On March 5, 2019, Burlington City Council voted in favour of a staff report recommending an interim control bylaw (ICBL). The ICBL temporarily restricts the development of lands within a study area for a period of one year, with a maximum extension of a second year.
The lands in the ICBL study area approved by City Council include the Downtown Urban Growth Centre (UGC) and lands in proximity to the Burlington GO Station.
During the one-year “freeze” on development in the study area, the City will complete a land-use study to:
Report PB-36-19 - Interim Control Bylaw (March 5, 2019)
Report PB-40-19 - Proposed exemptions to ICBL Bylaw (April 2, 2019)
What is an interim control bylaw? |
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 Once an ICLB is no longer in effect, a subsequent ICBL may not be imposed on those same lands for three years.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:
Why were residents and developers not given notice that an ICBL was coming? The City of Burlington met the notice requirements under the Planning Act for an ICBL; the Act states that no notice is required prior to the passing of a bylaw for an interim control bylaw. 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. |
ICBL Land-Use Study |
When will the land-use study start? Work to begin the land-use study was initiated immediately by Department of City Building, following approval of the ICBL by Burlington City Council. Who will conduct the land-use study? Dillon Consulting Limited has been retained to carry out the work of the ICBL Land Use Study. The study will be managed by City Building staff. What is the process for the ICBL land-use study? There are four key stages in the study, including:
2. Asses the Role and Function of Transit Station Areas
3. Examination of Planning Structure, Land Use Mix and Intensity
4. Reporting
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 will take place at the same time as the ICBL study. Findings from both initiatives may 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 if the land-use study is completed in less than one year? |
ICBL Costs |
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 late date. What City revenue will be lost during the time the ICBL is in place? The City could see reduced planning development fees and revenues, reduced building permit and construction activity with reduced associated fees and revenues, reduced parkland dedication fees, and reduced development charges collected. |
ICBL Exemptions |
Can certain developments be taken out of the ICBL study area? Removing developments in the study area is not recommended to allow for a comprehensive planning study to be undertaken for the area and for consistent and fair application of the ICBL. Are there 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. |
Development Application Impacts |
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:
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. Will the city continue to accept development applications during the year-long freeze? The City will continue to accept development applications. Applications currently being processed, and new applications submitted will be circulated for comment to relevant departments and agencies and statutory public meetings will be held to receive public input. No planning analysis will be undertaken, and recommendation reports will not be prepared until the ICBL and policy and zoning are in place. |