Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 3, 2024
CASE NO.: OLT-22-004680
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: FGL Kerns Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a four-storey retirement home with ground floor for commercial use
Reference Number: 520-02/21
Property Address: 1600 Kerns Road
Municipality/UT: Burlington/Halton
OLT Case No.: OLT-22-004680
OLT Lead Case No.: OLT-22-004680
OLT Case Name: FGL Kerns Inc. v. Burlington (City)
BEFORE:
HUGH S. WILKINS
Wednesday, the 3rd
VICE CHAIR
day of July, 2024
THESE MATTERS having come before the Tribunal for a hearing on October 3 and 4, 2023, and the Tribunal, in its decision issued on January 30, 2024, having ordered that the proposed Zoning By-law Amendment is approved in principle with the Final Order being withheld pending receipt and approval by the Tribunal of the proposed Zoning By-law Amendment submitted in a final form and confirmed to be satisfactory to the Parties and pending notification by the City of Burlington and FGL Kerns Inc. that the City’s 2020 Official Plan has come into force and effect as it relates to 1600 Kerns Road;
AND THE TRIBUNAL having been advised with confirmation from the Parties that the above-stated pre-requisite matters have been satisfied;
THE TRIBUNAL ORDERS that the Zoning By-law Amendment, set out in Attachment 1 to this Final Order, is approved.
“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.
ATTACHMENT “1”
ZONING BY-LAW
BY-LAW NUMBER 2020.461
THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER 2020.461
Being a By-law to amend By-law 2020, as amended for 1600 Kerns Road to facilitate the development of a 4-storey retirement home excluding roof-top mechanical.
File Nos. : 520-02/21
WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, states that Zoning By-laws may be passed by the councils of local municipalities; and,
WHEREAS the Ontario Land Tribunal issued a decision on XXX, 2023, to amend the City’s existing Zoning By-law 2020, as amended, to permit a 4-storey retirement home excluding roof-top mechanical for land located at 1600 Kerns, Burlington.
THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS:
Zoning Map Number XX of PART 15 to By-law 2020, as amended, is hereby amended as shown on Schedule “A” attached to this By-law.
The lands designated on Schedule “A” attached hereto are hereby rezoned from CN2 (Neighbourhood Commercial) to CN2-526 (Neighbourhood Commercial Exception) and O2 (Open Space).
PART 14 of By-law 2020, as amended, Exceptions to Zone Classifications, is amended by adding a new Exception 526 with the following:
Exception 526
Zone CN2
Amendment 2020.461
Enacted XXX
- Additional Permitted Use:
Retirement Home with ground floor Retail, Service Commercial and all Office Uses
- Regulations for a Retirement Home
a. Lot Area
0.5 ha
b. Yard abutting Four Seasons Drive
5 m
c. Yard abutting Kerns Road
4.5 m
d. Yard abutting a Residential Zone, inclusive of terraces and balconies: i. Lower Level ii. Floors 1 to 2 iii. Floor 3: iv. Floor 4: v. Mechanical Penthouse:
7.5 m
7.5 m
12 m
16 m
24 m
e. Yard Abutting O2 Zone
0 m inclusive of terraces and balconies
f. Maximum Number of Retirement Units
115 units
g. Floor Area for Retail, Service Commercial and Office
450 m²
h. Maximum Floor Area for Retirement Home
9,779 m2
i. Maximum Building Height
4-storeys up to 14m measured from fixed grade of Four Seasons Road excluding roof-top mechanical penthouse.
j. Parking: i. Retirement Home:
- Occupant/Employee
- Visitor and Maintenance ii. Retail and Service Commercial:
0.5 parking spaces per unit
Not required
4 parking spaces per 100 m² of gross floor area.
k. Above-Grade and Below-Grade Parking Structure i. Yard Abutting an O2 Zone:
0 m
ii. Yard Abutting Four Seasons Drive: iii. Yard Abutting Kerns Road: iv. Yard Abutting a Residential Zone:
2.7 m 4.5 m 12 m
l. Entrance and Exit Ramps from a street line
0 m
m. Landscape Buffer Abutting a Residential Zone i. Abutting the entrance and exit ramp to the parking structure and loading area ii. Abutting an outdoor Amenity Area
2.3 m 3 m
n. Landscape Area: i. Abutting a street: ii. Abutting an O2 Zone:
3 m, a transformer may encroach. 0 m
o. Every non-residential use shall provide a pedestrian accessible door on the building elevation facing Kerns Road or Four Seasons Drive.
p. Amenity Area
15.4 m² per unit