By Staff

January 31st, 2019

BURLINGTON, ON

 

The construction of the second tower on Brock Street is going to mean a detour for Burlington Transit route 300 from Feb. 4, 2019 to June 2019

The detour is on Ontario St. between Maple Ave. and Nelson Ave.  Construction will begin on the second Molinaro tower in the area.  The site is minutes away from Spencer Smith Park.

Detour Dates: February 4, 2019 to June 2019

Route: 3
Proceed to stops:
• On Maple Ave.
• Ontario St. east of Nelson Ave.

Stops not in Service:
• 765 – Ontario St. at Maple Ave.
• 766 – Ontario St. at Brock Ave.
• 775 – Ontario St. at Nelson Ave.

By Staff

January 25th, 2019

BURLINGTON, ON

 

The Official Plan, the document that sets out what can be built where, was an election issue in October.

The city currently has two Official Plans: one that is in force and what has to be complied with. The other is a Plan that was approved by city council during its dying days but has yet to be approved by the Region.

Many didn’t think the 2014 -2018 city council had the right to “approve” the Official Plan that they sent along to the Region where the Plan has to be approved and sent back to Burlington where it can be voted on by council and become the law of the land.

Recently the Region returned the “approved” Official Plan and pointed out four deficiencies.

Earlier this month there was a presentation being made by a developer for a large long term care home they wanted to build on North Shore Blvd.

A number of people who attended that meeting were very confused and upset with the way staff from the Planning department were explaining which Official Plan was being applied.

Tom Muir, an Aldershot resident wrote extensively on that meeting saying:

I attended this meeting that was joined by at least 80 people and I came away disturbed and concerned by what I saw and heard coming from the planning staff in attendance, the developer’s planning consultant and the residents.

The first thing that was apparent is that there was not a happy and supportive face in the room. The initial questions asked by the audience reflected the general unrest among the attendees concerning the confusing and contradictory statements from staff and the developer consultant about what the Official Plan being brought to bear on this application actually was about.

That is, why did the applicant ask for such significant increases in the existing OP and zoning allowances, and why did they appear to have such confidence in the approval of their application?

It soon became apparent that there were actually two OPs being brought into play here by all the planners present. One was the existing OP that is in force and effect. However, with equal but apparent favored mention, was the previous Council adopted OP that was brought forward as a “Council approved”. I repeat, the word “adopted”, which is the proper word in the context of city Council, was not used, in favor of “approved” which is the Region responsibility. The status of this OP as refused and non-compliant was not mentioned.

It was further noted by staff that this OP was being used for information, guidance and direction for the City planning. It was apparent that this confusing contradiction with two OPs in play was disturbing the attendees (and me) and was a key issue arising.

It was not until I asked a question about this that the OP referred to repeatedly as “approved” had been, in truth, refused by the Region as non-compliant with the Regional Official Plan, and at present is on hold and has no status or legal standing. I repeat, this fact was never revealed to the meeting attendees until my question pointed it out.

Instead, to my dismay waiting for the truth to emerge, this refused and non-compliant OP was actually referred to as “Council approved”, several times in repeated references to it.

In the ensuing exchanges on this point that you can’t have two OPs at the same time, it was apparent to me that Planning is playing a game. All three planners in attendance played the same words and danced around what was going to be done about that.

It was actually stated by staff that the OMB has ruled that the existing OP did not meet the requirements of the Provincial Policy Statement (PPS) and provincial growth plans, but there was no evidence to support this to show how the maximum medium density and heights (11 storeys was mentioned) permitted under the existing OP were not sufficient.

Staff further danced around the truth by making somewhat light that the non-compliance of the adopted OP was “limited” in some abstract way, so it still had some standing and is okay to have regard for – which is not true. It was stated that City and Region are talking about certain isolated issues of non-compliance, and will get rolling again, but it was never admitted that this OP has no standing because it has been refused as non-compliant based on key things that affect the overall OP.

My recurrent take on this is the staff cannot let the refused OP go to pasture for second public thoughts. I can see that right from the pre-application consultation and discussion stage of the planning process, it seems that all the planners are pushing the basis and ideas from the non-compliant OP for extra height and density and other things .I think that staff do not to give up the power they have to make decisions based on their mostly subjective opinions about what various policies mean in their denotations. Subjectivity cannot be analysed, so it cannot be shown to be objective.

They all want to speak from this OP platform for more height, density and lower facilitating standards to enable the large builds. And they try to generally discredit the existing OP to try and get around it. This has been going on for years and continues in every new application in the pipeline. This is largely why we have such an almost complete loss of control of development downtown and elsewhere.

The Planning staff are the ones who recommended to Council that this OP be adopted, even with major missing parts, including Transportation and Mobility Hubs. And these parts are among the things that the Region refused the OP as non-compliant – transportation named, but Mobility Hubs involve employment lands and that is another key issue in the non-compliance opinion. Again, these two pieces are still missing and this OP is not legal, but staff march on using it, non-compliance or not.

The truth is that if it has been refused by the Region as non-compliant it is dead for all practical purposes, and cannot in good professional planning practice be used as a basis for decisions. Only much later in the meeting, near the end, did staff clumsily mumble that the refused OP is out of the picture somehow, on hold or whatever words pertain, and so we have to enforce the existing OP and bylaws on height and density and so on.

Importantly, staff actually stated that they needed new directions from Council to change the direction of planning in the city, and of the adopted but not compliant OP. It is obvious that the staff are asking for this change to be made explicit from someone in charge, and ultimately from Council.

In planning talk, the Planning Act requires that an application must be processed under the OP that is force and effect. The adopted OP has no status and should not be used as the basis for supporting any new application, not even with the mention of non-compliance with the ROP. The new OP has not been approved at the Region. We must stop this type of action by staff.

In the view of many, including all the Mayoral candidates, the last election campaign and outcome was supposed to be a wake-up call to the Planning department about the development that was being promoted and done in Burlington. Tongue in cheek, it may be that since most of the city planning staff don’t live in Burlington they didn’t hear the clarion call. That said, someone in charge needs to drive that point home with some new marching orders to Planning. This kind of action by staff must be stopped.

Heather MacDonald, Director of Planning for Burlington responded to Muir with:

This is in response to your email dated Friday, January 11th.

 It is recognized that public engagement early on in and throughout the processing of development applications is important and of great value. Neighbourhood meetings held at an early stage provide for information sharing and identification of issues and concerns to be addressed by the development approval process.

At the neighbourhood meeting on January 9th, staff answered questions regarding the status of the new Official Plan. The following confirms the information that was provided to clarify where things are at with the new Official Plan.

The new Official Plan was adopted by City Council on April 26, 2018, and was sent to the Region of Halton on May 11, 2018 for approval. The Region is designated as the authority to make a decision on the Official Plan and is legislatively required to ensure that Burlington’s Official Plan conforms with the Regional Official Plan.

Specific timelines are established by the Planning Act for the Region to make its decision. City staff has been working closely with the Region. To allow more time for the process, on December 4, 2018, the Region issued a statement of opinion that the new Official Plan does not conform to the Regional Official Plan in regard to the following:

– proposed employment conversions and permitted uses within the employment areas and lands;

– identification of and permitted uses in agricultural lands;

– identification of and permitted uses with the Natural Heritage System;

– transportation matters including road classifications.

In accordance with the Planning Act, this notification allows for a pause in the Region’s approval process. The Official Plan is still with the Region for approval; however, the decision on approval is paused to allow more time to resolve nonconformity matters. City staff is continuing to work with Regional staff to come to resolution on these matters.

The pause also provides the opportunity for the City to request the Region to consider modifications to the Official Plan currently before them. Any Council approved modifications sent to the Region would also be considered with respect to conformity with the Regional Official Plan.

Until the Region approves the new Official Plan, any applications received or in process are subject to the existing in force and in effect Official Plan; however, consideration is given to the Council adopted new Official Plan.

Greg Woodruff, another Aldershot resident and a candidate for Mayor in the October election added that:

I think the widening gulf in impression is being created by the terms of the “public input” process are not apparent to those participating. People think they are giving input into the decision and direction of the city. However staff are in reality implementing over arching plans proposed by Provincial entities. The merits of these plans not withstanding; when the desires of these faceless plans come into conflict with the desires of local residents – how is this to be resolved?

Right now it’s “resolved” by a poor planner from the planners office hauled up in front of a crowed room of hundreds of pissed off people trying to explaining elements of an incredibly sophisticated and complicated planning system. No one can possibly explain the complexity of this process to people in a meeting like this and every one is going away angry.

Most people believe that city employees represent them in a conflict with the Province, not that they implement Provincial policy onto residents. As I put it the “public consultation process” from the staff perspective seems like we get to decide the shade of brown the walls get to be, but not how high or where they should go.

My suggestion going forward would be to open these meetings with what types of resident input the staff considers valid for consideration, and what types of input conflict with an overarching plan plan and are not considered input on the table. If you opened these meetings with, “The staff feel that a high-rise building is in fact what the Provincial Planning Statement imagines at this location and the staff roll is to bring that into realty. Legislation prevents staff from really considering anything else – if you don’t like it talk to x. Where x is an elected leader that could change this direction.” Then at least the public could lobby in an effective direction – as is they keep lobbying Burlington staff for a direction I think the staff themselves feel is “off the table”.

Enter all this business on the “official plan”. I don’t feel staff are “considering the new Official plan.” They are acting like it’s a done deal. Certainly they are not restraining heights as if the old official plan is the basis of anything. It’s all being considered as if some almost identical version of the “New Official Plan” is the reality.

So the question would be what direction do the staff require to consider current development applications primarily through the working of the current OP? I think the general sense is that compliance with the old OP is appropriate until the new council and Halton gets a crack at the changes they want. Other wise staff working with the New OP are encouraging development that may heavily conflict with a new version, something not good for developers, staff or the public.

Lisa Kearns, Councillor for Ward 2 did her best to clarify things saying:
All,

Yes, we are in a complex position.

Here’s what I can offer:
-I have invited Curt Benson to my Ward 2 Updates, scheduling conflict for the next one on January 24. I will open an invitation to him as well for the neighbourhood meeting relating to the application upcoming at Pearl/Lakeshore. (Curt Benson, MCIP RPP Director, Planning Services and Chief Planning Official, Halton Region).

-I continue to be at every planning application neighbourhood meeting, statutory meeting, etc. with the purpose of ensuring a sense of the community input in relation to development applications. I further encourage feedback in the form most preferable to residents, all is weighted.

-I have directed the interim City Manager to work with Council and Staff to prepare a press release/education campaign on the status of the Official Plan*. This is a direction I brought forward following the 1157-1171 North Shore neighbourhood meeting. At this meeting I observed the used of multiple versions of “Official Plan” and the personal/professional interpretations that projected onto the audience due to the individual experiences through this planning process. I impressed a sense of urgency given the ensuing interpretations that result from the absence of this clarity.

I acknowledge there is so much more to this conversation, and I am grateful for an engaged community. Please know that I continue to work hard on your behalf and am very much aware of the opportunities for improvement.

Interim City Manager Tim Commisso closed out the online conversation saying:

“Thanks Councillor Kearns. No question that addressing issues surrounding the OP is at the forefront of building trust and confidence in the City related to protecting the public interest.

Definitely a priority for myself and we are working hard on your direction and other related actions.”

Those who follow this stuff can arrive at their own conclusions as to just what is taking place.

 

By Staff

January 24th, 2019

BURLINGTON, ON

 

In a note to residents in Ward 5 who are on the Council member’s mailing list Paul Sharman sent the following:

“As you may remember from the previous Open House letter that was mailed in July 2018, the City of Burlington received applications from Burlington Retail Portfolio Inc. to re-designate and rezone the properties located at 5353 Lakeshore Road (Lakeside Plaza).

“The purpose of these applications is to permit a mixed use redevelopment with building heights ranging from one to eighteen storeys. The applications propose 900 new residential units, 2,700 square metres of office space and 11, 955 square metres of service commercial and retail uses with 1350 parking surface and underground parking spaces. Access will be maintained from Kenwood Avenue, Hampton Heath Road and Lakeshore Road.

“The property is currently zoned ‘Neighbourhood Commercial (CN1-63)’. According to the City’s Official Plan, the subject properties are designated Neighbourhood Commercial.

Sharman then advises his constituents that “there will be a Statutory Public Information Meeting; residents are invited to attend and learn more about the proposed Official Plan amendment and Zoning By-law amendment applications for 5353 Lakeshore Road. This meeting will take place on: February 12, 6:30 pm; City Hall Council Chambers, Level 2.

“This report does not include a recommendation about the application at this time. The purpose of the information report is to update all members of Council about the development proposal. The report will be available on the City’s website at www.burlington.ca/calendar by searching for the meeting date for the Planning and Development Committee. A copy of the report can also be picked up at the City Clerk’s Department on the main level of City Hall.”

In his most recent report to his constituents Councillor Sharman adds:

“The applicant is in control of what they chose to apply for, not me and not Council. At this stage the applicant heard what members of the public had to say at open house meetings in July and August. I understand the City has not received a modified application.

“Meanwhile, the review period of 210 days has passed, and the City needs to move the file along. Hence there will be a Statutory Public Meeting on February 12.

“Council will not have the ability to make any decisions on the application until staff prepare a recommendation report, sometime in the future. We will learn in the course of time whether the applicant has chosen to reduce the scale, density, design and parking numbers.

“If you have any questions about these applications, please contact me.”

That’s the official word from the ward Councillor. Paul Sharman appears to have taken a pass on the opportunity to comment on the rich background and his personal involvement in the development of this project.

Sharman was an advocate for something in the way of development in the east end in a Plaza that had certainly seen better days. He went into Toronto to try and meet with the people who paid the taxes on the property but was able to get beyond the receptionist – which for Paul Sharman is surprising.

What is missing in the information Councillor Sharman provided is his view on the development. Sharman has never been known for hiding his views in the past. He is outspoken, direct, at times bombastic – he seldom ‘shilly shallies’.

The development is huge in scale. It brought out hundreds of people who gathered in a small space during the summer to look at the architectural renderings and ask city staff and the developer’s consultants questions.
The development has a long history. Councillor Sharman wanted to see something done with a Plaza that was in pretty sad shape – it was well past its prime.

During a Council meeting when Jeff Fielding was city manager Sharman informed his colleagues that he had tried to meet the owners at their offices in Toronto – wasn’t able to get past the receptionist.

Sharman felt there was an opportunity to merge the small arena and park to the north of the development and pull it together with the Burloak Park that was being upgraded.

An architect provided some exceptional drawings showing what could be done.

Pictures of meet here

City staff that participated in the July-August public display of the developer’s plans did say, off the record, that the development the city was looking at was not quite what they had in mind.

At that point the city did not have a completed application to act on.

The developer was testing public reaction – and they certainly got an earful.

Community concern became an election issue – the only thing that kept Sharman in office was the number of candidates that ran against him. With four people running against him Sharman was able to split the vote and get returned to city hall; where he has yet to comment on the size and scale of a development that will certainly change the look, feel and traffic flow in the community.

Expect some vigorous community reaction to this one at the Statutory meeting scheduled for February 12th.

By Pepper Parr

January 18th, 2019

BURLINGTON, ON

 

Before they broke for the Christmas holidays a city council that had been sworn in just ten days earlier asked staff to sharpen their pencils and tell them how they would reduce the 2019 budget increase to 2%, 3% and 3.5%.

The budget they were looking at was coming in at 3.99% – and they didn’t want to have to swallow a number like that.

Council also asked staff to tell them what the impact would be of removing the 1.25% infrastructure tax levy for the 2019 budget.

Part 1 – 2019 Operating Budget Options

The options presented below largely result in decreased funding to the capital program. It is important to note that any changes to the dedicated infrastructure levy impacts both renewal projects as well as new projects in the capital program. The city’s asset management plan is about the long-term management of our existing infrastructure.

New capital assets add to the city’s base inventory and therefore increase our funding requirements for renewal needs. If we are unable to sustain our existing portfolio of assets it is recommended that we limit future expansion and/or new infrastructure. Continued investments in new or expanded assets compound our inability to financially manage our infrastructure.

Staff have provided this memo for information and have attempted to communicate the future challenges and impacts that each of the options pose.

Option A – 3.25% (0.74% tax reduction from 3.99%)

Options for service reductions are:

• Elimination of the loose-leaf collection program.

Benefits
o Ongoing operating savings of $450,000 (0.28% tax reduction) and approximately $45,000 of average annual renewal costs for the replacement of equipment.

o Allows for 2,400 staff hours to be reassigned to other program areas including parks, trails, sportsfield maintenance, and road maintenance.

o Allows for winter snow fighting equipment to be ready in November. Currently only one weekend of turnaround time between leaf collection and winter work.

o Loose-leaf collection is not always completed due to onset of winter weather. This frustrates residents and challenges staff to convert equipment over to snow fighting in a timely fashion.

o Results in reduced greenhouse gas emissions from equipment operating for 6 weeks and trucking by contractor to Halton Waste Disposal site. Currently leaves are collected and trucked to a central area and later picked up by a contractor who transports them to the Halton Region transfer station where the city pays a tipping fee to dispose of the leaves.

o Halton Region provides bagged yard waste every other week from April to December.

o In lieu of this program, the city would promote more environmentally friendly options including mulching leaves on site or composting at home.

Drawbacks
o Reduced service to residents

o This will increase collection of bagged leaves by Halton Region Waste Services.

o Will require extensive public education / communication.

• 2019 capital program reduction of $750,000 for new infrastructure (0.47% tax reduction).

o Results in ongoing reduction of funding to the 10-year capital program of $7.5 million.

o The list of 2019 projects that would be impacted are:

Should this option be considered, an amendment to the 2019 capital budget would be required for the projects identified above. Future years would need to be amended as part of the 2020 capital budget.

The removal of $7.5 million of funding from the 10-year capital budget and forecast would limit the city’s ability to address any requests for future new infrastructure. This would constrain future investments to implement recommendations resulting from the integrated transportation mobility plan, cycling master plan, school closure opportunities, and enhanced neighbourhood amenities such as splash pads and skate parks.

Option B – 3% (0.99 % tax reduction from 3.99%)

In addition to the items included in Option A, a further service reduction option is:
• Further reduction of $400,000 of funding to the capital program for new infrastructure (0.25% tax reduction).
o This would result in an ongoing reduction of funding to the capital program and require the removal of an additional $4 million of projects from the 10-year capital program.
o The remaining new / enhanced project meeting this dollar threshold is:

Should this option be considered, an amendment to the 2019 capital budget would be required for the projects identified above. Future years would need to be amended as part of the 2020 capital budget.

The Elgin Street Promenade is included in the Core Commitment Implementation Strategy as a short term initiative to improve active transportation in the downtown and enhance the connectivity of existing pedestrian and cycling connections to the Centennial Multi-use Pathway and the Downtown Transit Terminal through the creation of an enhanced promenade with landscaping and pedestrian facilities that meet Accessibility for Ontarians with Disabilities (AODA) guidelines. The first three phases of this project have been competed. The final phase of this project is planned for 2019 and extends from Pearl Street to Martha Street.

The completed Elgin Promenade will create a significant piece of downtown infrastructure through an east-west pedestrian and cycling corridor that provides opportunities for active transportation including cycling connections, access to transit, walkability and accessibility and brings significant social, environmental and economic benefits to the downtown core. The promenade connects the downtown to the Downtown Transit Terminal and the Centennial Multi-use Pathway which extends northeast across the City.

Without funding for this project, the final phase of this project can not be completed and the objective of connecting the east and west sides of the downtown through a safe, accessible cycling and pedestrian connection will not be realized.

Option C – 2% (1.99 % tax reduction from 3.99%)

In addition to the items included in Options A & B, a further service reduction option is:

• Reduction of $1,610,000 of funding to the capital program for renewal (1% tax reduction).

o This would result in an ongoing reduction of funding to the capital program and require the removal of $16.1 million of renewal projects from the 10-year capital program.

Should this option be considered, an amendment to the 2019 capital budget would be required for the projects identified above. Future years would need to be amended as part of the 2020 capital budget.

The Asset Management Plan is built on the premise of being able to address the city’s infrastructure needs at the right time in the asset’s life cycle and in the most cost-effective manner. This is vital to ensure that city assets continue to provide a standard of service that residents expect and to minimize long-term costs.

Resurfacing a road at the optimum time results in a cost of 1x. Delaying this treatment begins to compromise the base materials, escalating costs to 3x the original value. Further delay results in the street requiring full reconstruction at a cost of 10x the original value. Removal of funding to the local road resurfacing program will result in sub-optimal timing of construction and cost escalation.

Deferring the renewal of community centres will also result in an increase in the total long-term costs to the City. This includes increased operating and maintenance costs as the facilities age as well as increased risk of system failures impacting service delivery. Recent examples of emergency facility closure include Appleby Ice Centre in December of 2018 and Nelson Outdoor Pool in the Summer of 2017.

Part 2 – Impact of removing 1.25% infrastructure tax levy
Staff interpreted the direction to include the impact for the 2019 budget year only with future dedicated levy increases continuing.

At a high level, the impacts associated with any reduction or removal of the dedicated infrastructure levy includes:

• Impact on the city’s asset management financing plan and the city’s ten-year capital program. Removing the 1.25% dedicated infrastructure levy for 2019 removes the equivalent of $2 million of capital projects (renewal/ new) in the budget year, and $20 million worth of capital projects over the ten-year capital program as the levy has a cumulative impact

• The removal of one year of funding leads to an unsustainable funding plan.

• An increase to the city’s unfunded renewal needs, meaning a backlog of renewal projects beyond the 2016 amount of $126.5 million that will require immediate attention. It is important to recognize that it is possible for the Unfunded Renewal Needs (URN) to grow to a point where the possibility of tackling the immediate requirements and continuing to keep pace with current needs will not be possible due to capacity constraints and unreasonably high financing requirements.

• Deferred maintenance and deferred renewal is inevitable. The result will be an increase in the total long-term costs to the City of Burlington by way of;
o increased operating and maintenance costs to prolong the life of the asset from accelerated infrastructure deterioration

o Increased rehabilitation costs due to deterioration beyond the life of the asset

o Escalation of capital costs due to required higher cost rehabilitation treatments

o Emergency, unscheduled maintenance due to system failures impacting service delivery

o Passing costs to future generations to manage existing assets
• Infrastructure renewal investment is crucial to replacing and upgrading assets to better adapt to climate change

There is a considerable amount of room to get a budget that is very close to inflation.  It will take some courage for these council members – but they asked what was possible and staff set out what will be lost if the proposed budget is changed.

Do we really have to have the leaves picked up?  Does the Fire Department really need a drone?  Does that right hand turn elimination need to be done now – and why would we spend a dime on the Promenade when the downtown core is going to begin to become a decade long construction site in the not too distant future.

 

 

By Pepper Parr

January 17th, 2019

BURLINGTON, ON

 

Remember all the hoopla around City Council pushing to get the new Official Plan voted on and sent to the Region where it would be approved

The push by the 2014 – 2018 city council cost most of the council members their seats. The Mayor lost his job and Lancaster and Dennison headed for retirement.. Two other council members had resigned and did not seek re-election.

Curt Benson, Director, Planning Services and Chief Planning Official for Halton Region
reports in a letter to anyone who was interested in the status of the “approved” Official Plan that “On April 26, 2018, Burlington City Council adopted its new Official Plan (the “Plan”). On May 11, 2018, the record pursuant to subsection 17(31) of the Planning Act was received by the Region of Halton as the approval authority to make a decision on the Plan.

“Over the last number of months, Halton Region staff have been working closely with City of Burlington staff in the review of the newly adopted Plan to address conformity to the Region of Halton Official Plan. Through this review, Regional staff have identified a number of matters with respect to the Plan’s conformity to the Halton Region Official Plan that need to be resolved prior to making a decision on the Plan. The attached Notice provides additional information related to these matters in accordance with s. 17(40.2) of the Planning Act.

The purpose of this Notice is to inform you that the Region of Halton, through its delegated authority to the Chief Planning Official, is of the opinion that the Plan does not conform to the Region of Halton Official Plan (2009) (“ROP”). The Plan does not conform to the ROP with respect to policies and mapping related to, among other matters:

• proposed employment land conversions and permitted uses within the employment areas and lands;

• the identification of and permitted uses within agricultural lands;

• the identification of and permitted uses within the Natural Heritage System; and

• transportation matters, including road classifications.

Tom Muir was taken aback by the correspondence and the lack of any detail in the Notice and wrote Curt Benson saying: “I was expecting that specific details would be provided as to the four items of adopted OP non-compliance that were listed in the opinion herein that you sent to the City of Burlington.

“The 4 items listed are of general interest but are not of much value if not dissected so that the separate issues in each can be examined.

Can you please provide the details of the issues involved in each item of non-compliance?

When one looks at the information from the Regional Planning department on why they sent the “approved” Official Plan back to the city you have to wonder if that is all there is.

It just seems pretty thin and doesn’t touch the issue that were the focal point of the election. Something doesn’t appear right here.

The rules within the provincial; Planning Act, set out a 210 day period for the city to appeal a Regional government decision. The Region points out that a clock doesn’t start ticking until the Region of Halton confirms that the non-conformity with the ROP is resolved. As such no appeals under subsection 17(40) of the Planning Act may be filed at this time.

City Council isn’t going to be doing very much on the Official Plan issue – they will be focused on the budget for the immediate future.

 

By Pepper Parr

January 10th, 2019

BURLINGTON, ON

First of a five part series.

Back in July of last year, before the residents of the city decided they wanted a different city council, there was a report that was discussed debated and filed.  It was a discussion paper on the draft precinct plans and land use policy directions for the Aldershot GO, Burlington GO and Appleby GO Mobility hubs.  The report was  received and filed and will, in the near future come back to council.

Mobility hubs were put into the planning lexicon by the provincial government- they wanted to see more intensive development close to the GO stations.  For Burlington that meant development in Aldershot, along Fairview next to that GO station and in he east end beside the Appleby Station.

Each of these stations has large pieces of land on which cars park while residents take the GO train to some other location.

Burlington planners didn’t seem to be fully aware of what the term a mobility hub meant; the Mayor at the time certainly didn’t have a firm grip on the concept.

Those days are behind us – those who are aware of what is going on in the city certainly understand the concept – where the differences exist is – do we want what the province is suggesting and who determines the boundaries of each mobility hub?

The mobility hubs are part of a much larger picture – there is a Strategic Plan that is going to get some tweaking to make it fit into the priorities of the new council; the Official Plan is back in the hands of the city and that will get a review that most people expect to be significantly, if not radically different than what was approved WHEN

The purpose of the report that went before a Standing Committee, was to present the draft precinct plans for the GO Station Hubs (Aldershot, Burlington and Appleby GO) and associated draft key land use policy directions for community and Council feedback and discussion. These draft precinct plans are key inputs into the creation of the Area Specific Plans (ASPs) for the three GO Station Mobility Hubs.

By undertaking secondary plans or Area Specific Plans (ASPs) for Burlington’s Mobility Hubs, the City continues to implement the objectives of the Strategic Plan and Official Plan to direct intensification, achieve transit-supportive densities and develop pedestrian and transit-oriented mixed uses areas in the downtown Urban Growth Centre and at the City’s key major transit station areas (i.e. the GO stations).

In 2014, through the Official Plan Review process, the City along with consultants from Brook McIlroy completed the Mobility Hubs Opportunities and Constraints Study, which provided a high-level analysis of each of the City’s Mobility Hubs and informed the development of the study areas for future Area Specific Planning work to be done in each of the Mobility Hubs.

In July 2016, Burlington City Council approved a staff report which outlined a work plan, allocation of staff resources and required funding to simultaneously develop four ASPs, one for each of Burlington’s Mobility Hubs. The project was approved with unanimous City Council support; most of that council is now part of the city’s history.

In December 2016, the Mobility Hubs Team undertook a competitive Request for Proposals (RFP) process to retain a consulting team to assist with the development of ASPs for each of Burlington’s four Mobility Hubs, with the goal of supporting the future redevelopment and intensification of these areas.

In April 2017, the Mobility Hubs team initiated the study publicly with a launch party followed by the beginning of a comprehensive public consultation program around the future vision for each of the Mobility Hubs.

In addition to achieving City Council’s objectives for intensification and growth, the Mobility Hub ASPs will also support the objectives of Metrolinx’s The Big Move, including the development of Regional Express Rail (RER) service, through the creation of complete communities with transit-supportive densities, as identified through the Province’s Growth Plan for the Greater Golden Horseshoe and in the Region of Halton’s Official Plan (2017).

Schedule 1 of The Big Move recognizes two Mobility Hubs in Burlington: the Downtown Mobility Hub is identified as an Anchor Mobility Hub and the Burlington GO Mobility Hub which is identified as a Gateway Hub. In the City’s New Official Plan, all three GO Stations and the downtown are identified as Mobility Hubs and as areas of strategic importance to accommodate the City’s future growth.

The hubs were to be where the growth was to take place which made sense.  The problem was that development proposals for the downtown core began to come in that used to creation of a downtown mobility hub as part of their justification.  A large number of citizens didn’t see that kind of development as ideal for the city.

The creation of a Downtown hub has been very controversial.  Many feel that the creation of this “anchor” hub made it possible for developers to justify more height and density than was felt fit in with the small town feel that people wanted in the core part of  the city.

Those developments became the election issue that resulted in a new council who now have to decide what they want in the way of development in the city.  MArianne Meed Ward made it clear during the election that she believed the population growth expected of Burlington by the province had already been achieved.

On December 4, 2017, staff brought forward a report which presented preferred concepts and supporting technical memos for the GO Station Hubs (Aldershot, Burlington, and Appleby GO) for community and Council feedback and discussion. The preferred concepts outlined land uses and building heights within each of the three GO Station Hubs. These preferred concepts were based upon public and stakeholder feedback and were intended to prompt discussion regarding the emerging vision for each of the hubs. Since that time, staff have taken that feedback and used it to develop draft precinct plans for each hub which will be further explored in this report.

With this as background let us take a look at the plans for each of the mobility hubs and better understand what is planned and what the impact on the city is likely to be.

The objectives for each hub include:

• Directing the highest intensity to areas in close proximity to major transit stations and to current or planned frequent transit corridors;
• Minimizing shadowing impacts on public parks and open spaces and low density established residential neighbourhoods;
• Providing height transitions to established low density residential neighbourhoods outside of the hub boundaries;
• Providing increased permeability for active transportation options to and from GO stations;
• Providing recognition of existing cultural heritage resources;
• Creating feasible opportunities for new parks and open spaces to serve current and future residents and employees in each area;
• Identifying new and existing streets and other linkages to serve as key green, active transportation corridors to facilitate improved connectivity within, to and from the hubs;
• Creating new parks and open spaces that integrate with and enhance the existing city-wide parks and open space system;

• Providing a level of intensity to attract new retail and commercial functions to serve current and future residents and employees;
• Recognizing existing employment functions and providing for a variety of new and expanded employment and commercial opportunities;
• Planning for a variety of housing forms to attract a broad range of
• Identifying opportunities for a broad range of future public service facilities in locations that provide the greatest access to future residents and in locations that provide the greatest flexibility to accommodate a variety of functions and uses;

The Aldershot, Burlington and Appleby GO Mobility Hubs each required unique considerations with respect to the location and distribution of building typologies, parks and open space networks, public service facilities, active transportation connections, and streets based on the existing context within and around the hub, which was informed, in part, by public and stakeholder feedback.

The following objectives were developed for the Burlington GO Mobility Hub

The existing area around the Burlington Hub is comprised of large parcels in areas heavily fragmented by rail/spur lines, grade separated overpasses and underpasses and wide arterial City and Regional streets.

The study area is almost void of any existing residential uses, with the exception of the residential Paradigm development on Fairview, that will have residents in the first of five towers in the near future.

The area also lacks any functional parks or open spaces. Most of the properties currently contain large-scale and/or auto-centric commercial uses as well as heavy employment uses both within and adjacent to the study area.

Within the Burlington GO Mobility Hub, the following were identified as additional unique objectives for this area:

• Limiting intensity in areas within close proximity to existing industrial uses which continue to have a planned employment function; and,
• Locating the highest intensity developments in locations that will support strong active transportation and frequent transit corridor connections as well as provide new uses and amenities that will support the planned functions of both the Urban Growth Centre / Downtown Mobility Hub and the Burlington GO Mobility Hub;

Within the current and Council-adopted Official Plans, the City utilizes a precinct planning system for the Downtown in place of traditional city-wide land use designations typically found in other areas of the city. For Burlington, this precinct system allows for the recognition, and focused long-term planning of, discrete but inter-related areas, each with their own specific characteristics and/or planned role/function within a concentrated geographic area of the city.

Because of the limited geographic area within which precincts apply, precincts can provide the opportunity to establish highly detailed and customized policies and regulations to address a variety of matters specific to that area.

As a result of on-going public and stakeholder feedback, technical studies as well as discussions with Council at the December 4th, 2017 Committee of the Whole workshop, staff incorporated general changes in terms of mapping and terminology as part of the development of the draft precinct plans which are presented in this report. The following outlines these changes:

• Mapping Changes

1. Conceptual Streets/Public Rights-of-Way: Early-stage concepts included the identification of conceptual street locations (including both new streetsand extensions to existing streets) to improve pedestrian and cycling permeability throughout the hub as well as to enable conceptual opportunities for new development on large parcels. For the purposes of precinct planning, the majority of the conceptual streets have been removed from the mapping with only key new or extended arterial streets being retained in mapping.

The location and nature of any additional streets/public rights-of-way will be subject to the outcome of identified transportation/traffic infrastructure requirements resulting from the Mobility Hubs transportation studies and incorporated as part of future draft Area Specific Plan mapping and policies for public consultation in the new year.

2. Proposed Parks and Open Spaces: Early-stage concepts included the identification of new park locations as well as the conceptual configuration of such parks. The exact configuration of parks was, in part, correlated to the conceptual street network which has been removed for the purposes of precinct plan As a result, staff have refined the mapping to identify parks with a symbol rather then an exact configuration. However, the general locations of key proposed park locations have been maintained and are reflective of staff collaboration with the City’s Parks and Open Space team.

Upon completion of a more detailed street network, staff will identify any recommended detailed park requirements, including sizes and configurations, as part of the future draft Area Specific Plan mapping and policies for public consultation in the new year.

• Terminology

1. Community Use – Public Service Terminology: Early stage concepts included Community Use (CU) symbols to indicate the need for community use facilities in particular locations throughout the hubs. For clarity and consistency, staff have revised the terminology from Community Use facilities to Public Service facilities to align with the terminology included in the City’s newly adopted Official Plan and the terminology used in the Provincial Policy Statement. These facilities will accommodate current and future public services within the hubs including healthcare, education, emergency and protective services, cultural activities, and civic administration, among other things.

Since the Fall of 2017 staff have held numerous public engagement events to engage with the community about the future of the GO Station Mobility Hubs in various formats including public open houses, online surveys and individual meetings with various residents, property owners and other stakeholders.

Staff held nine (9) public open houses, three within each of the GO station hubs,  to solicit feedback regarding the most recent draft precinct plans presented through this report.

Staff have identified the following recurring topics which have emerged from feedback provided by the community to-date with a corresponding staff response.

Parkland dedication requirements:

Some property owners and developers have expressed concerns regarding the potential need to provide parkland dedication to the City as part of a future development as identified in the draft precinct plans.

Staff Response:

Under The Planning Act and City of Burlington Parkland Dedication By- Law, the City is entitled to a parkland dedication from a development equaling 1.0 hectare for every 300 residential units or 2% of the total land area for commercial/industrial developments. Historically, in urban intensification cases where physical parkland was not deemed to be required, the City has exercised cash-in-lieu of parkland in accordance with The Planning Act and the City’s By-law. In the mobility hubs, physical parkland dedication will be a priority as these areas are being comprehensively planned as transit-oriented urban neighbourhoods that will accommodate a significant increase in residents and employees relative to what exists today.

The provision of new park spaces will be integral to ensuring that the mobility hubs are developed as healthy, active and livable neighbourhoods. As such staff have been highly focused on identifying new strategic park locations which would be the focus of future parkland dedications resulting from redevelopment. In identifying new strategic parks, staff have been cognizant of the potential constraints a physical parkland dedication may have on the overall redevelopment potential of a property. Working in collaboration with the City’s Parks and Open Space team within Capital Works, the precinct plans identify significant park locations within the hubs to ensure park needs for the entire hub are not borne by a single property and to also ensure that park locations are focused on larger parcels which have a greater opportunity to provide a parkland dedication while continuing to allow for significant redevelopment of the site.

Maximum height of tall buildings:

Comments have been received expressing concerns regarding the maximum height peak that could be achieved within the GO station mobility hubs.

Staff Response:

The draft precinct plans provide for a mix of building types at varying heights and intensities. The tallest and highest intensity developments are limited to the “Central” precincts proposed within each of the GO hubs.

Generally, these precincts are located in closest proximity to the GO stations themselves and rail corridor which provide for a significant separation from low density residential areas within or adjacent to the hubs. The draft precinct plans contemplate a maximum building height of 30 storeys within these precincts.

 

This maximum building height is intended to recognize the significant opportunity these sites have to accommodate both population and employment growth in close proximity to higher-order transit balanced with the need to ensure that building intensity is limited so as to not permit long-term build-out of the mobility hub to be concentrated to a limited number of properties. Staff continue to review best practices from other municipalities for this precinct and continue to seek community feedback regarding this proposed maximum height for these “Central” precincts.

It must be noted that not all sites within a “Central” precinct, or any precinct contained within the mobility hub draft precinct plan, may be able to achieve the maximum building height contemplated. The ability of a development to achieve the maximum permitted height/intensity will be based on a variety of site specific considerations such as shadowing, transportation impacts and other infrastructure capacity matters, among others, which can only be properly assessed at the time of a development application.

Current and future traffic congestion:

Concerns regarding impacts of future development within the mobility hubs on traffic congestion have been raised consistently throughout mobility hub public engagement.

Staff Response:

Consultants for the Mobility Hubs project are currently undertaking transportation studies to evaluate the existing traffic conditions within each hub and the projected impacts resulting from the planned people and jobs capacity of the hubs at build-out. This information will inform staff’s development of new transportation policies and new transportation infrastructure proposed for each hub, including potential active transportation connections and new streets, which will be needed to mitigate future impacts. More detail about all technical studies being undertaken as part of the development of the Area Specific Plans, including transportation studies, are provided in Section 6.0 of this report.

Compatibility with established residential neighbourhoods:

Concerns have been raised by residents of established residential neighbourhoods both within or adjacent to each of the mobility hubs about the potential impacts of tall building on their homes and neighbourhoods.

Staff Response:

As part of staff’s development of the draft precinct plans, tall building precincts were located in strategic areas to mitigate potential impacts on any existing established residential neighbourhoods and further refined in response to public feedback received through the various public meetings held. Each of the mobility hub precinct plans also utilizes a variety of building typologies and scales of development, such as mid-rise buildings and low-rise formats, to create transitions between the tallest buildings in the hub and any established residential areas.

As staff develop detailed policies for each precinct through the Area Specific Plans, additional building design and built form requirements will be investigated and established in policy and future design guidelines, to further enhance the compatibility of developments that occur adjacent to established neighbourhoods.

These measures may include, but are not limited to, angular planes, building setbacks and landscaping buffers. In addition, compatibility matters are further reviewed and addressed on a site-specific basis at the time of a development application

Burlington GO Mobility Hub

Supply of public parks and community amenities:

It has been recognized that the Burlington GO mobility hub study area is currently absent of any public parks and community gathering spaces.

Staff Response:

Through the draft precinct plan for the Burlington GO Mobility Hub, staff have focused on identifying numerous strategic parks and potential public service sites to serve new residents and employees of the hub. Given the presence of various rail and spur lines, over/under passes and large arterial streets which result in a fragmented urban structure, staff have focused on distributing park locations and other public use functions throughout the hub to ensure all new residents and employees to this hub will have meaningful access to these integral neighbourhood amenities.

Active transportation connections and permeability:

Residents in the Glenwood Park established neighbourhood located north of the rail line and east of Burlington GO station have identified a need for additional, direct pedestrian and/or cycling connections from the neighbourhood to the Burlington GO station.

Staff Response:

New active transportation linkages have been identified in the precinct plan that would connect the neighbourhood to the GO station. These linkages would be achieved at such time as the intervening lands located between the neighbourhood and the GO station are redeveloped.

Employment land conversion

Within the Aldershot, Burlington and Appleby GO Mobility Hubs, there currently exist Locally and Regionally identified employment lands. As part of the new Official Plan process, the City studied its employment lands. As part of the “Burlington Employment Lands Policy Recommendations and Conversion Analysis Report” prepared by Dillon Consulting, both City and privately initiated employment conversions were considered. The report also included a detailed analysis with respect to employment lands in close proximity to Mobility Hubs.

The outcome of the analysis was to establish which lands would be preliminarily recommended for conversion. It is critical to note that a recommendation for conversion does not imply that the lands are no longer intended to serve an employment function. Rather, a preliminary recommendation to convert should be understood to mean that the City wants to achieve a mix of uses including employment, commercial and residential. Equally important is to reinforce that a potential mix of uses does not necessarily include residential uses, but could include a broader range of commercial uses.

The City’s recommendations for the conversion of employment lands can be organized into two categories: those conversions to support sites with unique constraints; and, those conversions to support the emerging urban structure. Employment land conversions within the Mobility Hubs support the emerging urban structure and constitute the majority of lands and parcels recommended for conversion.

The new Official Plan presents the Area of Employment overlay which both removes and adds land from the Regional Area of Employment overlay. Lands that are proposed to be removed from the Regional Area of Employment overlay will be deferred and considered subject to the Region of Halton Official Plan Review.

The Area Specific Planning (ASP) process will proceed with planning of these lands in the context of the broader objectives of the Mobility Hubs Study and the guiding principles and unique considerations for each of the hubs. The ASP process also plans to achieve new employment uses within the Mobility Hubs which are compatible in a mixed-use context.

Area Specific Plan (ASP) Development and Timing

The development of the draft precinct plans included within this report are key inputs into the creation of the Area Specific Plans (ASPs) for the three GO Station Mobility Hubs. ASPs are plans that apply to a specific geographic area, such as the City’s four Mobility Hubs. ASPs can include a variety of studies and contain specific policies to guide future development which can form the basis of an amendment to an Official Plan. City Building staff are continuing work on the ASPs for the Downtown and the three GO Station Mobility Hubs. The work will include the development of more detailed policies which are not otherwise developed at an Official Plan level of detail. These include, but are not limited to:

• Site-specific constraints;
• Detailed heritage analysis;
• Phasing of development;
• Infrastructure capacity;
• Stormwater management including floodplains;
• Feasibility of future transportation connections;
• Additional sustainability measures;
• Area-focused community engagement;
• Implementation and incentive tools; and,
• Further area-specific design

In terms of timing, staff will be bringing forward four Area Specific Plans by Q1 2019.

ASP Technical Studies

Preliminary technical information regarding the projected densities; market analysis; environmental studies; stormwater, water and wastewater assessments; cultural heritage resource assessments and archeology were previously provided.  . The suite of technical studies consists of the following:

Environmental Impact Studies – A scoped Environmental Impact Study (EIS) is being completed for each of the four Mobility Hubs as part of this planning study. The purpose of each EIS will be to inventory existing conditions of the natural environment (e.g., woodlands, wetlands, valleys, wildlife habitat, watercourses), identify the potential impacts that the proposed Area Specific Plans may have on these features, and develop high-level mitigation plans, where appropriate, focusing on appropriately minimizing or eliminating impacts. The proposed approach for the scoped EIS work is to focus on two key objectives:

1. Identifying lands which are not suitable for development based on their significance or related constraints; and,
2. Identifying opportunities for ecological restoration, as a number of the lands around the hub areas are heavily

Functional Servicing – The detailed Functional Servicing Study involves a review of the existing water and wastewater services accessible to each of the hubs; confirmation of the capacity of the water and wastewater services accessible to each of the hubs; and preparation of water and wastewater servicing concepts for each of the hubs. This study will inform the Area Specific Plans in regards to water and wastewater infrastructure capital needs.

Air, Noise & Vibration – A Pre-Feasibility Noise and Vibration Study is being completed for the Aldershot, Burlington and Appleby GO Mobility Hub study areas (note: Burlington Downtown is excluded from the Noise and Vibration Study Scope). The Noise and Vibration Study includes reviewing the noise and vibration impact of introducing new sensitive land uses in proximity to existing stationary and transportation noise sources (e.g. industrial, rail, etc.). The Study will identify potential impacts which may exist and identify areas of impact and associated potential mitigation measures which may be required within the study areas. In addition, Provincial guidelines such as the D-6 guideline for compatibility between industrial facilities and NPC-300 for stationary and transportation noise, will provide staff with an understanding of the development constraints which may exist with respect to the introduction of sensitive land uses, such as residential uses, within the mobility hubs

Air Quality Impact – An Air Quality Impact and a high-level Risk Assessment Study for the Aldershot, Burlington and Appleby Mobility Hub study areas is being completed (note: Burlington Downtown is excluded from the Air Quality Study). This Study will review the air quality impacts of introducing new sensitive land uses (clusters of future sensitive receptors) in proximity to existing stationary and transportation sources of air emissions (e.g. industrial facilities, rail, highways, etc.). The Study will review these impacts, which exist within or outside the respective Mobility Hub study areas. Results of the risk assessment will be used to develop strategies to mitigate potential air quality impacts associated with the respective Mobility Hubs.

Transportation – A transportation study is currently underway to identify future transportation needs and parking strategies for all four Mobility Hubs. This Study will review the transportation network and identify improvements and enhancements needed to support the plans and encourage multi-modal transportation solutions. The Study will review the current and planned active transportation networks and identify improvements. Further, transportation demand management (TDM) strategies and policies will be developed for each hub. This work will also include a strategic parking review to identify appropriate parking rates within the mobility hubs and strategies to achieve the desired modal splits. This work will also identify a framework to deal with the changing parking demands over time and appropriate use of off-street parking; municipal parking lots, and shared parking.

This particular study is years behind – it is a critical part of the planning decisions that have to be made

Market Analysis – A market analysis is being completed for each Mobility Hub study area to help guide the planning and urban design aspects of the project. A contextual market analysis of the City of Burlington is being completed along with a more detailed assessment of the four Mobility Hub study areas. For each station area, the assessment will include development trends, land values, and an assessment of how the study areas relate to the Burlington and GTHA marketplace. This will include assessing the nature of residential, commercial and office development including both tenant and buyer profiles. This analysis will give a broad idea of the nature of long term demand and the expected development trends looking forward.

This work will also identify other development opportunities and challenges related to development economics and feasibility, the protection/enhancement of existing employment functions, development phasing, the need for financial incentives, population and employment forecasts for the land use scenarios, and other related market considerations. This analysis will inform and ensure the Area Specific Plans are both marketable and feasible from a development and economic perspective. In addition to market inputs, this study will provide strategies and advice related to overcoming development challenges (e.g. fragmented ownership and prohibitive land values, contaminated lands, land use compatibility concerns, etc.) and achieving municipal objectives (green space, affordable housing, community facilities, appropriate housing mix, etc.).

Fiscal Impact Analysis – The intent of the Financial Impact Analysis (FIA) is to measure the operating and capital cost impacts of intensification within each of the Mobility Hubs, both individually and in aggregate, for various types of residential, non- residential, and mixed-use development. The FIA would be undertaken for City and Regional services and measure the incremental costs for new development, including new infrastructure and associated lifecycle replacement requirements.

Archaeological / Cultural Heritage – The archaeological study will provide information about the history, current land conditions, geography and previous archaeological fieldwork of the hub areas. The Cultural Heritage assessment will focus on conducting and analyzing background research and field survey results for the purposes of identifying impacts of the proposed undertaking on cultural heritage resources.

ASP Implementation

Following the completion of the Area Specific Plans, there will be an implementation phase to the Mobility Hubs project. The implementation phase of the project will include the development of a wide range of tools and detailed discussion of partnerships required to implement the area specific plans over time. This phase may include the development of zoning by-law regulations; form-based codes (i.e. development permit / community planning permit system), urban design guidelines, community improvement plans, etc. Following the conclusion of the implementation phase, it is important to note that other development processes will be required. Development processes may include applications for minor variance, site plan, site-specific zoning and/or official plan amendments or development permits.

The Downtown Mobility Hub Area Specific Planning process has been conducted concurrently to the new Official Plan process. The Downtown Mobility Hub process has resulted in new policies and schedules that have been incorporated into the new, Council-adopted, Burlington Official Plan.

Citizens can expect much more on the Downtown hub once they get into the review of the Official Plan that has been returned to the city by the Region as not being complete.

To achieve the long-term objectives of the four Mobility Hubs including transportation modal split targets, future development in the Mobility Hubs must be supported by other ongoing City initiatives. There is an important symbiotic relationship between the Mobility Hubs Area Specific Plans and the City’s Transportation Plan, Cycling Master Plan, Community Trails Strategy, the Integrated Transit Mobility Plan and the Downtown Streetscape Guidelines, all of which are necessary to ensure that the four Mobility Hubs are connected to city-wide destinations through active transportation networks, a frequent transit network and well-designed complete streets.

Conclusions:
The draft Precinct Plans for each of the GO Mobility Hubs were said to achieve key important city-building objectives including: the provision of a variety of housing forms to attract a broad range of demographics; creating opportunities for new and enhanced public parks and open spaces; the provision of sites for future community and public services; the concentration of tall buildings in proximity to higher order public transit (GO Transit) as well as the frequent transit corridors; the establishment of height peaks and built form transitions; and the provision of development permissions that will attract future population and job growth.

With a demand for more meaningful participation on the part of those who take an active interest in the kind of city Burlington is going to evolve into and a city council that has said it wants to respect the citizens that elected them – what gets built on the mobility hub sites may well be quite a bit different than what the planners have put forward to this point.

The city is at a critical transition point – whether or not this city council can pull it off is a large part of what 2019 is going to be about.

Planners Rosa Bustamante, Manager of Policy Planning – Mobility Hubs, Phil Caldwell,  Senior Planner – Mobility Hubs and Kyle Plas, MCIP RPP, Senior Planner – Mobility Hubs and  Samantha Romlewski, M.Pl., Planner II have been the leads on this file.

By Staff

January 5th, 2019

BURLINGTON, ON

 

The National Homes proposed development on Brant street just south of Havendale has been contentious since the day it got to the city Planning department.

It was probably the worst managed planning file in 2018.

At one point it looked as if the development was going to get approved without a staff report and without much in the way of public input.

The biggest thing the public had going for them was the exceptionally good delegation made by the people in the Havendale community and some exceptional analysis by Steve Armstrong.

The legal talent hired by National Homes found a way to skate around the rules and confuse, obfuscate and basically jerk everyone around until a critical time frame was met.

The Planning department has to give a developer a response within 180 days of a complete development application being submitted.

Ed Doer, a member of the group of residents who delegated on the issue verbally set out the gruesome details that backed up the written delegation.

When that 180 day period ended the developer filed an appeal to what is known as the LPAT – Local Planning Act Tribunal. Due to the transition taking place from OMB – Ontario Municipal Board – hearings and LPAT hearings the appeal was to be heard under the OMB rules. Confusing? – agreed and that confusion was worked to the developers benefit.

To add to the mess was the fact that the outgoing council voted to approve the development even though five of the seven members of council knew they were not going to be serving on the new 2018-2022 council.

Some felt the old council had no right to vote on the matter – others thought they were required to vote on it.

An LPAT hearing had been scheduled for December 17th, it was originally a Pre-hearing Conference (PHC). The National Homes legal counsel asked that it be heard as a Settlement Conference – they felt they had a deal in place.

The city’s legal department kept taking council into closed session (in-camera) to explain why this development was fraught with legal issues that they didn’t want to talk about publicly.

The Gazette learned that the city’s legal department thought they could see another Walmart like case coming their way. That case is reported to have cost the city fifty big one ($500,000).

The LPAT hearing took place and the hearing officer decided that it would be a PHC and adjourned everything to a date in early April.

Mayor Meed Ward made a comment on Facebook that brought out some very mixed responses.

Here is what the “public” had to say:

The Mayor:
Withdrawing the settlement allows the current council, the community and the developer to continue to work on this project to get a better development. Settlement should never have been voted on by previous council, post election when 5 of 7 councillors were known not to be returning.

Public responses:

Rita Giammattolo Hardy Awesome work by our new Council . . . . thank you all for listening to the residents. 🙏🙏🙏

Andrew Alexander
I don’t know why people are against this? Looks like a great new development on vacant land. It also adds affordable houses to people wanting to move into Burlington. The plan looked great.

Lisa Cooper I am not totally for this project, but to say the previous council should not have voted on it is presumptuous. As far as I can tell they were still a paid council to do their job no matter how many seats were going to change on council.

Sean Kenney Sad day for fair process in Burlington. The council of the day had the right to make decision to settle and they did so. Hopefully when LPAT awards costs to the developer the new Council will be transparent and let us know what the costs are.

In the world of politics you can please some of the people some of the time – you can never please all the people all the time.

This dog and pony show is far from over.

The question one might ask is: why is the Mayor taking to social media as frequently as she does?
Because it works.

It is beginning to look like government by photo op, Facebook comment and tweets. Major issues should be given the background and detail they need and deserve.

We are watching just how much damage can be done when social media is the platform used to debate and discuss important issues.

Related new story:

The Ed Doer delegation