Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 29 2024 CASE NO.: OLT-23-000070 OLT-23-000071
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1989 Appleby Latch Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the construction of two 20-storey high rise residential condominium buildings connected by a 6-storey podium with at grade retail Reference Number: 505-05/22 Property Address: 1989 Appleby Line Municipality/UT: Burlington/Halton OLT Case No.: OLT-23-000070 OLT Lead Case No.: OLT-23-000070 OLT Case Name: 1989 Appleby Latch Limited 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: 1989 Appleby Latch Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the construction of two 20-storey high rise residential condominium buildings connected by a 6-storey podium with at grade retail Reference Number: 520-06/22 Property Address: 1989 Appleby Line Municipality/UT: Burlington/Halton OLT Case No.: OLT-23-000071 OLT Lead Case No.: OLT-23-000070
BEFORE: T.F. NG MEMBER Monday, the 29th day of January, 2024
THIS MATTER having initially come for a settlement hearing before the Ontario Land Tribunal (the “Tribunal”) on September 12, 2023, and the Tribunal having issued its Oral Decision on September 12, 2023, allowing, in part, the Appellant’s appeals of the request to amend the City of Burlington Official Plan and the application to amend the City of Burlington Zoning By-law 2020 but withholding the Final Order subject to the Tribunal receiving the Official Plan and Zoning By-law Amendments submitted in a final form, confirmed to be satisfactory to the City Solicitor;
AND THE TRIBUNAL having been advised by the Parties on January 26, 2024, that the above noted condition has been satisfied and the final form of the Official Plan and Zoning By-law Amendments being submitted to the Tribunal and that the City and the Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order;
AND THE TRIBUNAL BEING SATISFIED that the prior condition to the Oral Decision previously imposed by the Tribunal, upon the consent of the parties, has been satisfied and that it is accordingly appropriate that the Tribunal issue its Final Order amending the City’s Official Plan and the identified Zoning By-law through the revised instruments now submitted for final approval upon the joint request of the City and the Appellant;
NOW THEREFORE THE TRIBUNAL ORDERS in accordance with the Oral Decision, that;
- The City of Burlington Official Plan is amended in accordance with the Official Plan Amendment attached hereto as Attachment “A”; and
- The City of Burlington Zoning By-law 2020 is amended in accordance with the Zoning By-law Amendment attached hereto as Attachment “B”.
THE TRIBUNAL authorizes the municipal clerk to format, as may be necessary, and assign a number to these bylaws for record keeping purposes.
THE TRIBUNAL ORDERS THAT, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, notwithstanding the eventual date of the formal issuance of this Order, it shall be, and was, effective as of 16th of January, 2024 which is the date that the Tribunal received, considered, and determined the request for the Final Order in this proceeding.
“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 A
AMENDMENT NO. XXX 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. XXX to the Burlington Official Plan.
PART A – PREAMBLE
1. PURPOSE OF THIS AMENDMENT
The purpose of this Amendment is to introduce site specific policies to permit a maximum building height of 78 metres, a maximum floor area ratio of 6.2:1 on the lands located at 1989 Appleby Line. This Amendment facilitates the development in the Uptown Mixed-Use Centre of a tall building consisting of a 22-storey and a 17-storey tower connected by a 6-storey podium, and containing 462 residential dwelling units and at-grade commercial space.
2. SITE AND LOCATION
The Subject Lands are municipally addressed as 1989 Appleby Line. The Subject Lands have a combined total area of 0.56 hectares.
3. BASIS FOR THE AMENDMENT
a) The proposed Amendment and the resulting intensification of the subject lands are consistent with the Provincial Policy Statement (PPS) and conform to the Growth Plan for the Greater Golden Horseshoe (Growth Plan).
b) The proposal conforms to the Halton Region Official Plan and complies with the intensification criteria of the Official Plan for the Burlington Urban Planning Area;
c) The proposal is located within an area identified for intensification and will optimize the development potential of the Subject Lands.
d) The proposal can be adequately serviced, utilizing existing infrastructure, and does not create any unacceptable impacts to the existing site and surrounding area;
e) The proposal is well-served by existing community infrastructure including public transit, parks, schools, and recreation facilities;
f) The proposal will support existing transit services as well as the planned frequent transit proposed along Appleby Line.
g) The proposal enhances the pedestrian environment along Appleby Line;
h) The proposed development achieves compatibility with the existing neighbourhood through a number of design measures and meets the urban design policies and guidelines in the City of Burlington Official Plan, the Tall Building Guidelines, the Sustainable Development Guidelines and the Uptown Mixed Use Centre Urban Design guidelines.
PART B – THE AMENDMENT
1. DETAILS OF THE AMENDMENT
Map Change: None Proposed
Text Change:
The text of the Official Plan of the Burlington Planning Area, as amended, is hereby amended as follows:
By adding the following site-specific policies i) and j) to Part III, Section 5.6 Uptown Mixed Use Centre, Subsection 5.6.4, Uptown Commercial/Residential I, as follows:
“i) Notwithstanding Part III, Subsection 5.6.4 g), within the Uptown Commercial/Residential I designation located at 1989 Appleby Line, a mixed-use residential building with ground-level commercial uses, a maximum floor area ratio of 6.2:1, maximum 462 residential units, and a maximum building height of 78 m (including mechanical penthouses), shall be permitted.
j) Notwithstanding Part III, Subsection 5.6.15 b), surface parking for a mixed-use development with ground-floor retail or service commercial uses will be permitted within the portion of 1989 Appleby Line that forms part of the gas pipeline right-of-way.
2. INTERPRETATION
The 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
The Official Plan Amendment will be implemented in accordance with the “Implementation” policies of Part VI of the Official Plan of the Burlington Planning Area.
ATTACHMENT B
BY-LAW NUMBER 2020.XXX AND EXPLANATORY NOTE
THE CORPORATION OF THE CITY OF BURLINGTON
BY-LAW NUMBER 2020.XXX
A By-law to amend By-law 2020, as amended; 1989 Appleby Line
File No.: 520-06/22
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 Council of the Corporation of the City of Burlington approved Recommendation PL-XX-XX on DATE, to amend the City’s existing Zoning By-law 2020, as amended, to permit the development of a tall building consisting of a 22-storey tower and a 17-storey tower connected by a 6-storey podium, and containing 462 residential units and 630m2 of ground-level commercial floor area.
THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS:
- PART 14 of By-law 2020, as amended, Exceptions to Zone Classifications, is amended by deleting Exception 274 and replacing it with the following Exception 274:
Exception: 274 Zone: UCR1-XXX Map: 28 Amendment: 2020.XXX Enacted:
1. Regulations for an Apartment Building
a) Notwithstanding footnote (g) of table 7.2.1, there is no maximum percentage of ground floor area that can be dedicated to facilities ancillary to a residential use.
b) Notwithstanding Part 7, Section 4.1, Table 7.4.1, maximum Front Yard and Street Side Yards are not required.
c) Non-residential floor area for retail and/or service commercial uses: 630 m2 i) A retail or service commercial unit within the elevation facing Appleby Line shall provide a pedestrian accessible door on the building elevation facing Appleby Line ii) Within a retail or service commercial unit, back-of-house areas shall not be permitted abutting any external building wall that faces Appleby Line and/or the Ontario Hydro corridor.
d) Front Yard (Appleby Line): i) Ground Floor: 2 m ii) Floor 2 - 7: 0.3 m to building; 0 m to balcony/rooftop terraces iii) Floors 8 - 22 (west tower): 0.3 m to building, balcony and/or rooftop terraces
e) North Side Yard: i) Ground Floor: 20.7 m ii) Floor 2 - 7: 19 m to building and balcony iii) Floors 8 - 22 (west tower): 21 m to building; 19.5 m to balcony iv) Floor 8 – 17(east tower): 21 m to building; 19.5 m to balcony v) Floor 18 (east tower): 19.5 m
f) South Side Yard: i) Ground Floor: 15 m; 2.7 m for the bicycle storage room ii) Floor 2: 12.5 m to the building; 3 m to rooftop terrace iii) Floors 3 - 6: 12.5 m iv) Floors 7 – 17 (east tower): 12.5 m to building; 10.7 m to balcony v) Floors 18 - 22 (west tower): 12.5 m to building; 10.7 m to balcony
g) Rear Yard: i) Ground Floor: 16.5 m; 2.7 m for the bicycle storage room ii) Floor 2: 11 m to building; 7.5 m to balcony/rooftop terrace iii) Floors 3 - 7: 11 m to building; 9.5 m to balcony/terrace iv) Floor 8 – 17(east tower): 12 m to building and balcony
h) Abutting a Pipeline Easement: i) Ground Floor: 2.1 m ii) Floor 2 - 7: 0.7 m iii) Floors 8-22 (west tower): 3 m to building; 1 m to balcony iv) Floor 8 – 17(east tower): 3 m to building; 1 m to balcony
i) Below Grade Parking Structures i) Abutting Appleby Line: 0.8 m ii) Abutting a pipeline easement: 0 m iii) Rear yard: 2.7 m iv) South side yard: 2.7 m
j) Maximum Building Height: i) West Tower: 78 m, including rooftop mechanical level ii) East Tower: 63 m, including rooftop mechanical level
k) Parking lot setback from a street line: 1.2 m or 0.5 m where a decorative wall or fence, 1.2 m high, screens the parking lot from the street
l) Landscape Area: i) Abutting a ‘S’ Zone: 0.6 m ii) Abutting Appleby Line adjacent to a parking lot: 1.2 m or 0.5 m where a decorative wall or fence, 1.2 m high, screens the parking lot from the street iii) Abutting a UCR1 zone: 2.7 m
m) Maximum Density: 818 units/ha
n) Maximum Floor Area Ratio: 6.2:1
o) Amenity Area: 10.5 m2/unit
p) Parking for Apartment Dwelling Units: i) 0.99 occupant spaces per unit ii) 0.12 shared visitor and commercial spaces per unit iii) Shared parking: Where a development is comprised of a mix of residential and non-residential uses, non-residential parking located on the same property as the residential use may be counted toward required visitor parking for the residential use. iv) A maximum 17 occupant parking spaces can be provided in compact vehicle parking space v) Notwithstanding Part 1, Section 2.26(1)(a), a compact parking space shall have the following dimensions: a. width of 2.75 m; b. area of 14.3 m2
q) Bicycle Parking: i) Long-Term: 272 spaces ii) Short-Term: 48 spaces iii) All short-term bicycle parking spaces shall be provided at grade iv) Long-term bicycle parking spaces are bicycle parking spaces for use by the occupants, employees or tenants of a building, and must be located in a building. Required long term bicycle parking spaces in apartment buildings may not be in a dwelling unit, on a balcony, or in a storage locker. v) Short-term bicycle parking spaces are bicycle parking spaces for use by visitors to a building.
r) Bicycle Parking space size: i) Vertical space: 0.6 m x 1.2 m ii) Horizontal space: 0.6 m x 1.8 m iii) Stackable space: 0.45 m wide x 1.8 m long x 1.2 m tall
Except as amended herein, all other provisions of the By-law and the UCR1 zone shall apply.
When no notice of appeal is filed pursuant to the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, this By-law shall be deemed to have come into force on the day it was passed.
If one or more appeals are filed pursuant to the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, this By-law does not come into force until all appeals have been finally disposed of, and except for such parts as are repealed or amended in accordance with an order of the Local Planning Appeals Tribunal this By-law shall be deemed to have come into force on the day it was passed.
ENACTED AND PASSED this day of , 2023
MAYOR
CITY CLERK
Explanation of Purpose and Effect of By-law 2020.XXX
By-law 2020.XXX amends the zoning regulations applying to 1989 Appleby Line, at the southwest corner of Appleby Line and Upper Middle Road, to permit the development of a tall building consisting of a 22-storey tower and a 17-storey tower connected by a 6-storey podium, and containing 462 residential units and 630m2 of ground-level commercial floor area.
For further information regarding By-law 2020.XXX, please the City of Burlington’s Community Planning Department at planning@burlington.ca or (905) 335-7600.