Development freeze lifted in downtown Burlington and here's how the changes will impact the area
On Oct. 15, the Ontario Lands Tribunal (OLT) granted a motion brought by the city of Burlington to lift the freeze on all lands subject to the Interim Control Bylaw (ICBL) with the exception of lands located around the Burlington GO station.
The ICBL Land Use Study froze development for one year in the city's downtown and at the Burlington GO station, to ensure land-use development is well managed as outlined in council's Vision to Focus 2018-2020 strategic workplan.
Lifting the freeze in the downtown core will allow development in compliance with zoning that was in effect before the ICBL, and the city will be able to issue building permits in this area.
Community Planning staff will also be able to bring forward recommendations for council decisions with respect to Planning Act applications.
We paused development through an Interim Control Bylaw so we could consider what the right amount of growth is for the downtown and around the Burlington GO station. That work is now complete," said Mayor Marianne Meed-Ward. The result of that work supported our successful request to adjust the boundaries of the Urban Growth Centre (UGC) to the Burlington GO station. These efforts will focus growth around the GO station and ensure our city has the right developments in the right place at the right scale."
At the hearing, the OLT provided an oral decision granting the motion, to be followed by a written decision.
Given the nature of the appeals related to the ICBL currently before the Ontario Land Tribunal, it was the right time to file a motion to end the downtown freeze," added Heather MacDonald, executive director of community planning, regulation and mobility. This will allow development to proceed that is in conformity with the existing zoning, and it will also allow council to consider recommendations and make decisions on applications for development in the downtown. The ICBL is still in effect on the lands adjacent to Burlington GO. Planning work is underway on the Burlington GO Major Transit Station Area (MTSA), and public input to this work is encouraged."
During the one-year freeze on development, the ICBL Land Use Study assessed the role and function of the downtown bus terminal and the Burlington GO station on Fairview Street as Major Transit Station Areas; examined the planning structure, land-use mix and intensity for the lands identified in the study area; and proposed updates to the Official Plan and zoning bylaw regulations as needed for the lands identified in the study area.
City staff presented the refined ICBL study report to council for approval in advance of the initial one-year deadline. The official plan and zoning bylaw recommendations are a result of extensive technical review by the city's external consultants and planning staff, public input including written and oral submissions from the development industry and council deliberation, according to a press release issued by the city.
On Jan. 30, 2020, council approved the revised recommendations from the findings of the ICBL Land Use Study, including the approval of the proposed Official Plan and Zoning By-law Amendments resulting from the ICBL Land Use Study.
The city received 31 appeals to the Local Planning Appeal Tribunal (LPAT) for both the Official Plan Amendment 119 and Zoning By-law Amendment 2020.418, which were filed with the city clerk. Because of these appeals under the Planning Act, the ICBL remained in effect and did not end on March 5, 2020.
Since that time, LPAT, now the OLT, considered and granted a number of motions to find that the Zoning Bylaw Amendment does not apply to those sites and lifted the ICBL freeze.