Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19, 2024
CASE NO(S).: OLT-24-000961
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1256384 B.C. Ltd. (North Stone)
Subject: Proposed Official Plan Amendment 152
Description: To permit the development of 3 residential apartment towers
Reference Number: 505-01/24
Property Address: 1393 Graham's Lane
Municipality/UT: Burlington/Halton Region
OLT Case No.: OLT-24-000961
OLT Case Name: 1256384 B.C. Ltd. (North Stone) v. City of Burlington
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1256384 B.C. Ltd. (North Stone)
Subject: By-law No. 2020.484
Description: To permit the development of 3 residential apartment towers
Reference Number: 520-04/24
Property Address: 1393 Graham's Lane
Municipality/UT: Burlington/Halton Region
OLT Case No.: OLT-24-000962
OLT Lead Case No.: OLT-24-000961
OLT Case Name: 1256384 B.C. Ltd. (North Stone) v. City of Burlington
Heard: December 5, 2024 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
1256384 B.C. Ltd. (North Stone)
Denise Baker
City of Burlington
Andrea Peebles Brittany Maione
MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON DECEMBER 5, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is with respect to Appeals filed by 1256384 B.C. Ltd. (North Stone) (“Appellant”) pursuant to s. 17(36) and s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”), against the modified approval of an Application for an Official Plan Amendment (“OPA”) and an Application to Amend the Zoning By-law (“ZBA”) (together the “Applications”) by the City of Burlington (“City”).
2The Appellants filed the Applications in respect of the lands known municipally as 1393 Graham’s Lane (“Subject Lands”) to facilitate their proposal to redevelop the Subject Lands with three residential buildings with heights ranging from 9 to 20 storeys and proposing a total of 722 units.
3City Council approved a modified OPA and ZBA, as recommended by City staff, permitting two buildings with a possible third building, the requirement of an on-site parkland dedication, and a Holding provision. The Appellant submits that the modified approval has created a number of challenges with the proposed redevelopment of the Subject Lands resulting in the Appeals.
4The matter was scheduled for a Case Management Conference (“CMC”) to be held on December 5, 2024, however, as a result of an administrative issue at the City, Notice of the CMC was not provided. The Tribunal adjourned the CMC and rescheduled the CMC to February 10, 2025 directing the City to provide Notice of new CMC date.
5Ms. Baker, on consent from the City, requested that the Tribunal convene a Status Hearing for this matter as the delay in the scheduling of the CMC, as a result of failure to provide Notice, will push the scheduling of the date for a Merit Hearing into the fall of 2025 to the detriment of the Appellant. Ms. Baker submitted a draft Procedural Order (“PO”) and Issues List (“IL”) and advised the Tribunal that five days will be required for the Merit Hearing and requested the Tribunal to schedule this matter as soon as the Tribunal’s calendar can accommodate.
6The City concurred with the request and noted that the Applications have not attracted a significant level of interest and suggested that any requests for Party or Participant Status can be addressed at the CMC scheduled for February 10, 2025.
7The Tribunal reviewed the draft PO and IL and encouraged the Appellant and the City to engage in discussions with respect to the issues identified with a view to narrowing the scope of the issues to focus the evidence to be proffered.
8The Tribunal is satisfied that requests for Status can be addressed at the CMC scheduled for February 10, 2025, and the final PO and IL can be reviewed and endorsed at that time. It was noted that any requests for Party Status will require the Party to shelter under the issues contained in the IL of the Appellant.
9The Tribunal scheduled a five-day hearing for the consideration of the Merits of the Appeal from Monday, June 23, 2025 to Friday, June 27, 2025, inclusive commencing at 10 a.m. by Video Hearing.
10Parties are asked to log into the Merit Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access Code: 519-389-173
11Parties and observers 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.
12Persons 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 the same as the access code noted above.
13Individuals 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 Merit 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.
14The Parties were directed to submit a draft PO and IL for consideration of the Tribunal at the next CMC on or before Wednesday, February 5, 2025.
15With respect to the Notice of the Merit Hearing, the Tribunal will advise any persons granted Party or Participant Status at the CMC scheduled for February 10, 2025 of the scheduled Hearing Dates set out in paragraph [9] of this Decision.
16There will be no further notice and the Member remains available for case management subject to the Tribunal’s calendar.
ORDER
17THE TRIBUNAL ORDERS THAT the case management directives set out above are so ordered.
“David Brown”
DAVID BROWN
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.