Appeals Extend Development Freeze in Downtown Burlington and at Burlington GO

ICBL/OP
Written By

*Please see a media release below issued by the City of Burlington.Burlington, Ont. – Feb. 27, 2020 — The City of Burlington continues its work to ensure land-use development is well managed as outlined in Council’s Vision to Focus 2018-2020 strategic workplan. The Interim Control Bylaw (ICBL) Land Use Study, which froze development for one year in Downtown Burlington and at the Burlington GO station, is an important action to meet these goals.On Jan. 30, 2020, Council approved the revised recommendations from the findings of the Interim Control Bylaw (ICBL) Land Use Study, including the approval of the proposed Official Plan and Zoning Bylaw Amendments resulting from the ICBL Land Use Study.City staff presented the refined ICBL study report to Council for approval in advance of the initial one-year deadline on March 5, 2020. The official plan and zoning by-law 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.

“Given the significant level of development interest in Burlington, and in particular the Burlington downtown and lands in the vicinity of the future mobility hubs, I am not surprised by the number of appeals that have been filed. It’s not uncommon for a significant change to an Official Plan to attract a number of appeals. After listening to the submissions made as part of the public meeting held on Jan. 14, 2020, staff did work hard to resolve issues raised and make changes to the planning instruments where possible.” — Heather MacDonald, Executive Director of Community Planning, Regulation and Mobility, City of Burlington

The revised recommendations were based on the land-use study undertaken as a result of the ICBL, passed by City Council on March 5, 2019. The purpose of the ICBL was to restrict the development of lands within the study area for a period of one year, including the Downtown Urban Growth Centre (UGC) and lands near the Burlington GO Station to undertake a land-use study.As per the Planning Act, appeals to the Local Planning Appeal Tribunal (LPAT) must be filed 20-days after notice is given. Notice of Decision for Official Plan Amendment 119 and Notice of Passing of Zoning By-law Amendment 2020.418 was provided on Feb. 6, 2020. The last day of appeal was Feb. 26, 2020.The City has received 31 appeals to the LPAT for both Official Plan Amendment 119 and Zoning By-law Amendment 2020.418 which have been filed with the City Clerk. As a result, the Interim Control Bylaw (ICBL) remains in effect and will not end on March 5, 2020. The ICBL will remain in effect until the Local Planning Appeal Tribunal has issued a final decision on each appeal of Zoning By-law Amendment 2020.418.The recommendations from the findings of the ICBL study include proposed amendments to Burlington’s current in-force-and-effect Official Plan and Zoning Bylaw. The staff recommendation report and proposed amendments can be viewed online at burlington.ca/icbl.The City is also working closely with Halton Region to confirm with the Province the requirements and next steps for approval of changes to the downtown UGC and Major Transit Station Area (MTSA) designations. City Council has directed the Chief City Planner to report back in May 2020 with recommendations.The City will share more information on the ICBL appeal process and timelines as they become available, as well as details about the nature of the appeals where we can. Residents can stay up-to-date by subscribing to the ICBL webpage.QUICK FACTS:

  • 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. An ICBL may not be appealed when it is first passed, however the extension of the ICBL to a second year may be appealed.
  • Developments in the study area that submitted applications for site plan approval, in accordance with the approved zoning bylaw, prior to March 5, 2019, were exempt from the ICBL study area.
  • During the one-year “freeze” on development in the study area, 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
    • Proposed updates to the Official Plan and Zoning bylaw regulations as needed for the lands identified in the study area.
  • On Jan. 30, 2020, Council approved the revised recommendations from the findings of the Interim Control Bylaw (ICBL) Land Use Study, including the approval of the proposed Official Plan and Zoning Bylaw Amendments resulting from the ICBL Land Use Study.
  • On Feb. 6, 2020, the public was notified of plans to lift the ICBL and the 20-day window for appeals. Appeals were due to be filed with the city clerk on or before Feb. 26, 2020.

MAYOR MEED WARD’S TAKE:Burlington remains open for business and the city honoured our commitment to complete our work within one year and lift the Interim Control Bylaw (ICBL) that freezes development downtown and at the Burlington GO, affecting 1% of our total land. The effect of the appeals — specifically, those to the zoning bylaw amendment — is to extend the ICBL development freeze. Without these appeals, the ICBL would have naturally lapsed on March 5, 2020 with the new Official Plan and Zoning rules related to Major Transit Station Areas coming into force. With the appeals, the ICBL automatically continues until the LPAT resolves them. Council has not extended the ICBL; those who have appealed the OP and Zoning have extended the ICBL.We will fight vigorously to defend the policies we have created, which were unanimously supported by all of council. The policies are founded on sound planning principles based on evidence and a one-year independent consultant study. They also reflect the vision of staff, council and our residents for the future of our city. We remain steadfast in our commitment to ensuring the right development in the right place at the right scale.LINKS & RESOURCES:

—*Posted by John Bkila, Mayor’s Media and Digital Communications Specialist

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