Approve the revised application submitted by The Molinaro Group (490, 492 Brock Avenue and 1298 Ontario Street) to amend the City of Burlington Official Plan to modify the policies of “Downtown Mixed Use Centre – Downtown Residential Medium and/or High Density Precincts” on a site specific basis to permit a 22 storey building that includes 1 storey of rooftop amenity space and ground floor commercial/retail uses on the basis that it is consistent with the Provincial Policy Statement, conforms to all applicable Provincial Plans, The Region of Halton Official Plan and the City of Burlington Official Plan, has regard for matters of Provincial interest and represents good planning for the reasons set out in department of city building report PB-16-18; and
Deem that Section 17(21) of The Planning Act has been met; and
Instruct the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 108, as contained in Appendix A of department of city building report PB-16-18; and
Approve the revised application submitted by The Molinaro Group to amend the City of Burlington Zoning By-law to site specifically rezone the lands at 490-492 Brock Avenue, 1298 Ontario Street to permit the construction of a mixed use building with a height of up to 22 storeys including 1 storey of rooftop amenity space and ground floor commercial/retail uses on the basis that it is consistent with the Provincial Policy Statement, conforms to all applicable Provincial Plans, The Region of Halton Official Plan and the City of Burlington Official Plan, has regard for matters of Provincial interest and represents good planning for the reasons set out in department of city building report PB-16-18, subject to the conditions contained in Appendix B and Section 37 negotiations; and
Direct staff to hold discussions with the applicant to secure community benefits in accordance with Section 37 of the Planning Act and to return to Council with a report outlining the recommended community benefits; and
Instruct planning staff to prepare the by-law to amend Zoning By-law 2020, as amended, rezoning the lands at 490-492 Brock Avenue, 1298 Ontario Street from “H-DRH” to “DC-476” substantially in accordance with the draft regulations contained in Appendix C of department of city building report PB-16-18 and direct that the amending zoning by-law will not be enacted until completion by the applicant of the following:
i) Execution of a Residential Development Agreement including the conditions listed in Appendix B of Report PB-16-18; and
ii) Execution of a Section 37 Agreement, in accordance with Section 37 of the Planning Act and Part VI, Section 2.3 of the City’s Official Plan, as they relate to the request for increased density on the subject properties; and
Deem that the amending zoning by-law will conform to the Official Plan for the City of Burlington once Official Plan Amendment No. 108 is adopted; and
State that the amending zoning by-law will not come into effect until Official Plan Amendment No. 108 is adopted; and
Approve the proposal by The Molinaro Group to remove one (1) city-owned tree from the Ontario Street right-of-way in front of the properties at 490-492 Brock Avenue, 1298 Ontario and identified on Sketch No.2 in Appendix D of department of city building report PB-16/18, subject to the following:
- The Owner shall compensate the City of Burlington for the tree removal by providing compensation (replanting or cash-in-lieu, where opportunity for replanting is not available, in the amount of $7,150); and
All associated costs with respect to the removal of the trees will be the responsibility of the Owner and the contractor hired to remove the trees will be approved to the satisfaction of the Executive Director of Capital Works.