Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 9, 2024
CASE NO.: OLT-24-000480
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Morris Drive Holdings Limited
Subject: Consent
Description: To permit creation of a storm sewer easement and sanitary sewer easement over Parts 4 and 5 on Reference Plan 20R8019
Reference Number: 545-02-B-004/2023
Property Address: 4196 and 4209 Morris Drive
Municipality/UT: Burlington/Halton
OLT Case No.: OLT-24-000480
OLT Lead Case No.: OLT-24-000480
OLT Case Name: Morris Drive Holdings Limited v. Burlington (City)
BEFORE:
KURTIS SMITH, MEMBER Wednesday, the 25th day of September, 2024
THIS MATTER having come before the Tribunal by way of Written Hearing on September 25, 2024;
AND THE TRIBUNAL, having been provided with uncontested affidavit evidence in support of the consent application bearing City file number B-004/23 (the “Consent”)
AND THE TRIBUNAL, having had regard to the decision of the City’s committee of adjustment and the information and materials related to the Consents pursuant to Section 2.1 of the Planning Act;
AND THE TRIBUNAL, having found that the Consent conforms to the City of Burlington Official Plan, 2020 and comply with the City of Burlington Zoning By-law 2020;
AND THE TRIBUNAL, having had regard for matters of provincial interest pursuant to Section 2 of the Planning Act and the criteria in Section 51(24) of the Planning Act, having determined that the Consent is appropriate and constitute good planning;
AND THE TRIBUNAL, having determined that the ten (10) conditions prosed are reasonable and appropriate having regard to the nature of the development proposed, in accordance with Section 51(25) of the Planning Act;
THE TRIBUNAL ORDERS that the appeal is allowed and provisional consent for severance to create a storm sewer easement and a sanitary easement over Parts 4 and 5 on Reference Plan 20R-8019 at the lands municipally known as 4197 and 4208 Morris Drive in favour of the lands municipally known as 4190, 4200, and 4210 South Service Road is given, subject to the following conditions:
- The Applicant shall provide a copy of the draft reference plan prepared by an OLS to the Secretary – Treasurer or designate for review and approval prior to depositing the plan;
- The Applicant shall provide two copies of the Deposited Reference Plan to the satisfaction of the Secretary – Treasurer;
- The Applicant shall provide the Secretary –Treasurer with a copy of the draft Transfer documents;
- The Applicant shall provide the Secretary –Treasurer with a copy of the easement documents; and
- The Applicant shall provide a copy of the wording for the certificate of official to the satisfaction of the Secretary – Treasurer;
- The Applicant shall provide a Servicing Plan prepared by a professional Engineer to certify that the location of the existing sanitary and storm sewers are within the limits of the proposed easement;
- The Applicant shall obtain a Building Permit for all building construction, if applicable;
- The Applicant shall submit Permit application drawings prepared by a qualified designer as per Div. C., Section 3.2 - Qualifications of Designers and OBC 2012, if applicable;
- The Applicant shall make payment of any outstanding property taxes including all installments levied at the time of the issuance of Consent; and
- The Applicant shall commute all local improvements; if required.
The Tribunal may be spoken to should any Party require assistance in the execution of this Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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