Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 08, 2023 CASE NO(S).: OLT-21-001522
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 1085 Clearview Holdings Inc. Subject: Site Plan Description: To permit a 7-storey residential condominium Reference Number: 535-008/21 Property Address: 1085 Clearview Avenue and 1082, 1086, 1090 St. Matthews Avenue Municipality/UT: Burlington/Halton OLT Case No: OLT-21-001522 OLT Lead Case No: OLT-21-001522 OLT Case Name: 1085 Clearview Holdings Inc. v. Burlington (City)
Heard: June 23, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1085 Clearview Holdings Inc. (“Applicant/Appellant”) | Denise Baker |
| City of Burlington (“City”) | Blake Hurley |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JUNE 23, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal having been previously informed that the parties have reached a settlement, considered the revised proposal, subject of this decision. This matter arose as a result of 1085 Clearview Holdings Inc. (“Applicant/Appellant”) making an appeal due to City’s failure to approve the plans or drawings within the statutorily mandated timeframe pursuant to s. 41(12) of the Planning Act (“Act”).
2The Applicant/Appellant has property municipally known as 1085 Clearview Avenue and 1082, 1086,1090 St. Matthews Avenue in the City (“Subject Lands”).
Evidence
3Dana Anderson was the sole witness who was affirmed and qualified by the Tribunal to provide expert opinion evidence in the area of land use planning.
4Ms. Anderson referred to the Applicant Document Book (Exhibit 1) and in particular to her witness statement (Exhibit 1, Tab 1) for her testimony at the hearing.
5Ms. Anderson provided overview of the proposed site which will provide for two 7 storey, mid-rise building connected to a 2 storey podium, with 164 units consisting of 57 one bedroom units and 107 two bedroom units. Each of the two 7 storey building portions have a length of approximately 41 metres (“m”), and are connected to a two storey, recessed central podium which contains the main entrance to the building facing Masonry Court. There is a 15 m separation between the two 7 storey building portions at the second storey and a further building separation of 20 m between the buildings at the seventh floor. The height of the building is 22.2 m to the seventh floor with an overall height of 27.2 m inclusive of the mechanical penthouses. The mechanical penthouses for each building portion are centered at the top of the seventh floor and further setback and screened on all four sides of each building.
6Ms. Anderson summarized in her witness statement and in her testimony the following regarding consideration for s. 41 of the Act;
| Matters to be Addressed | Assessment/Opinion |
|---|---|
| Compliance with Zoning | While not a requirement for site plan approval under the Planning Act, the Revised Application is in compliance with all required provisions of the City’s Zoning By-law 2020, as amended. A compliance chart is provided in a later section of my Witness Statement. |
| Compliance with Design Guidelines | The Revised Application has been revised to address staff comments and the Application addresses and meets the City’s Mid-Rise Building Guidelines |
| Access and Connectivity | The Revised Application provides for safe entrance and exits to the site. The 6.0 m vehicular drive provides for an appropriate, accessible and safe private drive for the development that accommodates functional service requirements (fire, garbage and snow removal) and pedestrian connectivity. |
| Parking | Unit and visitor parking is adequately provided on site and accessible spaces are appropriately sited |
| Landscaping | The Landscape Plan, which forms part of the Revised Application addresses the City’s landscape guidelines and provides for appropriately designed landscaped areas that provide for entrance features and buffering. Appropriately designed outdoor amenity and common areas are also provided for the site. |
| Lighting | Sufficient and adequate lighting is provided and meets the City’s requirements. |
| Waste Disposal | A private waste disposal system will adequately service the units. |
| Overall Site Function/Servicing and Grading/Drainage | All servicing, grading and drainage matters have been thoroughly assessed and addressed through the technical supporting information and plans. |
7Ms. Anderson opined that the requirements set out in s. 41 of the Planning Act required to be addressed for site plan approval have been met in the site plan before the Tribunal.
8In consideration of s. 41(7) the parties provided agreed to site plan conditions. The parties have narrowed it down to the execution of a site plan agreement between the parties within 30 days of the hearing.
9Ms. Anderson reviewed the applicable policies, Zoning By-law, Region and City Official Plans as well as City’s Mid-Rise building guidelines in her witness statement (Exhibit 1, Tab 1, paragraphs 70-94). She opined that the proposal and the consequential site plan have met the following:
- has regard for matters of provincial interest under the Planning Act;
- is a Site Plan that is in accordance with Section 41 of the Planning Act;
- is consistent with the PPS;
- is in conformity with the Growth Plan;
- is in conformity with the Halton Regional Official Plan;
- is in conformity with the City of Burlington’s Official Plan;
- provides for a compatible design that does not create any adverse impacts; and,
- is appropriate for the Subject Lands, represents good planning and is in the public interest.
Analysis
10The Tribunal has considered the material on file, the uncontroverted and unopposed land use planning opinion evidence of Ms. Anderson. The Tribunal also received joint submissions of the parties in support of the requested Site Plan before the Tribunal.
11The Tribunal finds based on the totality of uncontroverted and unopposed evidence presented at the hearing and on file finds that the proposal has due regard for matters of Provincial Interest, is consistent with Provincial Policy Statement 2020, conforms with the Growth Plan for the Greater Golden Horseshoe 2019, as amended and conforms with the Region of Halton and the Town Official Plans as well as conforms with the Town’s Zoning By-law No. 2020 as amended and approved by the Tribunal previously specific to the proposed development.
12The Tribunal finds based on all the evidence before it that the Site Plan and the Site Plan Conditions have met the requirements of s. 41 and s. 41(7) of the Planning Act as the Site Plan has met the tests in s. 41 and the conditions are appropriate in consideration of s. 41(7) requirements.
ORDER
13THE TRIBUNAL ORDERS that the site plan prepared by Edward Thomas dated May 4, 2022 on file as (Exhibit 1, Tab 25, pages (629-643)) is approved subject to the Conditions set out in Schedule 1 to this Order.
14THE TRIBUNAL ORDERS the parties execute and register any agreement required under Section 41 of the Planning Act to the satisfaction of the City Solicitor dealing with all the facilities or matters shown on the plans and drawings and the conditions set out in Schedule 1.
a. The parties shall within 30 days inform the Tribunal regarding the completion of the agreement.
15Should any difficulties arise, the Tribunal Member may be spoken to who remains seized on this matter.
“Jatinder Bhullar”
JATINDER BHULLAR 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.
SCHEDULE 1
June 22, 2022- Conditions of Site Plan Approval – 1085 Clearview Avenue (535-008/21)
Legal:
- Execute and register any agreement required under Section 41 of the Planning Act to the satisfaction of the City Solicitor dealing with all the facilities or matters shown on the plans and drawings and the conditions set out herein.
Planning:
- Submit a copy of the site plan in a compatible AutoCAD (2000) file.
Accessibility:
Revise proposed curb to include Tactile Walking Surface Indicators flush at the top of the proposed barrier-free parking stalls and access aisles, to the satisfaction of the Director of Planning or their designate.
Revise proposed concrete sidewalk location for the circular drop off area to include a dropped curb and Tactile Walking Surface Indicators, to the satisfaction of the Director of Planning or their designate.
Urban Forestry:
Submit revised Landscape Plans to the satisfaction of the Director of Engineering Services or their designate to include:
a. Details of the proposed outdoor amenity area on the ground level, including the four benches identified and the extent of any paving or plants proposed.
b. An amendment to Planting Plan L2 dated April 19, 2022 to include Douglas Fir (Pseudotsuga menziesii) coniferous plantings to align with the City’s species diversity goals.
Submit a revised Arborist Report and Tree Inventory, Protection and Removals to the satisfaction of the Manager of Urban Forestry/City Arborist or designate to include:
i. Identification of tree numbers 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 31, 44 as trees in public ownership in the tree inventory table to reflect the City’s Tree Inventory. ii. Provide exact addresses for ‘Neighbour’ tree numbers 2, 46, 48-50 listed in the tree inventory table. iii. Identification of percentage of impact in MTPZ (Minimum Tree Protection Zone) and percentage of impact in the CRZ (Critical Root Zone) in the tree inventory table for all trees. iv. Provide further justification for the removal of tree 26, including detailing the extent of impact of the proposed development and why mitigation is not a viable option for the tree. v. Provide a more detailed Preservation Plan for trees numbered as 2, 28-31, 46, 48-50 and 52 identified for retention within the Arborist Report, including:
i. Identification of which trees will sustain injury and require root pruning. ii. Identification of any encroachments into the MTPZ (Minimum Tree Protection Zone) of the existing trees planned for retention in the Arborist Report. iii. Illustrate the proposed extent of the tree protection zones in drawing TI-1 Tree Inventory, Protection and Removals for each tree planned for retention.
Site Engineering:
Submit revised Architectural Drawings to the satisfaction of the Director of Engineering Services or their designate to reflect any changes required as a result of:
a. P1 Level Floor Plan (SPA2.1, revision 2) by SRM Architects Inc. provides for a stormwater tank layout that differs from that which is proposed on the Servicing Plan (C2-1, revision C) by LANHACK Consultants Inc. The P1 Level Floor Plan does not provide for a cistern, as provided for on the Servicing Plan. The stormwater tank and cistern, as provided for on the Servicing Plan, conflict with proposed parking stall #1, as provided for on the P1 Level Floor Plan.
Submit an updated Storm Water Management Report to the satisfaction of the Director of Engineering Services or their designate to reflect any changes required as a result of:
a. The Storm Water Management Report (dated April 2022) by Lamarre Consulting Group Inc. does not provide for major overland flow route information for the proposed site conditions while the Grading, Erosion and Sediment Control Plan (C1-1, revision C) by LANHACK Consultants Inc. provides for a major overland flow route to the St. Matthew’s Avenue road allowance only. An update is required, as communicated by the City to MTE Consulting in 2018, to direct major overland flow to the Masonry Court road allowance or, alternatively, to the Clearview Avenue and St. Matthew’s Avenue road allowances but not to exceed the pre-development major overland flow impacts of either road allowance.
b. The Storm Water Management Report does not provide for surface ponding information or confirm no surface ponding at the proposed area drains. The requirement for surface ponding is for surface ponding limits and depths to be confirmed if the area drains and associated stormwater network are not sized to convey the 100-year storm event without surface ponding and/or surcharging. An update is required to provide for surface ponding information or confirm no surface ponding at the proposed area drains.
Submit an updated Engineering Drawings to the satisfaction of the Director of Engineering Services or their designate to reflect any changes required as a result of the changes to the stormwater tank, cistern, major overland flow route and surface ponding identified in the architectural drawings and Storm Water Management Report.
In the event that shoring will be utilized on the site and that it is intended that the shoring will be beyond the limits of the subject site, the Owner is to submit engineering details of the excavation shoring system for the underground parking structure (including shoring walls, piles, tie-backs, etc.), which confirm all elements of the excavation shoring system for the underground parking structure are within the limits of the subject property or otherwise acceptable, to the Director of Engineering Services of their designate.
Enter into an encroachment agreement for proposed excavation shoring system encroachments onto the Masonry Court road allowance, if necessary.
Submit a CCTV video of the existing storm sewers and manholes on Masonry Court and St. Matthews Avenue, which confirms the existing condition of the storm sewers and manholes.
Submit an updated Electrical Site Plan Photometrics to the satisfaction of the Director of Engineering or their designate if any updates to the Architectural Drawings or Engineering Drawings identified in conditions 1 and 3 impact the Electrical Site Plan Photometrics.
Submit an updated Utilities Coordination Plan to the satisfaction of the Director of Engineering or their designate, indicating:
a. The location of all existing and proposed above ground utilities (i.e. street lights, hydro poles, transformers and pedestals, cable and Bell pedestals, hydrants, and gas meters) within the City's road allowance that fronts the subject property and within the subject property limits.
b. The location and elevations of all existing and proposed underground utilities (i.e. road crossings, conduits and duct banks, gas mains, and hand hole boxes) within the City's road allowance that fronts the subject property and within the subject property limits. Existing underground utility elevations are to be confirmed by daylighting.
c. The location of all existing and proposed trees within the City's road allowance that front the subject property, are within 3 metres of any other shared property line or are within the subject property limits.
Submit to the satisfaction of the Director of Engineering or their designate an updated Noise Review of Site Plan Approval Application letter that:
a. identifies locations and maximum noise levels for outdoor mechanical equipment and confirms that the outdoor mechanical equipment will not negatively impact the subject site or the surrounding noise sensitive land uses by satisfying the noise criteria of the MECP’s NPC-300.
b. in the event that the satisfaction of the site engineering conditions of site plan causes the assumptions set out in the Environmental Noise Assessment to change (e.g., acoustically significant grade change or building change), that the Environmental Noise Assessment will be updated to consider and reflect those changes
Region of Halton:
That the applicant pay for and obtain a Regional Water and Wastewater Services Permit from Halton Region.
That the applicant provide an updated waste management plan to the satisfaction of Halton Region. If Halton Region determines that Regional waste collection is not possible, the applicant shall provide confirmation, to the satisfaction of Halton Region, that all agreements of purchase and sale or leases include a Notice Letter/ Acknowledgment informing prospective purchasers and tenants that the site will be serviced by private waste collection in the Purchaser’s welcome package. Where purchase agreements have already been signed, an amended welcome package shall be provided and the change indicated.