprised of properties known municipally as 720, 735 and 740 Oval Court, which falls within the Appleby Major Transit Station Area, as designated in the Regional Official Plan.
2The Affidavit of Service attesting to proper notice having been given, was filed as Exhibit 1.
3Four requests for Party status were received for the consideration of the Tribunal and after each establishing a direct interest in the appeals, Party status was conferred upon the Region of Halton, Conservation Halton, given the proximity of Appleby Creek, Presidio Construction Limited (part of the Remington Group) with a nearby holding located at 5200 Harvester Road, and Sofina Foods Inc. operating at 521 Appleby Line.
4The Tribunal was in receipt of a draft Procedural Order, complete with draft Issues List, and upon that basis, and the agreement of all Counsel, a three week hearing was scheduled to commence Tuesday, August 8, 2023 at 10 a.m.
5Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event