Another developer has appealed the City of Burlington’s failure to make a decision on its development application. At the very least, the appeal removes further opportunity for public input.
“Our entire community is deeply disappointed with our councillor, mayor, and the City Planning Department for allowing this situation to drag on for years,” said Doug Stewart, leader of the Tyandaga Community Coalition.
In 2020, FGL Kerns Inc. submitted an application to the city to build a four-storey retirement home with 123 units and underground parking at the southwest corner of Kerns Road and Four Seasons Drive. A small retail plaza currently occupies the site. The city hosted a Statutory Public Meeting about the application in 2021, and there were behind-the-scenes negotiations, but no decision was ever made.
The developer is appealing because the city failed to make a decision within the statutory time limit.
The proposed development galvanized nearby residents into forming the Tyandaga Community Coalition to fight against the plan.
“This huge monstrosity of a building destroys the community here in Tyandaga. …We feel we are being robbed of what belongs to us. …We cannot build fences, we cannot plant trees high enough or mature enough to completely hide, protect, and shield our neighbourhood from being exposed and violated by this proposed development,” said one resident.
The appeal now places the issue into a confidential legal mode, essentially eliminating further public input.
“The city and its employees have been negligent in not protecting our neighbourhood. As residents and taxpayers, we have had almost no support and we have been left in the dark as to what opinions the city has to date. Now, because of this lack of action, the decision has been removed from the city and passed on to a provincial authority. Our community feels badly let down by the city and we continue to receive zero support and no insight from the city,” commented Stewart.
Ward 1 Councillor Kelvin Galbraith, in announcing the appeal, reminded his constituents that several neighbourhood meetings were in fact held about the application, resulting in a reduction in the proposed height from five to four storeys.
Galbraith also claims that the situation is complicated by the fact that the application is based on the city’s old Official Plan because the new Official Plan is also being appealed and is not in force.
“Having planning staff do the analysis on an application with the old plan may force refusals where they may be accepted based on the new plan.”
Also in Ward 1, the city failed to make a decision on an application for redevelopment of the Solid Gold site in Aldershot. That too was appealed resulting in a behind-the-scenes negotiation, with no public input, leading to a taller building than originally proposed.
