Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 05, 2025
CASE NO(S).: OLT-24-001184
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Inaria Burlington Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 28-storey mixed use building and a 6 storey parking structure
Reference Number: 505-03/24
Property Address: 2030 Caroline Street
Municipality/UT: Burlington/Halton
OLT Case No.: OLT-24-001184
OLT Lead Case No.: OLT-24-001184
OLT Case Name: Inaria Burlington 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: Inaria Burlington Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 28-storey mixed use building and a 6 storey parking structure
Reference Number: 520-08/24
Property Address: 2030 Caroline Street
Municipality/UT: Burlington/Halton
OLT Case No.: OLT-24-001185
OLT Lead Case No.: OLT-24-001184
OLT Case Name: Inaria Burlington Inc. v. Burlington (City)
Heard: February 26, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Inaria Burlington Inc.
Andrew Jeanrie
City of Burlington
Isaac Tang Hannah Ruby Brett Davis
Halton Region Conservation Authority
Konstantine Stavrakos
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON February 26, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision arises from the first Case Management Conference (“CMC”) pertaining to the appeals filed by Inaria Burlington Inc. (“Appellant”). The Appellant seeks to develop a 28-storey mixed use building and a six-storey parking structure (“Proposed Development”) on the lands municipally known as 2030 Caroline Street (“Subject Property”) in the City of Burlington (“City”).
2To facilitate the Proposed Development, the Appellant applied for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) (together the “Amendments”).
3City Council refused the Amendments stating that the:
Proposed Development is within a natural hazard and lacks safe access; the proposed intensity of the Subject Property exceeds what is considered appropriate in the context of the downtown; the proposal provides an insufficient mix of uses; the proposal does not provide adequate parking; the proposal does not appropriately assess the impact on the existing street network; and does not appropriately mitigate negative impacts of shadowing or wind.
4The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Robert Wayne Gordon Blunt as Exhibit 1. There were no issues with the Service of Notice of the CMC, and as such no further notice is required.
STATUS REQUESTS
5A Party Status Request was received by the Halton Region Conservation Authority (“HRCA”) and a Participant Status Request was received by Dennis Jewitt who is a neighbouring property owner.
6Mr. Stavrakos, Counsel for HRCA explained that the Subject Property is within the flood plain hazard area associated with the Lower Rambo Creek and provided comment to the City on September 20, 2024.
7Mr. Jewitt, who was unable to attend the CMC, outlined in his written submission his concerns relating to the Proposed Development, ranging from executed agreements between the Subject Property and the City, shadow impacts, traffic, and the flood plain.
8The Appellant and City did not object to either request.
9The Tribunal finds that HRCA and Dennis Jewitt have direct interests in the appeals and granted their requests.
NEXT STEPS
10The Parties requested that a second CMC be scheduled in September of 2025 to allow ample time for the Parties to have productive discussions to move the appeals forward. Additionally, there is a phase two environmental assessment of the Lower Rambo Creek is currently underway and the outcome of the assessment will assist in formulating the issues list (“IL”).
11The Tribunal directed the Parties to produce and submit the Draft Procedural Order and IL on September 5, 2025, one week prior to the second CMC.
12The second CMC was therefore scheduled for Friday, September 12, 2025, at 10 a.m. by Video Hearing.
13Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
14Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting, or a web application is available: https://app.gotomeeting.com/home.html
15Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling into an audio-only telephone line: (Toll Free) 1 (888) 299-1889 or 1 (647) 497-9373. The access code is as indicated above.
16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
17THE TRIBUNAL ORDERS as follows:
a. Halton Region Conservation Authority is granted Party Status;
b. Dennis Jewitt is granted Participant Status;
c. The Draft Procedural Order and Issues List is to be submitted to the Case Coordinator on or before September 5, 2025;
d. That a second Case Management Conference is Scheduled for Friday, September 12, 2025, at 10 a.m. by Video Hearing as set out above; and
e. The member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Kurtis Smith”
Kurtis Smith
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.