City of Burlington Receives Ontario Land Tribunal Appeal by Millcroft Greens Developer

"We’re disappointed by the decision to appeal, as it takes decision-making out of the hands of the community and council. We will work together with council and staff to ensure the community perspective is heard at the tribunal. There are also opportunities for the community to be involved directly at the tribunal, and we encourage residents to review those. There are many more steps to come before any decision is made and we will ensure our community voice is heard and that every opportunity for public participation is provided." -- Burlington Mayor Marianne Meed Ward & Ward 6 Councillor Angelo Bentivegna

*Please see below a news release issued by the City of Burlington, as well as some related frequently-asked- questions (FAQs).Burlington, Ont. — June 30, 2022 — This week, the City of Burlington received an appeal filed by Millcroft Greens Corporation regarding its applications for Official Plan and Zoning Bylaw amendments and a plan of subdivision. Millcroft Greens Corporation has appealed the City’s lack of decision within the statutory timeframes to the Ontario Land Tribunal (OLT).In April 2022, Burlington City Council directed staff to continue processing the development applications rather than make a recommendation at that time in order to give the City an opportunity to review revisions to the development proposal that were submitted by Millcroft Greens Corporation in that same month.Due to the complex nature of these applications, other government agencies that also review and provide feedback into applications, including the Region of Halton, Conservation Halton and consultants, have also not completed their reviews of the Millcroft Greens applications.Staff’s review of the revised development proposal is currently ongoing. The revised development proposal contemplates:

• Parcels A-D
  • Proposed lots have decreased from 98 lots to 90 lots
  • The 6 metre landscape buffer has been incorporated into the lot design instead of being part of a common element block.
• Parcel A – near Hadfield Court
  • 29 single detached dwellings
  • Proposed rear yards within Area A now back onto the existing rear yards of those homes on Hadfield Court with the internal condominium road shifted southerly
• Parcel B – between Hadfield Court and Parklane Crescent
  • 40 single detached dwellings
  • Changes to the lotting pattern around the cul-de-sac and lot line adjustments
• Parcel C – near Berwick Drive and Country Club Drive
  • 14 single detached dwellings
  • Inclusion of a parkette fronting onto Country Club Drive
  • Inclusion of a 7-metre setback from the TransCanada Pipeline easement resulting in a shorter roadway and relocation of the cul-de-sac to the south
• Parcel D – near Chasewood Court
  • 7 single detached dwellings (no change)
  • Inclusion of a 7-metre setback from the TransCanada Pipeline easement
• Parcel E – on Dundas Street
  • 6-storey residential apartment building
  • Increased amenity area to 25 m2 per unit and provided additional rooftop outdoor amenity area on the 6th floor
  • Revised exterior façade design along Dundas Street
  • Included a 6-metre drainage easement on the west property line
  • Reconfigured drop-off, surface parking design and layout
  • Modified underground parking footprint and increased setbacks along the Dundas Street frontage
  • Dropped slab of underground parking garage to allow for increase in soil depth for tree plantings and soft landscape treatment
  • Provided pedestrian connection on the east side of the site with connection to existing and proposed trails
  • Increased height of wind/sound barrier fences at outdoor amenity
  • Included provisions for townhouse dwellings.

City Staff reported on the original development proposal to City Council in March 2021, identifying staff concerns with the proposal. Additionally, Council was advised of concerns received from members of the public, including:

• loss of greenspace and trees;
• change to neighborhood character and identity;
• impacts on wildlife habitat;
• air quality and public health;
• impacts on property values;
• impacts on stormwater management and flooding in neighbourhood as well as neighbourhoods downstream of Appleby Creek;
• noise;
• dust impact during construction; and
• traffic and traffic safety impacts during and after construction.

Once an application has been appealed to the OLT, City Council is no longer the decision-maker on the application. The application is subject to the OLT hearing process. As part of the process, the City will have to formally submit the notice of appeal and other materials to the OLT. Once received and processed, the OLT will schedule a ‘case management conference’, where the City, appellant and any other person or agency with an interest in the appeal attend to address matters such as requests for party and participant status, the issues to be considered in the appeal hearing, and the scheduling of dates for the various procedural steps in the process.Members of the public will have the ability to attend this meeting to observe the proceedings, or to seek status to participate in the hearing. Members of the public interested in participating in the hearing of the appeal should consult the OLT’s website to get the required forms for requesting status to participated in the hearing. These forms must be submitted in advance of the case management conference in this matter.The City anticipates that the OLT ‘case management conference’ may be scheduled in the fall of this year; City staff will be reporting to Council prior to the case management conference in the coming months.Members of the public can subscribe to the City’s calendar to receive notification when the OLT meeting occurs.Links and Resources:

• burlington.ca/millcroftgreens
• City of Burlington Official Plan
• Report PL-12-21 - Statutory Public Meeting for an Official Plan and Zoning By-law Amendment and Plan of Subdivision for 2155 Country Club Drive & 4274 Dundas Street
• Report PL-34-20 - Deregistration By-law for existing registered plans of subdivision within the Millcroft neighbourhood
• Ontario Land Tribunal (gov.on.ca)
• Mayor’s Monday Mailbag – July 12, 2021 – Are there lessons from Glen Abbey for the proposed development of Millcroft Greens golf course?

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MILLCROFT GREENS FAQsQ: Why wasn’t a decision made before the 120 days?A: The applications that Millcroft Greens submitted are complex and have been revised since originally submitted in an attempt to respond to concerns that have been raised. As part of any application, multiple City departments in addition to Community Planning have to provide input into the applications and any revisions to those applications; this includes staff from Transportation, Engineering Services, Roads, Parks & Forestry, Legal, Transit and others.In addition to City staff, other government agencies also review and provide feedback into applications, including the Region of Halton, Conservation Halton and consultants; they also have not completed their reviews of the Millcroft Greens applications, as revised.Q: What happens now?A: Once an application has been appealed to the Ontario Lands Tribunal (OLT), City Council is no longer the decision maker on the application. The application is subject to the OLT hearing process. As part of the process, the City will have to formally submit the notice of appeal and other materials to the OLT.Once received and processed, the OLT will schedule a ‘case management conference’, where the City, appellant (Millcroft Greens) and any other person or agency with an interest in the appeal can attend to address matters such as requests for party and participant status, the issues to be considered in the appeal hearing, and the scheduling of dates for the various procedural steps in the process.Q: When will the ‘case management conference’ occur?A: The OLT schedules those conferences. We anticipate that the OLT ‘case management conference’ may be scheduled in the fall of this year. Residents can visit the OLT’s website for information and for requesting status to participate in the hearing.Q: Have any reports gone to Council?A: City Staff reported on the original development proposal to City Council in March 2021, identifying staff concerns with the proposal. Additionally, Council was advised of concerns received from members of the public, including:

• loss of greenspace and trees,
• change to neighborhood character and identity,
• impacts on wildlife habitat,
• air quality and public health,
• impacts on property values,
• impacts on stormwater management and flooding in neighbourhood as well as neighbourhoods downstream of Appleby Creek
• noise and dust impact during construction
• traffic and traffic safety impacts during and after construction

Q: How can residents get involved now?A: Residents can visit the OLT’s website for information and for requesting status to participate in the hearing. Residents can subscribe to the City’s calendar receive notification when the OLT meeting is scheduled.Q: Will City Planning staff bring a report recommending approval or refusal to Council?A: No.  Since City Council is no longer the decision maker on the application, Planning staff will not be bringing a report recommending approval or refusal of the application.  However, since the matter is now in litigation, City Legal staff will be reporting to Council prior to the case management conference in the coming months.Q: Why can’t Council members take a position now on the applications?A: Councillors do not typically take a position on applications until a report has been presented by staff that has all the information about the application(s) and input from agencies and consultants. Now that the application has been appealed, any position taken or legal instructions given by Council are confidential and subject to privilege, meaning that individual Councillors or Council as a whole may not disclose the confidential information or decision, unless Council as whole decides to waive privilege in whole or in part.