Two 30+ storey twoers that a developer wanted to build at the bottom of Brant Street where the Waterfront Hotel exists has lost their appeal.

By Pepper Parr

October 18th, 2024

BURLINGTON, ON

2020 Lakeshore Inc., loses its appeal to the Ontario Land Tribunal.

Request to amend the Official Plan – Refusal of request

Details will follow on why the appeal of the developers application.

The applications propose to demolish the existing hotel and restaurant and construct a new mixed- use building in a 2-tower format atop a 5-6 storey podium, with tower heights ranging from 30-35 storeys, and associated underground parking.

Property Address:  2020 Lakeshore Road

Application to amend the Zoning By-law – Refusal of application

Description:

The applications propose to demolish the existing hotel and restaurant and construct a new mixed- use building in a 2-tower format atop a 5-6 storey

podium, with tower heights ranging from 30-35 storeys, and associated underground parking.

THIS MATTER, in respect of appeals filed by Burlington 2020 Lakeshore Inc. pursuant to s.22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, in respect of planning applications requesting amendments to the City of Burlington’s Official Plan and Zoning By-law 2020, as amended, to permit intensification in the form of a mixed-use, high- density, tall building with two towers of 31 and 36 storeys in height on the property known municipally as 2020 Lakeshore Road, in the City of Burlington;

AND THE TRIBUNAL having held a 10-day Hearing, over the period of April 29, 2024 – May 17, 2024, at which time the Tribunal heard and received opinion evidence on the planning applications from 10 experts, in the fields of land use planning, land economics, urban design, landscape architecture, transportation, and wind impact studies.

AND THE TRIBUNAL having arrived at its decision on the planning applications before it in the Hearing;

AND THE TRIBUNAL finding that the planning applications do not satisfy the statutory requirements under the Planning Act, R.S.O. 1990, c. P. 13, as amended;

INTERIM ORDER

 THE TRIBUNAL ORDERS THAT the appeal is dismissed and the requested amendment to the Official Plan for the City of Burlington is refused.

AND THE TRIBUNAL FURTHER ORDERS THAT the appeal is dismissed and the requested amendment to City of Burlington By-law 2020, as amended, is refused.

The effective date of the Tribunal’s Decision and Order is October 17, 2024. Written reasons for the decision will follow.

 

 

 

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18 comments to Two 30+ storey towers that a developer wanted to build at the bottom of Brant Street where the Waterfront Hotel exists has lost their appeal.

  • shari

    Maybe it was rejected because Molinaro does not want it….

  • Blair Smith

    I’m afraid that this will be just a delay in the inevitable, not a true victory for an open and accessible waterfront. Vrancor will, I believe, return with a different proposal that may or may not be opposed by the City but will almost certainly maximize their investment in a very valuable property. Three buildings of 10 storeys with a 3 storey street level atrium for example. It may be more attractive but it will still restrict access, occlude sightlines to the lake and create even more traffic congestion in the ‘downtown bottleneck’. This is certainly NOT a victory for public engagement and consultation; it is just a failure of the developer’s legal team to do their job. It will not happen a second time.

    • Citizen's PLAN B

      With >90% of OLT cases ruled in favour of developers, this is definitely a victory for Burlington, worth celebrating. What happens next is pure speculation.

    • Anne and Dave Marsden

      Good news but as you and others say not the end of the fight.

    • Lynn Crosby

      Exactly. We lucked out because someone at Vrancor made an error and didn’t file the revised plans in time. The tribunal doesn’t care about engagement nor what the public likes or doesn’t like and either does council – if they did we wouldn’t have a ruined downtown about to get further ruined by the developments coming to the (shamefully unprotected) nearby “football” lands.

      The tribunal does need to ensure that essential rules are followed with procedures and applications and this time they weren’t. Had they been, we’d be getting two huge towers – whether they would be 30 storeys or 24 and whether they’d be located where the developer wanted them or a few feet to the east, doesn’t matter in the end, in my opinion.

      Curious to see what Vranich/Vrancor does next.

      Editor’s note: The failure to file the document was not at the Vrancorp level – it was the developers planners that failed to file the document. Beausfield (SP)

    • Blair (not trying to get contracts with the City) Smith

      Yes I admit that it is. I thought that was what a comments section was all about – the ability to opine and speculate. In my very humble but informed opinion, this is only a temporary ‘stay of execution’. BTW, if people would care to look at Plan B for the site, it was only slightly less awful than the Vrancor proposal – again, my opinion.

  • Lynn Kirouac

    Love the patio at the Waterfront Hotel. Glad to see it left alone.

  • Gary Scobie

    Wins by the City on high rise developments at the OLT are very rare. Citizens should be aware that the citizen group Plan B has worked for years on this file to improve whatever the end result will eventually be so that it is respectful to the location beside Spencer Smith Park, to viewing corridors for the public from north of Lakeshore Road and to the private interests involved in replacing the current Waterfront Hotel.

    Kudos to Plan B and to the City’s Planning Department staff for their lengthy fight to limit the size, bulk and alignment of any development so that it compliments the location at the waterfront rather than mocking it. And thank you to the OLT for making a righteous decision on this case when faced by pressure from its bosses at the Province to build big and build high, no matter what the public interest.

    This development is not dead, but at least some of the limits of its breadth are now better limited to proper planning oversight and restrictions. A good day for citizen engagement!

    • Don Fletcher

      Well said, Gary.

    • Tom Muir

      Just want to chime in for Gary’s comment.
      This is good news but it really did take a lot of people work, for a long time, and the planning department staff really did keep up the fight for the planning vision they held onto from years ago. I read their stuff back then.

      Agree that this is far from over. The site still remains what it was, or still is, so watch out for something else boldly challenging, and more, to come down the pipe.

  • Lynn Crosby

    Wow, a rare loss for Darko Vranich. Very good news. Wonder what Vranich/Vrancor will do now.

  • Mary

    That is very good news. The last thing Burlington needs is another condo. Traffic is horrendous. Keep them out forever,

    • Anita

      Excellent. Finally, common sense and what is good for the City and its residents, and for the downtown community as a whole, has finally prevailed.

  • Sheila

    This is very good news indeed!

  • Citizen's PLAN B

    We at Citizen’s PLAN B are keen to receive the detailed rationale for this decision, which will hopefully inform any future application for the redevelopment of the Waterfront Hotel property. In the meantime, we rejoice in this highly progressive and gratifying decision for Burlington.

  • Cecilia Bailey

    Good news!

  • Perryb

    Write off the downtown and lakefront now.

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