By Staff
October 5th, 2022
BURLINGTON, ON
“It seems that the City follows the same process over and over again and expects different outcomes. This is frustrating and the residents of Burlington are tired of the “in camera” nature of the decisions. How can we assess the City’s “best” when it is secretive. Trust is now an issue. This Council was elected partly on a promise of transparency.”
Millcroft residents are deeply concerned with changes a developer wants to make to the golf course their homes are built around. The plan is to add 98 homes to the site and a small medium rise apartment building. The homes are expected to sell in the $1 million plus range.
The development application is still in review by the Planning Department – the developer has taken the application to the Ontario Land Tribunal \9olt0
There are a number of players in the game; all with similar names.
The developers.
One of the two community groups
The other is the Millcroft Greenspace Alliance
We are asking Burlington’s City Council to pass a resolution at today’s special Council meeting to enable further discussions with the Province to protect this invaluable greenspace. Allowing the Millcroft Greens development application to proceed without this public declaration is unacceptable. Greenspace does not require studies or reports and this narrative from our elected officials is unacceptable.
Proposed City Resolution
The City of Burlington resolves to protect the Millcroft Golf Course property greenspace and its zoning of Major Parks/Open Space. We commit to working with the Province of Ontario, the Government of Canada and community groups to protect this mature tree canopy and green stormwater infrastructure consistent with our Climate Policies.
A significant number of taxpayers have requested that this application be stopped and further expense through an OLT hearing would be shameful.
We trust that our politicians will act responsibly and publicly state their position before the municipal election on this October 24.
It was to be a community built around a golf course – innovative at the time.
Mayor Marianne Meed Ward, who attended the community meeting, responded to the request by the Millcroft Greenspace Alliance for a council resolution that would be sent to the provincial government.
Meed Ward responded with the following
Thank you so much for reaching out on this critically important community issue. We all appreciate the great work, research and insights that the Millcroft Greenspace Alliance and Millcroft Against Bad Development groups have provided to us. Thank you also for engaging the Millcroft community, and beyond, on the issues at stake with the Millcroft Greens application. We’ve all heard from thousands of residents, and that input and lived experience will be very valuable for us once we are in a position to take a position on this matter.
You have asked Burlington City Council to pass a resolution about the Millcroft Greens development application, specifically to adopt a resolution to preserve the golf course prior to the Ontario Lands Tribunal Case Management conference on this matter in November.
Thank you for hosting and leading the Millcroft Greenspace Alliance public meeting last week, which myself and Councillor Stolte had an opportunity to attend to listen to residents, where I first heard of this proposed resolution. As you will recall, I was asked by residents and permitted by you and the organizers to speak and answer their question about the resolution.
I provided the following comments at that meeting but restate them here with some additional information, so you have a written copy. Feel free to share this with any of your members or neighbours who may have similar questions about such a resolution.
Such a resolution would be both ineffective and damaging to the city’s case, and to community interests.
Passing a resolution now would be ineffective, because no resolution from council can legally stop the OLT process that is underway. That hearing will continue, and a decision will be made there. Additionally, current council members cannot bind future councils. Any resolution passed by this council could be undone by a future council. The new council will need to take their own position on this matter and direct staff to defend that position at the OLT.
Passing a resolution now would also be damaging to the city’s case at the Tribunal because the Tribunal doesn’t look kindly on positions that are arrived at without the benefit of completing the full review, in a fair and impartial way to all parties. Such a resolution would be seen as circumventing the review process, and would not be based on any informed reports and recommendations from our own staff, because we don’t have them yet. It would be viewed as a purely political move by incumbents in an election to save their seats.
This is not how we do planning in Burlington. Circumventing the process, giving the Tribunal reason not to support whatever position we do ultimately take, would go against community interests – not help them.
Right now, we are waiting for staff to complete a full review of the application, including all relevant studies and community feedback. That review is not yet complete given the nature of this project on a flood plain and greenspace – which is different from any other project we have received which are usually tear downs/rebuilds of existing buildings, without the same complex issues.
That is why this project has taken longer than others for our staff to properly review, and come to an informed recommendation to bring to council.
Mayor Meed Ward: “We serve the community’s interests best by allowing staff and the independent consultant who reviewed the flood plain studies, to complete their work, and bring a recommendation to council.”
We serve the community’s interests best by allowing staff and the independent consultant who reviewed the flood plain studies, to complete their work, and bring a recommendation to council. This is expected in December or more likely January of 2023. Council will then be in a position to take a well-informed position, backed by expert studies that can be defended at the Tribunal. To short circuit that process for political gain during an election period would hinder the city’s case at the Tribunal, which isn’t in anyone’s best interests.
What I can tell you, though, and what I shared at the meeting, are the principles I hold that will be front and centre in evaluating any recommendation from staff and ultimately the position I will take on this matter. Council does have the prerogative to take a position that is different from the staff recommendation.
These principles include: this is on greenspace (which we need more of in Burlington, not less); it’s on a flood plain which serves as natural storm water management (and our experience in the 2014 flood reminds us how important natural storm water management systems are); the biodiversity of plants/animals on the course; the trees that would be lost, at a time we are trying to increase our tree canopy; and the fact that this isn’t in an identified growth area of the city – we can accommodate our share of growth at GO stations, retail plazas and other strategic areas of the city, without impacting greenspace. I believe many of these issues will be central to the case at the OLT.
Finally, it’s also important to note that the case management conference isn’t the hearing. The case management conference will identify the issues to be discussed (some of which are likely the ones I’ve outlined above), what expert witnesses need to be called, and as a result how long the hearing will need to be. Then a hearing is scheduled. That hearing is unlikely to get into the Tribunal calendar before fall of next year. There is no need to rush this, to our own detriment.
My position on the OLT is that it is an undemocratic, ineffective and inefficient body that should be abolished. I brought a motion to Regional Council in 2019 to eliminate the OLT (then called the Local Planning Appeal Tribunal) which was unanimously approved, and that remains Regional Council’s position. Read more here: https://mariannemeedward.ca/halton-regional-council-unanimously-supports-resolution-from-burlington-and-halton-hills-mayors-to-eliminate-lpat/
As a delegation at the Association of Municipalities of Ontario conference, myself and other members of council met with Provincial Attorney General Doug Downey and advocated for reforms of the Tribunal. We will continue to do so.
I have never avoided, nor has anyone on this council, making tough development decisions. Based on the unanimous support for the resolution to abolish the OLT, we all would like the OLT to get out of our way, get out of our democratic process, and let us make these decisions, with full participation by our community and accountability by elected representatives for our decisions. I will stand behind all the decisions I’ve made, and you can see what they are because I tell people how I voted and why in my monthly newsletter, so residents can hold me to account. Decision-making should always rest with local councils, our professional and qualified staff, and the community, for maximum accountability and democracy. I will continue to fight for that and I will continue to be transparent with residents about every vote I cast on every development.
In due course, once our professional staff have completed their review and brought a recommendation forward to council, council will take a position and direct our staff to defend that position at the Ontario Lands Tribunal. The public will be aware of our position, and the rationale behind it. We will follow this process, because it’s the best way to protect community interests, your interests.
Daintry Klein followed up with
Marianne
Daintry Klein: Millcroft Greenspace Alliance
Thank you for your response. I am hearing the narrative and I am following the ongoing development outcomes in the City of Burlington.
I am also following what is happening in other municipalities to see how outcomes can be different.
It seems that the City follows the same process over and over again and expects different outcomes. This is frustrating and the residents of Burlington are tired of the “in camera” nature of the decisions. How can we assess the City’s “best” when it is secretive. Trust is now an issue. This Council was elected partly on a promise of transparency.
We cannot afford to lose another City planning decision at the OLT, particularly of such importance to our health and well being, and we are imploring you and the rest of Council to look beyond to find a positive outcome. We are asking that this Council stretch beyond its current perceptions and explore what can be possible rather than continuing to tell us what isn’t.
A previous Council enacted OPA 117 to protect our City and its residents. The current Council appears to be ignoring their responsibility to uphold it. Consideration of future Council decisions does not absolve this Council from responsibility for its (in)actions and decisions.
Our understanding from planning experts is that obtaining a political intervention such as we are looking for here is different from the “technical” process of the planning stream which ends with the OLT. A delay by this Council of making a public declaration precludes the political process of the Province assisting with a solution. We have proposed a possible solution to our MPP but she is unable to help without the City’s initiative. With the pending election and interruption of Council’s cycle of business it is more critical than ever that Council proceed with a resolution ahead of the pending OLT hearings. We have little to lose given the City’s record at the OLT.
The Millcroft Property is different from other areas which are zoned for development. It is becoming clearer by the day that the tree canopy as well as the benefits of the grass, “green infrastructure” cannot continue to be hacked and slashed. Replacement small saplings that may or may not survive, and hardened surfaces that cause further problems for climate change will have an exponentially negative impact on our City. No studies change the nature of greenspace.
Lastly, the engineering studies completed in the 1980s were definitive that this greenspace should never be built on. There should be nothing new that would lessen that impact given climate change and the severity of the weather. While the updated mapping is important, we will be reviewing the parameters closely as very recent experience is challenging the previous thinking on the 100 year storm. New precedents are looking at 200 year storm events. In addition, the parameters of studying the downstream impacts are critically important. Our City has substantial drainage and flooding issues which are the responsibility of Council and the City.
The site has a story book setting and w storm water management program that works very well. The addition of 98 new homes would change the balance and put everything at risk.
To be clear, passing a resolution could enable a possible alternative positive outcome without the costs and risks of the OLT. There is no indication that the OLT will change so that is not a concern to this file.
Regards,
Daintry Klein
Council met on Tuesday and did not pass a resolution. The matter wasn’t even on the agenda.
Related news feature
It is a big story – a community could be destroyed
