Molinaro Group lets the public see what they want to take to city planners for the Brant - Ghent intersection.

By Pepper Parr

October 14th, 2021

BURLINGTON, ON

 

The Molinaro Group spent years assembling the 13 properties at the Brant and Ghent intersection.

Now they are ready to develop.

The proposed development spans three of the dour corners at Brant and Ghent

They have broken the development into three sites which they refer to as Parcel 1, 2 and 3

It will be the biggest development the Molinaro’s have taken on in Burlington and will be, in their words, a Gateway to the downtown core.

Looking south at the Brant – Ghent intersection

The development does not fully comply with the in force Official Plan but does comply with the approved but not yet in force Official Plan.

The proposal is for a Multi-phase, mixed-use development, comprised of a 25-storey tower and a 14-storey tower 425 residential units in Parcel A;

a 25-storey tower (328 residential units) in Parcel B and an

8-storey mid-rise building with 128 residential units in Parcel C.

Ground floor commercial area is proposed for Parcel A and B. Underground parking (including bicycle parking) and limited surface parking area is proposed.

None of the traffic will exit onto Brant – the intention is to have the traffic exit and enter from Ghent.

The design is considerable different than what the public was shown during a pre-application earlier in the year.

At that time the two towers on either side of Brant were mirrors of each other. It looked good at the time but the architects took a different approach at the Statutory meeting.

A park is proposed for the east end of the the development. The park would be owned by the Condominium Corporation that would be formed when the development is complete.

One of the most interesting aspects of the development was the inclusion of a park on the east end of Parcel 2. The park was to be a Privately owned with Public Access Space, known in the planning world as a POPS.
The really interesting comment that came from Ed Fothergill, planning consultant for the Molinaro Group was that the park would be owned by the Condominium Corporation.

Some renderings of what the park night look like – it would be accessible to anyone in the city.

To imagine that a condominium corporation is going to operate and maintain space that is open to the public is a stretch.

There were a few delegations.  The one delivered by Jeff Bienhaus didn’t pull any punches. Working from a document he called: Stick With the Plan Burlington, Bienhaus said the plan should be dismissed.

In a document that was included in his delegation Bienhaus wrote: “I would appreciate the support of our council to STICK TO THE PLAN of development as it was originally presented at the corners of “Brant and Ghent” with low rise development. The low rise is in keeping with our community and neighbourhoods in check with healthy growth and minimizing traffic congestion, noise and density.

I am opposed to the requested changes that are being proposed by the developer in
building  25 storey towers. This pace of building is overwhelming for this already busy
area.

I do hope that Mayor’s Meed-Ward original platform that she ran in stopping the
density will be kept and she does stand up for us …. PLEASE STICK TO THE PLAN

Pointing to the 2018 election results Bienhaus said the people he is working with want:

A clear message on what Burlington thinks about developer lead densification

A clear message that the Official plan for densification was not in the interests of residents.

A clear message that residents not developers will say how provincial targets will be met.

He added:

This is not what existing residents signed up for

Proposed 25 story ask is not even close to the current zoning of 2.5 and 6 story zoning

Extreme heights are not justified

Developers win, residents lose, who do you represent?

And closed with:

We call for a complete and full dismissal of this ridiculous zoning proposal on these and other grounds shared by similarly concerned residents

The Mayor didn’t offer much in the way of clear statements other than pointing out that the development proposed did comply with the approved but not yet in force Official Plan.

 

 

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City of Burlington seeks input on Major Transit Station Areas

By Staff

October 12th, 2021

BURLINGTON, ON

 

The Burlington you know today is going to be a lot different in a decade – the major development will take place around the GO Stations.

Concept drawing for the development proposed on Fairview at Drury Lane – next to the Burlington GO station

The City of Burlington is continuing to seek input from the community about the Aldershot, Appleby and Burlington GO Major Transit Station Areas (MTSAs) through upcoming virtual meetings hosted by City planning staff.

The City is developing Area-Specific Plans (ASPs) for Burlington’s three Major Transit Station Areas to create a vision for future growth. The goal is to build complete communities close to transit, services and amenities by locating more people and jobs within about a ten-minute walk of the GO stations.

This will allow more people to live, connect, work and play in Burlington’s existing urban area, while protecting the city’s natural heritage and agricultural systems from urban expansion. The focus on development near transit will also help the City respond to climate change by providing more sustainable options for travel.

Building on work that was started with the Mobility Hubs Study in 2017-19, preliminary preferred precinct plans, policy and zoning directions for Burlington’s MTSAs have been developed for public input. Public feedback, findings from technical studies, and planning analysis will be used to develop recommended preferred precinct plans for endorsement by City council.

Once endorsed, the preferred precinct plans will be used to develop Area-Specific Plans (ASPs), which will define the City’s vision for guiding future development in the MTSAs based on land use, building heights and urban design considerations. Once approved by Halton Region, the ASPs will be implemented through the City’s Official Plan and Zoning By-law.

Residents and stakeholders can attend one or all four virtual Public Information Centres to get more information and learn about the project:

  • Aldershot GO MTSA
    Wednesday, Oct. 13, 2021, 7 to 9 p.m.
  • Burlington GO MTSA
    Tuesday, Oct. 19, 2021, 7 to 9 p.m.
  • Appleby GO MTSA
    Tuesday, Oct. 26, 2021, 7 to 9 p.m.
  • All MTSAs
    Tuesday, Nov. 2, 2021, 7 to 9 p.m.

The survey will close in the near future

Zoom links and call in numbers to join the meetings, visit getinvolvedburlington.ca/mtsa.

This page also contains project Background Report and detailed study area boundary maps, an online workbook to share feedback and an option to subscribe for project updates. Residents can connect with MTSA staff at mtsa@burlington.ca or 905-335-7642.

Heather MacDonald, Executive Director of Community Planning, Regulation and Mobility said:  “Burlington is in a new phase of city-building with future growth occurring mainly through intensification within the existing urban area. We are reaching out to residents to hear their thoughts on Area-Specific Plans (ASPs) for our city’s three Major Transit Station Areas (MTSAs) while we work to prepare them. This feedback is integral to create a vision for future growth with complete communities close to GO Stations. We want more people to be able to live, connect, work and play in Burlington, while making sure we protect the city’s natural heritage and agricultural systems from urban expansion.”

Links and Resources

getinvolvedburlington.ca/mtsa

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Adding 18 people to the Planning staff to handle the development applications in the pipeline: there are 47 of them

By Pepper Parr

October 11th, 2021

BURLINGTON, ON

 

Jeremy Tellier is one of the more entertaining members of the Planning Department in Burlington.  That isn’t to suggest there is no depth to the man – he has his facts down solid and understands the short, intermediate and long term impact of decisions that are being made.   His client relationship skills are second to none.  It is his delivery that makes him special.

Thus it was one day last week that Jeremy was taking Council through an ask to hire more than a dozen new staff members for the planning department.

The budget impact? None basically.

Tellier set the scene when he put up a graphic that set out what the city is heading into.

Jamie Tellier started his Staff report to Council last week with a stunner of a document.

“The technical issues and complexities are beyond anything that we’ve seen before, and that leads to increased time and effort to process those applications” said Tellier.

“I apologize for repeating myself because I know you’ve heard it before, but I’m gonna say it again, greenfield development is effectively over, our growth is going to occur from within, through intensification.”

The delivery of development services, depends on people power; … “the report before you lists the services that are needed to increase our capacity in critical areas, and enable staff to meet the legislative timelines that we have to deal with, as well as deliver on Council’s Land Use objectives and customer experience expectations.

We were already taking into account phasing and timelines of major projects, we really tried to just focus on those projects that we’re likely to obtain building permits in the short term. “What we’re going to do is take a more granular look at the extent of development that is in the planning pipeline, regardless of phasing and timelines. We think this is everything that we’ve got,

“This is a slide that’s gives you the snapshot of all the development activity in the planning pipeline for active major applications for residential development. Site plan applications that have not yet been received, meaning they are in pre-consultation or about to come in for pre- consultation. You can see site plans that are currently in the review process.

All in all we have 47 active applications in the planning pipeline that amount to approximately 19,100 residential units.

Now the table on the bottom we broke up that total units into building typology just to help understand some of the distribution.

We don’t expect 19,100 units to be built in the next couple of years, this, is everything we know of that is in our planning pipeline at various, various stages of planning approvals, we expect to spend the next decade on this working from a true planning and building to occupancy perspective.

This is easily a decade of construction activity in the city.

This slide is a snapshot of the planning pipeline for active major applications for employment development. the point of this slide is to show that more jobs are coming to Burlington.

None of this work has even made its way into building permits yet.

This slide shows building permit activity and construction costs over the past few years.  The number of permits issued is still less than what we’ve seen in previous years.  While we may have less applications coming in than we’ve seen in previous years. They are increasingly large and complex, hence these high construction values that you’re seeing on a chart, and this is a great reflection of the capacity issues that we’re experiencing across all of development services.

The previous slides were just the planning pipeline, none of that has made its way into building permits and none of that is even reflected in these charts because this is just what what is happening right now on the building permit side of things.

Staff anticipate this sustained development activity is going to require the following needed staff positions:

  • Community Planning:
    • (1) Coordinator of Business Services and Committee of Adjustment
    • (1) Coordinator of Urban Design and Special Projects
    • (1) Zoning Reviewer
    • (3) Planner II
    • (2) Senior Planners
  • Engineering Services:
    • (2) Senior Technician (Site Engineering)
  • Transportation Services:
    • (1) Supervisor of Planning (Transportation Planning)
  • Building Permit Services:
    • (2) Policy & Regulatory Services Clerks
    • (1) Policy & Regulatory Services Supervisor
    • (1) Building Permit Technologist
    • (1) Coordinator of Building Permits (reallocated)
    • (2) Senior Building Inspectors (reallocated)

Should Council approve the recommendation of this report, it is expected that all positions will be immediately posted for recruitment with a priority for Engineering Services to resolve urgent capacity issues on the Site Engineering team. It is noted that the Engineering Services Department intends to use consulting services in the interim to address the capacity issues in Site Engineering until the recruitment is complete.

To ensure cost recovery for development services, a planning application fee review is currently underway; we’re targeting completion by the end of this year. The last time we did this type of deep dive into our planning fees, was in 2012.

This was one of the last greenfield developments in the city. There isn’t any more space in the Urban Boundary which is basically at Dundas Street

Burlington has effectively built out to its edges, we now have to grow from within, and development is almost entirely in an infill context and development applications and an infill context are increasingly complex and require more staff effort, which then affects our cost to deliver our services. So full cost recovery for development services is critical for long term fiscal sustainability. In other words, we need to minimize our dependence on the tax base for the operating costs of development services.

Tellier used a couple of case studies to help understand the order of magnitude of revenues and fees that get collected through development services.

“On the Molinaro property, the phase one development, consisted of two 20 storey towers and one 24 storey tower with 559 residential units. When you look at the table on the slide, what’s interesting is this development only required site plan approval.

“And you can see if we were processing the site plan under our current fee schedule like as of today, the fees would would come out to a little over $81,000 Just for the site plan application, and then the three building permits for the three towers – those permits worked out to over a million dollars in building permit revenues. Development Charges worked out to over $11 million, and in development charges Park dedication – over $3 million. And then lastly, the condominium application, a little over $3,000.

“Here’s another example of a Carriage Gate Berkeley Medical One development this project consists of a 17 storey tower with 120 residential units, an eight storey office building, with a little over 10,000 square meters of retail and office area, a six story parking garage with 226 parking spaces. There are some section 37 benefits as a result of the rezoning. This development did require an official plan amendment and Zoning Bylaw Amendment – if we were processing this today, you would see the fees would be over $109,000 in revenues, just for the Official Plan and Zoning Bylaw Amendment. And then you can see for site plan that if we were receiving that application and processing that today it would be a little over $43,000.  What’s interesting here is the only part of this development, the apartment building, has been constructed. The parking garage, and the office building have not yet come in for building permits, and so that’s reflected in the building permit fees of $314,000, which have been collected,

“Same thing with development charges, a little over $2 million, and park dedication that’s $660,000, and the condominium application – a little over $3,000. The Official Plan Amendment and the site plan approval approved the entire development so the developer doesn’t need to come back to planning, if they wish to build what was previously approved on that site.

“In order to handle this flood of development application and stay within the time frames the planners have to work with everything is dependent on improving staff capacity across development services.”

That concluded the Staff presentation; it was on to questions from Council members.

Ward 5 Councillor Paul Sharman

Councillor Sharman was the first out the gate saying “You know, I’ve been trying to figure out how many applications we have in the pipeline, for a few years. We used to have a monthly development activity report by ward that was extremely insightful, we stopped doing that now my assumption was we stopped doing that because we had similar information on the Planning and Development website under development, or applications by ward… can we please get back to having a report?

Sharman added that “we also need the operations review meeting every month. What can we do to get that information, please?

Mark Simione responded: “Yes, we’re absolutely in agreement someone will provide that information. It’s simply a matter of acquiring the data that’s repeatable, verifiable and accurate. There’s no disagreement from staff we completely agree that this is a worthwhile project.

Councillor Bentivegna had a question around the “new staff that we need for the next phase of our growth. I think the numbers when you add them up come to $1,000,007 per year needed  to carry on. And from your case study, numbers, just using the Molinaro project on Fairview we’re looking at $15 million in terms of revenues from that one project.

“Are those dollars we’re receiving as part of the permit fees, will they be distributed to some of those departments or how are we going to deal with those extra expenses. If they’re not included into this, and maybe the city managers are willing to answer that or someone in financing. That’s my first question.

City Manager Tim Commisso spoke: I’ll be real brief.  It’s of significant concern in terms of making sure that all the departments have the capacity so the reality is, that we are limited in terms of what we can collect fees for – I just want to acknowledge that that is on our radar.

Tellier added: “First and foremost is to recover the direct costs for development services, but understanding that there’s so much support from other departments, those indirect supports and development services from the departments I had mentioned in my presentation and I think they’re also identified in the staff report.

Ward 2 Councillor Lisa Kearns

Councillor Kearns asked if: “This readjustment of the organizational design is based on what’s coming down the pipe, in terms of the mega projects for all intents and purposes. What about the smaller projects. The, you know, the trending areas in our city where it’s a knock down and build one home. The permits and so on. We’re doing this to speed up this service to improve the quality of the service all of all of the right things. When will we see the effects of increased or reduced times to get things approved, both for large operations, and for the little person who’s redoing their home, because right now it’s stressful. These are the sort of emails we’re getting at this point where it’s taken quite a long time, so can we comment on that please?

Heather MacDonald explained: “We’re not just looking at the big projects, we are definitely looking at infill projects as well, which are very complicated, often what I find more complicated than in dealing with Greenfield applications, because they are in established areas, and we are, you know, concerned about impact on the surrounding area. And also, sometimes dealing with applicants that are not the big developers are experienced developers so they that requires a lot more time and effort to work through the process.

“We have been through a couple of the pain points in the process for smaller applications, those being forestry and zoning, and in those two areas we’ve seen great improvement in how quickly we can process a couple of other pain points in the process that we need to, to address more fully, one being site engineering and that is definitely in this recommendation before you today for assistance in that area.”

You may recall, explained Tellier “that the first couple milestones was just trying to establish the structure and some stability in our department, we had a lot of staff that we had contracts upon contracts; it was a structure that didn’t quite align with the type of established work that occurs in established neighborhoods.

“We’ve reorganized the department into teams. We’ve re-arranged our structure and created stability. Now we’re at that third milestone of improving our capacity.

“That’s where we’re gonna start seeing the difference across all of development services exactly as Heather mentioned, when we think about forestry and site engineering and zoning and all the work to date that they do. In addition to that as we start thinking about the ability for us to work with our IT department so we can start improving our technology and our customer portals to empower customers, we’ll find some efficiencies there to help our customers succeed beyond what we can do right now.

“This is self financed within the system.”

Councillor Kearns had a final question: ” I just want to understand how we are working in two parallel tracks between designing and evolving the organization and then working within the actual budget process that does allocate FTP, some of which are revenue supported from tax and some of which are supported through the tax base.

“I’m just looking for that differentiation because what I’m not quite seeing now, and I’ll ask staff this separately is there an additional service level that’s being met, or is this to satisfy baseline so first? Why, designing and evolving the organization and not budget, and second baseline versus enhanced service.

Treasurer Joan Ford responded: “It’s all one. For purposes of this report there was a sense of urgency to try to get this in place. You are responsible for approving staff complement. So the HR positions, the complement falls with you. You can do it either at budget time or you can do it at any time .

“As has been indicated these  positions are fee funded. And so, what we would do is we would include the HR costs in the budget, and we would increase the revenues to support those staff that have been approved. Once you approve this report.

“With anything there is risk. And one of the risks, is that the revenues may not be there in a given year to support the staff. We do have a reserve fund for both development application processing and building permit fees. As long as the revenues are there to sustain it. There shouldn’t need to be a huge draw from the reserve funds, but it is there, should we need it.”

Asked to move the report Councillor Kearns had one more question. “… back to planning staff and does this simply support baseline operations to meet all of the Key Performance Indicators (KPI’s) that are in place, or is this providing an elevated level of service?

The answer was: “This will assist us in meeting legislated timelines that we are required to meet, and also to better meet customer expectations. This will also position us to be able to handle the increased activity that we expect. So it’s both. Really, we need the assistance and the increased capacity right now.”

Kearns again: “I do have a third question. I’m just wondering if it’s possible to put together a bit of a media release or a news release. I can say that my office has been inundated with requests around permit processing times, things of that nature and I’d like to have something available to respond to our community members that have reached out, letting them know that we’ve made this really insightful analysis and carried through with the request of staff to increase a compliment from, you know, what should be a revenue neutral perspective, and if not, we do have a backup plan through those reserves. Just wondering if it’s possible to have a bit of a communication put together for internal and external use.”

City Manager Commisso assured Kearns that they will work with communications and get something out – following Council.

Mayor Meed Ward closed adding: “Let’s get on with processing the applications, everyone wants to be in Burlington and why not, it’s the best city in the country, in the world, and you have a lot of work ahead of you, so we obviously need to help resource you to do that well and happy to do that.

“I’d say this is really critical to everybody. Like everybody on council we’ve all been getting emails and phone calls and, you know anxiety over timelines that have extended for sometimes many many many months. This is really important. Any comments I’d leave with you were similar to the ones I left at the budget meetings the last two weeks. That is with respect to new software, and improving processes, and recognizing the new software by definition requires us to redesign our processes. And the question is how quickly can we get into all that? My last comment is remember the Customer.

Councillor Galbraith ward 1

Councillor Galbraith: “I’ll be quick. This is great. Anytime that we have revenue funded positions, I want to see it as soon as possible. I didn’t mention this, going back last year that if there’s a streamlined process for this, to bring it through us faster even, you know, skip some of the typical reporting cycles. I’m in for that, In principle, so perhaps that’s something that Sheila might be able to think about if that would be feasible or the planning team. And the other thing that I see from this report is how we are certainly open for business in Burlington construction value forecasted is going back up to new heights, and I’m good with that – it’s going to help the city. Overall, obviously we are shaping that growth as a council. So, thank you very much for the report very well prepared and looking forward to having the positions.”

 

Ward 3 Councillor Rory Nisan

Councillor Nisan added: “I just have a couple of comments as well. I’m very happy to see this report and obviously funded positions are much easier decision for council to to make, I know my office has certainly been inundated. There is a lot of construction activity at the moment, and projects that are in the engineering department and all departments within the city and I would like to receive less calls if I can, so happy to see that there will be more positions.  I don’t think the construction activity is going to be less than any in the future. I think this is the right decision and the fact that it doesn’t require budget decisions is, a fairly easy one for me to make.

Counselor Kearns then commented: “Just a quick one and I just want to highlight that what we’re doing here is also improving safety within our community. The building department is responsible for all of those inspections to make sure that the Building Code inspections are carried out to the highest regard.  I really look forward to getting this compliment up to full whack because we don’t want to miss those timelines and we want to make sure that we give that very very high level customer service.”

And that was it – no more questions; no more comments.  The Chair called the vote – it carried and goes to Council on the 19th where it will be approved.

 

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Follow up on the proposed Waterfront Hotel redevelopment

By Pepper Parr

October 9th, 2021

BURLINGTON, ON

 

The pre-application presentation, that the city planning department requires of a developer before they submit an application, was put on by the owners of the Waterfront Hotel on September 8th.  It was a virtual event.

There were something in the order of 125 people, many of them members of Council and staff as well as other developers and members of the public.

The purpose of a pre-application presentation is to give the public a look at what the developer has in mind and an opportunity for the public to comment.

The two towers will be mere yards away from the south side of Lakeshore Road steps west of Brant if the pre-application presentation reflects what actually gets built.

The comments made by the public were to be captured by the developer and made available to the city planners. The developer is also required to tell how they reacted to the public comments.

With those taking part it is logical to assume that there isn’t going to be flood of comments.

Besides being ‘mind blowing’ at several levels whatever gets done with the Waterfront Hotel site is going to change for decades how the downtown works.

The design put forward was impressive – the two towers will change the skyline and change the relationship the public has with the lake and Spencer Smith Park. Few will see it as a positive change – but that is something the public will have to determine going forward.

Our concern is the difficulty media has had in getting information. Set out below is a graphic that was used to explain what will go where. It had a lot of information – the best we could capture from the presentation was on the small side making it difficult to fully understand how the first four levels of the site will work.

Due to the significant slope from Brant Street to what will be the southern level of the development foot print, understanding how those four levels, which will be a podium, on which the two towers will rise are going to be accessed is a serious problem.

The rendering is a Preferred concept the city put out several years ago – it used John Street as the entry point to the development. The rendering also describes the east lawn as event space. Is that space part of the Hotel property or is it land reclaimed with land fill and under the control of Conservation Halton?

We wrote to the planners working for the developer asking if they would send us a high resolution graphic that we could publish and explain to our readers.

We did not get a response – which seems to now be a pattern.

Recall that earlier we had been told that the pre-application was being recorded and would be available.

In a separate story – there is a link to that below – we explain how we had to badger both the developer and the city planning.

We took the poor quality graphic and had one of our people enlarge it – the quality isn’t all that good – it was the best we could do with what we had.

The people working for the developer clearly do not want the public to be aware of what their early stage thinking is.

There are two issues at work here. We have always lived by the maxim: an informed public can make an informed decision.

With that in mind we will explain what we know about the site.

The planners working for the developer are required to accept your comments and to make them available to the city planners.

The man who wants to hear from you is Evan Sugden  – his contact information is

Evan Sugden

esugden@bousfields.ca

Bousfields Inc

1 Main Street East, Suite 200,

Hamilton ON, L8N 1E7

(905) 549-3005 ext. 259

In order to comment you need to know something about the development – with less than 125 people taking part in the virtual pre-application presentation, there isn’t going to be much depth or breadth to what they developer hears.

Spencer Smith Park and the waterfront part of the city is YOUR property – you have the right to have input – Mayor Meed Ward made sure that you had that right when she pushed for the use of pre-application presentation sessions and she made sure that the Mayor and the ward council member had the right to be part of the presentation.  Odd that the Mayor didn’t say very much when she had the chance.  She did say that the city had not received an application.

Now on to the graphic…

The pink color are the residential units; blue is the hotel which is limited to the podium, the amenity spaces are in green. That upper level serves as a kind of bridge that connects at the podium level. The office functions are shown in purple. There are currently two levels of office functions. Commercial uses are shown in orange. There is a substantial grade stepping from Lakeshore down to the Waterfront Trail. In terms of unit break down, we have 23 units or Studios, 212 units as one bedrooms, 165 plus one bedrooms plus den and 139 as two bedrooms and some units of three bedroom for a total of 557 units between the two towers.

Related news stories:

The pre-application meeting September 8th

An alternate idea that has gained some traction.

Getting the video of the pre-application meeting was easier said than done – both city and the developers planner had to be badgered.

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Will newly identified flood hazards cripple some of the developments now in front of the planning department.

By Pepper Parr

October 6th, 2021

BURLINGTON, ON

 

Planner Alison Enns, Manager of Policy and Community, delivered a report on Floodplain and Spills Approach: Lower Hager and Lower Rambo Creeks. It was treated as a Receive and File document.

Alison Enns, Manager of Policy and Community,

It turned out to be a lot more than that – the information in the report has the potential to threaten some of the planned development along the path of Rambo Creek.

Enns purpose was to share how changes over time, new tools and approaches and the results of Phase 1 of the Flood Study, undertaken as part of the scoped re-examination of the Official Plan, have informed a change to how development in the Downtown is reviewed related to hazards south of the Hager/Rambo Diversion Channel.

Since the early 1980s the City has addressed development with respect to potential flood hazards in coordination with Conservation Halton. The Phase 1 Flood Study, finalized as part of the scoped re-examination of the Downtown, used new technology and information to identify hazards. That new information has informed a shift in responsibility from the City to regulation by Conservation Halton (CH) as of June 16, 2021.

Enns put up a slide showing the location of Hager, Rambo diversion channel.

Blue line indicates the path of the Rambo Creek diversion channel.

The diversion channel was constructed in 1976 to divert water from residential areas around the downtown to prevent flooding. The main diversion channel captures water flow from upper Hager and the upper Rambo systems. It is approximately 2.7 kilometers long and outlets to Indian Creek, which in turn empties into Hamilton harbour and Burlington Bay.

In the early 1980s, the Halton Region Conservation Authority, in a memo dated September 7,1982, stated that the Conservation Authority doesn’t exercise jurisdiction over the Hager and Rambo Creek or the diversion channel. From that point forward drainage areas south of the diversion channel were considered to be under municipal jurisdiction and constituting part of the municipal storm drainage system.

The city addressed development with respect to the potential for flood hazards in coordination with the Conservation Authority, The regulatory policy was updated in 1999 and again in 2006, and in both of these documents that approach was confirmed.

The storm water ponds that feed into the Rambo Creek diversion channel.

The various ponds, and their connection to the diversion channel are shown. Some context to help make the point about how we got here at the outset of the mobility hubs study…

There was an identified need for a scope of storm sub watershed assessment. Through that work and then subsequently through the work related to the downtown the scope re-examination, a final scope of that work was determined. In 2019 and carrying into 2020 the city retained Wood Consulting, in partnership with the Conservation Authority, to do a set of studies, which were called the flood hazard in storm water management assessment – commonly referred to as Phase One flood study. The purpose of that study was to define existing flood hazards for the areas where new development was anticipated, and also to develop a set of preliminary storm water management strategies. It also included reviewing drainage infrastructure capacity.

The map shows both the current but expected-to-be revised Urban Growth Centre and the boundary of the Burlington MTSA.  It was while thinking through policy options that a concern about flooding became an issue.  That concern led to two reports that highlighted a serious problem – the challenge now is how to deal with the flooding issue.  The climate has changed – now what?

This is the extent of the phase one study area – note that it includes the downtown, and the Burlington GO.

The findings of the phase one study inform the development of policies and mapping that were endorsed by council in late 2020, and were incorporated in the approval of the new official plan by the Region. The Phase One study also identified that further technical work would be required. The recommendations of Phase One included identifying flooding hazards, providing recommendations for area infrastructure improvements, and included discussion of storm water management criteria but, really, the key elements of the Phase One work was to say that further technical work would be required to refine and confirm the flood vulnerable areas. That would be done through a phase two study which is currently underway using more detailed topographic survey data.

After the completion of the Phase One study, Conservation Halton, in accordance with the Conservation Authorities Act, determined they would exercise regulatory authority over lands in the vicinity of the lower Rambo Creek in downtown Burlington.
The city has incorporated this information in the Official Plan through the new official plan and Conservation Haltom has incorporated these new areas subject to flood risk in their mapping, which is available online.

The scale of this map makes it very difficult to show the detail. We will try and get a map with better resolution and then present the map in sections. What is evident is that there are a lot of developments that are in what is thought to be a flood plain. Think of the damage done when the Tuck Creek broke its walls and flooded hundreds of homes. The city wants to take action now to put policies in place that will determine what can be built in possible flood prone areas.

June 16 2021 is the date after which Conservation applies the regulatory regulations to these areas.

Council saw the draft terms of reference in June. Staff is moving forward, refining the modeling from the Phase One study. That will determine if any further policy changes are required or any mapping changes. While Phase Two is not complete the Phase One study is considered best information; city and Conservation Authority staff will use that information to support the review of development applications.

With the Enns presentation completed – It was then on to Questions from Council. Mayor Meed Ward asked: when you look at the development proposals we have for the downtown many are identified as being in flood hazard areas. This may be, she continued, too early to answer this question but what does that mean, what do we know about what that means right now – does it mean no development there – does it mean, different kinds of development? What, what do you think it means – if you can answer that right now? With all the applications we have there appear to be a lot that are in a flood hazard area.

Enns had indicated that applicants will be required to interact with Conservation as part of the normal development approval process.

Councillor Nisan and the Mayor sit on the CH board and are aware that typically permits are not issued for developments that are within a hazard, that’s one of the protection areas. And in cases where the hazard can be mitigated, a permit with conditions might be issued.

What the Mayor was trying to get at is the potential that given the risk to health and given what we now know about flood hazards that permits will not be issued in some of these areas at all.

Through the permitting process, we would anticipate that depending on the issues that are present from a regular flood regulatory standpoint, this will influence design, and certain design outcomes as it relates to those projects, which is tied into the land use permissions. So we would not be proceeding from a planning standpoint to recommend approval of designs and final outcomes that conflict in any way, with the proper maintenance of the flood risk.

Any idea of when the phase two study might be complete and when we’ll be getting that information?

If there were basements in these buildings where records and archived documents were stored – they were a soggy pile of useless pieces of paper.

The target for completing phase two to line up with the MTSA work is, Q1 March of 2022. That work is happening very quickly and will help us answer some of these questions.

At that point Councillor Nisan was asked to move the item and it carried unanimously.

And with that – the fox was in the hen house.  All those developments before the Planning department now face another hurdle that could determine if the application can proceed or if it should be modified to reflect the flood potential.

The developers would appeal to the Ontario Land Tribunal (OLT)  – it would be very hard for an OLT Commissioner to find for a developer when looking at public safety issues.

This one should be really interesting going forward.

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Statutory meeting on a Kerns Road Retirement Home Development to take place Oct 5th - virtually

By Staff

October 3rd, 2021

BURLINGTON, ON

 

In language only a bureaucrat or a lawyer can write the plans for a four storey retirement home on Kerns Road are set out.

The development will replace a very small strip mall in a neighbourhood that is made up of windy, well-treed streets and large single family dwellings.

Architectural rendering of the proposed retirement home development

The proposal will be described and defended by Glen Wellings, (the planning consultant hired by the developer) at a Statutory meeting on October 5th at 1;00 PM. .

The Statutory meeting will be a virtual event which in the past has dampened public participation for many, but not all developments.

A virtual meeting is a different kind of public event – there is no sense of community, the speaker is in a virtual space where they can see the members of Council taking part and the Council members can see the person delegating.  There is no sense as to how many people are actually watching the web cast.

If the person delegating wants to use some visual material,  getting it to actually appear is not a certainty – there are still technical issues that have not been overcome.

Some municipal councils have moved to a model that runs both a virtual event alongside a live event. People can choose which route they want to take.

The Halton District School Board meets with half the trustees in the room and the other half taking part virtually.

Burlington City Council has a report on a possible return to meeting that will be live but with limited public participation and all staff participation being virtual.  The pandemic is still very much with us – and so is the phrase “with an abundance of caution” which is being overused to the advantage of people who are not strong believers in full public participation.

Bound by Kerns Road and Four Seasons Drive the property currently houses a small strip plaza.

What is Proposed?
A private land owner has made an application to change the Zoning By-law designation for the property located at 1600 Kerns Road. The location of the subject property is shown on the Location Sketch.

The application proposes the rezoning of the property to facilitate a retirement home having a height of four storeys with one level of underground parking and comprised of 123 units.

The proposed development also contemplates commercial uses at grade.

Four views of the proposed retirement home development.  The building will be terraced on the south side

The subject lands are currently designated ‘Neighbourhood Commercial’ in the City of Burlington Official Plan (1997), as amended and ‘Local Centres’ in the New Official Plan (2018).

The applicable zoning of the subject lands is ‘Neighbourhood Commercial (CN2)’ Zone. A site-specific exception (‘CN2-XXX) Zone’) has been proposed with amendments which include, but may not be limited to, matters related to permitted use(s), setbacks, height, parking and landscape buffers.

The portion of the lands associated with the Natural Heritage System are proposed to be rezoned to ‘Open Space (O2) Zone’ and dedicated to public ownership.

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Could a land swap save the city and keep the waterfront in the hands of the public?

By Pepper Parr

September 29th, 2021

BURLINGTON, ON

 

It was during a meeting on that wonderful deck that runs along the north side of Lakeshore Road – across the street from Spencer Smith Park where one can see the ships heading to, or leaving, Hamilton harbour and where, what a long departed friend said, one can enjoy an Adult Libation.

One of the prime places to just enjoy the city is on the north side of Lakeshore looking out over the lake. Great ideas bubble to the surface while enjoying an Adult Beverage,

I was meeting with a couple of friends and talking through possible options and new ideas to keep the Waterfront Hotel site in public hands rather than have a large tower go up.

At the time no one knew that the developer’s plan was for two 30 story plus towers on the site.

Many see the land south of Lakeshore Road as a “public” part of the public realm.  Much of it is land that was recovered and made usable with landfill.

The owners of the hotel do have title to some of the land but surely not all the land right up to the edge of the lake.

My friends, who don’t want their names trotted out at this point – at an appropriate time they will be more public.  These are men who comment intelligently on public matters.

They wondered aloud if there was not some kind of land swap that could be done.

And that was when a light bulb lit up.

It doesn’t function all that well as a place to work and the city is going to need a lot more space.

City hall as a building is not that functional.  It is past its best-before date but, because it is what we have, money is going to be spent on making the best of a bad situation.

It is an awkward building – there was no real design – additions kept being added. The entrance was once on the west side.

The Art Gallery has never been a truly functional building.  It is a collection of additions to a structure that were added on when there was a donor.

So – here is a swap that could be done:

The owner wants to build and has some impressive designs – that will, if ever built, change the heart and soul of the city. There is a chance to give the developer what they want and to save what is left of Burlington.

Exchange the Waterfront Hotel site for the city hall site and the Art Gallery site.

Then design a purpose built building that would house City Hall and the Art Gallery on the Waterfront Hotel site.

Include a band shell and ensure the roof of the structure is environmentally friendly.  And ensure that the building is not more than four storeys.

Two for the Art Gallery and two floors for the city.

Hold a charette and commission some design ideas from architects from around the world.

Imagine for a moment: City Hall and the Art Gallery nestled at the base of the slope of the land immediately south of Lakeshore Road leaving a clear view of the Lake.  Try the idea on for size the next time you are walking along the promenade and talk it up with your friends.

Parking – that is something that would have to be figured out.  The Lotus Street Parking lot is used by city hall staff now – that could continue and there could be some parking beneath the four storey building.

Can’t be done you say?  With the right leadership – it certainly can be done.

Rob MacIsaac, a former Burlington Mayor, took bold steps and changed the city in a way that no one has since his time.

Rob MacIsaac, a former Burlington Mayor, did it when he turned the former police station on Locust into the Performing Arts Centre, then had the building that houses a restaurant along with the tourist office on the ground floor and office for the Chamber of Commerce, the BDBA and the Economic Development Corporation on the second floor with five levels of parking above it all.

Then he got really ambitious and got a pier built as well.

So – never say it can’t be done – think about how it can be done and where the leadership is going to come from.

More on this going forward.

Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.

 

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The number of cars on Burlington streets isn't being looked at properly

By Pepper Parr

September 24th, 2021

BURLINGTON, ON

 

Mayor Marianne Meed Ward once said that fireworks were something she heard about from residents almost as much as parking.

Parking – where do the people driving put their cars when they want to shop, or visit or dine?

Back up a bit and ask – where are all the cars coming from?

Back up a bit more – when a development application is filed with the Planning Department one of the reports that must be included is a traffic study.

Look at any number of those studies and they will all say that the number of cars that might be added to the flow of traffic in the city is “acceptable”, or words along those lines.

The people who write these reports are seen to be professionals who know their craft very well and their evidence is accepted as true.

The traffic reports get an OK from the planners.

And – the OK for that single traffic study might be very valid.

But there is a bigger picture that has to be looked at – and at this point no one is looking or asking the question.

All the traffic from the underground garage will exist on to Elizabeth, shown on the left. To the left of the development is the site for whatever the Waterfront hotels site ends up looking like for the site

The hundreds of cars coming out of the Bridgewater Development will exit the development onto Elizabeth street and then can continue north or go right or left on Lakeshore Road.

The hundreds of cars that are expected to come out of the proposed redevelopment of the Waterfront Hotel site also empty onto Elizabeth Street and then can continue north or go right or left on Lakeshore Road.

While this is, at this point in time, a Ward 2 concern it will become an issue elsewhere when the large developments along Fairview and in the east end of the city come online.

We challenge Councillor Kearns to look for a way to require traffic studies to focus on the impact the single development will have (they are already required to do that) AND to provide a report that sets out the impact their development will have on new developments already approved within a 120 metre radius.

The planners can work out the specifics; the objective is to have information that sheds light on that bigger picture.

It is the bigger picture – everything happening within a specific radius that isn’t being looked at.

The city planners don’t ask – they aren’t required to.

We don’t quite why Heather MacDonald, Chief Planner doesn’t go before council and point out that they are not asked to report on the bigger picture – and ask Council to give them a Staff Direction to do just that.

At some point someone has to get ahead of the problem and ask the bigger question.

If we don’t the phrase in the Official Plan that has Burlington as a “City that Moves” will have to add – moves very very VERY slowly.

To Lisa Kearns and Heather MacDonald – the ball is in your court.

Looking forward to listening to what you put before Council on this one.

 

Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.

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Public can now get a look at what the developer wants to do with the Waterfront Hotel site

By Pepper Parr

September 21st, 2021

BURLINGTON, ON

 

On the evening of September 8th, there was a virtual pre-application presentation given by Bousfields, planners for Burlington 2020 Lakeshore Inc. , which is the company expected to make the application.

It was the first look at what the property owners had in mind for the re-development of the Waterfront Hotel site.

Two things about the images shown below – we were able to show a bit of what the developers have in mind last week.

I think the design is superb.

But I don’t think that design is what the people of Burlington want. It is some distance from the slightly quaint look of the downtown core, which isn’t all that big. It is my belief that there isn’t all that much vibrancy to it. But that’s my personal view.

The decision that gets made about this development is to be made by the people of Burlington.

Unfortunately the people of Burlington didn’t get to see the presentation.

There were just over 100 people participating in the virtual presentation – of which at least a dozen were city staff.

During the Q&A part of the presentation the Gazette asked how we could get a link to the presentation which was recorded.

No one had an answer so on September 11th, I reached out to the Director of Communications Kwab Ako-adjei with the following:

Greetings

I think you will have taken in all of the pre-application virtual meeting on Wednesday.

Quite a show.

As you know it was recorded and the developer didn’t raise any objection on it being made public – what wasn’t clear was –

Thomas Walker (I erred and used the wrong last name – it is Douglas) was asked and didn’t seem to know where it would be located nor did he leave me with the sense that it would actually be put on the city web site.

Would you follow this up for us please.

I address this to you because we intend to follow how the request is handled and want to be on record as having reached out to the head of the Communications department.

Stay well

I later got a reply from Carla Marshal, who is one of the Communications Advisers with the city.

Good morning, Pepper.

Please take a look at this information, which should help to clarify the City’s role in the development application process: Understanding the Development Application Process – City of Burlington

The meeting was led by the developer so the developer owns the recording of the event. The City does not own the recording; the developer does. It is at the sole discretion of the developer, in this case, Burlington 2020 Lakeshore Inc. c/o Bousfields Inc., if and where the recording is posted; it is up to the proponent to decide whether they will post the recording online on their own website: https://bousfields.ca/

Shortly after there was a response from Suzanne Vukosavljevic,  who was filling in for Marshall..  She said:

The City posts its own meeting recordings on the City site but in this specific case you are asking about, it was not a City meeting so therefore, the City is not posting the recording.

Your questions have been answered by staff below.

Thanks for your interest.

The city provided the following:

As the communications advisor for Planning, I have worked with staff to provide you with the following information:

From Thomas Douglas, Senior Planner, Community Planning:

Pre-Application Community Meetings are hosted by the proponent of a development, not the City. If/when the proponent proceeds to submit a development application to the City for their proposal, as part of their application they must provide minutes from the Pre-Application Community Meeting, a written summary of public input received at the meeting, and an explanation of how public input has been addressed and reflected in the submitted application.

In cases where a Pre-Application Community Meeting occurs virtually, this may be done using the City’s or the applicant’s teleconferencing program. When the City’s technology is used, staff will record the meeting and provide the recording to the proponent to aid them in documenting meeting minutes and public input received. The City does not post the recording on the City’s website, and it is up to the proponent to decide whether they will post the recording online on their own website.

I will inform the proponent of the 2020 Lakeshore Road development proposal that the Gazette has expressed interest in obtaining a copy of the recording.

I hope this helps!

I didn’t feel my request had been met and responded:

Actually it doesn’t help very much.  I then set out more specifically what I was looking for: Carla’s responses are short – set in red.

Does the city have a copy of the event that was recorded? No
Pre-Application Community Meetings are hosted by the proponent of a development, not the City.

If not – does the city intend to obtain a copy?
No

and where will the copy be located on the city web site

The meeting recording will not be located on the City website; it is up to the proponent to decide whether they will post the recording online on their own website –

Further: whose technology was used – re: using the City’s or the applicant’s teleconferencing program. When the City’s technology is used, staff will record the meeting and provide the recording to the proponent to aid them in documenting meeting minutes and public input received.
The applicant has the recording.

Further – who would make the decision to not post the recording, should it become available on the city web site.
it is up to the proponent to decide whether they will post the recording online on their own website

I reached out to the planner Bousfields and asked where we could get a link to the presentation. And waited.

This morning there was a response from the Bousefields planner with a link to the presentation.

And later in the day there was a link from Thomas Douglas with the same link.

That’s a lot of back and forth – but we did get what we were asking for. Why the difficulty is beyond me.

There are two images below. They are of what the building will look like from Lakeshore Road and what it will look like from the Lake.

A rendering of what the development might look like from Lakeshore Road. Commercial space will exist at grade.

 

A rendering of what the site will look like from the Lake. Each tower will sit on a four storey podium and then rise to 30 storeys and 26storeys.

In part 2 – there is more in the way of visuals and comment on how the virtual event went and what was learned.

The developer can now submit an application.

When and if they do – they are expected to show how they responded to some of the issues and concerns that were raised.

Bousfields added: Note that the plans are not final and are subject to modifications as we move forward. No formal applications have been submitted at this time, and the public meeting was simply to gauge public interest and explain the proposed intent for the site prior to submission of formal planning applications.

 

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Saturday in the city - Food Truck Festival was doing great business

By Pepper Parr

September 11th, 2021

BURLINGTON, ON

 

Saturday afternoon in the city. Weather was great but the streets in the core were quiet – patios weren’t’ all that populated and that place to be seen on the north side of Lakeshore Road west of Brant was very quiet – you could actually get a seat.

Slide down into Spencer Smith Park and head west and there were line-ups more than a block long – people waiting to get into the Food Truck Festival.

The lineups to get into the Food Truck Festival were long but they moved very quickly.

The line moved quickly – security was keeping a count on the number of people who would be let into the fenced in area. There was an entrance and an exit gate. Inside, all kinds of people – but it wasn’t packed – the objective was to make that six foot distance thing possible.

Great crowds – but no overcrowding. Security ensured that the count was kept at a safe level.

While downtown, one wants to check on the construction sites and see how the high rise developments are doing.

Spent a couple of minutes in front of the Waterfront Hotel site to try and get a sense as to just how close to the sidewalk those 30 and 24 story buildings would be.

The first four levels would be at about where the red arrow is on the photograph. It isn’t clear how far back on the four level podium the towers would be. Lakeshore will never be the same – you won’t be able to see or feel the lake.

If there ever was an iconic location – Spencer Smith Park and the lake are it for Burlington.  Done the right way the site could put the city on the map as a destination.  Few feel the ideas being floated are the right thing for the city.

The red line is where the north wall of the four level podium would be located. Atop the podium would be 26 storeys of housing.

Each tower would sit atop a four level podium. There would be an open space between the two towers that would be at about where John Street is – that opening would give a glimpse of the lake – the property has a steep grade – much like the one at the Bridgewater development a block to the east.

Named The Gallery – the Carriage Gate development is well underway. Four floors in place, underground garage completed – 22 more to go.

The 28 storey tower Carnacelli development is growing level by level. Four levels have been poured – 22 to go. Occupancy is said to be sometime in 2022 – at that time citizens will get to know what a high rise building is and what it feels like to have one opposite city hall.

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Are we ready for this?

By Pepper Parr

September 9th, 2021

BURLINGTON, ON

 

Are we ready for this?

They will stand on Lakeshore Road between Brant and Elizabeth Streets.

The required Pre-Application meeting took place virtually last night.

There was some expensive talent talking on behalf of the developer who wants to put up two towers: a 30 storey and a 24 story.

The plan is to have 23 studio apartments; 212 single bedroom apartments; 165 1 bedroom + den; 139 2 bedroom and some 3 bedroom.  No mention of price.

The panel was asked if there would be any affordable units – really?

There will be a significant bike tails system – but they won’t extend out onto the Pier. – even thought they appear to do so in the report.

View from the lake. Downtown Burlington will never be the same if this gets approved as it has been presented.

During the presentation, given by people representing the developer, David Faletta attempted to convince viewers that the old Urban Growth Centre boundary would apply arguing that the Regional Official Plan affirmed the new boundary but that the Minister had yet to sign off on the Regional decision.

There is a lot more to this story.  Stand by.

 

 

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At a Statutory meeting last night the public got to see how changes get made - dozens had wanted to delegate and didn't know how

By Pepper Parr

September 8th, 2021

BURLINGTON, ON

 

There is a certain amount of satisfaction watching a political leader evolve.

They don’t all manage to grow into real leaders able to listen and to hear.

Marianne Meed Ward was just a citizen when this picture was taken – now she is on the other side of the podium. committee.

A number of years ago when Marianne Meed Ward was the council member for ward 2 she came to the realization that people were not aware of what was going on in their communities. A development was being proposed, notices were sent out but to a limited number of people. Meed Ward decided to do something about that and the practice now is to send notices to people within a 120 metre radius of a development.

During a meeting last night when there was a Statutory meeting about the Oval Court development a number of people complained that they had not received the notice of the meeting.

A staff member was asked if notices could be sent to a wider radius – he commented on possible limitations within the Planning Act.
Watching the web cast you could see the Mayor thinking it through – thinking perhaps about how she could arrange to have Statutory meeting notices sent to a larger area.

Watch for something like that in the months ahead.

Later in the same meeting as council members were preparing to wrap it up for the day – it was approaching 10:00 pm, the Mayor took a moment to comment on what things used to be like when development applications were filed..

There would be a Notice of a development application.

There was no such things as a pre-application meeting.

The application would be submitted and then things went quiet – not a word.

Then a Statutory meeting was called. The Planning Act required those meetings.

Council required a report from Staff with a recommendation on the development. They could say yes – it looks good or it is not a good development application and does not represent good planning.

What Meed Ward found amazing at the time was that the Staff Report would be submitted at the same time the Statutory meeting took place.

Whatever comments the public wanted to make during the Statutory meeting was irrelevant – the Staff report had already been written.

That said Meed Ward was the way things were done.

Councillors had been away from the business of getting things done for six weeks – it was a slow start plagued by technical issues. Delegations to the Statutoy meeting were coming in at a surprising clip – getting the equipment to work was a challenge.

Last night there was a Statutory meeting on the Oval Court development. There were some technical problems and it turned out that a lot of people wanted to delegate and found that they were not able to do so.

Again there were technical problems.

The Statutory meeting was very unsatisfactory to both the residents, staff and Council members.

But the meeting had taken place.

Mark Simeoni, Director of Community Planning, told Council that a Statutory meeting was mandated – a meeting must be held and it must be advertised and held in public.

He however added that there was nothing in the Act that said the city was limited to just one Statutory meeting.

Mayor Marianne Meed Ward: All the ideas, all the things she wanted to do while a member of Council can now be advanced as Mayor.

Expect the lawyers who were watching the web cast to be searching through their copies of the Planning Act to see if that was true.
This is a different council, breaking the practices of the past and finding new more effective ways to get things done.

Mayor Meed Ward is far from perfect – she has a lot of growing to do yet – but it is interesting to watch her as she thinks something through, makes a note and comes back to it later on.

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More development - in the east, west and downtown. Nothing approved - yet

By Staff

September 8th, 2021

BURLINGTON, ON

 

This is not Toronto. This is Burlington and these are the buildings that developers want to construct.

They won’t dot the skyline tomorrow but they are in the works.

This is the oval Court development that is planned for the east end of the city. To be located on Fairview relatively close to the Fearmans pork processing plant.

The 24 story tower in the right is planned for Brant Street south of the Brant Street Plaze – right next to Joe Dogs.  How they build this tower and keep Joe Dogs open is more than a challenge.

The location is very controversial. The area will be razed – Bank of Nova Scotia would go. No one had an answer on what they will do with the width of Brant Street as this point – it is currently a narrow two lane road.

Residents were not opposed to a development – they just didn’t like the idea of a 24 story building.  The supermarket to the north will be moved closer to the street and will see a small park with a path along the edge of Rambo Creek.

There will be parking beneath the plaza.

John Street, which is to the east of Brant, will be extended north.  Currently John is not classified as a street – it is a lane way.

This is a Molinaro development planned for the Plains Road area on an odd shaped lot, If approved it will be done in two phases. It will be steps from Mapleview Mall.  This is the view from the QEW

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Parks4People want Regional government to support turning the quarry into a park - in a couple of decades.

By Pepper Parr

August 30th, 2021

BURLINGTON, ON

 

There is a Battle Royal taking place between two community groups where the focus is on what happens to the quarry on #2 Side Road west of Guelph Line.

The quarry has been there for decades during which time it provided the aggregate needed to build Burlington.

Nelson Aggregate has gone about as deep as they can go on the current site.

The quarry has reached the point where the open pit mine is close to being mined out.

Nelson Quarry has made an application to extend the area they can mine. People in the area are opposed.

Nelson Quarry took a significantly different approach to this second application. In 2012 their application was turned down based on the impact a new mine would have on the Jefferson Salamander.

The quarry people have identified an area that is a breeding ground for the salamander that is to be set aside for just that purpose.

The CORE group are opposed and they have worked diligently to raise finds and fight the good fight.

A second community group – Parks4People want the city to accept the offer of land that will be donated to the city when the extension of the land is also mined out.

THAT eventuality is decades away.

Both Parks4People and CORE are gathering signatures. The Parks4People have 3000 plus signatures – no word on what CORE has but it is understood to be quite close to the Parks 4People number.

The Gazette has done a number of story’s on the CORE group. Their web site is at: https://www.coreburlington.com/

Parks4People put together a presentation that is online at: https://www.parks4halton.com

Their argument is that –

Our parks are already packed

They provide a map that shows park use in Halton on an average weekend. The red shows maximum capacity.

They claim “ our park resources are already stretched thin” adding that with population projections through to the 2040’s “ set to explode” – “where will our children and their children play?”

If the data is correct – there would appear to be a problem on the horizon.

They want to see a plan for how Halton will meet the growing need for green space.

Nelson Aggregates has offered to turn the land over to the city and create a 1,000 acre park.

Turning a mined out quarry into a park is a great idea – it was done in St Mary’s Ontario and turned out to be very popular. The crunch comes when the details are made public,

The Parks4People claim “the mayor has rejected the offer outright. The local councillor has said Halton “doesn’t need a big park.”

Parks4People want Regional council to vote “yes” to parks.

Healthy debate and discussion over different views is a good thing.

The final page of the People4Parks ends with a Call to Action.  They want you to click on that box and support their position.  Something really interesting happens if you click on the box to show your support.  That’s a follow up story.

That little box is there for you to show your support. Interesting thing happens when you do click.

The final decision on this matter will be made by a Joint Tribunal that has a clear process and a time line.

 

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Waterfront hotel development: a stunning 30 and 35 storey complex that the developer calls 'sleek'

By Pepper Parr

August 25th, 2021

BURLINGTON, ON

 

It will be as noisy as a virtual meeting can be.

The event takes place on September 8th, from  from 6:30-8:30 p.m.

It is billed as a virtual pre-application community meeting hosted by Burlington 2020 Lakeshore Inc. for its proposed mixed-use redevelopment of the Waterfront Hotel.

An architectural rendering of what the owners of the Waterfront Hotel want to build on the site once the existing building is demolished.

Burlington 2020 Lakeshore Inc. (the “Owner”) is hosting a virtual pre-application community meeting to discuss a proposal to demolish the existing Waterfront Hotel Burlington building and replace it with a sleek and modern mixed-use development that will accommodate retail and service commercial uses at-grade that will frame the public realm, offices, a banquet facility and restaurants, hotel, and residential apartments.

In total, the proposed redevelopment will provide 557 apartments, a 130-room hotel, as well as commercial, office and other accessory uses all within two towers (35- and 30-storeys) inclusive of a 5-storey podium.

The city has not received an application and no decision has been made by the City.

This eight storey structure will be demolished if the developer can get his proposal for two buildings: a 30 and a 35 story structure can get past the Planning department and the Ontario Land Tribunal.

What the public will see is what the owners of the property would like to build on the land.

Public comments may be directed to the applicant on September 8th,

Once a complete application has been submitted the public will be notified, and comments will be received by city staff. This Consultation meeting is the first step in a comprehensive review of the draft proposal. The purpose of the consultation meeting is for the Owner to address key questions and obtain community feedback prior to the submission of any development applications.

During the meeting, the Owner will provide an overview of the proposal and City Staff will provide an overview of the development application review process and how the public can be involved.

There will also be a question and answer component about the various aspects of the proposal and the planning process. Mayor Marianne Meed Ward and Ward 2 Councillor Lisa Kearns will be in attendance to listen to the discussion.

Meeting Agenda:
Introductory comments by Mayor Marianne Meed Ward and Ward 2 Councillor Lisa Kearns;
City Planning Staff Presentation on the Planning Process.
Review of Waterfront Hotel Study;
Owner Presentation on the Development Proposal
Comments and Questions & Answers with the public.

After the event, additional comments, questions, and feedback for the Owner can be directed to the planning consultant, Bousfields Inc., at esugden@bousfields.ca or 905-549-3005, ext. 259.

This development pre-application is separate from and not related to the City’s Waterfront Hotel Study which has established key policy directions for development on this site and is planned to continue later this year.

How to Join the Meeting

Participate On-Line via Zoom:

www.burlington.ca/2020lakeshore OR https://zoom.us/j/93677332408

Webinar ID: 936 7733 2408

Participate by Telephone:

1-647-374-4685 (audio only)

The Gazette will publish background material and just how things got to where they are today.

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Martha Street, south of James location for an 11 storey tower

By Staff

August 18th, 2021

BURLINGTON, ON

 

The thickening of the downtown population continues.

An 11 story structure that will be made up of 130 units with 157 parking spaces and 88 bike racks.

Four levels of underground parking with access of Martha

Location is 407 Martha – well south of where James and New Streets converge.

Mattamy has plans for a large tower just to the north of this proposed development.  The Mattamy development is before the Ontario Land Tribunal.

A required Statutory Public meeting is to take place on September 14th at 6:30 pm.

A Staff report will be available the week of the hearing. Staff are reported to be asking for more time to complete the review of the application.

There are creek issues in the immediate area.

There is also a development application for a tower of about the same height on the opposite side of Martha Street.

Some of the early homes were built along Martha.

The character and location of those homes attracted a number of local artists.

The applications propose the redevelopment of the site into an 11-storey residential building consisting of 130 units, resulting in a density of 407 units per hectare. The development proposes a total of 167 vehicle parking spaces within four levels of underground parking and 88 bicycle parking spaces, and vehicular access to the site is proposed to be from Martha Street. The application proposes indoor and outdoor common amenity area at the ground level and through terracing of the building.

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Citizens want to be at the table when Waterfront development gets back on Council agenda

By Pepper Parr

August 17th, 2021

BURLINGTON, ON

 

Dozens of developments are in the hands of the Planning Department and the Ontario Land Tribunal

Those at the Tribunal are related to the Interim Control Bylaw the city imposed two years ago and the 2018 edition of the Official Plan that has been adopted but is not yet in force.

Waterfront Hotel on the right at the bottom of Brant Street.

A development project that has been in various states of review and considerable public debate is the plans to re-develop the Waterfront Hotel site.

The city planners have known for more than a decade that the hotel would be demolished and something quite a bit larger put in its place.  The early thinking was to look west along the Promenade and use some of the land that was created with landfill that extended the property out into the lake.

Referred to as the Waterfront Hotel Planning Study it began in  March 2017 and was put on hold in June 2018.

The first view the public got of the thinking going on in the Planning was called the Emerging Preferred Concept.   It was not a pretty picture in the minds of a group of downtown people who labelled themselves Plan B.

It was the two emerging concepts that resulted in the creation of Plan B.

could not take place.  Their view was that there had to be a line drawn beyond which development could not take place.  They felt that the public had to have a clear view of the lake from Brant Street.

There was a second Emerging Preferred concept that Plan B didn’t think was all that much better

The thin red line would allow both Brant and John street to funnel into Spencer Smith Park and still leave for plenty of room for a development that would be zoned mixed use which would allow for some street level retail along the south side of Lakeshore Road.

The buildings would have lower height on the south side and not overwhelm the lake. Also – the elevation is considerable lower as you walk into the park – the height suggested would not impact Lakeshore Road.

The last public communication on the status of the study came through Staff Report in May 2020.

“Staff has had preliminary discussions with the representatives for the property owner and are working to create a revised plan to complete the Waterfront Hotel Planning Study in a timely fashion. Unfortunately, the COVID-19 pandemic and other project delays have caused the timing of this work to shift farther into 2020. Staff will provide a report with a proposed revised action plan by Q4 2020.”

The city’s communications people reported that “The role (planner) responsible for leading this study is currently vacant. We are in the hiring process now, and the successful candidate will be charged with re-initiating the work as soon as possible.

The lead consulting firm is The Planning Partnership (TPP).

This news has the Plan B people ticked, which puts it mildly.  With no planner on the file – nothing gets done.

When the Plan B people saw the Emerging Preferred Concept they surveyed the community and came forward with a plan they felt would do justice the the waterfront and the view of the lake from Brant Street.

Their “red line” was crucial.

With Covid providing a good cover for no movement within the Planning Department the Plan B people want a seat at the table.

Burlington they feel has grown to the point where citizens should be in the room when the discussions take place and note just the planners, developers and the developers consultants.

There are precedents for this.

The look of the properties adjacent to Spencer Smith Park are too important to be left in the hands of the commercial interests.

Watch for some healthy public discussion that is open and really transparent.

The city hired The Planning Partnership (TPP) to conduct a number of public sessions – there wasn’t a consensus nor was there much in the way of respect for the public participation.  Speakers were shut down, discussion was limited -many felt they were being pushed around by the consultants.

The studies that are being done are paid for by the developer who has input but certainly doesn’t determine the outcome.

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That Urban Growth Boundary - what's the big deal - it was a big deal and it looks like the Mayor pulled it off

By Pepper Parr

August 13th, 2021

BURLINGTON, ON

 

Burlington and development have for the past five years been in one of those awkward relationships.

The city wants development, the developers want to build – the problem has been what kind of development and where.

It became a menage a trois when the province said that we had to grow – big time. More housing for more people with not much in the way of space for the traditional single family house with a nice back yard that made Burlington what it is today.

Those that live in the southern part of the city didn’t want to see dozens of high rise towers taking over.

The developers wanted their buildings to be in the downtown core where the pricey condos were being built.

The argument got intense from about 2015 to the 2018 election when the issue was the boundary for the Urban Growth Centre.

Set out below is the boundary that was in place when the current city council was elected.

The Urban Growth Boundary that is in the Official Plan that is in force now went through a number of changes. The colours define the different precincts the city is divided into. A precinct is an area that has zoning and development rules unique to that area.

Marianne Meed Ward convinced people that she could get hat boundary changed and while the fight isn’t over yet – there are new Urban Growth Centre boundaries in place and once the Official Plan gets completely approved – it is currently in the hands of the Ministry of Housing and Municipal Affairs – where it is expected to be approved – all it has to do is get through the appeals process – there are 40 some odd organizations appealing – it becomes the law of the land.

Meed Ward was adamant from day 1 – the boundary has to be changed.

This is what the Urban Growth Centre boundary is going to look like.

Boundaries for the Urban Growth Centre that are part of the approved but not in force Official Plan.

Now slide back up and look at what was in place before a new city council set out to make a change

A huge difference – and the credit for much of it belongs to the Mayor. She was thee one who pushed and pushed and did her best not to budge an inch.

It was no small feat.

Meed Ward did not do this alone – what she did was lead the five newcomers to council, who for the most part were on her side when they were first elected, and then supported what she was setting out to do.

The Gazette has a number of differences with how this first term Mayor has handled and portrayed herself; Lord Acton had it right when he said:  “Power tends to corrupt, and absolute power corrupts absolutely.”  Time will tell if Marianne Meed Ward can catch herself before she falls. None of this should take away from what she did in getting that Urban Growth Boundary moved north,

Salt with Pepper is the musings, reflections and opinions of the publisher of the Burlington Gazette, an online newspaper that was formed in 2010 and is a member of the National Newsmedia Council.

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Public asked to chime in on just what housing needs are in the city

By Staff

August 12th, 2021

BURLINGTON, ON

 

While the provision of housing, no matter what the price or rental rate, is not part of the mandate the city has – it is a Regional responsibility – Burlington is nevertheless developing a Housing Strategy be housing people is a top priority in the current city council.

All those white spaces represent new apartment buildings that are in the planning stage. Will people be able to afford to live in them?

The objective is to provide current and future residents with more housing options. The Housing Strategy is an opportunity to develop creative and innovative solutions for housing issues in Burlington that will build on and support the Region’s Housing Strategy.

The City is looking for resident feedback to help understand your experience finding a suitable, affordable, safe and accessible housing in Burlington through an online survey HERE

The survey is open now until Sept. 3, 2021.  It provides an opportunity to share your experiences, challenges and ideas to enhance understanding of housing in Burlington.

The information collected by this survey will be used to support statistical information, like the Statistics Canada’s Census, to help the City to identify housing issues, gaps and the housing needs of Burlington residents to support the development of a Housing Strategy.

Some of the data collected in the first survey

This is the second survey in the Housing Strategy project. In March 2021, as part of the Housing Strategy Launch, the first Housing Strategy survey was released. This initial survey collected information about housing concerns in Burlington and sought feedback on how stakeholders would like to be engaged throughout the Housing Strategy Project.

The feedback from the first Housing Strategy survey helped us understand people’s interest in housing issues in Burlington. The feedback from the first survey is summarized in the Housing Survey Launch Feedback Report presented to Council in April 2021. This information was used to inform the Housing Strategy project’s Engagement Plan.

Mark Simeoni, Director of Community Planning, Regulation and Mobility is one of the more attuned to the community and its needs than most of the other Directors on the payroll. Burlington poached him from Oakville. The man listens and hears what people say. He will be a strong participant in the development of whatever the city comes up with.

Expect the Mayor to talk about the need for more affordable and attainable housing during the 2022 election campaign – that assumes she will be challenged.

Mayor Marianne Meed Ward has made housing both affordable and attainable an issue you can expect her to focus on during the forthcoming election campaign next year.  That assumes she is challenged.

“Affordable housing is one of the biggest crises of our time. That’s partly because affordability is no longer linked to income, and supply is taken up by investments. Everyone deserves a safe and affordable place to call home. We will do our part in Burlington using the tools we have. We will also need all hands on- deck, from other levels of government, the private sector, and the non-profit sector.

“No one entity, public or private, can solve the housing crisis alone. Our local Housing Strategy carves out the City’s role to ensure we do our part to the fullest. Our strategy will also identify partners and stakeholders critical to success, ensuring we don’t leave a single stone unturned in helping our current and future residents make one of the most important decisions of their lives and that’s finding a place to live.”

Mark Simeoni, Director of Community Planning, Regulation and Mobility

Mark Simeoni, Director of Community Planning, Regulation and Mobility is one of the more attuned to the community and its needs than most of the other Directors on the payroll. Burlington poached him from Oakville. The man listens and hears what people say. He will be a strong participant in the development of whatever the city comes up with.

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City and the Region got their clocks cleaned at the most recent Land Tribunal hearing.

By Ryan O’Dowd, Local Journalism Initiative reporter

August 8th, 2021

BURLINGTON, ON

 

The Member of the Ontario Land Tribunal and the 40+ people and organizations appealing the adopted but not in force Official plan wanted to see time frames and firm commitments from the City of Burlington and Region of Halton in order tom bring the appeals to a conclusion.

How much of the Burlington that people want to keep will make it through the Ontario Land Tribunal where developers are looking for heights above the 25 storey level.

There is considerable doubt that this will happen.

Member is the title of the person presiding over a hearing. On occasion a Member may “seize” a case which means they are the presiding member every time the appeal is heard.

On most occasions the presiding member is whoever is available.

Counsel for the city and an assistant city solicitor balked at having to go through 54 pages of issues that are part of the ongoing appeals.  There are two sets of appeals; those appealing the Interim Control Bylaw that was put in place two years ago and the appeals against the new adopted but not yet in force Official Plan.

Two examples of issues are set out below:

This was an early version of the thinking coming out of the Planning department for the Waterfront Hotel site more than five years ago. A serious loss at the Tribunal might permit something like this.

Vrancorp asked:
5. Does the revised Downtown Urban Growth Centre (the “UGC”) boundary identified in the New OP conform to the direction of the provincialGrowth Plan (2019) and the mapping provided by the Province, as required by section 3(5) of the Planning Act?

6. Does the revised Downtown Burlington UGC boundary identified in the New OP conform to the direction of the Halton Region Official Plan (1995) and related mapping?

The developer offered to keep the Carriage Gate restaurant in place – believing it would be seen as a plus by the public.

Another example asked by Core FSC Lakeshore GP Incorporated, the developer who wants to put up a 25 + storey development in the football shaped space between Lakeshore Road and Old Lakeshore Road.

8. Are the policies establishing maximum heights, densities, stepbacks, setbacks, view corridors, transitions, dedication requirements, environmental policies, separation distances for tall buildings, and other performance standards in the Old Lakeshore Precinct:

a. excessively rigid and contrary to the Growth Plan (2019), the Provincial Policy Statement (2020), and fail to give regard to matters of provincial interest?

b. incorporate and impose guidelines, policy and study requirements that have either not received final approval or which represent an overstep of the City’s authority to administer these requirements?

c. have appropriate regard for the amount of parkland that the City can require to be dedicated as set out in the Planning Act, and are these policies ultra vires Section 42 of the Planning Act?

d. given an adequate review or consideration by the City before adoption?

e. Is it appropriate for the City to pass off its study of these policies to applicants?

These are not minor matters – the decision that will eventually be made by the OLT will be determined by how strong the city case is.

So far the city and the Region are looking irresponsible and showing little regard for the timelines and requirement to deliver information in a reasonable amount of time.

The city has to answer the questions and there are hundreds of them.

The city and region were supposed to provide a consolidated list of issues related to the new Official Plan by July 23rd, but they failed to do so. In the Case Management Conference meeting held last Wednesday morning City and Regional staff said it simply was not possible to meet the July 23rd deadline.

The list of consolidated issues is now expected on September 8th and will be discussed at the next case management conference in October, a timeframe the Member deemed relatively expeditious – not everyone saw it that way.

The city had offered to lift portions of the Interim Control Bylaw that had been put in place – that bylaw effectively put a hard stop to any progress on the numerous development applications that had been filed with the city planning department that were within the proposed new Urban Growth centre boundary.

The bylaw froze everything for one year with the option to extend the freeze for an additional year.

The city then took the position that they could not lift the freeze until all the appeals related to that Interim by law were resolved.

At the Wednesday meeting the city said it was prepared to lift the freeze on some of the development projects.

Much of the disagreement was about the delay in bringing the ICBL before the tribunal for appeal. The current interim control by-law “freezes” development around the MTSA (Major Transit Service Area) and within the Urban Growth Centre (UGC).

The old, and currently in force, UGC was focused on the downtown core.

The new UGC is focused on the Burlington GO station area.

The profits on development around the GO station are not as rich as those in the Caroline down to Lakeshore Road part of the city.

The Urban Growth Centre boundary is now much further north than it was when the 2014-18 Council changed the Official Plan.

For their part the city’s legal counsel said they would work toward lifting the freeze on areas unaffected by the new zoning by-laws, they expected this to please the developers – this also proved unsatisfactory.

Counsel for West End Home Builders Association (WEHBA) Denise Baker said the appeals process keeps getting “punted down the road.”

Representatives challenged the city’s suggestion of lifting the freeze as vague, lacking substance and a time frame.

Baker was critical of the city failing to schedule a hearing on interim control by-laws.

The ADI Nautique development got approved when a lawyer managed make a link between a bus terminal and the kind of development that was needed.

Denise Baker, some will recall, was counsel for the ADI Development Group when they appealed the decision on the property at Lakeshore and Martha Street where a 26 storey tower is in the process of going up.

Baker was brilliant when she argued that the bus terminal on John Street was an MTSA – which is the designation it had been given even though it is a room that wouldn’t hold 10 people.

The presiding member at the hearing bought the argument and that was enough to approve the ADI development even though they were asking for height on Lakeshore the city had never seen before.

Baker argued on Wednesday that: “At some point, we have a right to have a hearing on the appeals that have now been outstanding for an extended period of time.

She added that “It is absolutely within the tribunal’s jurisdiction to schedule hearings. The “only two months” was part of the ruling on January 14th, and the “only three months” was part of the ruling on April 26th to get to the August 4th date was just not acceptable to Baker who didn’t want to settle for another “only two more months” when it will be dealt with expeditiously.

“ I don’t have a commitment from the city that they will in fact be bringing such a motion” said Baker who added: “They just said they received some instructions to lift the freeze, but no commitment on how they are going to do it or when they’re going to do it.”

The OLT met largely to determine if all the matters the ICBL and the new Official Plan would be heard together.  The best that came out of the meeting to push to get the city asnd the Region to get a wiggle on and produce a document that consolidates the 70 pages of concerns and complaints from the development community that is necessary before the actual hearings can begin.

Whenever the hearings do take place it will be quite a zoo if it has to take place virtually.

Burlington has always claimed that it seldom got a fair shake at these tribunal hearings.

The failure to meet deadlines and to move the files forward is not helping.

With Council on a six week vacation there has been no word from the Mayor, who is usually quick to make a comment through at least one of her 17 communication platforms.

One has to wonder as well  if there are conversations between the City Manager Tim Commisso and the City Solicitor on just what the problem is.

Ryan O’Dowd is a Sheridan College journalism student who is part of a federally funded Local Journalism Initiative that will have him reporting for the Gazette well into 2022.  He is a Burlington native who plays the guitar.

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