City of Burlington Interim Control Bylaw Update

MAYOR MEED WARD'S TAKE:We paused development through an Interim Control Bylaw (ICBL) 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. 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.*Please see below a news release issued by the City of Burlington. Click here to view an updated map of the ICBL area. Burlington, Ont. – Oct. 20, 2021 — The City of Burlington continues to make sure 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 Oct. 15, 2021, the Ontario Lands Tribunal (OLT) granted a motion brought by the City regarding the Interim Control Bylaw’s continued application to the City’s downtown and lands around the Burlington GO station. The motion sought to lift the freeze on all lands subject to the Interim Control Bylaw with the exception of lands impacted by Zoning By-law Amendment 2020.418, which are located around the Burlington GO station. At the hearing, the OLT provided an oral decision granting the motion, to be followed by a written decision.This will allow development in Downtown Burlington 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.

"Given the nature of the appeals related to the ICBL currently before the Ontario Land Tribunal (OLT), it was the right time to file a motion to end the downtown freeze. 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." -- Heather MacDonald, Executive Director of Community Planning, Regulation & Mobility, City of Burlington

ICBL HistoryOn 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.The City received 31appeals to 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 Ontario Lands Tribunal (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”.For more information, subscribe 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.
• 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 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.
• 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.
• 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.
• 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.
• Given a number of appeals to Zoning Bylaw Amendment 2020.418 the Interim Control Bylaw “freeze” remained in effect and extended past March 5, 2020.

Links and Resources:

• Burlington’s interim control bylaw

--*Posted by John Bkila, Mayor's Media and Digital Communications Specialist