REPRESENTATIVE PROJECTS

ESTABLISHING AN AIRPORT OPERATING AREA
Toronto’s Pearson International Airport is the most important infrastructure facility in the GTA. For the Greater Toronto Area Airports Authority (GTAA), we provided planning advice in the process that established an Airport Operating Area. This “land use planning line” follows aircraft noise contours as closely as possible and has two primary purposes: to provide a well-defined area for aircraft operations and to indicate where aircraft noise levels result in an environment unsuitable for housing and other noise-sensitive land uses. The process for establishing the “line” involved extensive consultation with GTAA noise experts and planners in surrounding municipalities. Mr. Burns was a key witness at three lengthy OMB hearings concerning six municipal Official Plans.

RAILWAY LANDS REDEVELOPMENT
Toronto’s former downtown railway lands will be the next “King and Bay” of the country’s largest city. Over the past years, Mr. Burns has provided Marathon Realty Company Ltd (now Fairmont Hotels and Resorts) with both general and specific planning advice and opinions relating to their proposed mixed-use redevelopment project on the eastern half of downtown Toronto's Railway Lands. Mr. Burns was retained as Marathon's planning witness in its successful appeal of proposed changes to the Part II Plan for this area to the OMB. Subsequently he was involved in refinements to the plans as a result of the introduction of the Air Canada Centre. Mr. Burns was also retained by the National Basketball Association to conduct a “briefing watch” to report back to the league regarding the approvals being pursued by the Toronto Raptors

THEME PARK PLANNING IN AN URBAN SETTING
For Paramount Canada's Wonderland, SBPC has provided planning advice over a number of years. This has included presenting planning evidence to a real estate arbitration panel. Also, we were responsible for preparing comprehensive amendments to the City of Vaughan official plan and zoning by-law for Paramount’s total property holdings in Vaughan. Professional planning and economic development evidence was subsequently presented to the Ontario Municipal Board.

ENVIRONMENTALLY SENSITIVE AREA PLANNING
For the Region of Halton and the City of Burlington, provided expert planning testimony at the Ontario Municipal Board concerning the North Aldershot area. Leading up to the hearing, Scott Burns directed the North Aldershot Inter-Agency Review of the area, an extensive stakeholder-based planning process resulting in an Official Plan amendment and zoning by-law for the area and adoption of planning principles by the various levels of government involved. A settlement was reached during the first portion of the Hearing and presented to the Board.

RE-USING INSTITUTIONAL BUILDINGS
For the Ontario Ministry of Government Services and Humber College, provided expert planning testimony before the Ontario Municipal Board concerning a proposal for a 1,350 housing unit development, plus schools and parks, and redevelopment of the former Lakeshore Psychiatric Hospital Lands on the waterfront in south Etobicoke. The proposal included the relocation of Humber College into the historic quadrangle of hospital buildings.

NON-PROFIT HOUSING
For the Supportive Housing Coalition, was retained to examine the larger planning policy context of an application in the Dundas-Carlaw area of Toronto. Evidence was given at an Ontario Municipal Board hearing involving the need for residential development in the City and the redesignation of employment land. The analysis involved both an assessment of broader policy objectives as well as an analysis of the site and area. The project is built.

HOUSING AT EDGE OF EMPLOYMENT AREA
For a private landowner-developer, provided expert planning and economic development evidence before the Ontario Municipal Board concerning a mixed-use redevelopment that included a non-profit housing project and a multi-storey industrial building. The project, located in the Junction Triangle area in West Toronto, was approved and has been built.

MIDTOWN LOFT CONDOMINIUMS
For a developer of a condominium project, acted in support of a motion to dismiss an appeal of approval by the Committee of Adjustment for their loft condominium project on Merton Street (Yonge & Davisville) in the City of Toronto. The Ontario Municipal Board found the appeal to be without merit and for the purposes of delay, and therefore dismissed the appeal and approved the applications without a hearing.

URBAN EXPANSION AREAS
For Paletta International Corporation, provided expert planning and economic development testimony at an Ontario Municipal Board hearing in the then newly-amalgamated City of Hamilton. The hearing centred on a possible urban boundary expansion to permit new residential development. The Paletta Corporation and a number of other landowners objected to a City proposal to expand the urban boundary and argued that this new residential development should instead be accommodated within the existing urban boundary on their employment-designated lands. In the course of preparing the evidence, Mr. Burns prepared a detailed inventory of all employment lands in the City of Hamilton, and assessed their development status including the amount and nature of lands available for future development.

ASIAN ORIENTED RETAIL MALLS
For the Town of Richmond Hill prepared a study of Asian (primarily Chinese) retail formats that have been developed to serve consumers in suburban municipalities in the GTA. The new retail format had a number of characteristics that were quite different from conventional suburban shopping centres, including: condominium ownership; enclosed mall form regardless of size; large number of small units; absence of traditional anchor stores; high proportion of restaurants; and higher parking and traffic generation rates. The study was undertaken in response to an Interim Control By-law passed by the Town. Mr. Burns provided expert planning evidence on the Town’s behalf at the subsequent Ontario Municipal Board Hearing.

HIGH DENSITY TRANSIT ORIENTED DEVELOPMENT For the developer of a condominium proposal on Hayden Street (Yonge & Bloor), was retained to provide expert testimony before the Ontario Municipal Board. Evidence supported the increases in density that had been granted based on the provision of assisted housing prior to the cancellation of funding through Provincial programs.

SHOPPING CENTRE DEVELOPMENT For a private developer in London, Ontario, was retained to prepare planning evidence for a hearing concerning two shopping centre developments. The hearing was adjourned after the evidence was exchanged. A revised proposal was then prepared and a hearing of reduced scope was held. Evidence focused on the planning policy framework and the appropriateness of substituting housing development for part of the original shopping centre proposal.

CULTURAL CONSIDERATIONS IN PLANNING For a number of business owners in the Town of Markham, conducted research and prepared evidence for an Ontario Municipal Board hearing concerning an adjacent funeral home proposal. The issue in this hearing was unique: proximity to a funeral home, whether one’s home or business, is unthinkable according to Chinese cultural tradition. At the hearing, Mr. Burns presented evidence, in addition to a professor from the University of Toronto, as to this issue and argued that it should be a consideration in the planning decision-making process. During the hearing, a public night was held and a number of the employees of the businesses and also a number of residents appeared before the Board and expressed their profound concern about the proposal. The Board did agree that cultural issues were part of planning, but found that cultural issues were not part of the Official Plan policy regime of the Town of Markham which was in effect with respect to this funeral home proposal and approved the proposal.