Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 05, 2024

CASE NO(S).: OLT-21-001738

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Emshih Developments Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit a large scale, neighbourhood commercial development

Property Address: 700 & 800 Burloak Drive

Municipality/UT: Burlington/Halton

Municipality File No.: 505-06/04

OLT Case No.: OLT-21-001738

OLT Lead Case No.: OLT-21-001738

OLT Case Name: Emshih Developments 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: Emshih Developments Inc.

Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision

Description: To permit a large scale, neighbourhood commercial development

Property Address: 700 & 800 Burloak Drive

Municipality/UT: Burlington/Halton

Municipality File No.: 520-11/04

OLT Case No.: OLT-21-001739

OLT Lead Case No.: OLT-21-001738

Heard: February 29, 2024, in writing

APPEARANCES:

Parties

Counsel

Emshih Developments Inc. ("Applicant")

Anna Toumanians

City of Burlington ("City")

Blake Hurley

Regional Municipality of Halton ("Region")

Kelly Yerxa

DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL

Decision

1These Appeals were commenced under sections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), due to a non-decision by the City with respect to the Applicant’s applications for Official Plan Amendment and Zoning By-law Amendment. The Applicant seeks to develop commercially the lands municipally known as 800 Burloak Drive in the City.

2Disposition of the matter has come before the Tribunal in writing as a settlement motion agreed to by all the Parties. The Tribunal confirms that it has received, reviewed, and considered the following materials:

a. the uncontested opinion evidence of Dana Anderson, a professional land use planner and Registered Professional Planner with the Ontario Professional Planners Institute, contained in her comprehensive affidavit sworn on February 22, 2024 and marked as Exhibit 1; and,

b. Minutes of City Council dated January 16, 2024 and marked as Exhibit 2.

3The Tribunal understands that the affidavit evidence of Ms. Anderson reflects revisions to the applications that were reached through the cooperative efforts of the Parties.

4The Tribunal accepts the opinion evidence of Ms. Anderson as presented in her affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Act, are consistent with the Provincial Policy Statement (2020), conform to the Growth Plan for the Greater Golden Horseshoe (2020), conform to Region’s Official Plan, conform to the City’s Official Plan which is currently in force, and otherwise reflect principles of good land use planning and are in the public interest.

5The Tribunal notes that the City adopted a new Official Plan in October 2020, which was approved by the Region, with modifications, on November 30, 2020. The new Official Plan remains under appeal before the Tribunal. Any required implementation of this settlement will be undertaken through that appeal.

ORDER

6THE TRIBUNAL ORDERS THAT :

a. the Appeals are allowed in part;

b. the Official Plan for the City of Burlington is amended as set out in Attachment 1 to this Order;

c. By-Law No. 2020 of the City of Burlington is amended as set out in Attachment 2 to this Order. The Tribunal authorizes the Municipal Clerk of the City of Burlington to assign a number to this by-law for record-keeping purposes.

"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.

ATTACHMENT 1

OFFICIAL PLAN AMENDMENT

AMENDMENT NO. 145 TO THE OFFICIAL PLAN

OF THE BURLINGTON PLANNING AREA

CONSTITUTIONAL STATEMENT

The details of the Amendment, as contained in Part B of this text, constitute Amendment No.145 to the Official Plan of the Burlington Planning Area, as amended.

PART A – PREAMBLE

1. PURPOSE OF THE AMENDMENT

The purpose of this Amendment is to redesignate the lands at 800 Burloak Drive currently designated as “General Employment” to “Neighbourhood Commercial” and to add a site-specific policy to permit a mixed-use building with a maximum height of 4 storeys.

2. SITE AND LOCATION

The subject lands are municipally known as 800 Burloak Drive and are located on the south side of Burloak Drive. The lands are rectangular in shape, have a total net lot area of 2.03 ha and a frontage of approximately 118 m.

3. BASIS FOR THE AMENDMENT

a) The application proposes land uses that have regard for the Provincial Policy Statement (PPS, 1997) and are consistent with the Provincial Policy Statement (PPS, 2020).

b) The PPS promotes protecting the long-term health and safety of the population and the financial and economic well-being of Province and municipalities by avoiding development and land use patterns which may cause environmental or public health and safety concerns.

c) Intensification of land within built-up, serviced areas of the City makes more efficient use of existing developed lands and provides employment opportunities which meets the intent of the Growth Plan and the Region of Halton Official Plan.

d) The proposed development supports the City's objective to broaden the range of housing forms and supply to meet City needs in a manner that is compatible with surrounding properties and uses.

e) The proposed development is located on lands with adequate infrastructure and in close proximity to transit routes, commercial uses and community amenities so satisfies Official Plan policies to provide housing opportunities in locations that can reduce travel times and decrease dependence on the car.

f) The applicant submitted technical studies that provide adequate and appropriate information to support the development.

PART B – THE AMENDMENT

1. DETAILS OF THE AMENDMENT

Map Change:

Schedule A – Settlement Pattern, of the Official Plan (1997, as amended), is modified by re-designating the lands identified as “A” on Schedule “A” attached hereto from “Employment Lands” to “Residential Areas”.

Schedule B – Comprehensive Land Use Plan – Urban Planning Area, of the Official Plan (1997, as amended), is modified by re-designating the lands designated as “A” on Schedule “B” attached hereto from “General Employment” to “Neighbourhood Commercial” with a site-specific policy.

Text Change:

The text of the 1997 Official Plan for the Burlington Urban Planning Area, as amended, is hereby amended as follows:

By adding the following site-specific policy l) at the end of Part III, Land Use Policies – Urban Planning Area, Section 4.6 Neighbourhood Commercial, Subsection 4.6.2 Policies:

2. INTERPRETATION

This Official Plan Amendment shall be interpreted in accordance with the “Interpretation” policies of Part VI, Implementation, Section 3.0, Interpretation, of the Official Plan of the Burlington Planning Area.

3. IMPLEMENTATION

This Official Plan Amendment will be implemented in accordance with the appropriate “Implementation” policies of Part VI of the Official Plan of the Burlington Planning Area.

Schedule A

Schedule B

ATTACHMENT 2

By-law amendment

To amend By-law 2020 of the City of Burlington, as amended, to rezone the lands located at 800 Burloak Drive from General Employment to Neighbourhood Commercial.

1. Zoning By-law 2020, Map Number 27-E of PART 15, as amended, is hereby amended as shown on Schedule “A” attached to this By-law.

2. The lands marked as “Area A” on Schedule “A” attached hereto are hereby rezoned from General Employment 2 – Site Exception 48 (GE2-48) zone to the Neighbourhood Commercial One - Site Exception 48 (H- CN1-48) zone.

3. Part 11 of By-law 2020, as amended, Holding Zone Provisions, is hereby amended by the addition of the following section to Appendix A:

#84. H-CN1-48 Map 27-E

The Holding symbol shall be removed from the zone designation by way of an amending zoning by-law following:

a) The owner submits a Record of Site Condition, filed with the Ministry of Environment, Conservation and Parks, that indicates the site is suitable for the proposed land use to the satisfaction of Halton Region and Director of Engineering Services;

b) The owner submits copies of the final Phase One and Phase Two Environmental Site Assessment, which support the Record of Site Condition filing, to the satisfaction of the Region of Halton and Director of Engineering Services; and,

c) The owner submits an updated Functional Servicing Report to the satisfaction of the Region of Halton and Director of Engineering Services.

4. PART 14 of By-law 2020, as amended, Exceptions to Zone Designations, is amended by replacing Exception 48 for the lands designated as “Part A” on Schedule “A” attached hereto with the following:

Exception 48

Zone H-CN1-48

Map 27-E

Amendment 2020.471

Enacted

1. Additional Permitted Uses: a) Dwelling units on the fourth floor

2. Regulations: a) Maximum Building Height: 4 storeys, not including mechanical penthouse b) Notwithstanding Part 1, Section 2.26, 4) access to the parking lot will be provided through the adjacent property to the south at 5270 Fairview Street (Sherwood Forest Park Trail) as known as legal description CON 3 SDS Part Lot 1, Registered Plan 20R-15215, PARTS 1,2,3.

Schedule A