THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER A By-law to amend By-law 2020, as amended; File No.:

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1 THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER A By-law to amend By-law 2020, as amended; File No.: THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON HEREBY ENACTS AS FOLLOWS: 1. Part 1, General Conditions and Provisions, Section 2.30, Lands Adjacent to Lake Ontario and Burlington Bay, paragraph (i, is hereby amended by deleting the words "a minimum 20 m" and substituting the words "the applicable setback requirement contained in the base zoning" therefor. 2. Part 5, Mixed Use Corridor Zones, Table 5.2.1, sixth row, third column, MXC zone, is hereby amended by deleting the check mark "Large Building Supplies/Garden Store" in this cell. If no appeals to this by-law are filed pursuant to the provisions of the Planning Act, this by-law shall come into force on the day it was passed. If one or more appeals are filed pursuant to the provisions of the Planning Act, as amended, this By-law does not come into force until all appeals have been finally disposed of, and except for such parts as are repealed or amended in accordance with an order of the Ontario Municipal Board this By-law shall be deemed to have come into force on the day it was passed. ENACTED AND PASSED this 15 th day of June MAYOR TING CITY CLERK

2 EXPLANATION OF PURPOSE AND EFFECT OF ZONING BY-LAW By-law is an amendment which: 1. decreases the minimum setback of buildings from the shoreline of Lake Ontario and Burlington Bay from 20 m to the minimum setback contained in the base zoning, provided the approval of Conservation Halton is obtained; and 2. deletes the use "Large Building Supplies/Garden Store" from the MXC (Mixed Use Corridor Commercial Corridor zone. For further information regarding this by-law, please contact Mr. Brian Chire of the City of Burlington Planning Department at ( , extension 7787.

3 CITY OF iiurlington... Memo To: N. Shea Nicol, City Solicitor & Director of Legal Services J. S. Shoukri, Chief Building Official B. Woodward, Planning/Graphics P. Carrey, Development Clerk (3 copies A. Budz, Records Co-ordinator From: Jennifer Shaw, Committee Clerk Date: October 13, 2009 Subject: By-law A By-law to amend By-law 2020, as amended; to decrease the minimum setback of buildings from the shoreline of Lake Ontario and Burlington Bay and to delete the use of "Large Building Supplies/Garden Store" from the MXC zone. Files: and The Ontario Municipal Board has advised the Clerks Department through Decision Order dated October 5, 2009 (PL et al, that the appeal by the TDL Group Corp has been withdrawn, and there being no outstanding appeals in this matter, the by-law is in full force and effect. Attached is a copy of By-law and affidavit certifying that the by-law came into effect on the date of its passage being June 15, Copies of the Board's Order advising of the withdrawal of appeal are also attached. JS/lp Attachments s:\clerks\notices\affidavit c. Mark Meneray, Commissioner of Legislative & Planning Services, Region of Halton, 1151 Bronte Road, Oakville, ON L6M 3L1

4 .r ISSUE DATE: Oct. 05, 2009 Ontario Ontario Municipal Board Commission des affaires muniiipa_qp l'ontkip PL P L IN THE MATTER OF subsection 17(36 of the Planning Act, R.S.O. 1990, C. P. 13, as amended CITY Evergreen Community (Burlington Ltd. Nelson Aggregate Co. Paletta International Corporation TDL Group Corporation, et. al. Subject: Proposed Official Plan Amendment No. 55 Municipality: City of Burlington OMB Case No.: PL OMB File No.: PL IN THE MATTER OF subsection 34(19 of the Planning Act, R.S.O. 1990, c. P. 13, as amended Subject: Municipality: OMB Case No.: OMB File No.: Emshih Developments Inc. Kau & Associates Limited Partnership, and CPD Developments Paletta International Corporation Ontario Limited, et. al. By-law No City of Burlington IN THE MATTER OF subsection 17(36 of the Planning Act, R.S.O. 1990, C. P. 13, as amended Subject: Municipality: OMB Case No.: OMB File No.: TDL Group Corporation Proposed Official Plan Amendment No. 55 City of Burlington PL PL IN THE MATTER OF subsection 34(19 of the Planning Act, R.S.O. 1990, c. P. 13, as amended Subject: Municipality: OMB Case No.: OMB File No.: TDL Group Corporation By-law No City of Burlington IN THE MATTER OF subsection 34(19 of the Planning Act, R.S.O. 1990, c. P. 13, as amended Subject: Muni Gipality: OMB Case No.: OMB File No.: TDL Group Corporation By-law No City-of Burlington PL PL090599

5 PL et al APPEARANCES: Parties City of Burlington Region of Halton Evergreen Community (Burlington Ltd. Paletta International Corporation Ontario Ltd., Ontario Ltd. and Ontario Ltd. The TDL Group Corp. Kau and Associates Limited Partnership, CPD Developments and Ontario Ltd. Conservation Halton Embee Properties Ltd. and Javic Developments Ltd. Nelson Aggregate Co. Niagara Escarpment Commission Town of Oakville Counsel B. Ketcheson B. Hurley D. Germain S. Mahadevan S. Snider (not present L. Townsend L. Farber J. Wigley S. Rosenthal (not present J. Kahn J. Thompson J. Huctwith Participant Save Our Waterfront Marianne Meed Ward MEMORANDUM OF. ORAL DECISION DELIVERED BY J. R. AKER ON SEPTEMBER 29, 2009 AND ORDER OF THE BOARD Today is-the-fotifth-prehearing conference. Mr. Ketcheson, counsel for the City of Burlington (City, provided an update on the status of the various appeals and any ongoing settlement discussions.

6 - 3 - PL et al Ms Thompson, counsel for the Niagara Escarpment Commission (Commission, expressed a concern that the parties did receive copies of Minutes of Settlement but did not receive copies of the draft order prior to any settlement hearing. Mr. Ketcheson stated that in the future the City would circulate all proposed settlements and draft order to the parties prior to a settlement hearing on the matter. With the consent of the parties, a fifth prehearing conference is scheduled for Friday, February 5, 2010 at 10:30 a.m. A hearing is now scheduled for the appeal of Kau and Associates Limited to commence at 10:30 a.m. on Tuesday, December 15, 2009 and three (3 days have been reserved on the Board's calendar. The location of all the above is Room 247, Municipal Building, 426 Brant Street, Burlington. This Member is seized for the above. No further notice is required. In a previous Decision/Order issued on April 6, 2009, Member S. Stefanko scheduled a hearing of the three appeals of TDL Group Corp. to commence on October 20, More on this hearing date later. Ms Marianne Meed Ward requested participant status for Save Our Waterfront. With the consent of the parties, the Board grants participant status to Save Our Waterfront for both the general appeals and the site specific appeals of TDL Group Corp. Ms L. Townsend, counsel for TDL Group Corp. (TDL, stated that her client is formally w[thdrawing their appeal against By-law (PL Ms Townsend,. stated that TDL may request costs against the City in the future related to the costs incurred in this matter. The - Board Orders that the appeal against By-law of the City of; Burlington is dismissed. The By-law is in full forte and effect. Mr. Ketcheson and Ms Townsend both requested, as a result of the reduction of appeals from these two, that Issues No. 1, 2. 3 and 4 could be removed from the Issues List. With the consent of counsel, the Board strikes Issues 1, 2, 3 and 4 from the Issues List of the TDL hearing.

7 PL et al Mr. Wigley, counsel for the Halton Region Conservation Authority (Conservation Halton, stated that, with the dismissal of the appeal of Issues No. 1, 2, 3 and 4 from the TDL hearing, there are no further issues and Conservation Halton is withdrawing as a party from the TDL hearing. As a result of the above, Mr. Ketcheson and Ms Townsend agreed that the entire nine (9 days previously scheduled were not necessary. With the consent of counsel, the hearing is now set to commence at 10:30 a.m. on Monday, October 26, 2009 and the location is Room 247, Municipal Building, 426 Brant Street, Burlington. Five (5 days have been reserved on the Board's calendar. This member is not seized. No further notice is required. The Board respects the efforts of the parties. The Board so Orders. "J. R. Aker" Acton Info Omiv toast! at Ars Mice Clots CoundNors Lifftte Col Strer r linatives Ensiceerh i Executive (-de CLERKS DEPARTMENT COPY TO Moon Resources LT.& Loyal MaYoes Office Pots & Rildell&Oh Planning & Building toads & Perks &taint. SARI busk& Polk I J. R. AKER MEMBER --I

8 DOMINION OF CANADA IN THE MATTER OF By-law A By-law to amend By-law 2020, as amended; to decrease the minimum setback of buildings from the shoreline of Lake Ontario and Burlington Bay and to delete the use of "Large Building Supplies/Garden Store" from the MXC zone. Files: and Province of Ontario Regional Municipality of Halton TO WIT: I, Jennifer Shaw, 426 Brant Street of the City of Burlington in the Regional Municipality of Halton DO SOLEMNLY DECLARE THAT 1. I am a Committee Clerk for the Corporation of the City of Burlington. 2. Pursuant to Section 34(1 of the Planning Act, 1990, as amended, the Council of the Corporation of the City of Burlington passed By-law on the 15 th day of June Pursuant to Section 34(18 of the Planning Act, 1990, as amended, I have caused written notice of the passage of By-law to be given in the manner and in the form and to the persons and agencies prescribed by the Regulations. 4. Pursuant to Section 34(19 of the Planning Act, 1990, as amended, the twenty (20 day period for the filing of Notices of Appeal expired on 9th day of July, On the 6th day of July 2009, a notice of appeal to By-law , was filed by the TDL Group Corp. C/o Lynda J. Townsend in the Clerks Department. 5. Pursuant to the Ontario Municipal Board's Decision Order of October 5, 2009 the Board has advised the Clerks Department that TDL Group Corp. has withdrawn its appeal against and there being no outstanding appeals in this matter, the by-law is in full force and effect. 6. Pursuant to Section 34(21 of the Planning Act, By-law is deemed to have come into force on the date of its passage, being the 15 th day of June AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of "The Canada Evidence Act" DECLARED before me at the City of Burlington in the Regional Municipality of Halt n thisdi.3 1 day of October ttf/4_, oner, etc. Jennifer Shaw

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER

THE CORPORATION OF THE CITY OF BURLINGTON A By-law to amend By-law 2020, as amended; for the property municipally known as 4173-4187 Upper Middle Road File No.: 520-11/08 WHEREAS Section 34(1) of the Planning