This just in: The Ontario Municipal Board has just released its decision on the ADI proposal at Martha and Lakeshore, and has allowed 26 storeys. Staff and council did not support the proposal. The hearing concluded in July.
This is a devastating decision for the downtown.
You can read the decision here: OMB Adi Martha-Lakeshore PL150274-FEB-13-2018
Under limited circumstances, OMB decisions can be appealed. Visit Appeal of a Decision on the Environment and Land Tribunals of Ontario. It’s undetermined at this time whether this is an option here. However, we must explore this and use every tool available to fight this decision.
My Take is below, followed by the City of Burlington’s statement on this decision:
The OMB decision to approve the 26-storey ADI proposal at Martha/Lakeshore is devastating for the downtown. This will be the new precedent height.
The decision referred to the Bridgewater at 22 storeys (and other tall buildings in the area); it also referred to the fact that the city had “received” other 23 storey applications (how that’s relevant is anyone’s guess; these were only “applications” with no approval at the time of the OMB hearing).
I am not confident that by rushing adoption of the proposed new Official Plan we will gain more control over planning; the proposed plan calls for 17 storeys for this site. The OMB approval is nine storeys higher. The Brant and James corners (north and south) are both 17 storeys in the proposed new Official Plan, but council approved 23 storeys on the north side and we just got an application for 24 storeys on the south side.
Developers can, and will, continue to ask for more than what is permitted in the existing or proposed plan.
The decision also referred to the downtown as an Urban Growth Centre and transit hub, thus the development needed to meet certain densities appropriate for those designations.
Until we remove those two designations from the downtown (Urban Growth Centre, Mobility Hub), we will not wrestle control of planning back into the hands of staff, council and the community. (Credit goes to Gary Scobie for suggesting these designations be removed, which is what led to my motion.)
My motion Jan 24 to move the Urban Growth Centre from the downtown to the existing Burlington GO Station Mobility Hub (as Oakville has done to protect their downtown), and to eliminate the downtown as a Mobility Hub, failed 6-1.
In light of this OMB decision, we have to reconsider this vote.
These designations were a key part of the OMB ruling, though the ruling applies only to this site, not the entire downtown. I can’t bring that reconsideration motion, as I didn’t vote in the majority. Another member would have to move it. Alternatively, a new council could make this change without a reconsideration motion during the next term of office, which begins after the municipal election in October.
I’ve received advice from staff that the UGC and Hub designations are part of the Growth Plan for the Greater Golden Horseshoe (Places to Grow), updated in 2017, with no further update for 10 years. However the legislation states that implementation of the plan allows the Minister of Municipal Affairs to “identify, establish or update…the size and location of the urban growth centres,” [Sec 5.2.2, 1(b)]. The plan further allows the Minister to review the schedules of the plan “at least every five years in consultation with municipalities, and may revise these schedules.” [Sec. 5.2.7 (1)]. The UGC is mapped on the schedules.
I will continue to look into opportunities to change the UGC and Hub designations. This will likely require advocacy to the province. With a provincial election coming up, ask all candidates whether they will assist with changing these designations.
The Official Plan is not a done deal after council adoption. Burlington’s proposed new Official Plan won’t be in force till approved by Halton Region, expected in 2019 when the Region reviews its own plan. Until that time, our existing Official Plan is in force. New motions can come forward till council adoption in April. Make this an election issue: ask all candidates, new or incumbent, whether they will make changes to the plan before regional approval for balanced growth not overintensification.
What can residents do? Use your democratic tools:
- There is a provincial election coming up June 7. Ask all candidates who are running if they will work with the city to remove the Urban Growth Centre and Mobility Hub designations from the downtown.
- There is a municipal election Oct. 22. Ask all candidates who are running if they will work with the region to remove the Urban Growth Centre and Mobility Hub designations from the downtown. There is still time: our new plan isn’t in effect until the Region approves it, which won’t happen until the Region begins its review of its own plan in 2019.
- Finally, appear at the Feb. 27 Public Statutory Meeting and ask council members for a second vote to remove the Urban Growth Centre and Mobility Hubs designations from the downtown.
The City of Burlington’s statement on this decision is here:
Statement from the City of Burlington on the Ontario Municipal Board Ruling on Adi Development – 374 Martha St.
Burlington, Ont.—Feb. 13, 2018— Today, the Ontario Municipal Board (OMB) released its decision on Adi Development Group’s proposal at 374 Martha St. The city is disappointed with the ruling, which allows for a 26-storey building at that location.
At the hearing, the city argued that Adi’s proposal for 26 storeys was not appropriate for that location for a number of reasons, including the fact that the proposal far exceeded the height limits allowed in that area, the need to complete an updated Official Plan and the longstanding public policy that the Bridgewater development will be the landmark building.
In its decision, however, the OMB states that the city’s current land-use policy for the site does not reflect Provincial Policy.
As the OMB noted in its ruling, “the evidence suggests to the Board that the current designation is no longer appropriate for the Subject Site and a proposal that is taller and more transit-supportive is both preferable and better implements the transit-oriented and intensification policies of the PPS 2014 and the GGH 2017.”
The OMB further notes that “While the provincial policy regime emphasizes the importance of a municipality’s official plan, there is no suggestion in the provincial policy regime that a municipality’s official plan may undercut provincial policy.”
Mary Lou Tanner, the Deputy City Manager, comments: “In light of the OMB’s ruling, it is even more important that the city move forward with the adoption of the new Official Plan. As this ruling shows, our current OP is a liability; it is out of date and is open to challenge. The area-specific plan for downtown Burlington will strengthen the city’s position on development in the downtown by replacing outdated polices with a plan that better reflects provincial policy, while also protecting the character of the city.
“We can not continue to plan our city, especially our downtown, on an application-by-application basis. This is not good planning and allows others to make decisions on our city’s future.”
Sr. Manager of Government Relations and Strategic Communications
Office: 905-335-7600, ext. 7747