Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 23, 2023
CASE NO(S).: OLT-23-000116
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Camarro Development Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 31 storey mixed-use building
Reference Number: 505-07/22
Property Address: 789-795 Brant Street
Municipality/UT: City of Burlington
OLT Case No.: OLT-23-000116
OLT Lead Case No.: OLT-23-000116
OLT Case Name: Camarro Development 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: Camarro Development Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To rezone the property to permit the development
Reference Number: 520-08/22
Property Address: 789-795 Brant Street
Municipality/UT: City of Burlington
OLT Case No.: OLT-23-000117
OLT Lead Case No.: OLT-23-000116
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Applicant and Appellant: Camarro Development Inc.
Subject: By-law 03-2023
Reference Number: Heritage BL 03-2023
Property Address: 795 Brant Street
Municipality/UT: City of Burlington
OLT Case No.: OLT-23-000168
OLT Lead Case No.: OLT-23-000116
Heard: May 17, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Camaro Development Inc. ("Applicant") | Denise Baker |
| City of Burlington ("City") | Andrea Peebles |
| Regional Municipality of Halton | Kelly Yerxa |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON MAY 17, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant seeks to redevelop a site at 789-785 Brant Street in the City (“Subject Property”) to construct a 31-storey mixed use building, containing 356 new residential units, ranging from one to three bedrooms. To this end, the Appellant had applied to amend the City’s Official Plan and the Zoning By-law. The Appeals are brought pursuant to sections 22(7) and 34(11) of the Planning Act due to the failure of the City to make a decision in the prescribed time, and s. 29 (11) of the Ontario Heritage Act.
2The Subject Property includes two parcels having a total area of 0.22 hectares. The parcel at 795 Brant Street is approximately .13 hectares with a frontage of approximately 28.35 metres and a depth of approximately 76.7 metres. The parcel at 789 Brant Street is approximately 0.089 hectares with frontage of approximately 22.2 metres and a depth of approximately 43.1 metres. The Subject Property is currently occupied by two-storey buildings containing commercial units.
3On January 24, 2023, City Council designated the property at 795 Brant Street pursuant to s. 29 of the Ontario Heritage Act. Notice thereof was published on February 2, 2023. The City has described the existing building on that property as a two-storey Georgian style brick house built between 1854 and 1855. The building has been known as Maple Lodge, William Ghent House, Bray-Ghent House, and Bent-Bray-Ghent House.
4On May 17, 2023, the Tribunal held its first Case Management Conference (“CMC”) to organize the appeals, address status requests and establish next steps in this proceeding.
5There were no issues raised with service of Notice of the CMC and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service of Notice of the CMC sworn on April 26, 2023, which was marked as Exhibit 1 to this CMC.
STATUS REQUEST
6The Tribunal received a written request for Party Status from the Regional Municipality of Halton (“Halton”). The Subject Property is in Halton. Halton wishes to raise issues including growth management policies, site servicing, site contamination, and waste management.
7On the consent of the Parties, the Tribunal granted Party Status to Halton.
8There were no requests received for Participant Status.
OPPORTUNITIES FOR SETTLEMENT
9Counsel for the Parties advised that they have not yet engaged in settlement discussions, but there is a prospect of some of the issues being resolved.
NEXT STEPS
10A draft Procedural Order, including an Issues List, was provided to the Tribunal prior to the CMC. The Tribunal noted that the Issues List was fulsome but, based on the discussion at the CMC, it needed refinement. Counsel for the Parties indicated that they were prepared to work quickly to refine the Issues List and finalize the Procedural Order. Counsel for the Applicant indicated that a 10-day hearing would be required to consider the matter, and Counsel for the other Parties agreed that a 10-day hearing would be adequate.
11Having heard the positions of Counsel, the Tribunal finds that setting a 10-day merit hearing is reasonable in the circumstances and directed that the hearing commence on Monday, April 15, 2024, to Friday, April 26, 2024.
12Parties 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:
GoTo Meeting: https://meet.goto.com/692665589
Access code: 692-665-589
13Parties 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.
14Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 692-665-589.
15Individuals 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.
16Given the need to refine the Issues List and considering the prospect of some issues being resolved, the Tribunal directed the Parties to work cooperatively to refine the Issues Lists and further directed them to provide the Tribunal with a draft Procedural Order and a consolidated Issues List on or before Wednesday June 7, 2023, 2023.
17The Parties were directed to advise the Tribunal of any settlement as soon as possible.
ORDER
18The Tribunal orders that the hearing on the merits of this matter will be held by video hearing on Monday, April 15, 2024, commencing at 10 a.m. Ten days have been set aside for this matter.
19The Tribunal orders that the Regional Municipality of Halton is granted Party Status in this proceeding.
20The Tribunal directs the Parties to submit to the Tribunal a draft Procedural Order with consolidated Issues List on or before Wednesday June 7, 2023, 2023.
21The Member is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
22No further notice will be given.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.