Notice of decision for Official Plan Amendment 152

With respect to an Official Plan Amendment, Subsection 17(34) of the Planning Act

Date of decision: Aug. 7, 2024
Date of notice: Aug. 15, 2024
Last date of appeal: Sept. 4, 2024

A decision was made on the date noted above to approve Amendment No. 152 to the Official Plan of the City of Burlington.

Purpose and effect of the amendment

The purpose of this Amendment is to change the land use designation on the subject lands from Mixed-Use Corridor – Employment to Mixed-Use Corridor – General with site-specific policy to permit the development of a public park, one building with a height of 17 storeys containing residential and non-residential uses, one multi-unit residential building
with maximum height of 21 storeys, and a possible additional multi-unit residential building with maximum height of 12 storeys (maximum heights include rooftop mechanical and amenity area) at 1393 Graham's Lane. The proposal will provide up to 722 dwelling units and will have a maximum Floor Area Ratio of 5.4:1.

Public consultation was conducted between May 13 and Aug. 7, 2024. As a result of public consultation, the City received five comments and three delegations at the Statutory Public meeting held on Aug. 7, 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:
  1. set out the specific part of the 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

Only the applicant, specified person and public bodies as defined in the Planning Act, and registered owners of lands to which the by-law will apply and who made submissions at this public meeting or who have made written submissions to the City before the bylaw is passed, will be able to appeal the decision of the City of Burlington to the Ontario Land Tribunal.

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 Thomas Douglas, Community Planning Department, City of Burlington at thomas.douglas@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