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Application Received for High-Rise Building at 1029 & 1033 Waterdown Rd.

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An application for a high-rise building at 1029 and 1033 Waterdown Rd. has been submitted to the City. This site was the subject of a pre-consultation community meeting on Nov. 17, 2021.

The proposal presented to the community at that time contemplated a 29-storey, mixed-use development, including 295 residential units within a tower portion and retail/commercial land uses on the ground level of a 4-storey podium. The remaining three (3) floors of the podium are proposed for above-grade parking area. A total of 320 parking spaces (and bicycle parking) are proposed in a combination of two levels of underground and podium level parking.

Council has deemed the application complete, as of  the submission date of Dec. 17.

Staff presented a report to the Community Planning Regulation & Mobility Committee on Jan. 11 that immediately went to a Special Council meeting following committee (Jan. 11), asking council to deem the application complete. Read the report here, Item 5.5 PL-11-22. Council unanimously approved the recommendation.

Typically, these matters are delegated entirely to staff to deal with, and to declare development applications complete. However, our Clerks Department has discovered that the City’s delegation bylaw doesn’t specifically address this.

To fix this issue, staff have an updated delegation bylaw they will be bringing to the Environment, Infrastructure and Community Services (EICS) Committee tomorrow (Jan. 13) that will then go to Council on Jan. 18. However, until the updated bylaw is addressed and voted on, Council must declare applications complete in the interim.

The City has 30 days to declare an application complete. Once that happens, the City has 120 days to process the application or risk an appeal to the Ontario Lands Tribunal for “non-decision” within the statutory time frame. The 120 days expires on or about April 16, 2022.

As it does for all applications for Official Plan and Zoning Bylaw Amendments, the City has opened a dedicated webpage for this project at Infinity Development Group – 1029-1033 Waterdown Road

Now that the application has been received and deemed complete, the supporting studies will be posted on this page and its status will move from “Pre-application: Complete application not yet received” to “Amendment Application – Under Review.” Residents can subscribe to the page to receive email notification whenever any new material is added, including technical studies, staff reports, and notices of public meetings.

The next steps in the Planning Process are outlined below, and provide for additional opportunities for community input.

PUBLIC PLANNING PROCESS STEPS

We 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.

  1. 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”
  2. Then a formal development application for an Official Plan or Zoning Bylaw Amendment is made to the city.
  3. 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.”
  4. 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.
  5. 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.
  6. Staff review the application and continue to receive public input, and further input from the applicant. That input shapes the future recommendation from staff.
  7. 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.
  8. 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.
  9. 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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Administrator

A Better Burlington began in 2006 after my neighbours said they felt left out of city decisions, learning about them only after they’d been made. As journalist for 22 years, I thought “I can do something about that” and a website and newsletter were born. They’ve taken various forms and names over the years, but the intent remains: To let you know what’s happening at City Hall before decisions are made, so you can influence outcomes for A Better Burlington. The best decisions are made when elected representatives tap the wisdom of our community members, and welcome many different perspectives.This site allows residents to comment and debate with each other; our Commenting Guidelines established in 2016 aim to keep debate respectful. Got an idea or comment you want to share privately? Please, get in touch:

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Media Specialist: John Bkila
john.bkila@burlington.ca
905-335-7600