Notice of Decision for Official Plan Amendment 140
With respect to an Official Plan Amendment
Subsection 17(34) of the Planning Act
Date of decision: Jan. 16, 2024
Date of notice: Jan. 18, 2024
Last date of appeal: Feb. 7, 2024
A decision was made on the date noted above to approve Amendment No. 140 to the Official Plan of the City of Burlington.
Purpose and effect of the Amendment
The purpose of this Amendment is to re-designate the lands at 454-462 Cumberland Ave. and 3255, 3259, and 3265 New St., currently designated as “Residential Medium Density”, to “Residential – High Density” and to add a site specific policy to permit a 7-storey memory care home on the subject lands with a Floor Area Ratio of 2.5:1 and a maximum density of 346 units per net hectare.
Public consultation was conducted between Oct. 10, 2023 and Jan. 9, 2024. As a result of public consultation, the City received 14 comments and 4 delegations at the Statutory Public meeting held on Jan. 9, 2024. Comments received were considered as part of 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:
- set out the specific part of the Official Plan Amendment to which the appeal applies;
- set out the reasons for the appeal; and,
- 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
Only individuals, corporations or public bodies may appeal a decision of the City of Burlington, to the Ontario Land Tribunal. A notice of appeal may not be made by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or the group on its behalf.
No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting 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, Office of the City Clerk, 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