Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 27, 2023
CASE NO(S).: OLT-22-003813
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Infinity Development Group Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: to permit a 29-storey, 295 unit mixed-use building
Reference Number: 505-09/21
Property Address: 1029-1033 Waterdown Road
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-003813
OLT Lead Case No: OLT-22-003813
OLT Case Name: Infinity Development Group Inc v. Burlington (City.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: to permit a 29-storey, 295 unit mixed-use building
Reference Number: 520-10/21
Property Address: 1029-1033 Waterdown Road
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-003814
OLT Lead Case No: OLT-22-003813
Heard: November 15, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Infinity Development Group Inc. (“Applicant”)
Chantal DeSereville Denise Baker (in absentia)
City of Burlington (“City”)
Andrea Peebles
Region of Halton (“Region”)
Brittany Maione
Halton Standard Condominium Corporation No. 416 (“Halton”)
Aaron Platt
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON NOVEMBER 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) for this matter. There are two appeals. The Applicant is appealing the refusal of the requested Official Plan Amendment (“OPA”) by the City pursuant to s. 22(7) of the Planning Act (Act). Additionally, the Applicant is appealing pursuant to s. 34(11) of the Act of the City’s refusal of a Zoning By-law Amendment (“ZBA”).
2The Applicant owns property located at 1029-1033 Waterdown Road (“subject land”) and proposes to develop the subject land as a 29-storey mixed-use residential building.
[3]
4At the previous CMC, held on September 7, 2022, the Tribunal ordered a 14-day Hearing on this matter to commence on August 8, 2023. Subsequently, the Tribunal received a request from the Parties to adjourn that Hearing and to set a second CMC for November 15, 2023. The reasons provided for the adjournment request were to allow further discussions between the Parties, and for City work to take place that may resolve the need for a contested Hearing.
5While it appears further discussions have taken place, they have yet to be fruitful. The Parties were again reminded of the availability of Tribunal led mediation.
NEXT STEPS
6There was some discussion regarding whether a new Hearing date should be set or another CMC date for after City council meets in December of 2023. The timing of this CMC was not ideal, as the City will have an OPA which will be in front of council in December of 2023. The outcome of that process may help with resolution of this matter or may help scope issues. Due to the age of the file and to help keep this matter moving forward, the Tribunal believes that a Hearing should be scheduled. If anything changes and the Parties believe another CMC would be helpful, they may contact the Case Coordinator.
7Also, the result of councils’ decision regarding the OPA may impact the form of proposal put forward by the Applicant. As such, the Tribunal orders that the Applicant must confirm with the other Parties by Friday, February 9, 2024, the form of proposal to be put forward at the Hearing. The Applicant may change their proposal if it helps scope or eliminate issues, but the other Parties may then amend their issues, recognizing that such further revisions may result in need to adjust issues consequently.
8The Tribunal believes it would not be efficient for the Parties to submit a draft Procedural Order (“PO”) or Issues List (“IL”) prior to council’s decision. The Tribunal Ordered that a draft PO and IL be submitted on consent to the Case Coordinator by Friday, February 23, 2024.
9The Appellant informed the Tribunal that they intend to call 11 witnesses at the Hearing. It was agreed by the Parties that a 14-15-day Merit Hearing would be necessary.
10The Tribunal Orders a Video Hearing set for a duration of 14 consecutive days, will commence on Monday, February 3, 2025, and end on Friday, February 21, 2025, at 10 a.m. (Noting that on Monday, February 17, 2025, is a Holiday, and the Tribunal will not sit.)
11Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
12Parties 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
13Persons 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)-497-9373 or (Toll Free) 1-888-299-1889. The access code is as indicated above.
14Individuals 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.
ORDER
15THE TRIBUNAL ORDERS its directions and rulings set out above.
16There will be no further notice.
17This Member is not seized but remains available through the Case Coordinator should the need arise.
“A. Sauve”
A. SAUVE
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.