Application Received for Proposed Retail/Commercial Development at 5030-5045 Tico Creek Common, Submit Written Comments by Feb. 25
An application for a proposed retail/commercial building at 5030-5045 Tico Creek Common in Ward 5 has been submitted to the City of Burlington. This site was the subject of a pre-application community meeting on Aug. 13, 2021.A public notice for the Tico Creek Common application submission and community consultation was mailed out to all property owners within 120 metres of the property. A copy of the notice is provided via the link above and further down this post.To subscribe for updates on this application and to view supporting documents, please visit: www.burlington.ca/ticocreekA private land owner has made an application, through Wellings Planning Consultants Inc., to change the Zoning By-law for the property located at 5030-5045 Tico Creek Common.This proposal is for an amendment to the Zoning By-law to allow an increase in the maximum Gross Floor Area for Mixed-Use Buildings and Fast Food Restaurant use as well as to expand Retail Store permissions for the two (2) proposed 1-storey buildings (as shown on the attached Concept Plan).Written Comments:No decisions about this application have been made yet. We are asking for your feedback before we make a recommendation to the Planning and Development Committee of Council to either approve or refuse the application. Any written comments you may have about the proposal can either be mailed or e-mailed to the planner assigned to this file. Your comments will be included in the staff report about the application which will be posted on the City’s web site.
To submit written comments, or for more information, please contact:
Department of Community PlanningP.O. Box 5013, 426 Brant St.Burlington, ON, L7R 3Z6Attn: Mariana Da SilvaPhone: 905-335-7600, ext. 7536Email: mariana.dasilva@burlington.ca
Your written comments should be submitted by: February 25, 2022
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PUBLIC PLANNING PROCESS STEPSWe want to reassure the public that any decisions made by council on any development occurs within a public process that keeps you informed and involved every step of the way, with multiple opportunities to shape the final project. You will also know how your elected representatives voted on each project, and their rationale.Council members typically do not take a position on a development matter until receiving the staff recommendation report. This protects the fairness of the process for all parties, to ensure all information is received and considered before a position is taken.
- The process starts with a pre-application community meeting to receive public input. A dedicated webpage is created on the city website with information related to the community meeting and the initial proposal. The status of the project is listed as: “Pre-application: Complete application not yet received”
- Then a formal development application for an Official Plan or Zoning Bylaw Amendment is made to the city.
- Once the application has been deemed “complete” by staff, including receipt of all the necessary supporting documents, the dedicated webpage is updated with all relevant reports and public notices. The status of the project is listed as “Amendment Application – Under Review.”
- The city must process all applications it receives and must do so within 120 days or risk an appeal to the Ontario Lands Tribunal for “non-decision”. This would take decision-making out of the hands of staff, the community and council, so we endeavour to complete our work within this legislated time frame.
- Information about the proposal is also presented to City Council at the Community Planning Regulation and Mobility Committee. Residents can delegate to speak to share their input, or simply attend and listen to the presentation and discussion. No decisions are made at this meeting. It is to inform Council and residents and receive input to shape the proposal.
- Staff review the application and continue to receive public input, and further input from the applicant. That input shapes the future recommendation from staff.
- Staff make a recommendation to Council to approve, reject or modify the proposal. This is also done at a subsequent meeting. Residents can delegate to speak to share their input, or simply attend and listen to the presentation and discussion. This is a decision-making meeting.
- Council, at the Community Planning Regulation and Mobility Committee, votes to accept the staff recommendation, reject it, or modify it. This recommendation then goes to a subsequent Council meeting for a final decision. Residents can also attend this meeting and speak. All votes are recorded, so you will know how your representative voted on an application.
- After Council makes a decision, either an applicant or residents who are not happy with the decision can appeal to the Ontario Lands Tribunal. A hearing would be set, evidence presented, and the OLT ultimately decides. They have the authority to make a different decision than the one council has made.
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WHY DOES THE CITY HAVE TO CONSIDER ALL NEW DEVELOPMENT APPLICATIONS THAT ARE SUBMITTED? When the City of Burlington receives an application for a new development, we are legally bound to process any development applications and provide the developer with a decision on the application within 120 days of the application being deemed complete.All of these applications are assigned a planner who reviews the documents and feedback from residents and presents a recommendation to committee and Council on how the application should proceed — that recommendation can either be denying the application, approving it, or approving it with certain conditions.Should the City fail to provide a decision to the developer within the 120 day time frame, the developer has the right to approach the Ontario Land Tribunal (OLT), previously known as the Local Planning Appeals Tribunal (LPAT), to request them to make a decision on whether or not they are allowed to proceed with their plans.On June 1, 2021, the LPAT was amalgamated into the OLT — an independent tribunal whose members are appointed by the cabinet of Ontario to hear cases in relation to a range of municipal planning, financial and land matters. These include matters such as official plans, zoning bylaws, subdivision plans, consents and minor variances, and other issues assigned by numerous Ontario statutes.When this happens, it will not only cost the City money by means of legal fees and representation at the OLT, but it also takes the decision-making process away from the City and City Council – in other words, projects that are not acceptable to our residents and City planning officials could go ahead and our residents would be very limited in their ability to provide input on how their neighborhoods are structured.It is the City’s obligation to its residents to ensure we are able to provide them with opportunity to be a part of the planning process for the neighborhoods. Planning affects all of us as it determines where we live, work, play and raise a family, and that is why the City encourages residents to get involved in this process.If a member of the public believes that a planning decision should be re-examined, they can appeal the decision to the OLT. The OLT has the authority to refer a decision back to Council for reconsideration. If a subsequent appeal of the second Council decision is made, then the OLT has the authority to approve, change or refuse the application and override the decision made by the municipal Council.The Mayor doesn’t provide a position on a development application until staff review and share their expertise and a recommendation in order to protect the process and residents.To learn more about the Planning Process, please visit the dedicated Burlington Planning Process page on the City’s website.RELATED LINK: