Notice of Decision: Offical Plan Amendment Subsection 17(34), Amendment No. 129

Notice of Decision

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

AMENDMENT NO. 129

Date of decision: March 21, 2023
Date of notice: March 23, 2023
Last date of appeal: April 12, 2023

A decision was made on the date noted above to approve Amendment No. 129 to the Official Plan of the City of Burlington.

Purpose and effect of the Amendment

The purpose of this Amendment is to add a site-specific policy to the existing “Downtown Residential – Medium and/or High Density Precinct” designation to permit additional density at 441 Maple Ave.

Public consultation was conducted between Nov. 14, 2018 to Feb. 28, 2022. As a result of public consultation, the City received 12 comments and three delegations at the Statutory Public meeting held on May 14, 2019 and two delegations at the Feb. 28, 2023 Community Planning, Regulation and Mobility Committee meeting. 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 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 more information in respect of the Official Plan Amendment and the decision, please contact Melissa Morgan, Community Planning Department, City of Burlington at Melissa.morgan@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