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Ward 6 Site Address
- Millcroft Greens - 2155 Country Club Dr.
- OLT Appeal - Learn more about the OLT appeal process...
Within 20 days of the date of the notice of Council decision, an applicant or individual may appeal Council's decision related to a development application. The Ontario Land Tribunal (OLT) hears and decides appeals and matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, and related matters.
Applicant
| Millcroft Greens |
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289-208-7543 |
Proposed Development
| Original Development Proposal – December 2020 |
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| Revised Development Proposal – April 2022 |
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The applicant has submitted a revised submission with the following changes:
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Planner on File
| Elyse Meneray |
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Community Planning 426 Brant St., Burlington, ON L7R 3Z6 905-335-7777, ext. 7462 |
File Numbers
- Official Plan Amendment: 505-07/20
- Zoning Bylaw Amendment: 520-07/20
- Plan of Subdivision: 510-02/20
Public Meetings
Pre-Application Community Meeting |
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Pre-Application Community Meeting Sept. 21, 2020, 7-9:30 p.m. (Virtual Meeting) Applicant Led Community Open House |
Statutory Public Meeting |
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Statutory Public Meeting and Recommendation Report March 2, 2021, 1 p.m. (Virtual Meeting) |
Q: Why wasn’t a decision made before the 120 days?
A: The applications that Millcroft Greens submitted are complex and have been revised since originally submitted in an attempt to respond to concerns that have been raised. As part of any application, multiple City departments in addition to Community Planning have to provide input into the applications and any revisions to those applications; this includes staff from Transportation, Engineering Services, Roads, Parks & Forestry, Legal, Transit and others.
In addition to City staff, other government agencies also review and provide feedback into applications, including the Region of Halton, Conservation Halton and consultants; they also have not completed their reviews of the Millcroft Greens applications, as revised.
Q: What happens now?
A: Once an application has been appealed to the Ontario Lands Tribunal (OLT), City Council is no longer the decision maker on the application. The application is subject to the OLT hearing process. As part of the process, the City will have to formally submit the notice of appeal and other materials to the OLT.
Once received and processed, the OLT will schedule a ‘case management conference’, where the City, appellant (Millcroft Greens) and any other person or agency with an interest in the appeal can attend to address matters such as requests for party and participant status, the issues to be considered in the appeal hearing, and the scheduling of dates for the various procedural steps in the process.
Q: When will the ‘case management conference’ occur?
A: The OLT schedules those conferences. We anticipate that the OLT ‘case management conference’ may be scheduled in the fall of this year. Residents can visit the OLT’s website for information and for requesting status to participate in the hearing.
Q: Have any reports gone to Council?
A: City Staff reported on the original development proposal to City Council in March 2021, identifying staff concerns with the proposal. Additionally, Council was advised of concerns received from members of the public, including:
- loss of greenspace and trees,
- change to neighborhood character and identity,
- impacts on wildlife habitat,
- air quality and public health,
- impacts on property values,
- impacts on stormwater management and flooding in neighbourhood as well as neighbourhoods downstream of Appleby Creek
- noise and dust impact during construction
- traffic and traffic safety impacts during and after construction
Q: How can residents get involved now?
A: Residents can visit the OLT’s website for information and for requesting status to participate in the hearing. There is also an ‘Appeal Guide’ on the OLT website, which is a useful resource for those that may not be familiar with OLT appeal process. It contains information relating to topics such as What is the OLT and how to Participate in a Hearing Event.
Q: Will City Planning staff bring a report recommending approval or refusal to Council?
A: No. Since City Council is no longer the decision maker on the application, Planning staff will not be bringing a report recommending approval or refusal of the application. However, since the matter is now in litigation, City Legal staff will be reporting to Council prior to the case management conference in the coming months.
Q: Why can’t Council members take a position now on the applications?
A: Councillors do not typically take a position on applications until a report has been presented by staff that has all the information about the application(s) and input from agencies and consultants. Now that the application has been appealed, any position taken or legal instructions given by Council are confidential and subject to privilege, meaning that individual Councillors or Council as a whole may not disclose the confidential information or decision, unless Council as whole decides to waive privilege in whole or in part.
Millcroft Greens Development FAQ
| Why wasn’t a decision made before the 120 days? |
| The applications that Millcroft Greens submitted are complex and have been revised since originally submitted in an attempt to respond to concerns that have been raised. As part of any application, multiple City departments in addition to Community Planning have to provide input into the applications and any revisions to those applications; this includes staff from Transportation, Engineering Services, Roads, Parks & Forestry, Legal, Transit and others. In addition to City staff, other government agencies also review and provide feedback into applications, including the Region of Halton, Conservation Halton and consultants; they also have not completed their reviews of the Millcroft Greens applications, as revised. |
| What happens now? |
| Once an application has been appealed to the Ontario Lands Tribunal (OLT), City Council is no longer the decision maker on the application. The application is subject to the OLT hearing process. As part of the process, the City will have to formally submit the notice of appeal and other materials to the OLT. Once received and processed, the OLT will schedule a ‘case management conference’, where the City, appellant (Millcroft Greens) and any other person or agency with an interest in the appeal can attend to address matters such as requests for party and participant status, the issues to be considered in the appeal hearing, and the scheduling of dates for the various procedural steps in the process. |
| When will the ‘case management conference’ occur? |
| The OLT schedules those conferences. We anticipate that the OLT ‘case management conference’ may be scheduled in the fall of this year. Residents can visit the OLT’s website for information and for requesting status to participate in the hearing. |
| Have any reports gone to Council? |
City Staff reported on the original development proposal to City Council in March 2021, identifying staff concerns with the proposal. Additionally, Council was advised of concerns received from members of the public, including:
|
| How can residents get involved now? |
| Residents can visit the OLT’s website for information and for requesting status to participate in the hearing. There is also an ‘Appeal Guide’ on the OLT website, which is a useful resource for those that may not be familiar with OLT appeal process. It contains information relating to topics such as What is the OLT and how to Participate in a Hearing Event. |
| Will City Planning staff bring a report recommending approval or refusal to Council? |
| No. Since City Council is no longer the decision maker on the application, Planning staff will not be bringing a report recommending approval or refusal of the application. However, since the matter is now in litigation, City Legal staff will be reporting to Council prior to the case management conference in the coming months. |
| Why can’t Council members take a position now on the applications? |
| Councillors do not typically take a position on applications until a report has been presented by staff that has all the information about the application(s) and input from agencies and consultants. Now that the application has been appealed, any position taken or legal instructions given by Council are confidential and subject to privilege, meaning that individual Councillors or Council as a whole may not disclose the confidential information or decision, unless Council as whole decides to waive privilege in whole or in part. |
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