No towers beside Spencer Smith Park as Burlington wins fight against developer
Published October 21, 2024 at 3:49 pm
A rare win by a municipality against a builder at the Ontario Land Tribunal will see Burlington’s decision to deny a waterfront application held up.
In 2022, Burlington councillors voted unanimously to refuse the application for two large towers on the site of the Waterfront Hotel, on the south side of Lakeshore road, beside Spencer Smith Park.
At the time, a staff report determined the proposed development was not consistent with the Provincial Policy Statement, did not conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, did not conform with Halton Region’s Official Plan and did not conform to the policies of the City of Burlington Official Plan (1997 as amended).
The proposed development also did not conform to the City’s new Official Plan (2020). These factors led City staff to recommend refusal of the subject applications.
The developer challenged the decision at the Ontario Land Tribunal, a provincially-appointed body that adjudicates disputes between builders and municipalities. Historically, the OLT tends to favour builders.
No reasons were given at this time for the OLT decision, although a final order will include them.
During the approval process in 2022, the city has made it clear they feel the buildings are too tall and the footprint of the development doesn’t allow enough greenspace down to the Lake Ontario shore.
The proposed development includes commercial and office space in addition to 557 residential apartment units, and a hotel with 122 guest suites.
The residential apartment units consist of 23 studio units, 212 one-bedroom units, 166 one-bedroom + den units, 138 two-bedroom units and 18 three-bedroom units.
A joint statement was issued by Mayor Marianne Meed Ward and Ward 2 city councillor Lisa Kearns.
“This decision by the OLT to uphold the City’s refusal of proposed towers on our waterfront is an exceptional and significant win for the city and the community.
“We support development at the right scale in the right place in keeping with council and the community’s vision for our city. These applications failed to meet those criteria.
“We are thankful for the efforts of Citizens Plan B (Waterfront Redevelopment), who focused on the issues and helped represent the community voice.
As Burlington grows, this significant site in our downtown will be protected as our flagship park to welcome residents and visitors to Burlington and our beautiful waterfront.”
Any new proposal by the developer for the lands would have to start at the beginning of the approval process.
