Developer appealing highrise plan in Burlington
A Burlington councillor said the door was left open for appeals — if council ever tried curbing downtown intensification from future developments — when it approved a 23-storey tower across the street from city hall in November 2017.
On July 16, city council ratified a decision to approve a reduced height (18 storeys) on a 23-storey multi-use condo tower proposed by Reserve Properties Ltd.
On Aug. 8, the developer filed an appeal to council’s decision to the Local Planning Appeal Tribunal, which has replaced the Ontario Municipal Board.
“This appeal was entirely predictable,” Ward 2 Coun. Marianne Meed Ward said.
“(It) shows what happens when council gives in, and allows up to double, triple, quadruple what’s allowed in the official plan — the community and council lose control of planning the downtown.”
Meed Ward went on to say the Reserve Properties appeal was the inevitable result of the majority of council approving another 23-storey building (this one by Carriage Gate Homes) also across the street.
That building, she says,“is double the allowed height of one of the assembled properties (12 storeys), and three to four times the allowed height of the rest of the properties (four to eight storeys).”
The City of Burlington adopted a new official plan in May, but while it is awaiting approval by Halton Region (expected sometime in 2019), the city’s existing plan is still in effect and enforceable.
Mayor Rick Goldring said he believed the city was still in a favourable position to defend council’s decision at the provincial land tribunal.
“City staff provided an alternative recommendation for Reserve Properties that complies with the new adopted official plan and the provincial policy. Compliance with the new OP and provincial policy is critical in defending our decision,” Goldring added.
But Meed Ward said “height giveaways” have could set a precedent.
“Developers refer to all other tall buildings approved in the area as a justification for their own height request, and that’s happened here too.”
Requests from the Burlington Post to Reserve Properties Ltd.’s media firm, Kim Graham & Associates, and chief operating officer Shane Fenton were not returned.
A copy of the appeal, filed by Goodmans LLP and sent to the Post, stated council’s decisions concerning Reserve’s application were inconsistent with the 2014 provincial policy statement, failed to conform with provincial plans (including the Growth Plan and the Big Move) and Halton Region’s OP — it should be noted Halton is undergoing its own review of a new OP.