By Pepper Parr
April 18th, 2019
BURLINGTON, ON
There is nothing more powerful than a motivated citizen with research skills who takes the time to read lengthy, incredibly boring documents.
Lucy Belvedere in conversation with ward 5 candidate Mary Alice St. James
Lucy Belvedere didn’t like the look of the proposed development for the Lakeshore Village Plaza but she wasn’t prepared to sit idly by and let the developer roll over the residents of the community.
After delivering a zinger of a delegation Belvedere went over the documents that were public and realized she had missed something.
“I don’t know how I missed this! I discovered that in the Official Plan now under review, there is already a designation for the smaller sites of mixed-use properties that can apply to the Lakeshore Village Plaza site.
This designation is called Local Centre Designation and describes Policies for sites that are 1 to 4 hectares.
Belvedere argues that “Lakeshore Village Plaza should be given the designation as a Local Centre since it is under 4 hectares. This would resolve many of the major concerns of height and density and in reality it reflects the Neighbourhood Commercial designation of the existing Official Plan beautifully…allowing intensification without being excessive.”
The controversy over this redevelopment proposal could have been avoided had Lakeshore Plaza been given the correct designation: it is under four ha and should be designated a local designation centre.
“I don’t understand why it was given the Neighbourhood Centre designation that applies to properties that are 4 – 12 Hectares, especially considering the narrow roads that serve this property and the character of this east-end neighbourhood surrounding the site.
Local Centre Designation better suits a Secondary Growth Area Designation allowing reasonable intensification, but not to the extent of a Primary Growth Area.
Belvedere’s finding was sent to everyone that mattered.
During the delegation none of the council members raised the designation that was given, Lola xxx didn’t make any mention either. Did they not fully read the report?
A complete application has been in the hands of the city for some time. Are the east end residents looking at yet another development application that is going to squeeze through because of a timing goof?
This one at Martha and Lakeshore.
This one opposite city hall.
That’s how ADI got away with their Nautique development in the downtown core. The OMB approval of the ADI development gave the Carriage Gate development the loop hole they needed to get a 24 story structure approved opposite city hall.
Is this what the residents of the east end can expect for the Lakeshore Village Plaza?
Will Lucy Belvedere have run the alarm bell soon enough?
I now am hearing the Province is coming up with new housing policies that facilitate efficient and cost effective housing and also providing for a variety of housing types and numerous other well thought out ideas. Sounds interesting.
The Provincial Policy statements are dated 2014. Burlington Official Plan dates back to 2008. Greenbelts, Grow up, not out policies. Save trees, save farm land ideas are fairly recent policies and mindsets . I think it’s time for the Provincial Government to come up with policies that clearly outline specific heights and densities that apply equally to all municipalities. That way every piece of developable property will have a iron clad set of rules attached to it. No wiggle room for developers or councils. It guarantees certainty. Citizens will know exactly what will be happening to these properties in the future. If you don’t like the policies. Don’t vote for that Provincial government. The development process in place now is sheer lunacy
James once again reaches too far in his story-telling. Supporters need to watch out what they seem to believe and want others too as well.
Right now LPAT is trying to get Procedural Orders and Issues Lists consented to so they can try to set dates for actual hearings that are late 2020.
The City’s public process on this application is right now indeterminate in time needed, except if the developer agrees to come back with another application and does so in time for the city to meet the legal timelines for a decision by Council.
The original application was made under the Existing OP and the previous Council, and was informed by the adopted but not approved OP that is now being reviewed by the new Council.
The in force existing OP contains provisions that allow for applications for amendments to the OP designations and the Zoning bylaws that, if approved, could allow for more height and density than the standard baseline permissions. These provisions are what were used to frame the existing application being discussed here.
The provincial policy frame, Growth Plan, Regional OP and growth plan, and City OP, are not determinate in stating specific or minimum heights and densities that are needed to conform across the whole span of this frame. These new development rules, and the LPAT criteria used in hearings, that James and others say are the new rules that the City has no cards to play, only guide development towards higher and denser.
The in force existing city and Regional OPs have provisions that will allow more height and density, but also provisions that are important constraints. An approval of the adopted City OP is not needed. Amendments to the existing one can move this way.
The adopted OP may provide some back door informative ideas, at least because some ideas are going to be needed to resolve and settle the controversy of this application.
This could take years. Nothing will be built before the city and region have a new OP – I would bet.
So it is a far distance from a done deal and no one who has any experience in this game really knows for sure what the outcome is going to be.
Lucy is putting together her argument based on planning language and the policy frame that pertains. THat’s what will win the day in the end.
So far, the no hope for the city people here have only asserted their foregone conclusion and no substantive argument at all. You folks won’t even get participant status at LPAT with these empty words.
I applaud Lucy for researching the details behind the various “Centre” designations in both the current Official Plan and the newer unofficial Plan that was rejected by the Region. It seems that the Local Centre is an apt and applicable designation for a small site like this on non-regional narrow roads.
Unlike some other commenters, I see an opportunity here to learn from both official plans and come up with an up to date definition of a Neighbourhood Centre or Local Centre, whatever name Council thinks is most appropriate, that will be incorporated in next revised Official Plan.
I also see a strong case for the City to make defending any decision Council makes on this file if it has to go to LPAT, based on the current Official Plan which has always been in compliance with Provincial Policy Statements and Places to Grow legislation, despite what developers may claim.
Lucy’s research has not revealed a red herring. It’s revealed a vein of gold.
James. I agree with you fully. It is also important to point out that the Provincial Policies are running on the 2019 rules. In step with the developers and LPAT. I also have another theory of what is taking place in Burlington. It’s called Planning by LPAT. The Mayor says No to everything. Keeping the nimby’s happy. Let the application then go to LPAT knowing the City will lose. Then blame LPAT for the decision. Excuses that we have heard in the past are the LPAT is corrupt, developers control LPAT. That non-elected officials made the wrong decision and so on. If this is the case, which I believe it is. This scenario appears to be playing over and over in Burlington. We should encourage Premier Ford to eliminate councils from the process. The City of Burlington appears to have difficulty making decisions and appears to only want to kick the ball up the field and buy time. The “I will stop development” election slogan is starting to show large cracks. The Province is well aware of the Mayors anti-development position and I predict will put an end to it quickly.
I think James has put this in full perspective. Wake up call for Council…it does not hold any cards here.
Red herring. That new Official Plan remains in draft, is being changed, and has no status or bearing whatsoever. Even once finally re-approved by Council in 2020 it still has to go back to the Region for another round of review where it will most likely be sent back to the City yet again for more changes after it’s demonstrated that it doesn’t meet Regional or Provincial Policy. Burlington may have chosen to bury its head in the sand trying to avoid growth and intensification, but the other levels of government sure haven’t. Burlington has some serious catching up to do and until they do, the 2008 Official Plan remains the only one in force and effect and likely will remain so for several years to come, which means good luck defending it at LPAT. While Burlington is playing to 2008 rules, developers are playing to 2019 rules. And you wonder why they win? Construction on this development may already be well underway before Burlington ever gets its new Official Plan into force.
The Local Centre Designation is in the new Official Plan under review. My goal is to show that even in the Plan under review this proposal would not be acceptable for the site, wrongly designated, Neighbourhood Centre.
The DESIGNATION that the region rejected for this site in the Official plan now under review is the Neighbourhood Centre Designation.
In the developer’s proposal, they mix old and new official plans. They ask for amendments to the existing Official Plan zoning, want it to go from Neighbourhood Commercial to Community Commercial. However, the proposal actually builds according to the under review Neighbourhood Centre Designation which produced this excessive over-development. This mixing of old parameters/designations from the existing plan and the under review plan, contributed to much confusion in preparing a delegation.
Bottom Line: It appeared that Delegations (residents) are content with the present zoning in the existing plan as Neighbourhood Commercial and want rezoning and amendments rejected. As well, this falls in line with the LOCAL CENTRE designation in the under review Official Plan that would definitely also be acceptable to residents because it is so aligned with the Neighbourhood Commercial designation.
There is a chance that a new proposal may not come from this developer until a new official plan is adopted, so it is important to be sure it will be given a new designation.
Existing Plan : Neighbourhood Commercial accepted for this site by residents.
Under Review Plan: Neighbourhood Centre Designation rejected by residents; Local Centre would be a more suitable fit.
My delegation accepted Neighbourhood Commercial (existing OP) and rejected the Neighbourhood Centre designation (under review OP) which the Region also rejected. Thus, the bases are covered for this site, whether existing or under review OP.
This confuses me is this in the existing official plan which council directed all staff to use or in the new official plan rejected byt the region that council told all staff and developers not to use??