Ontario Land Tribunal

655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll Free: 1-866-448-2248 Website: olt.gov.on.ca

October 23, 2024 Tribunal ontarien de l’aménagement du territoire

655 rue Bay, suite 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web: olt.gov.on.ca

TO: All recipients of the Ontario Land Tribunal Decision and Order issued on October 02, 2024

RE: OLT CASE NO.: OLT-24-000415, DECISION ISSUED OCTOBER 02, 2024

On October 02, 2024, the Ontario Land Tribunal issued its Decision and Order (“Decision”) on the above noted case.

Rule 24.4 of the Ontario Land Tribunal’s Rules of Practice and Procedure (“Rule”) states that the Tribunal may at any time correct a technical or typographical error made in a decision or order.

An incorrect version of the City of Burlington’s Zoning By-Law Amendment No. 2020 was included in Attachment 2 to the Decision. This attachment does not include number two and number three of the Exceptions to Zone Classifications that refers to the regulations applying to an apartment building in Phase 1 and Phase 2.

The Tribunal has corrected the Decision under the authority of this Rule to include the correct version of the City of Burlington’s Zoning By-Law Amendment No. 2020, in its entirety, appended as Attachment 2 to the Decision, to include number two and number three of the Exceptions to Zone Classifications.

A corrected version of the Decision issued on October 02, 2024, is enclosed with this communication. This enclosed Decision replaces the Decision and Order issued on October 02, 2024.

Thank you.

“Euken Lui”

EUKEN LUI

REGISTRAR

Encl.

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 2, 2024 CASE NO(S).: OLT-23-000415

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

Applicant and Appellant: Camarro Developments Inc.

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

Description: To permit the construction of two residential towers of 30 and 32 storeys with a shared podium of 6 storeys and ground floor retail/commercial space

Reference Number: 505-08/22

Property Address: 1062-1074 Cooke Boulevard

Municipality/UT: Burlington/Halton

OLT Case No.: OLT-23-000415

OLT Lead Case No.: OLT-23-000415

OLT Case Name: Camarro 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: Camarro Developments Inc.

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

Description: To permit the construction of two residential towers of 30 and 32 storeys with a shared podium of 6 storeys and ground floor retail/commercial space

Reference Number: 520-09/22

Property Address: 1062-1074 Cooke Boulevard

Municipality/UT: Burlington/Halton

OLT Case No.: OLT-23-000416

OLT Lead Case No.: OLT-23-000415

Heard: March 25, 2024, in writing

APPEARANCES:

Parties	Counsel
Aldershot Village Business Improvement Area	Andrea Dodd
City of Burlington	Andrea Pebbles
Camaro Developments Inc.	Denise Baker
Regional Municipality of Halton	Kelly Yerxa
Canadian National Railway Company	Max Reed Kataryzna Silwa

MEMORANDUM OF DECISION DELIVERED BY C. TUCCI ON MARCH 25, 2024

AND ORDER OF THE TRIBUNAL

1The matter before the Tribunal was with respect to the Appeals of the non-decision of the City of Burlington (the “City”) regarding Applications to amend the Official Plan and Zoning By-law.

2Camarro Development Inc. filed an Application for an Official Plan Amendment and a Zoning By-law Amendment (the "OPA and ZBLA Applications") with the City of Burlington (the "City") in order to facilitate the redevelopment of the property with two residential towers with heights of 30-storeys to the south and 32-storeys at the north connected via a shared podium with a height of six-storeys fronting Cooke Boulevard and three-storeys to the rear to be constructed in two phases.

3The development includes a total of 809 residential units and 581 square metres of retail/commercial space on the ground floor.

4The Tribunal heard that the Parties confirmed that a settlement had been reached and was presented for the consideration of the Tribunal in writing.

EVIDENCE AND SUMMARY OPINION

5The Tribunal was presented with the witness statement of Ms. Melinda Macrory a Registered Professional Planner and an Associate with MacNaughton Hermsen Britton & Clarkson Planning, Urban Design and Landscape Architecture, in support of the settlement.

6Ms. Macrory provided the following details for the settlement proposal:

Summary of changes from the original to revised proposal

	Initial Application	Settlement Proposal
Site Area	6,963 sqm	6,963 sqm
Park Area	N/A	730 sqm
Net Site Area	N/A	6,233 sqm
Height	30 Storeys (104.7m) 32 Storeys (110.8 m)	30 Storeys (107M) 34 Storeys (119m) Exclusive of rooftop mechanical and amenity space
Total Units	809	864
Total GFA	41,743 sqm	57,750 sqm
Total Non Residential GFA	581 sqm	2,000 sqm
Amenity Area	17.2 sqm/unit	13.8 sqm/unit
Total parking	641 spaces	683 spaces
Residential Parking	523 spaces	597 spaces
Shared Visitor/ Retail Parking	118 spaces	86 spaces
Combined Parking Ratio	0.79 spaces/unit	0.79 spaces/unit
Total Bicycle Parking Spaces	454 spaces	480 spaces
Short Term Bicycle Parking Spaces	414 spaces	432 spaces
Long Term Bicycle Parking Spaces	40 spaces	48 spaces
FAR	9.51:1	9.3:1
Density	1,162 units per hectare	1,387 units per hectare

7Ms. Macrory opined that the settlement proposal:

1. has regard for matters of provincial interest under the Act,
2. is consistent with the Provincial Policy Statement 2020 (“PPS”);
3. does not conflict to Growth Plan for the Greater Golden Horseshoe 2020
4. is in conformity with the Region of Halton Official Plan;
5. is in conformity with the City of Burlington Official Plan;
6. meets the City’s Tall Building Guidelines; and,
7. is appropriate for the Subject Lands, represents good planning, and is in the public interest.

FINDINGS

8On the strength of the uncontradicted expert opinion evidence of Ms. Macrory and upon a review of the applicable provisions of the Act, the PPS, the Growth Plan and the City of Burlington OP, the Tribunal is satisfied that the proposed OPA and ZBLA represent an efficient use of land, resources, infrastructure and address compatibility, transition, design and built form.

9The revised proposed modifications ensure that the redevelopment of the site continues to fit appropriately in context and addresses the City’s various growth and housing priorities.

10Tribunal is of the view that the settlement reached by the Parties is fair and reasonable, and that the resulting OPA and ZBLA represent good planning in the public interest. The Tribunal commends the Parties in working collaboratively and engaging in productive discussions in order to reach a settlement in these proceedings.

ORDER

11THE TRIBUNAL ORDERS:

1. The Appeals filed by Camarro Development Inc. are hereby allowed in part;
2. The Appeal is allowed and the Official Plan for the City Of Burlington is amended as set out in Attachment 1 to this Order; and
3. The Appeal against Zoning By-law No. 2020 of the City of Burlington is allowed in part and the Tribunal directs the Municipality to amend Zoning By-law No. 2020 as set out in Attachment 2 to this Order.

“Carmine Tucci”

CARMINE TUCCI

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

AMENDMENT NO. 144 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. 144 to the Official Plan of the Burlington Planning Area, as amended.

PART A – PREAMBLE

1. PURPOSE OF THIS AMENDMENT

The purpose of this Amendment is to change the land use designation on Subject Lands from Mixed Use Corridor - Employment to Mixed Use Corridor – General. The Amendment facilitates a mixed-use development consisting of two development blocks with shared underground parking. The northern block, phase 1, is a 34 storey tower with an 8 storey podium and the southern block, phase 2, is a 30 storey tower with an 8 storey podium. A private drive aisle is proposed in between the two blocks to provide site access to underground parking and terminates in a cul-de-sac. There is a 729.56 square metre park in the southwest corner of the site as well as two courtyards, one fronting Cooke Boulevard and one fronting the City’s future east-west active transportation corridor to the south of the site. The proposal includes a total of 864 units with a gross floor area of 57,791 square metres, inclusive of 2,000 square metres for non-residential uses fronting Cooke Boulevard. The total FAR is 9.3.

2. SITE AND LOCATION

The Subject Lands are located on the southwest corner of the intersection of Cooke Boulevard and Masonry Court. The Subject Lands consist of two separate parcels, 1062 Cooke Boulevard and 1074 Cooke Boulevard and have a total area of approximately 0.6963 hectares.

3. BASIS FOR THE AMENDMENT

a) The application proposes intensification that is consistent with the Provincial Policy Statement (PPS). The PPS promotes densities for new housing which efficiently uses land, resources, infrastructure and public service facilities, and supports the use of public transit.

b) The application supports the achievement of complete communities through the provision of a mix of uses within a compact built form, and by directing intensification to areas in proximity to transit, within the delineated built-up area, assists the City in achieving its intensification targets and housing supply targets and meet the intent of the Provincial "A Place to Grow" Growth Plan and the Region of Halton Official Plan.

c) Is identified within the delineated boundary of the Aldershot GO Major Transit Station Area as shown on Map 1H, Regional Urban Structure, of the Halton Region Official Plan, through ROPA 48;

d) Responds to the intent of the Tall Building Guidelines by providing for a human-scaled, street-related building form with appropriate transitions to nearby built forms and slender tower forms with adequate separation distances that contribute to a visually interesting skyline;

e) Responds appropriately to the direction of the City’s Major Transit Station Area Area-Specific Planning Project for the Aldershot GO MTSA, which contemplates buildings of up to 34 storeys on the subject site;

f) Provides for an appropriate parking ratio that ensures that parking demand generated by the building can generally be accommodated on-site while recognizing the transit-accessibility of the subject site and promoting non-automobile-based modes of travel;

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

h) The proposal is compatible with the surrounding area and there are no adverse impacts from the development;

i) The proposal enhances the pedestrian environment along Cooke Boulevard and Masonry Court; and,

PART B – THE AMENDMENT

1. DETAILS OF THE AMENDMENT

Map Change:

The mapping of the Official Plan for the Burlington Planning Area is amended by changing the designation on the Subject Lands from Mixed Use Corridor - Employment to Mixed Use Corridor - General as shown on the attached Schedule 1.

Text Change:

The text of the Official Plan of the Burlington Planning Area, as amended, is hereby amended as follow:

By adding the following site-specific policy y) at the end of Part III, Land Use Policies – Urban Planning Area, Section 5.3 Mixed Use Corridors, Subsection 5.3.2, General Policies, as follows:

1062 and 1074 Cooke Boulevard

Notwithstanding the policies of Part III, Subsection 5.3.2 d) i), ii) of this Plan, for the lands described as 1062 and 1074 Cooke Boulevard, mixed-use buildings containing residential units with a maximum floor area ratio of 9.3:1 and a maximum building height of 30 and 34-storeys (plus mechanical penthouse and rooftop amenity) shall be permitted. The lands described as 1062 and 1074 Cooke Boulevard are classified as a Class 4 area as defined by the Ontario Ministry of Environment, Conservation, and Parks NPC-300 Environmental Noise Guidelines.

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 2

THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 2020.XXX

A By-law to amend By-law 2020, as amended; for 1062 & 1074 Cooke Boulevard,

File No.:505-08/22 and 520-09/22

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 Ontario Land Tribunal issued a decision on XXX, 2024, to amend the City’s existing Zoning By-law 2020, as amended, to permit a mixed-use development consisting of the following:

i) On the lands identified as 1062 & 1074 Cooke Boulevard, two development blocks with shared underground parking. The northern block, Phase 1 (1074 Cooke Blvd.), is a 34 storey tower with an 8 storey podium and the southern block, Phase 2 (1062 Cooke Blvd.), is a 30 storey tower with an 8 storey podium.

THE ONTARIO LAND TRIBUNAL AMENDS ZONING BY-LAW 2020 AS FOLLOWS:

1. Zoning Map Number 539 of PART 15 to By-law 2020, as amended, is hereby amended as shown on Schedule “A” attached to this By-law.

2. The lands identified on Schedule “A” attached hereto are hereby rezoned from “Mixed Use Employment (MXE)” to “Mixed Use General Site Specific 539 (H-MXG-539)”.

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:

#XX	H-MXG-539	Map 3E	Resolution: XXXX

The Holding symbol shall be removed from the zone designation by way of an amending zoning by-law when the following is completed to the satisfaction of the Region of Halton:

a) The Owner executes a Regional Servicing Agreement for the replacement of the Cooke Boulevard sanitary sewer to address downstream sanitary sewer capacity.

4. PART 14 of By-law 2020, as amended, Exceptions to Zone Classifications, is amended with the following:

Exception 539	Zone H-MXG	Map 3E	Amendment 2020.XXX	Enacted XXX

1. Regulations applying to the entire site:

a) Contiguous Lot:

For the purposes of applying zoning regulations the property zoned MXG-539 shall be considered one lot.

b) Maximum Number of Residential Units:

864

c) Non-residential floor area:

2000 m²

d) Maximum Floor Area Ratio:

9.3:1

e) Required Parking:

i) Occupant: 0.69 occupant spaces/dwelling unit ii) Shared visitor and retail: 0.1 shared visitors and retail parking spaces/dwelling unit iii) Total: 0.79 total spaces/dwelling unit

f) A maximum of 5% of required parking may be compact car parking spaces and have a minimum width of 2.6 m and a minimum area of 14.5 m²

g) Notwithstanding Part 5, Section 4.6(b), (c) and (d) where a development is comprised of residential and non-residential uses, up to 100% of the required visitor parking located on the development site shall be shared and counted towards the required non-residential parking.

h) Amenity Area:

13.8 m² per dwelling unit

i) Set backs for a below-grade parking structure:

i) Abutting Cooke Boulevard: 0 m ii) Abutting Masonry Court: 2 m iii) Side property line (west lot line): 0 m iv) Rear property line (south lot line): 3 m

j) Landscape Area:

i) Abutting Cooke Boulevard: 3.0 m ii) Abutting Masonry Court: 2.0 m

k) Permitted encroachments into a Landscape Area:

Hydro transformer and pad, underground parking garage, exhaust and intake vents associated with a parking garage, driveways, walkways, covered and/or open staircase access, bicycle parking, gas meters including concrete pads, snow storage, patios/decks, privacy screens and fences

2. Regulations applying to an Apartment Building in Phase 1:

a) Maximum Building Height

35 storeys (inclusive of rooftop amenity, mechanical structures, and Accessory Structures) and 119 m

b) Dwelling Units:

Prohibited on the 35^th storey.

c) Maximum Podium Height:

8 storeys

d) Yard abutting Masonry Court

i) Floors 1-8: 3 m ii) Floors 9-34: 6 m iii) Floor 35: 6 m

e) Yard abutting Cooke Boulevard:

i) Floors 1-8: 4.5 m ii) Floors 9-34: 21.8 m iii) Floor 35: 21.8 m

f) Side Yard (west lot line)

i) Floors 1-8: 4.5 m ii) Floors 9-34: 12.5 m iii) Floor 35: 12.5 m

3. Regulations applying to an Apartment Building in Phase 2:

a) Maximum Building Height:

31 storeys (inclusive of rooftop amenity, mechanical structures, and Accessory Structures) and 107 m

b) Maximum Podium Height:

8 storeys

c) Dwelling Units:

Prohibited on the 31^st storey

d) Yard abutting Cooke Boulevard:

i) Floors 1-8: 4.5 m ii) Floors 9-30: 7.5 m iii) Floor 31: 7.5 m

e) Side Yard (west lot line)

i) Floors 1-8: 5 m ii) Floors 9-30: 9.2 m iii) Floor 31: 9.2 m

f) Rear Yard (south lot line)

i) Floors 1-8: 5 m ii) Floors 9-30: 23 m iii) Floor 31: 23 m

Except as amended herein, all other provisions of this By-law, as amended, shall apply.

ENACTED AND PASSED this ……..day of 2024.