ADI tactically revises plan

ADI tactically revises plan

Adi Developments, try the developer that is proposing to build a 28 story mega-build in downtown Burlington at the base of Martha Street at Lakeshore was rejected by the city and residents last year and so has appealed to the OMB (Ontario Municipal Board).

It is a typical tactic among developers that present unreasonable plans which grossly contravene zoning and by-laws to aim high and then pretend to make concessions during the OMB hearings. In the OMB Case No. PL150274- 374 Martha Street between the City of Burlington and Adi Developments, store Adi has done just that.

They are offering to reduce the 28 stories down to 26 and pull in the waistline of the build so as to not overhang and encroach on adjacent properties as per the original plan presented in 2015.

What remains still is a massively oversized building that doesn’t address the City’s or residents’ needs or suit the official planning guidelines. Residents of Burlington hope that the City of Burlington as well as the Ontario Municipal Board can see clearly that the plan is ostensibly still the same that was rejected by the city and a egregious crime against the process of reasonable and smart development in Burlington.

For more information, read what the solicitor for the City of Burlington has to write about the process of the recent concession:

From: Hurley, Blake <Blake.Hurley@burlington.ca>
Sent: Tuesday, January 5, 2016 3:06 PM
Subject: OMB Case No. PL150274- 374 Martha Street

Hello,

I am writing to provide a short procedural update to those people registered as participants or presenters in the Ontario Municipal Board hearing regarding Adi Development Group Inc.’s applications for development at 374 Martha Street. As many of you know, the OMB prehearing conference that had been scheduled to take place on December 4, 2015 by way of telephone conference did not proceed due to technical difficulties with the Board’s teleconferencing system. As a result, the Board subsequently canvassed the parties to the hearing (including the City) about what the parties had intended to discuss during the pre-hearing conference, and whether a rescheduling of the prehearing conference was necessary. The City advised the Board that eight participants were in attendance and ready to take part in the prehearing conference, and that while the scheduling of a further prehearing conference was not necessarily required, the participants sought confirmation from Adi with respect to any revisions to the proposal it was seeking the Board’s approval of, and the materials supporting those changes, in order to assist in the preparation of participant statements due to the Board and parties on January 11, 2016. To date, the parties have not received a response or direction from the Board as to how this confirmation/information was to be provided to the participants.

In accordance with the procedural order approved by the Board in this matter, the parties exchanged witness statements on December 21, 2015. In Adi’s witness statements, its expert witnesses confirmed that Adi is seeking approval for a revised proposal that differs somewhat than what was proposed in its applications. The revised proposal:

– Reduces the height of the building from 28 to 26 stories;
– Reduces the residential unit count from 226 units to 192 units;
– Deletes the proposed encroachment of the building out over the City road allowance;
– Reduces the number of levels of underground parking from 5 levels to 4 levels;
– Reduces the floor area ratio from 12.5:1 to 11.1:1
– Reduces the number of vehicle parking spaces from 218 to 196;

as well as a number of other technical and design changes.

Given that the parties have not received any direction from the Board, and that the participant statements are due on January 11, 2016, the City has added .pdf format copies of the background documents and reports in support of these revisions to the 374 Martha Street update page of the City’s website today. These further documents/reports in support of the changes noted above are found under the heading “Revised Supporting Documents”, and include a planning justification addendum, architectural drawings, a landscape plan, a traffic impact study, a servicing and stormwater report, and a parking study. The 374 Martha Street page of the City’s website is located at the following link:

http://www.burlington.ca/en/services-for-you/Adi-Developments374-Martha-Street.asp
While the revisions may or may not substantially change or alter your opinion and concerns with respect to the proposed development, it is these revisions that will be before the Board for approval. Therefore, in preparing your participant statement, you will want to refer to your concerns with respect to the revised proposal, not the originally proposed 28 storey building. I have attached a copy of the procedural order in this matter. Attachment ‘1’ to the procedural order lists the email addresses of legal counsel for all of the parties in this matter. You will want to email or mail your completed participant statements to each of the parties’ legal counsel, and to the Ontario Municipal Board caseworker in this matter, Mr. Raymond Borja, at Raymond.borja@ontario.ca. As noted above, the participant statements are to be provided by 5:00pm on Monday January 11, 2016.

If you have any questions regarding this, let me know and I can assist where I am able to.

Blake O. Hurley
Assistant City Solicitor
City of Burlington
426 Brant Street, P.O. Box 5013
Burlington, ON L7R 3Z6

NOTE NEW EMAIL ADDRESS: blake.hurley@burlington.ca
Phone: 905.335.7600 ext. 7611
Toll Free: 1.877.213.3609
Fax: 905.335.7842