du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
August 02, 2023
CASE NO(S).:
OLT-22-002219
(Formerly PL210040)
OLT-22-002483
(Formerly PL200150)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1085 Clearview Limited Partnership
Appellant:
1246235 Ontario Inc.
Appellant:
1602211 Ontario Ltd.
Appellant:
2084 Lakeshore Holdings Ltd. Et Al; and others
Description:
Proposed Official Plan Amendment for Burlington New Official Plan
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002219
Legacy Case No.:
PL210040
OLT Lead Case No.:
OLT-22-002219
Legacy Lead Case No.:
PL210040
OLT Case Name:
1085 Clearview Limited Partnership v. Halton (Reg. Mun.)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Sofina Foods Inc.
Appellant:
Wal-Mart Canada Corp.
Appellant:
Reserve Properties Ltd.
Appellant:
Vrancorp Group; and others
Description:
Proposed Official Plan Amendment No. 119
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002483
Legacy Case No.:
PL200150
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.:
PL200150
OLT Case Name:
Sofina Foods Inc. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Wal-Mart Canada Corp.
Appellant:
Burlington Healthcare Centre Inc.
Appellant:
Better Life Development
Appellant:
Emshih Developments Inc.; and others
Description:
By-law No. 2020.418
Municipality:
City of Burlington
OLT Case No.:
OLT-22-002484
Legacy Case No.
PL200151
OLT Lead Case No.:
OLT-22-002483
Legacy Lead Case No.
PL200150
Heard:
July 7, 2023 via Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Regional Municipality of Halton (“Region”)
K. Yerxa
City of Burlington (“City”)
A. Biggart, B. Hurley and C. Kapelos
Appellants and Parties listed in Attachment 1 (attached)
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JULY 7, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This further Case Management Conference (“CMC”) was convened for the purpose of providing a status update and information to the Tribunal concerning steps that the City of Burlington (“City”) will be taking to bring the Official Plan (“OP”) into conformity with the Regional Official Plan Amendment Nos. 48 & 49 (“ROPA 48 & 49”) and Provincial Bill 23.
STATUS UPDATE
2It was identified by the City that since the release of ROPA 48 & 49 and Bill 23, both legal and policy changes have occurred all of which have conformity requirements. These impact the City's OP which is causing the municipality to re-examine portions of the OP along with a further examination of the Major Transit Station Areas (“MTSA”) in Burlington.
3Counsel explained that the process of re-examining portions of the OP exercise (“exercise”) coming forward will include, in his opinion, four different avenues. The first would include policy areas where the City is of the opinion that no changes are required whatsoever, of which approval will be sought from the Tribunal in due course. The second, would see policies where the City is of the opinion, a modification for the purposes of conformity as well as satisfying the requirement demands or needs of an Appellant, could be used for settlement purposes.
4The third avenue would identify parts of the OP where the City is of the opinion that an amendment is necessary. In this instance, a full public meeting process and consideration of the amendment by Council would be required.
5The fourth avenue would identify areas where the City is of the opinion that the policies should come into effect because they are either not identified on the issues list or where new policies reflect previous OLT decisions for the purpose of recognizing rights that had been granted to specific property owners where parties had protective appeals.
6A further CMC in November 2023 was requested to identify portions of the OP which can be brought into effect that do not require modification or amendment and also to identify possible hearing dates on contested policies. Counsel advised this would afford the Parties time to continue to work from the master issues list and potentially, either eliminate some of issues or to identify potential additional issues by way of the modifications or amendments.
7In light of the number of Parties associated with this matter, the Tribunal directed that the City work with the Parties and Case Coordinator to set a date for the November CMC which will be held by video hearing.
8Counsel indicated that a revised interim version of the OP reflecting the modifications and amendments was circulated to the Parties. Highlighting indicated the various portions under review. A tracking system of the modifications and amendments would be established to indicate all resolved issues through dialogue with the Parties and or through the public process. Counsel indicated the City will look to a form of a “tracking system spreadsheet” to identify all changes and to highlight policy updates as the process continues.
9The Tribunal directed that the City provide a copy of the revised interim version of the OP (tracking system spreadsheet) showing the progress and or resolution to policies to the Case Coordinator seven days prior to the CMC being scheduled for November 2023.
10A request was made that the Tribunal dispense with or eliminate the Phasing Plan which was Attachment 2 to the Master Procedural Order (“Master PO”). The City clarified the intent of the request was not to dispense with the concept of phasing, rather, to hold the assignment of phases until the exercise has been completed. Counsel reiterated, there is still general agreement that the concept of phasing makes sense and is still something all Parties agree with. Notwithstanding this, Counsel indicated there are some modifications and amendments anticipated not to be impacted, one of which is Aggregates.
11The Tribunal will dispense with, Attachment 2, of the Master PO and will revisit the possibility of a new Phasing Plan at the November 2023 CMC when the exercise has identified the appropriate subject matters and appeals to be adjudicated. The Tribunal confirmed with the Parties that the Phase 1C-Aggregates hearing will remain as scheduled commencing on October 11, 2023.
12The City requested, that the Phase 1B, Natural Heritage phase currently scheduled to begin on December the 4th, 2023 not proceed. It was suggested that the modifications and amendments forthcoming may not examine natural heritage in and of itself, but rather natural heritage may be impacted by other parts of the OP that will be examined as part of the exercise. Instead, Counsel requested to utilize the first week of the December (December 4th through 8th, 2023) to bring forward, on consent, possible settlements or uncontested portions of the OP.
13The Tribunal raises no issue with the cancellation of the Phase 1B, Natural Heritage hearing and redirects the first week of the time set aside (December 4-8, 2023) be utilized to further any settlements or discussions relating to the hearing the uncontested portions of the OP.
14The Tribunal directs the City notify the Case Coordinator its wish to release the second week of scheduled time (December 11-15, 2023). The Tribunal directs that any materials to be considered during the week of December 4-8, 2023, be forwarded to the Case Coordinator by November 27, 2023.
15It was suggested that if the Tribunal was amenable to written settlements, the Parties could prepare, on an unopposed or consent basis, settlement materials by way of affidavit identifying the policy changes, to eliminate further attendance before the Tribunal and to provide a more expeditious resolution to move matters forward.
16The Tribunal indicated its openness to receiving written settlement materials for consideration and approval and directs the Parties to contact the Case Coordinator should this circumstance arise.
17It was brought to the attention of the Tribunal by Ms. Kaufman, who had on behalf of her client, provided the City with a letter noting the withdrawal of their appeal, requested that her client be granted non-appellant Party Status. Counsel for the City stated he would look into the matter and advise the Case Coordinator on behalf of all Parties as to any objections or concerns with Ms. Kaufman’s request.
18The Tribunal directed Ms. Kaufman to provide the Case Coordinator with a copy of the appeal withdrawal letter and her request for non-appellant status.
19Having provided direction on moving this matter forward, the Tribunal encourages all Parties and the City to avail themselves of Tribunal-led mediation should the need arise.
ORDER
20THE TRIBUNAL ORDERS its directions and rulings as set out above.
21There will be no further notice.
22This Panel is not seized but remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
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.
ATTACHMENT 1
OLT-22-002219/OLT-22-002483
PL210040 Appellant Name(s)
Number
Does the Appellant have an appeal under File PL200150 OPA 119 & ZBA?
Counsel/ Representative
City of Burlington
R. Andrew Biggart / Christina Kapelos / Blake Hurley
Region of Halton
Kelly Yerxa
Ontario Stone, Sand & Gravel Association (OSSGA)
1
David White / Marc Kemerer (in absentia)
United Burlington Retail Portfolio Inc.
2
Aaron Platt
Crystal Homes
3
Alex Lusty
Landform Development Group and 2413350 Ontario Inc.
4
Yes
Denise Baker
1085 ClearviewLimited Partnership (1085 Clearview GP Inc.)
5
Denise Baker
West End Home Builders Association
6
Yes
Denise Baker
440 Elizabeth Street Holdings Ltd
7
Yes
Denise Baker
2084 Lakeshore Holdings Ltd. and 2084 Lakeshore (2048) LP Ltd
8
Yes
Denise Baker
Emshih Developments Inc. (800 Burloak Drive)
9
Jessica De Marinis / Nancy Smith (in absentia) / Jennifer Meader (in absentia)
Emshih Developments Inc. (895-901 Brant and 2250 Fairview Street)
10
Yes
Jessica De Marinis / Nancy Smith (in absentia) / Jennifer Meader (in absentia)
Emshih Developments Inc. (372-380 and 433-439 Brant Street)
11
Yes
Jessica De Marinis / Nancy Smith (in absentia) / Jennifer Meader (in absentia)
Carriage Gate Homes Inc., Lakeshore (Burlington) Inc. and Old Lakeshore (Burlington) Inc.
12
Yes
Scott Snider (in absentia) / Jennifer Meader (in absentia)
1820473 Ontario Inc. and Molinaro Group of Companies
13
Scott Snider (in absentia) / Jennifer Meader (in absentia)
Victoria-Brant Ltd., 2022 Victoria Avenue Inc., 2018 Victoria Avenue Inc., and 1664450 Ontario Inc.
14
Scott Snider (in absentia) / Jennifer Meader (in absentia)
Renimmob Properties Ltd.
15
Yes
Scott Snider (in absentia) / Jennifer Meader (in absentia)
Penta Properties Inc., Paletta International Corporation and P&L Livestock Ltd.
16
Scott Snider (in absentia) / Jennifer Meader (in absentia)
Brookfield Properties, InteRent REIT and CLV Group Inc. (Fairview Limited Partnership)
17
Yes
Scott Snider (in absentia) / Shelley Kaufman / Jennifer Meader (in absentia)
Withdrew appeal
18
New Horizon Development Group
19
Patrick Harrington (in absentia) / Meaghan Barrett (in absentia)
Brad Wilson
20
Self-Represented (in absentia)
Wal-Mart Canada Corp.
21
Yes
Roslyn Houser / Matthew Lakatos-Hayward
Millcroft Greens Corporation
22
Patrick Harrington (in absentia) / Meaghan Barrett (in absentia)
RK (Burlington Mall) Inc.
23
Joel D. Farber / Matthew Rutledge (in absentia)
Withdrew Appeal
24
Pine Street Burlington Corp.
25
Yes
Denise Baker
Adi Developments (Masonry) Inc.
26
Yes
Denise Baker
Withdrew Appeal
27
Withdrew Appeal
28
RioCan Holdings Inc.
29
Joel D. Farber / Matthew Rutledge (in absentia)
335 Plains Holdings Inc. and 355 Plains Holdings Inc.
30
Denise Baker
Camarro Developments Inc. (789-795 Brant Street)
31
Denise Baker
Camarro Developments Inc. (519-527 Brant Street)
32
Denise Baker
Camarro Developments Inc. (1062 and 1074 Cooke Blvd)
33
Denise Baker
Infinity Developments Group Inc.
34
Denise Baker
Spruce Partners Inc. and Amico Properties Inc.
35
Yes
Denise Baker
5135 Fairview Holdings Inc.
36
Denise Baker
S & G Consulting Inc., Branthaven 735 Oval Inc., and Branthaven Development Corp.
37
Yes
Denise Baker
1602211 Ontario Ltd.
38
Denise Baker
William Love
39
Self-Represented (in absentia)
Nelson Aggregate Co.
40
David White / Marc Kemerer (in absentia)
Mac’s Convenience Stores Inc.
41
Max Laskin (in absentia) / Matthew Lakatos- Hayward
Core FSC Lakeshore GP Incorporated
42
Yes
David Bronskill (in absentia) / Matthew Lakatos- Hayward
Vrancorp Group
43
Yes
David Bronskill (in absentia) / Matthew Lakatos- Hayward
Reserve Properties Ltd.
44
Yes
David Bronskill (in absentia) / Matthew Lakatos- Hayward
2584979 Ontario Inc.
45
David Bronskill (in absentia) / Matthew Lakatos- Hayward
Burlington Healthcare Centre Inc.
46
Yes
Andrew Jeanrie /Stephanie Brazzell (in absentia)
Emshih Development Inc. (901 Guelph Line)
47
Jessica De Marinis / Nancy Smith (in absentia)
Withdrew Appeal
48
ADDED PARTIES
Fairview GO Ltd.
Jennifer Meader (in absentia) / Scott Snider (in absentia)
Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”)
David R. Donnelly
Millcroft Greenspace Alliance
Daintry Klein (Rep.) (in absentia)
Metrolinx
Christie Gibson / Signe Leisk (in absentia)
PARTICIPANTS
Tom Muir
Self-Represented (in absentia)
Anne and David Marsden
Self-Represented (in absentia)
Millcroft Coalition Against Development
Kirk Robinson (Rep.) (in absentia)
ADDITIONAL APPELLANTS FOR PL200150 ONLY
Sofina Foods
1
Donya Yarahmadi / Patrick Duffy (in absentia)
Welwyn Interests Inc.
8
Denise Baker
Adi Developments (Masonry) Inc.
13
Denise Baker
850 Brant Street Properties Inc.
22
Scott Snider (in absentia) / Jennifer Meader (in absentia)