Re: ERO #026-0551 - Request…

Re: ERO #026-0551 - Request for a Minister’s Zoning Order for Residential Uses in the City of Burlington

Thank you for the opportunity to provide comments on ERO #026-0551.

Based on the information available within the Environmental Registry of Ontario Posting #026-0551, municipal staff have the following general comments that form the basis of this submission on behalf of the Community Planning Department at the City of Burlington.

Conflicting Ministerial Zoning Order Requests

On April 13, 2026, a Ministerial Zoning Order (MZO) Framework Request was submitted by the City to the Minister of Municipal Affairs and Housing. The requested MZO would apply to all remaining lands in the Millcroft Golf Course outside of the 2025 Ontario Land Tribunal (OLT) decision. Specifically, the City’s request would prohibit every use of land and every erection, location or use of any building or structure except those specifically permitted by the current O1 Open Space Zone in Zoning By-law 2020. This would align with the City’s land use vision for these lands, as identified in the City of Burlington Official Plan, for open space uses.

To date, no decision has been issued on the City’s April 2026 MZO request, however, ERO #026-0550 – Request for a Minister’s Zoning Order to Preserve Open Space Uses in the City of Burlington, has been posted and is open for public comment until July 22, 2026. This request seeks to maintain the open space uses on the lands and is fundamentally incompatible with the current requests made by Millcroft Greens Corporation (the applicant), which are premature until a decision has been made on the City’s MZO application.

At the same time, the City must make a decision on the new applications within its legislated development processing timelines. It is staff's view that separately processing the Planning Act applications and the MZO request by Millcroft Greens Corporation, especially while the City’s MZO request remains open, creates confusion and contradictions in the land use planning process for these lands.

The City’s vision for these lands, as articulated in the Official Plan, is for open space. It is the City’s position that the MZO request by Millcroft Greens Corporation should be refused, the Official Plan Amendment (OPA) and draft plan applications withdrawn, and the City’s MZO application approved.

In the absence of clarity regarding the City’s MZO application, staff offer the following supplementary comments on the MZO request made by Millcroft Greens Corporation.

2155 Country Club Drive

Burlington municipal staff recommend a refusal of the MZO request made by Millcroft Greens Corporation for lands at 2155 Country Club Drive.

The majority of the proposed development is within or adjacent to Conservation Halton Regulated Areas. Other than a location map, the MZO has no supporting materials to understand the developable area or to demonstrate that the proposed residential development will not be located in a hazard area in accordance with the Provincial Planning Statement (PPS).

It is understood that an MZO is exempt from compliance with provincial policy including the PPS. However, given the potential health, safety, financial, and environmental risk for residential development within flood hazard areas, along with any downstream flooding impacts, it would not be in the public interest to ignore provincial policy including the PPS.

Housing Unit Potential

The City of Burlington is a built out municipality and is expected to grow significantly through infill within the current Urban boundary. The City has examined residential intensification potential throughout the City as part of a recent population and employment forecasting exercise based on the Official Plan framework.

The City’s Official Plan establishes a Growth Framework within the Urban Area. The growth framework, along with the Urban Structure and land use policies, together describe where significant change and growth is expected as well as where long term protection is key. Areas like the City’s Natural Heritage System, natural hazards and major parks and open spaces are identified to be protected over the long term. Alternatively, the areas that are identified for change and growth are well aligned with provincial and other levels of goverment investments in transit and existing community infrastructure like schools and hospitals.

Analysis on residential intensification potential considered the Established Neighbourhood Area, Primary and Secondary Growth Areas and new Designated Growth Areas. When taken together these areas were identified to have a potential housing unit supply estimated at approximately 106,000 units. This potential far exceeds the anticipated housing growth of 35,400 units forecast from 2021 to 2051. Please refer to this link for more details on the City’s Growth Analysis Review. The significant housing unit supply potential in those areas identified for change will support housing unit growth beyond 2050.

Understanding the City’s Pipeline

The City has spent considerable time monitoring its development pipeline. Based on the Pipeline to Permit dashboard as of June, 26,2026 the City currently has:

• 23,471 residential units in pre-application stage
• 13,088 residential units under review
• 2,321 residential units appealed to OLT
• 9,067 residential units waiting to submit for site plan application

The above confirms that there is strong interest from industry for residential development in the City and it has a healthy balance of residential units across the development approval spectrum. Equally important, the above noted residential units are located in areas where the City expects development to occur so that investments in community infrastructure and mobility are optimized.

Development Charges and the City’s Housing-related Community Improvement Plan

Burlington has already taken meaningful, Council-approved action to support housing
supply, affordability and complete communities. This includes a 28 per cent reduction to
residential development charges already in effect. The City of Burlington Housing
Community Improvement Plan (CIP) has also been amended to establish a suite of
temporary programs with a focus on incentivizing development during a challenging
time for the development industry and to support the creation of new housing units
aligned with Burlington’s housing needs and objectives. The programs include
Development Charge grants, fee waivers, tax increment equivalent grants, and other
housing-related incentives.

The City received applications for an OPA and Draft Plan of Subdivision (DPS) on June 5, 2026 and has 120 days to meet its legislated timelines and issue a decision. As the closing date for the Millcroft Greens Corporation MZO is July 5, 2026, a minimum of 30 of the 120 days to process the OPA and DPS will have passed without zoning clarity for staff to process the OPA and DPS.

The City’s primary position is that Burlington’s 2026 MZO request should be approved and the applicant’s MZO request refused. The following comments apply only in the event of the refusal of the City's 2026 MZO application.

To ensure the orderly processing of the development applications, a Zoning By-law Amendment (ZBA), including all technical supporting materials, should also be submitted to the City for review. The ZBA will ensure a complete, transparent, and public development review process at the local level and can be considered in an integrated manner with the OPA and DPS.

There is already a provincial appeal mechanism through the OLT for municipal decisions on development applications. An MZO request is not required for the Province to have oversight on the decision-making process for this development.

The legislative processing timelines for the OPA and DPS should restart so that the OPA, ZBA and DPS are reviewed holistically and within the same legislated processing timelines.

4274 Dundas Street

Burlington municipal staff also recommend a refusal of the MZO request by Millcroft Greens Corporation regarding 4274 Dundas Street.

The City does not object to the merits of the proposed changes for 4274 Dundas Street; it does object to the process to implement through an MZO request and recommends refusal.

The request to add a long-term care and retirement home as a permitted use while applying the OLT-approved regulations for an apartment building is appropriate as the built form and intensity of use would not increase.

The MZO request does not, however, provide a parking utilization study or technical materials to support the requested parking rate for the proposed land uses. As a wedge shaped property that is bound by a major arterial road to the north, a major utility corridor to the south, and an established condominium development to the west, it is isolated from the surrounding community. There are no nearby on-street parking options available for this property, so it is critical to ensure that an appropriate parking rate is applied to the development. The proposed parking rate would be best considered as part of the suggested ZBA application identified above, with the appropriate parking utilization and technical materials to support the request. It is not the City’s objective to frustrate long-term care and retirerment home developments with excessive parking rates, rather it is to ensure that these important housing projects are carefully considered and set up to function successfully.

Conclusion

Based on the details shared within this submission, the City’s vision for the 2155 Country Club Drive lands, as articulated in the Official Plan, is for open space. The proposed additional uses and parking rate for 4274 Dundas Street are best established through a local planning process and supported with appropriate studies and technical materials.

It is the City’s position that the MZO request by Millcroft Greens Corporation should be refused, the OPA and draft plan applications withdrawn, and the City’s MZO request approved.

The City of Burlington welcomes any opportunities to discuss the future uses of these lands in further detail, regardless of the outcome, to ensure that all parties are working together to advance the collective interests of local residents and businesses.

Given the short period for consultation, the attached comments have not been approved by City Council. This submission will be shared through an upcoming Council Information Package. Should Council determine any additional comments or refinements are required, the Province will be advised at the earliest opportunity.