Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 9, 2024 CASE NO.: OLT-22-004445

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

Applicant/Appellant: Infinity Development Group Subject: Official Plan Amendment Description: To amend the Official Plan and Zoning By-law in order to permit a 11-storey apartment building plus mechanical with penthouse Reference Number: 505-03/22 Property Address: 1396 Guelph Line Municipality/UT: Burlington/Halton OLT Case No: OLT-22-004445 OLT Lead Case No: OLT-22-004445 OLT Case Name: Infinity Development Group v. Burlington (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Zoning By-law Amendment Description: To amend the Official Plan and Zoning By-law in order to permit a 11-storey apartment building plus mechanical with penthouse Reference Number: 520-04/22 Property Address: 1396 Guelph Line Municipality/UT: Burlington/Halton OLT Case No: OLT-22-004446 OLT Lead Case No: OLT-22-004445

BEFORE: C. HARDY, VICE-CHAIR Friday, the 9th day of August, 2024

THIS MATTER having last come before the Tribunal for a Case Management Conference, and the Tribunal issuing its Decision on March 13, 2024;

AND THE TRIBUNAL having been advised on August 8, 2024 that the parties have resolved the draft Procedural Order and Issues list on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on Monday, November 4, 2024 at 10:00 AM for 9 days to proceed by video as follows:

Go To Meeting: https://meet.goto.com/278736685 Access Code: 278-736-685 Audio-only telephone line: Toll Free 1 888 455 1389, or (647) 497-9391 Audio-only access code: 278-736-685

“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.

SCHEDULE “A”

ISSUE DATE: CASE NOS.: OLT-22-004445; and OLT-22-004446

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

Applicant/Appellant: Infinity Development Group Subject: Official Plan Amendment Description: To amend the Official Plan and Zoning By-law in order to permit a 11-storey apartment building plus mechanical with penthouse Reference Number: 505-03/22 Property Address: 1396 Guelph Line Municipality/UT: Burlington/Halton OLT Case No: OLT-22-004445 OLT Lead Case No: OLT-22-004445 OLT Case Name: Infinity Development Group v. Burlington (City)

PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Zoning By-law Amendment Description: To amend the Official Plan and Zoning By-law in order to permit a 11-storey apartment building plus mechanical with penthouse Reference Number: 520-04/22 Property Address: 1396 Guelph Line Municipality/UT: Burlington/Halton OLT Case No: OLT-22-004446 OLT Lead Case No: OLT-22-004445

PROCEDURAL ORDER

1. The Tribunal may vary or add to this Order at any time either on request or as it sees fit. It may amend this Order by an oral ruling or by another written Order.

Organization of the Hearing

2. A hearing respecting matters under the Planning Act is scheduled to proceed by video as follows:

Monday, November 4, 2024 at 10:00am https://meet.goto.com/278736685 Access code: 278-736-685 Audio-only line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391

3. The length of the hearing will be nine (9) days. The length of the hearing may be shortened as issues are resolved or settlement is achieved. The Tribunal will not be sitting for the hearing on November 11, 2024 (Remembrance Day).

4. The parties are listed in Attachment 1 to this Order. All parties shall attend the first day of the hearing. All parties (or their representatives) shall provide a mailing address, email address, and telephone number to the Tribunal. Any such person who retains a representative (legal counselor agent) subsequent to the case management conference must advise the other parties and the Tribunal of the representative's name, mailing address, email address and phone number.

5. The issues are set out in the Issues List attached as Attachment 2. Except for scoping or removing issues, there will be no changes to this list unless the Tribunal permits it. A party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as listed in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence-in-chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.

Requirements Before the Hearing

7. All parties (or their representatives) shall provide a mailing address, email address, and telephone number to the Tribunal. Any such person who retains a representative (legal counsel or agent) subsequent to the prehearing conference must advise the other parties and the Tribunal of the representative’s name, mailing address, email address and phone number.

8. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other parties and to the City Clerk a list of the witnesses and the order in which they will be called. This list must be delivered by August 16, 2024. For expert witnesses, a party is to include a copy of the curriculum vitae and the area of expertise in which the witness is proposed to be qualified.

9. Expert witnesses in the same field shall have a meeting on or before August 30, 2024 to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing and provide this list to all of the parties and the City Clerk on of before October 21, 2024.

10. An expert witness shall prepare an Expert Witness Statement that shall include: an acknowledgement of expert’s duty form, the area(s) of expertise, any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in item 13 below. Instead of an Expert Witness Statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

11. A participant must provide to the Tribunal, the City Clerk, and the Parties a Participant Statement by September 13, 2024.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an Expert Witness Statement; but the party calling them must file a brief outline of the expert’s evidence and his or her area of expertise, as in item 13 below.

13. On or before September 13, 2024, the parties shall provide copies of their Witness and/or Expert Witness Statements to the other parties. A paper copy of any document proposed to be entered into evidence or relied upon shall be provided at the hearing unless ordered otherwise by the presiding Member.

14. On or before September 30, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

15. On or before October 11, 2024, the parties shall provide copies of Reply Witness Statements, if any, to the other parties and the City Clerk.

16. On or before October 21, 2024, the parties shall provide copies of their visual evidence to all of the other parties. If a model is proposed to be used the Tribunal must be notified before the hearing. All parties must have a reasonable opportunity to view it before the hearing.

17. The parties shall cooperate to prepare a joint document book which shall be shared with the Tribunal case co-ordinator on of before October 28, 2024.

18. A person wishing to change written evidence, including witness statements, after witness statements and reply witness statements have been filed must make a written motion to the Tribunal in accordance with the Tribunal’s Rules 34 to 38.

19. A party who provides the written evidence of a witness to the other parties must have that witness attend the hearing to give oral evidence, unless the Tribunal and the parties are notified at least 7 days before the hearing that the written evidence is not part of their record.

20. On or before October 28, 2024, the parties shall prepare and file a hearing plan with the Tribunal at least with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

21. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10 MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.

22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rules apply to such requests.

23. A summary of the various filing dates is contained in Attachment 4.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

PARTIES

1. Infinity Development Group Turkstra Mazza Associates 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H6 Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca

Meredith Baker Tel: 905.529.3476 Email: mbaker@tmalaw.ca

2. The City of Burlington 426 Brant Street, P.O. Box 5013 Burlington, ON L7R 3Z6 Brittany Maione Tel: 905.335.7600 ext. 7984 Email: brittany.maione@burlington.ca

Hannah Ruby Tel: 905.335.7600 Email: hannah.ruby@burlington.ca

3. The Region of Halton 1151 Bronte Road Oakville, ON L6M 3L1 Kelly Yerxa Tel: 905.825.6000 ext. 7740 Email: kellyg.yerxa@halton.ca

ATTACHMENT 2

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet, but shall not preclude any other party from calling evidence on the issue.

City of Burlington

1. Do the applicant’s Official Plan Amendment and Zoning By-law Amendment applications (the “Planning Applications”) have sufficient regard for the matters of Provincial interest as outlined in s. 2 of the Planning Act, including subsections (f), (h), (n), (o), (p), (q), and (r)?

2. Are the Planning Applications consistent with the Provincial Policy Statement, 2020 (PPS) given the location and context of the subject lands, and the level of intensification proposed, and with specific consideration for the following PPS sections? a) 1.1.1 c, e, g b) 1.1.3.4 c) 1.2.1 d d) 1.2.6 – land use compatibility e) 1.4.3 (f) housing f) 1.6.7 transportation g) 1.6.8.3 transportation and infrastructure corridors h) 4.6 Implementation and interpretation i) 6.0 definitions referred to in the policies above

3. Do the Planning Applications conform to A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019, as amended, given the proposed scale of development and proposed transition of built form to adjacent areas, with specific consideration for the following policies? a) 1.2.1 guiding principles i. “Prioritize intensification and higher densities in strategic growth areas to make efficient use of land and infrastructure and support transit viability” ii. “Improve the integration of land use planning with planning and investment in infrastructure and public service facilities, including integrated service delivery through community hubs, by all levels of government” iii. “Provide for different approaches to manage growth that recognize the diversity of communities in the GGH” b) 2.2.1(2c, 3a) managing growth c) 2.2.2(3) d) 3.2.2.2f, – transportation e) 3.2.5.2 – infrastructure corridors f) 7 definitions referenced in the policies cited above

4. Do the Planning Applications conform to the Halton Region Official Plan with respect to growth management, land use compatibility, noise impacts, air quality, municipal services, transportation, waste management?

5. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard for Regional Official Plan Amendment 49, as approved by the Minister of Municipal Affairs and Housing on November 4, 2022?

6. Are the proposed Official Plan Amendment and Zoning By-law Amendment in conformity with, and do they maintain the intent of, the policies of the City’s Official Plan, including: a) Part I – 3.0 (a, b, c, h) guiding principles b) Part II – 2.7 sustainable design and compatibility, 3.0 3.2.1(a, f, g, h), 3.3.1(a, b, d, f, g), 3.3.2(a, b, c, d, h, k, l, n, r, y), 3.5.1, 3.5.2(e), 3.6.1(b, c), 3.6.2(a, c), 3.9.1(a), 3.9.2(c, d, e) transportation and travel demand management, 5.3(m) utilities, 6.0, 6.3(d), 6.4(e), 6.5 (a, b, c, g), 6.6 design. c) Part III - 2.2.1 (a, g), 2.2.2 (b, d, g), 2.5.1, 2.5.2 (a)(ii, iii, iv, v, xiii) Land use policies – urban area d) Part VII Schedules and Tables e) Part VIII – Definitions (definitions included in the aforementioned policies)

7. Do the proposed Official Plan Amendment and Zoning By-law Amendment have appropriate regard for the City’s New Official Plan, as approved by Halton Region on November 30, 2020 and currently under appeal, including: a) Chapter 2 – 2.2.2, 2.2.3, 2.2.4, 2.3.7, 2.4; b) Chapter 4 –4.6 land use compatibility, c) Chapter 6 – 6.1 general, 6.2 transportation, 6.3 utilities; d) Chapter 7 – 7.1.1(c, e, f, g, h, l, m) general, 7.1.2, 7.2 (a(ii, iii, iv, viii)) public realm e) Chapter 8 – 8.6; f) Chapter 12 – 12.1.1(3) i), 12.1.2(2 to 2.2), g) Chapter 13 – Definitions (definitions included in the aforementioned policies) h) Chapter 14 – Schedules i) Appendices

8. Does the Proposed Development represent appropriate level of density and intensification for the subject lands?

9. Does the proposed development provide for appropriate streetscapes along Guelph Line with an appropriate scale and built form and adequate setbacks?

10. Does the proposed development represent good land use planning?

11. Does the design and location of the proposed site access allow for safe ingress and egress to and from the site, and prioritize the safety of pedestrians, cyclists, and transit users? Have alternative site access locations, such as access through neighbouring properties, been adequately assessed and considered?

12. Does the proposed development provide adequate parking supply? Is there sufficient justification for the proposed reduced parking rates?

13. Does the proposed development provide sufficient and appropriately sized vehicle parking (including accessible parking) and bicycle parking spaces?

14. Does the proposed development provide for adequate, functional circulation/movement and connectivity of vehicles and pedestrians throughout the site?

15. Does the proposed development provide adequate space and appropriate siting to allow for compliance with the City’s site plan design guidelines including with respect to matters such as: a) site circulation; b) functional movement of vehicles; c) underground parking garage design; d) appropriate ramp slopes; e) visibility; f) dimensions and location of parking spaces (including accessible parking); g) drive aisle widths; h) structural column spacing.

16. Does the information provided in the Transportation Addendum Letter (dated November 27, 2023) correspond with the final drawing set prepared by Chamberlain?

Region of Halton

1. Do the amendments conform with the Regional Official Plan, 2009 (as amended), including Urban Area and the Regional Urban Structure and Transportation?

2. Is the proposed increase in density on the subject lands appropriate, considering the Transportation issues and Transportation policies (Section 171, 172 and 173) in the Regional Official Plan, 2009 (as amended by ROPA 48)?

3. What regard, if any, is to be had to the policies of Regional Official Plan Amendment No. 49?

4. Is the proposed restricted right-in/right-out access and recommendation for U-turns access appropriate?

5. Has there been sufficient information and detailed analysis prepared in the transportation reports provided by the applicant to fully and accurately assess the development impacts and proposed mitigation measures as, among other things:

   1. a. A Functional Operation and Safety Analysis Report by a Professional Transportation Safety Consultant regarding the proposed U-turns as a daily solution for access management for the proposed development, including the required weaving maneuvers for existing site traffic wanting to proceed northbound on Guelph Line, specifically during the a.m. and p.m. peak hours;
   2. Accurate and detailed analysis of all of the locations potential U-turns will occur by site traffic along this section of Guelph Line, other than at the two intersections identified in the Study;
   3. The impacts to all intersections, area businesses and other road users (pedestrians, cyclists, auto and transit) with the introduction of U-turns to the area road network as a daily solution for access management.

6. Is the proposed built form being considered through the Amendments appropriately designed to permit waste collection in accordance with Section 148 of the Region of Halton’s Official Plan, 2009 (as amended), and the Region’s Development Design Guidelines for Source Separation of Solid Waste? If approved, what are the appropriate zoning provisions that address and protect the safe and efficient collection of solid waste?

7. Does the proposed development represent good land use planning in matters related to Regional Transportation?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Infinity Development Group
2. The City of Burlington
3. Region of Halton
4. Infinity Development Group in reply

ATTACHMENT 4

Summary of Filing Dates

EVENT	DATE
List of Witnesses	August 16, 2024
Expert Witness Meetings	August 30, 2024
Witness and Expert Witness Statements	September 13, 2024
Participant Statement	September 13, 2024
Reply Witness Statement	October 11, 2024
Agreed Statement of Facts & Remaining Issues	October 21, 2024
Visual Evidence	October 21, 2024
Joint Document Book	October 28, 2024
Hearing Plan	October 28, 2024
OLT Hearing Commences	November 4, 2024