Interim Control Bylaw (ICBL)

Individuals who wish to speak to City Council at the statutory public meeting are not required to register in advance in order to speak. However, if you wish to arrange in advance to speak at the statutory public meeting, please register online at www.burlington.ca/delegation or contact Jo-Anne Rudy, Committee Clerk by phone at 905-335-7600, ext. 7413 or Jo-Anne.Rudy@burlington.ca.

Speakers are limited to a maximum of 10 minutes each and are webcasted online.

Speakers with presentation materials must submit them to Ms. Rudy by noon on Jan. 13, 2020 to allow for their distribution and review by all members of the Committee.

Please note the content of all submissions is considered to be public and will be posted to the City’s website.

Individuals who wish to be notified of City Council’s decision to approve, refuse, or approve with modification the proposed OP and Zoning Bylaw amendments, or of any subsequent Local Planning Appeal Tribunal appeal of this matter, must submit a written request to the Clerk’s Department to the attention of Jo-Anne Rudy, Committee Clerk, City of Burlington, City Hall, 426 Brant St., P.O. Box 5013, Burlington, ON, L7R 3Z6.

Those who do not include their name and address with written comments about the proposed OP and Zoning Bylaw amendments or speak at the public meeting, may not be able to appeal the decision of Council to the Local Planning Appeal Tribunal or appear as a Party to any future Hearing about this issue.

Personal information is collected under the authority of the Planning Act, R.S.O. 1990, c. P. 13 and may be contained in an appendix of a staff report, published in the meeting agenda, delegation list and/or the minutes of the public meeting and made part of the public record.

The City collects this information in order to make informed decisions on the relevant issues and to notify interested parties of Council’s decisions. It may also be used to serve notice of a Local Planning Appeal Tribunal hearing. Names and addresses contained in submitted letters and other information will be available to the public, unless the individual expressly requests the City to remove their personal information. The disclosure of this information is governed by the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M. 56.

If a person or public body would otherwise have an ability to appeal the decision of the City of Burlington to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Burlington before the proposed OP amendment is adopted, and/or the Zoning Bylaw is passed, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal and is not entitled to appeal the decision.  

An interim control bylaw (ICBL) is a tool available to Ontario municipalities as part of the Planning Act. An ICBL places a temporary “freeze” on the development of certain lands while a municipality is studying or reviewing its land use policies. The restrictions can only be imposed for one year, with a maximum extension of a second year. Once an ICLB is no longer in effect, a subsequent ICBL may not be imposed on those same lands for three years.

Why was the recommendation for an ICBL introduced?

The recommendation to implement an ICBL was brought forward by City staff in response to two primary concerns:

1. Growth pressures that continue to emerge for the lands in the study area City staff are aware of multiple pending developments in the application review stage where the proposed intensities are significantly higher than those anticipated by the Official Plan. In addition, there are many other expressions of development interest and land assemblies taking place in the downtown Urban Growth Centre and in proximity to the Burlington GO station where the intensities being considered are substantially larger than what is proposed in the current Official Plan or the 2018 adopted Official Plan which is currently under review.
2. The role and function of the John Street Bus Terminal as a Major Transit Station Area (MTSA) The John Street Bus Terminal is identified as a MTSA in the Province’s 2017 Growth Plan. Its designation as a MTSA was relied upon by the Ontario Municipal Board in its decision to allow a 26-storey development at 374 Martha St, citing that as a MTSA, the terminal could support intensities well in excess of those contained in the Official Plan. The terminal’s capacity to absorb the transit impacts of significant growth plays a critical role in shaping the mix of land uses and transit development within the downtown UGC.

Why were residents and developers not asked for their feedback as part of the ICBL Land Use Study?

An ICBL does not have public notice requirements beyond a statutory meeting, as set out by the Planning Act. The ICBL Land Use Study was largely a planning policy exercise which will be discussed at the statutory public meeting to be held on Jan. 14, 2020.

Are there legal challenges allowed to the ICBL once it’s in place?

An ICBL may not be appealed when it is first passed, however the extension of the ICBL to a second year may be appealed.

When did the land-use study start?

Work to begin the land-use study was initiated in Q2 2019, following approval of the ICBL by Burlington City Council.

When were the recommendations from the Land-Use Study brought to Council for their consideration?

On Tuesday, Jan. 14, 2020, a statutory public meeting was held to provide the public with the opportunity to ask questions and provide comments on proposed Official Plan (OP) Amendments to the city's in-force-and-effect OP, and Zoning Bylaw Amendments that are being proposed as a result of the findings of the ICBL Land Use Study. 

Subsequently, a Special Council meeting was held on Thursday Jan. 30, 2020 for Council to make a decision on the revised staff recommendations outlined in the staff memo to report PL-01-20, including the approval of the proposed Official Plan Amendment 119 and Zoning Bylaw Amendment 2020.418, as a result of the ICBL Land Use Study. The materials from the Jan. 30 Special Council Meeting can be found at the Special Meeting of Council Agenda Addendum. Please also see the Special Meeting of Council Agenda.

Who has conducted the land-use study?

The Executive Director of Community Planning, Regulation and Mobility hired an independent consultant to carry out the land-use study. The project has been managed by City staff.

What was the process for the ICBL land-use study?

There were four key stages in the study, including: 

1. Review Background Material and Data Collection/Analysis

• This stage included the review of all applicable existing Provincial, Regional and Municipal policies and plans, and the analysis of available transit and transportation data and information.

 2. Asses the Role and Function of Transit Station Areas

• This stage assessed the role and function of the downtown bus terminal and the Burlington GO Station as Major Transit Station Areas (MTSAs), including assessing the existing and long-range planned transit service for the study area and the connections between the two respective MTSAs. 

3. Examination of Planning Structure, Land Use Mix and Intensity

• This stage examined and recommended any required changes to the principles, objectives and policies in the City's existing Official Plan, land use mix and intensity for the lands in the study area, based on the findings of stage 2. 

4. Reporting

• The final stage will include delivery of a final report, including proposed Official Plan and Zoning bylaw amendments, as needed. This report will be presented to City Council on Jan. 14, 2020.

Which areas of the city are impacted?

The study areas identified are in Ward 2 and includes the Downtown Urban Growth Centre and lands near the Burlington GO station. 

What percentage of land in Burlington does the study area cover?

1.07%

How does the land-use study impact the re-examination of the policies in the Official Plan?

Work to re-examine the adopted Official Plan is taking place at the same time as the ICBL study. Findings from both initiatives will inform each other.

How does this study differ from studies done in the past through work on the Official Plan or the downtown Mobility Hub?

Previous studies of the downtown have not included an examination of the role and function of the John Street bus terminal and Burlington GO as a Major Transit Station Areas (MTSA).

What is the cost for the land use study and where is the money coming from?

Funding for the Study will come from city reserve funds including the Planning Initiative Reserve Fund with final costs to be confirmed and reported to Council at a later date.

Were certain developments taken out of the ICBL study area?

No developments were removed from the study area to allow for a comprehensive planning study to be undertaken and consistent and fair application of the ICBL.

Were exemptions allowed for residential properties during the ICBL for people who want to build a deck or renovate their home?

Yes. Building of pools, decks, fences and interior alterations are permitted. These types of developments are considered  minor and/or accessory to the main use of the property. They are not considered to affect intensity or land use in the study area, so they are exempt from the ICBL.

Which developments will be impacted by the interim control bylaw?

Developments in the study areas that submitted applications for site plan approval, in accordance with the approved zoning bylaw, prior to the date the ICBL was passed (March 5, 2019) are exempt from the ICBL.

This includes development applications for:

• 490-492 Brock Ave.
• 374 Martha St
• 421 Brant St.
• 442 Pearl St.
• 471 Pearl St. (Reach Out Centre for Kids (R.OC.K.))
• 2030 Caroline St./510 Elizabeth St./2025 Maria St.
• 2092 Old Lakeshore Rd.

What about proposed developments in the study area that are low density and within the limits of what is anticipated in the Official Plan?

Low-density residential uses within the study area will be affected by the ICBL. No new construction of permanent buildings or structures will be permitted including additions will be permitted while the ICBL is in effect.

Did the city continue to accept development applications during the year-long freeze?

Yes, the City has and continues to accept complete development applications while the ICBL is in place, as required by the Planning Act.

Applications in process at the time the ICBL began, and new applications submitted have been circulated for comment to relevant departments and agencies and statutory public meetings have been held to receive public input. No planning analysis has been undertaken and recommendation reports will not be prepared until the recommendations from the ICBL Land Use Study and associated Official Plan and Zoning Bylaw amendments are approved by Burlington City Council and come into force.

Are landowners still able to file an appeal of their development applications if the City does not make a decision on their applications within the number of days required by the Planning Act, even though the Interim Control Bylaw is in place?

Yes, the Planning Act permits landowners to appeal applications for non-decision after 120 days for Official Plan Amendment applications and after 90 days for Zoning Bylaw amendment applications, regardless of whether or not an ICBL is in place.

Have any appeals been filed?

Yes.  As of Dec. 17, 2019, appeals have been filed for non-decision for applications for 1157-1171 North Shore Blvd. and 2069-2079 Lakeshore Rd./383-385 Pearl St.

Will there be an LPAT hearing related to the appeals filed?

Eventually, yes.  The LPAT will first schedule case management conferences for each appeal filed.  However, it would be premature to proceed beyond a case management conference to a full hearing of an appeal while an ICBL is in place, as development applications will be required to be reviewed against any Official Plan or Zoning Bylaw amendments resulting from the ICBL study.