Planning and Development Committee Meeting

Minutes

Meeting #:
Date:
Time:
1:00 p.m.
Location:
Council Chambers Level 2, City Hall
Members Present:
  • Rick Craven (Chair),
  • John Taylor,
  • Marianne Meed Ward,
  • Jack Dennison,
  • Paul Sharman,
  • Blair Lancaster,
  • and Mayor Rick Goldring
Staff Present:
  • James Ridge,
  • Bill Janssen,
  • Nancy Shea-Nicol,
  • Mary Lou Tanner,
  • David Thompson (Audio/Video Specialist),
  • and Jo-Anne Rudy (Clerk)

Robert Osborne expressed concern with the height allowances for the Upper Brant Precinct contained in the revised proposed new official plan.

Joan Olech expressed concern with the revised proposed new official plan and how it relates to Crown Land grants and the rights of rural land owners in north Burlington.

Maura Romanelli expressed concern with the revised proposed new official plan as it relates to the designations and restrictions put on agricultural land.

Brian Aasgaard expressed concern with the revised proposed new official plan as it relates to height in the Upper Brant precinct, specifically the west side of Rambo Crescent.

Scott Snider, Turkstra Mazza and Associates, spoke on behalf of Mattamy (Monarch) Limited, and expressed concern with the change in height designation for his client's property located at the corner of James and Martha Streets.

Scott Snider, Turkstra Mazza and Associates, spoke on behalf of Penta Properties, and expressed concern with the land use designations for his client's properties.

Dana Anderson, MHBC Planning, spoke on behalf of Penta Properties and expressed concern with the land use designations for several of her clients proeprties throughout the city (1200 King Road, 4445 Fairview Street, 4480 and 4450 Paletta Court, Bronte Creek Meadows and Eagle Heights.

Bryan Nykoliation, Core Development Group Ltd., expressed concern with the revised proposed official plan as it restricts development and intensification of his properties in the Old Lakeshore Road Precinct. 

Joseph Gaetan expressed concern with the development in the downtown area and provided information on a shadow study he undertook of various tall buildings in the downtown.

Dana Anderson, MHBC Planning, spoke on behalf of Emshih Developments and expressed concern with the site specific policy for her client's property at 800 Burloak Drive.

Dana Anderson, MHBC Planning, spoke on behalf of United Burlington Retail Portfolio Inc. and expressed concern with how the revised proposed new official plan affects her client's property at 5353 Lakeshore Road.

Marko Radisic expressed concern with the revised proposed new official plan and the restrictions it places on his farm land.

Tom Muir expressed concerns with the revised proposed new official plan.

Denise Baker, WeirFoulds LLP, spoke on behalf of Adi Development Group Inc. and expressed concern with the lack of information and detailed analysis contained in the revised proposed new official plan as it relates to policies in the Urban Growth Centre that would affect her client's lands.

Denise Baker, WeirFoulds LLP, spoke on behalf of Welwyn Interests Inc. and expressed concern with the proposed polices and land designations that would affect her client's properties.

Denise Baker, WeirFoulds LLP, spoke on behalf of Spruce Partners and Amico Properties Inc. and expressed concern with the land designation for her client's property and requested a deferral.

Amy Shepherd, IBI Group, spoke on behalf of Nalco Co. and expressed concern with the land use changes contained in the revised proposed new official plan which could impact her client's business and requested a deferral of the plan.

Gary Scobie expressed concern with the revised proposed new official plan and the intensification demands from the province for the downtown. 

Edyta Radisic expressed concern with the revised proposed new official plan and the restrictive designations on her family's land.

Vanessa Warren expressed concern with the revised proposed new official plan and the restrictions on agricultural and rural lands.

James Fisher expressed concern with the revised proposed new official plan and the resulting restrictions on agricultural/rural lands.

Jim Young expressed concern with the revised proposed new official plan and requested a delay in adoption.

David MacKay spoke to the revised proposed new official plan as it relates to growth in the downtown and thanked staff for the citizen engagement during the process.

Catherine Crozier expressed concern with the revised proposed new official plan and stressed the importance of protecting the cultural heritage of Burlington.

Jeremy Skinner spoke in support of the revised proposed new official plan and noted that this will be a living document with amendments expected in the future.

Lisa Kearns expressed concern with the revised proposed new official plan as it relates to the over intensification of the downtown. 

Leslie Akse expressed concern with the revised proposed new official plan and commented on the importance of a vibrant downtown with parks/promenades in the downtown precinct.

John Gerrard, Habitat for Humanity Halton-Mississauga, spoke to the revised proposed new official plan and requested that a new definition be added to the plan that identifies a charity as a land use so that they may continue to remain a vibrant part of the Burlington community. 

Deby Morrison expressed concern with the revised proposed new official plan as it relates to the over intensification of the downtown and requested that it be delayed.

Kelly McDonough expressed concern with the revised proposed new official plan as it relates to land designations in the St. Luke's precinct.

Kelly Childs expressed concern with the revised proposed new official plan as it relates to the over intensification of the downtown, shrinking retail space, gridlock and lack of parking.

Remi Imber expressed concern with the revised proposed new official plan as it relates to  development in the downtown and suggested the City do a 3D model of the proposed tall buildings.

Albert Faccenda spoke to the revised proposed new official plan and the issue of land use in the St. Luke's Precinct for semi-detached homes, townhouses and duplexes.

Courtney Puddington expressed concern with the revised proposed new official plan as it relates to the over intensification of the downtown when it is already a busy area.

  • Moved byCouncillor Sharman

    Receive department of city building report PB-04-18 dated April 24, 2018; and

    Adopt the proposed Grow Bold: Burlington Official Plan (April 2018), as contained in Appendix A to department of city building report PB-04-18 as amended by tables 1 and 2; and

    Approve the proposed Sustainable Building and Development Guidelines (April 2018), as contained in Appendix B to department of city building report PB-04-18; and

    Adopt By-law 24-2018 related to the Grow Bold: Burlington Official Plan, as contained in Appendix C to department of city building report PB-04-18; and

    Direct the City Clerk to submit to Halton Region for approval, the proposed Grow Bold: Burlington Official Plan (April 2018) including all related information and documentation required under the Planning Act; and

    Endorse Appendix D – Lands Recommended for Employment Conversion that are located on the Halton Region’s Employment Area overlay” for consideration as part of the Halton Region Official Plan Review and Municipal Comprehensive Review processes; and

    Endorse Appendix E – Lands recommended for redesignation found within the Areas of Employment as defined by the City’s existing Official Plan that are not located on the Halton Region’s Employment Area overlay so that they may be considered as part of the review and approval process of Burlington’s new Official Plan; and

    Direct the Director of City Building to forward any Official Plan amendments to the existing in force and effect Official Plan that occur between Council adoption and Regional approval to Halton Region so that the amendment can be added as a modification to Grow Bold: Burlington’s Official Plan (April 2018); and

    Direct the Director of City Building to work with Halton Region through the approval process of the proposed Grow Bold: Burlington’s Official Plan (April 2018) to ensure modifications are included to reflect any matters that the Province of Ontario identifies related to the new Provincial Plans; and

    Direct the Director of City Building to bring forward a by-law to repeal the existing in-force and effect Burlington Official Plan, as amended, at such time that the Halton Region issues approval of the Grow Bold: Burlington Official Plan; and

    Direct the Director of City Building to work with Halton Region through the approval process for the proposed Grow Bold: Burlington’s Official Plan to incorporate any adopted area-specific plans for the City’s mobility hubs; and

    Endorse Appendix F – Recommended Classification of Transportation Facilities as Burlington’s position to be conveyed to Halton Region for consideration as part of the Region’s Official Plan Review and Regional Transportation Planning process(es); and

    Direct the Directors of City Building, Transportation and Transit to work with Halton Region on identifying context sensitive road classifications and/or standards Regional Roads, through the: approval process for development applications; Municipal Class Environmental Assessments; approval process for the proposed Grow Bold: Burlington’s Official Plan (April 2018); and subsequent regional planning exercises.

    CARRIED
  • Moved byCouncillor Dennison

    Direct the Director of City Building to amend Schedule E, as it pertains to 1900 Appleby Line, to extend the ‘Uptown Core’ designation as identified in the new Official Plan (April 2018 Version) westerly across the property so that the designation band remains the same depth and extends to the lot line of the fire station.

    CARRIED
  • Moved byCouncillor Lancaster

    Direct the Director of City Building to amend the new OP (April 2018 version) to permit a long-term care facility at 4103 Palladium Way by adding the following policy, Subsection 3.2.3 c):
    4103 Palladium Way:  Notwithstanding Subsection 3.3.2 e), Subsection 8.2.2 i) and Subsection 8.2.2 j) of this Plan, a long term care facility may be permitted on the site subject to a site specific Zoning By-law amendment which will be considered only following the completion of a land use compatibility assessment that addresses all relevant considerations such as noise, vibration, odor, and dust using Provincial Land Use Compatibility guidelines and the Region of Halton's Land Use Compatibility Guidelines, Air Quality Guidelines, the policies of Section 4.6, Land Use Compatibility, of this Plan and any other relevant considerations to ensure that the location and design of the use mitigates adverse effects. 

    CARRIED
  • Direct the Director of City Building to modify subsection 8.1.1(3.13.1) f) by adding the bold text:
    The City’s Implementing Zoning By-law will consider physical character including site orientation, building design, building height and establish a minimum rear yard setback requirement for development within Sector 2 (Area ‘S2’), as identified on Schedule D: Land Use – Downtown Urban Centre of this Plan, which ensures a consistent and compatible separation distance is maintained between a development and the principal residential building located on an adjacent property designated Residential-Low Density on Schedule C: Land Use – Urban Area, of this Plan.

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to modify Section 9.3.2 c) (xvii) by deleting the following text:

    "and located outside the Escarpment Natural Area and outside the Key Natural Features, other than those areas where the only Key Natural Feature is a significant earth science area of natural and scientific interest"

    CARRIED
  • Moved byCouncillor Taylor

    Direct the Director of City Building to modify Subsection 9.1.2 g)(i) by deleting the following text:
    "in the Escarpment Natural Area or the Escarpment Protection Area as identified in, the Niagara Escarpment Plan, in a Key Natural Feature in the Greenbelt Natural Heritage System or in the City’s Natural Heritage System, or"

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to modify Subsection 9.1.2 o) by replacing the paragraph with the following:
    (vii) parking and temporary structures are not located within the Escarpment Natural Area or within a Key Natural Feature or within thirty (30) m of a Key Natural Feature; and

    CARRIED
  • Moved byCouncillor Taylor

    Direct the Director of City Building to modify Section 12.1.12(4.1) c) (v) by adding the text in bold:
    for the severance of an existing dwelling that is demonstrated, to the satisfaction of the City, to be surplus to a commercial agricultural operation in the Agricultural System as identified in the Halton Region Official Plan as the result of a farm consolidation, provided that:
    and
    Deleting the following subsection in its entirety:
    12.1.12(4.1) c)(v) a. the lots that make up the commercial agricultural operation are located within the Agricultural System identified in the Halton Region Official Plan;

    CARRIED
  • Moved byCouncillor Taylor

    Direct the Director of City Building to add the following text in bold at the end of Section 4.2.4 a):
    An Environmental Impact Assessment (EIA) shall not be required for agricultural buildings or structures which do not require approval under the Planning Act.

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to replace the words “other forms of attached, ground oriented dwellings” with the word “townhouses” in Section 8.3.3(1) b).

    CARRIED
  • Moved byCouncillor Lancaster

    Direct the Director of City Building to add the following text in bold after 8.1.1(3.10.1) j):
    k) In the case of a development application preceding an Area Specific Plan, a special study for the entire Old Lakeshore Road Precinct shall be submitted and implemented based on a terms of reference completed to the satisfaction of the City. The special study shall demonstrate how the proposed development contributes towards, or does not impede the achievement of, the policy objectives for the Old Lakeshore Road Precinct identified in Policy 8.1.1 (3.10.1) a) through j). The special study will also demonstrate how the development is consistent with all applicable Official Plan policies and design guidelines.

    CARRIED
  • Moved byCouncillor Lancaster

    Direct the Director of City Building to add the following text in bold to Section 8.3.5(2):
    g) 4853 Thomas Alton Boulevard:
    (i) Notwithstanding Subsection 8.3.5(1) of this Plan, a maximum density of 299.5 units per hectare shall be permitted on the property at 4853 Thomas Alton Boulevard; and
    (ii) Notwithstanding Subsection 8.3.5(1) of this plan, a maximum height of 17 storeys shall be permitted on the property at 4853 Thomas Alton Boulevard.

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to change the word “shall” to “should” in Section 8.1.1(3.4.2) a) in the proposed Official Plan.

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to in section 8.3.3 (1) b) Delete the words: “Notwithstanding…” up to and including “…Zoning by-law amendment,” while retaining the criteria for low density development in sections i) to iv).

    LOST
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to modify Schedule G, Aldershot GO Mobility Hub boundary, to shift the hub boundary from St. Matthews to the backyards of Clearview to remove Clearview/Queen Mary from the hub.

    LOST
  • Moved byCouncillor Dennison

    Direct the Director of City Building to modify the proposed Grow Bold Burlington Official Plan (April 2018) for the lands owned by Mattamy James Street Limited Partnership located at 2082, 2086 and 2090 James Street to include the subject lands within a "Downtown Core Precinct" designation providing for development to a maximum height of seventeen (17) storeys.

    LOST
  • Moved byCouncillor Dennison

    Direct the Director of City Building to modify the block shown on the north side of Caroline Street at John Street by changing the number of storeys from 11 storeys  to 8 storeys.

    LOST
  • Moved byCouncillor Dennison

    Direct the Director of City Building to modify the block shown on the south side of Caroline Street, between Brant Street and Locust Street:

    a) both 6 storey buildings be modified to a maximum of 4 storeys

    b) 8 storey building be modified to a maximum of 6 storeys

    LOST
  • Moved byCouncillor Sharman

    Direct the Director of City Building to modify the following policies by replacing with the following wording:

    a) Modify Chapter 4, subsection 4.2.2 h) as follows: …If the refinement undertaken in accordance with this policy leads to a reduction in the size of the Natural Heritage System designation, the new land use designation shall be consistent with the Urban Structure on Schedule B:  Urban Structure, unless more specific policy direction is provided, and shall not require an Official Plan Amendment.

    b) Modify Chapter 8, subsection 8.2.4(3)b) as follows:
    151, 201, 291 & 391 North Service Road: Development of lands designated “Business Corridor” on the north side of North Service Road, west of King Road, and identified as 151, 201, 291 North Service Road and the development of lands at 391 North Service Road, designated “City’s Natural Heritage System”, shall also be required to submit and implement the following:
    (i) a site-specific Environmental Impact Assessment (EIA), as described in Subsection 4.2.4 of this Plan, and prepared by a qualified person, to ensure that negative impacts on the natural environment and natural heritage features and areas are minimized, through such measures as maximum impervious surface limits and setbacks from watercourses and natural features;
    (ii) a viewshed study and calculation of maximum building heights to ensure views to the Escarpment are maintained to the maximum extent; and
    (iii) compliance with the policies of Subsection 10.3.3 of this Plan;
    (iv) in accordance with subsection 4.2.2 (h) upon the acceptance of the EIA, if the City’s Natural Heritage System is modified to exclude all or part of 391 North Service Road, 391 North Service Road or part thereof, shall be designated “Business Corridor” without amendment to this Plan.

    (c) Modify 3.1.1(2) g) to add a new policy (and renumber subsequent policies) as follows:

    vii) research and develop, in association with the Region and local municipal partners, an inclusionary zoning by-law as part of either a Region-wide program, or as a City-wide program.

    (d) Modify 3.1.1(2) g) to add reference to long term care housing and a seniors housing strategy.

    (e) Modify Chapter 8, subsection 8.1.1(4.7.3) a) as follows:
    1309 Appleby Line: Notwithstanding the policies of Subsection 8.1.1(4.7.2) of this Plan, on the lands designated Uptown Residential-Medium Density on the west side of Lampman Avenue, south of Corporate Drive, currently identified as 1309 Appleby Line, increases to density beyond the permissions established in Subsection 8.3.4(1)b) may be considered through a zoning-by-law amendment. Development of the site shall be undertaken consistent with the provisions of Subsection 8.1.1(4.3) b) of this Plan.

    (f) Add the text in bold to subsection 9.2.2 d):
    d) The Prime Agricultural Areas for the Growth Plan for the Greater Golden Horseshoe as identified by the Province are shown on Schedule J-1: Prime Agricultural Areas for the Greater Golden Horseshoe, of this Plan. Provincial plans and policies indicate that Prime Agricultural Areas are to be designated and protected for long-term use for agriculture. Provincial plans and policies also indicate that the uses to be permitted in Prime Agricultural Areas are agricultural uses, agriculture-related uses and on-farm diversified uses. Schedule M-1: Provincial Natural Heritage System for the Growth Plan for the Greater Golden Horseshoe of this Plan is to be treated as an overlay on Schedule J-1 in accordance with the Provincial Growth Plan. The development of official plan policies and designations implementing these requirements in Halton will be addressed through Halton Region’s Municipal Comprehensive Review.

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to ensure through the area-specific planning process, in particular the following properties (747 Appleby Line, 711 Appleby Line, 5041 Fairview and 5091 Fairview) will:
    • Retain employment function on the site; and
    • Through the area-specific plan process should sensitive or residential uses be contemplated they may only be permitted upon demonstration of Land Use Compatibility (D6 Guidelines), including appropriate mitigation and setbacks, protection from overlook, and in partnership with the adjacent employment use. The aim of the work of the area-specific plan is to ensure the continued operation of the existing employment use is not impacted by land use policy decisions on these sites. (SD-7-18)

    CARRIED
  • Moved byCouncillor Taylor

    Direct the Director of City Building to work with Halton Region, through the Region’s Municipal Comprehensive Review, with input from the community, to bring the Region’s Official Plan designations, policies and associated mapping respecting the Agricultural, Natural Heritage and Water Resource Systems into conformity with Provincial policies and plans in a manner that is appropriate to the Halton and Burlington planning context. (SD-8-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to convey to the Region of Halton that it is Council’s position that the extent of the Natural Heritage System and of Key Natural Features requires further evaluation and consultation and that agriculture is the use and the Natural Heritage System is the overlay through Halton Region’s Municipal Comprehensive Review process. (SD-9-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to convey to the Region of Halton that it is Council’s position that an Environmental Impact Assessment not be applied in normal agricultural uses. (SD-10-18)

    CARRIED
  • Moved byCouncillor Taylor

    Direct the City Clerk to establish an Agricultural and Rural Affairs Advisory Committee of Council, with appropriate resources and staff support beginning in the next term of Council. (SD-11-18)

    CARRIED
  • Moved byMayor Goldring

    Direct the Director of City Building to address the following in the Downtown Mobility Hub Area Specific Plan:

    i. Incorporate an effective transition between development within the Upper Brant Precinct and adjacent low density residential; and 
    ii. Develop policies that will ensure that the conservation of existing heritage buildings is a priority by retaining heritage buildings on site and ensuring new development must be compatible with adjacent cultural heritage resources; and
    iii. In the Downtown Core Precinct, identify that not every site will be suitable to accommodate a tall building and that design guidelines and the Zoning By-law will establish the minimum criteria which may accommodate different forms of buildings; and
    iv. Through the Transportation Plan and Parking Study identify downtown parking needs for existing and projected development and in consideration of appropriate and reasoned projected multi-modal transportation; and
    v. Consider incorporating policies that will provide opportunities for flexible streets, in order to facilitate the most effective movement of pedestrians, cyclists, transit vehicles, taxi/rideshare, goods and automobiles; and
    vi. Consider implementing a phasing plan for development which could have significant adverse impact on the downtown infrastructure including, the road network affecting motorists and/or pedestrians. (SD-12-18)

    CARRIED
  • Moved byCouncillor Dennison

    Amend Item iii. above by adding the words "which may accommodate different forms of buildings or heights".

    LOST
  • Moved byCouncillor Lancaster

    Direct the City Solicitor to report back on the real estate options for 4103 Palladium Way. (SD-13-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to retain the existing 3 storey height for properties located in Sector 2 (S2) of the Upper Brant Precinct when staff update the Zoning By-law. (SD-14-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to report back on the feasibility of implementing a bylaw regarding green roofs and other technologies including the review of other municipalities. (SD-15-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to review the suggested changes from the delegation presentation on the tall building guidelines and report back to Council with any updates. (SD-16-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Direct the Director of City Building to consider setting a minimum parkland standard (ha/1000 population) and walk distance for the Primary Growth Areas (3 Mobility Hubs and the Downtown) during the Area Specific Plans; and

    Direct the Executive Director of Capital Works to consider setting a minimum parkland standard (ha/1000 population) and walk distance for residential neighbourhoods across the city during review of the Parks Master Plan. (SD-17-18)

    CARRIED
  • Moved byCouncillor Meed Ward

    Suspend the rules of procedure to allow one non-registered delegation to speak regarding department of city building report PB-04-18, in accordance with procedure by-law 64-2016 s. 37.

    CARRIED
  • Moved byCouncillor Sharman

    Reconvene the Planning and Development Committee meeting at 9:30 a.m. on April 26, 2018, in accordance with procedure by-law 64-2016.

    CARRIED

2:34 p.m. (recessed), 2:40 p.m. (reconvened), 5:20 p.m. (recessed), 6:30 p.m. (reconvened), 8:10 p.m. (recessed), 8:15 p.m. (reconvened), 9:43 p.m. (recessed), 9:30 a.m. April 25, 2018 (reconvened), 11:12 a.m. (recessed), 11:20 a.m. (reconvened), 12:30 p.m. (recessed), 1 p.m. (reconvened), 2:15 p.m. (recessed), 2:25 p.m. (reconvened), 4:25 p.m. (recessed), 9:30 a.m. April 26, 2018 (reconvened)

Chair adjourned the meeting at 9:40 a.m. (April 26, 2018)

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