By Pepper Parr

April 4th, 2022

BURLINGTON, ON

 

A report that was going to need a couple of months to be completed by the consultant the city had hired was given a big push and – on Tuesday Council will be asked to receive the report and endorse the recommendation from The Planning Partnership

The Appendix A part of the 245 page document is where the meat on the bone is set out. We will publish that as a seperate article.

The 400 page addendum to the Standing Committee will be debated on Tuesday. – virtually

Receive the “Waterfront Hotel Planning Study Planning Justification Report” dated March 23, 2022, prepared by The Planning Partnership Limited, E

Endorse in principle the Waterfront Hotel Planning Study, the recommended Preferred Concept Plan, site-specific draft Official Plan policies, directions for a future Zoning By- law amendment and site-specific Urban Design Guidelines as detailed in Appendix “A” to community planning department report PL-28-22; and

Consider the Waterfront Hotel Planning Study findings in Council’s consideration of the site-specific development applications for 2020 Lakeshore Road.

The consultants are saying – no more public engagement – we have heard all we need to hear – let’s just get on with it – or words to that effect.

The Plan B people put a lot of pressure on the ward Councillor Lisa Kearns and the Mayor – those two bought into what Plan B was advocating, championed that point of view and ipso facto ( an inevitable result) a report comes popping out.

The city needed to close this poorly handled stage of downtown development.

What is particularly concerning is that the continued failures on the part of the Planning department took place when we had a Mayor who was going to bring some order to the way developments were handled.

One paragraph in the report, as dismal as it is, reflects what has been going on. It reads: Subsequently, the Waterfront Hotel Planning Study was placed on hold due to other various priorities in the Community Planning Department such as the new Official Plan process.

The decision came from the City Manager and Council went along with it.  No one asked what the down side risk was. We now know what that risk is.

One Councillor who didn’t want to be quoted said to me during a conversation: “What Vision” – this city doesn’t have a vision.

The building of The Pier went through a similar tortuous process. In that situation the city paid for The Pier twice and went through one of the biggest collection of insurance law suits this city has ever seen.

The purpose of the study was to provide a land use and urban design framework to inform site-specific policies to guide a future redevelopment of the Subject Site.

The problem with that approach was that the city took so long to get the study completed that the owner of the Waterfront Hotel got tired of waiting and filed a development application that will plunk two 40+ towers at the bottom of Brant Street and crowd the sidewalk of Lakeshore with the kind of structure you find on Bloor Street in Toronto.

The time line the city was faced with was a treacherous path. When the Community Planning, Regulation and Mobility Committee iinformed Council on January 11, 2022, that the anticipated timeline to complete the study was 16-17 weeks a wave of indigestion must have hit the tummies of every member of council. They came back with a Staff Direction:

Direct the Director of Community Planning to complete the Waterfront Hotel Study within the statutory time frame of processing the pending application related to the Waterfront Hotel (2020 Lakeshore Road) so as to inform the review of any development proposal on this site in accordance with the policies of the Official Plan.

The time frame was this: The developer had the right to appeal to the Ontario Land Tribunal for a decision because the city did not respond within the allotted 120days – in order to avoid such an appeal the city had to complete their review of the application before April 17th.
The city Planning department “refusal” report is to be heard at Council on the 12th.

An overview of the Study findings is summarized below:

The recommended preferred concept (2022): 

has regard for matters of Provincial Interest, policy and legislation and has been designed with consideration for the intent of the applicable Regional and Local Municipal policies and guidelines;

reflects overall alignment with City’s in-force Official Plan (1997), the new Official Plan (2020), ROPA 48 and emerging context within the Study Area;

delivers a vibrant mix of uses that will reinforce and support the continuing evolution of the Downtown;

provides for a compact built form that is transit supportive, provides for a range of housing, supports intensification and provides for a range of uses

enhances the streetscape along Lakeshore Road unified with a common language of materials and design elements;

provides for public view corridors down Brant and John Streets to Lake Ontario;

provides for on-site parkland dedication to enhance public access to Spencer Smith Park and build upon an important landmark through high quality open space;

Proposed urban design guidelines will provide site-specific guidance related to the conditions and context of the site to implement the Vision and Principles established through the consultation process and subsequently endorsed in principle by Council in early 2018;

An Official Plan Amendment (OPA) to the in-force OP is required to implement the findings of this Study, and include site specific directions related to matters such as massing and scale, transportation and public open spaces; and,

A Zoning By-law Amendment (ZBA) will be required to implement the OPA. The Study recommends that a rezoning process take place in the future to consider the Preferred Concept (2022) and would also be supported by detailed technical studies.

The following sections of this report summarizes the recommended preferred concept and implementation tools.

The recommended preferred concept is based on the inputs and work completed in 2017 and 2018, feedback on the emerging preferred concept (2022) and consideration for the relevant policy drivers and changes since the Study paused in mid-2018. Section 6.0 of the Planning Justification Report (see Appendix “A”) provides a comprehensive overview of the preferred concept plan.

Highlights of the Recommended Preferred Concept/ Highlights of the preferred concept include:

Land Use / Built Form

• Building heights: 21 storeys for the west tower and 22 storeys for the east tower
• John Street public view corridor with a minimum width of 18 metres
• Stepping down of built form toward Lake Ontario
• 3-storey podium/street wall along Lakeshore Road
• Active at-grade uses like commercial, retail and restaurants
• Focus on a strong pedestrian relationship to the streets and public spaces

Public Realm

• Enhance Brant Street as a gateway to the Downtown, the Waterfront and the Waterfront Trail
• Enhance the entrance to Spencer Smith Park and the Brant Street public view corridor
• Additional public parkland identified on the west and south sides of the Subject Site:
o West side: 0.13 ha
o South side: 0.05 ha
o Total: 0.18 ha
• Provide a John Street public view corridor and inclusion of a privately-owned public space (POPS)
• Maintain existing trees along Lakeshore Road

Mobility and Access

• Remove existing vehicular access at the foot of Brant Street
• Site access for parking and loading from Elizabeth Street
• Active Transportation route along Lakeshore Road, including a painted buffered bike lane as identified in the City’s Cycling Master Plan
• No surface parking on site

Future Zoning By-law Amendment

A Zoning By-law Amendment (ZBA) will be required to implement the OPA. The Study recommends that a rezoning process take place in the future to consider the Preferred Concept. Furthermore, the Study provides that:

“A future rezoning process, supported by technical studies and further evaluation, would allow for flexibility to achieve an interesting built form that would better respond to the landmark nature of this site. This ZBA process would take place in the future and would advance additional engagement through the statutory public process. It would allow for the principles of this Study to be further advanced and explored through meaningful active engagement with the public and stakeholders of this project. Furthermore, a rezoning in the future would allow for community benefits to be leveraged through Section 37.” (or in accordance with alternative benefit charges).

Site-Specific Urban Design Guidelines

The Study recommends site-specific urban design guidelines that will apply to the development of the Subject Site.

The intent of the site-specific urban design guidelines is to augment and enhance the City existing urban design documents by providing site-specific guidance related to the conditions and context of the site. They will work together with the guidance provided in the City’s design documents to implement the Vision and Principles established through the Study’s consultation process phase and subsequently endorsed in principle by Council in June 2018.

The site-specific urban design guidelines are provided in Section 6.3 of the Study (Appendix “A”).
The recommended site-specific urban design guidelines provide guidance with regards to:

• Built Form (Building Placement; Building Height, Massing and Transition; Tower Separation; Podium Height; and Setbacks / Stepbacks);

• Access and Mobility; and

• Public Realm (John Street View Corridor; Spencer Smith Park; Lakeshore Road; and Elizabeth Street).

Staff Position on The Study’s Recommendations

Staff are supportive of the recommendations as outlined in the Study

Delivers a vibrant mix of uses that will reinforce and support the continuing evolution of the Downtown;

• Has regard for matters of Provincial, Regional and Local Municipal policies and guidelines;

• Includes tall mixed-use buildings with commercial uses at grade, and residential and/or hotel uses which address many Provincial, Regional objectives and aligns with the overall directions established by ROPA 48;

• Achieves the City’s vision as articulated in the in-force OP (1997) and considers the policy direction of the new OP (2020);

• Provides residents and jobs and public open spaces in this central location that will further support the creation of a complete community; and,

• Creates a special place by balancing significant new redevelopment with public amenities and accessible open spaces.

It is staff’s opinion the completion of the Study has been fulfilled with the delivery of The Planning Partnership’s Planning Justification Report.