Back to SearchWith respect to an Official Plan Amendment Subsection 22(6.6) of the Planning Act
Date of decision: Nov. 5, 2024
Date of notice: Nov. 7, 2024
Last date of appeal: Nov. 27, 2024
A decision was made on the date noted above to refuse a proposed amendment to the Official Plan of the City of Burlington.
Purpose and effect of the amendment
The purpose of this amendment was to permit a 28-storey mixed use building and 6-storey parking structure with green roof at 2030 Caroline St.
Reasons for decision
The reasons for Council's refusal are 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.
Public consultation on the proposed Zoning Bylaw Amendment was provided between July 2024 and November 2024. As a result of public consultation, the city received 59 public comments and three petitions with a combined number of 376 signatures through email and seven delegations at the Statutory Public meeting held on Nov. 5, 2024. Comments received were considered as part of Community Planning report PL-85-24 and Council’s decision-making process.
When and how to file an appeal
Any appeal to the Ontario Land Tribunal must be filed with the City of Burlington, c/o the City Clerk, 20 days from the date of this notice, as shown above as the last date of appeal.
The appeal should be sent to the attention of the City Clerk, at the address shown below and it must:
1) set out the specific part of the requested Official Plan Amendment to which the appeal applies;
2) set out the reasons for the appeal; and,
3) be accompanied by the fee in the amount of $1,100, payable to the Minister of Finance, Province of Ontario.
Who can file an appeal
A person or public body that requested an amendment to the official plan of City of Burlington may appeal the refusal of the requested amendment to the Ontario Land Tribunal in respect of all or any part of the requested amendment by filing a notice of appeal with the Clerk of the City of Burlington.
No person or public body shall be added as a party to the hearing of the appeal unless, before the requested official plan amendment was refused, the person or public body made oral submissions at a public meeting, if any, or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.
When the decision is final
The decision is final if a Notice of Appeal is not received on or before the last date of appeal noted above.
Getting additional information
If you require further information in respect of the Official Plan Amendment and the decision, please contact Jaclyn Schneider, Community Planning Department, City of Burlington at jaclyn.schneider@burlington.ca or Jo-Anne Rudy, Committee Clerk, Legislative Services, City of Burlington at jo-anne.rudy@burlington.ca.
Mailing address for filing a Notice of Appeal
The City Clerk
The Corporation of the City of Burlington
426 Brant St.
P.O. Box 5013
Burlington, Ontario
L7R 3Z6
Telephone: 905-335-7481
Fax: 905-335-7675
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