By Staff
March 28th, 2022
BURLINGTON, ON
A number of Council members have been unhappy and somewhat disturbed over the way information was kept from the public by having the debate take place in a CLOSED session of Council.
When a CLOSED session of Council was about to take place – a notice would be read out saying what they (Council) needed to go into CLOSED for and then the web cast went dark displaying just GET THE VISUAL. When Council came out of a CLOSED session they would report that Council has agreed to do what was agreed upon in the CLOSED meeting.
Once council member complained publicly that “we can’t even tell the public the address of the property that was being discussed. The struggle to determine what could and should be released was between Council and Nancy Shea Nicol, the City Solicitor.
Last week for the first time we saw a situation where Council talked about going into CLOSED but decided not to. The City Solicitor said she would provide a report on what the issue was with all the details.
Some context:
The site was zoned MXT and as such the development application being made complied with the zoning by law and would go directly to site plan approval, Development Application proceeds straight to site plan.
In contrast when a zoning bylaw amendment is requested the proponent will go through community meetings, a Statutory Public meeting and receive a planning recommendation report for council to vote on.
None of these steps are required for applications that are in compliance with the regulations of the bylaw, as is the case with these lands.
What Councillor Kearns was able to do was undelegate the application which meant site plan approval would be determined by Council and not staff.
The developer chose to take their application to the Ontario Land Tribunal. While waiting for a hearing date the city and the developer were able to come to terms on the differences and entered into a Settlement Agreement which will now be heard by the Ontario Land Tribunal on GET THE DATE.
There is a bigger question: When the city learned that intensification was going to be focused on what were originally called mobility hubs – later changed to MTSA Major Transit Service Areas – why didn’t the Planning department look at the zoning status of all the lands around the MTSA and do what needed to be done to change the zoning.
The following is what the City Solicitor released.
On April 4, 2020 the Community Planning Department acknowledged that a site plan application had been received by Brookfield Properties, Inter Rent REIT and CLV Group Inc. (the “Applicant”) for Site Plan Approval for 2269, 2243 Fairview Street & 864 Drury Lane (the “Site”) to support the development of the Site with seven (7) residential towers on top of four (4) mixed-use podiums, with overall tower heights ranging between 29 and 37 storeys. However, the Site was located within an area that was the subject of an Interim Control By-law and related study, resulting in a development ‘freeze’ on lands within the study area.
The Official Plan Amendment (“OPA 119”) and Zoning By-law Amendment (“ZBA 2020.418”) that resulted from the recommendations of the ICBL study were appealed, including by the Applicant, in February 2020. These appeals to ZBA 2020.418 had the effect of continuing the development ‘freeze’ on the Site, and resulted in no decision being made on the site plan.
On August 11, 2021, the Applicant appealed the site plan application to the Ontario Lands Tribunal based upon non-decision of the City within the required time period set out by the Planning Act.
On December 17, 2021 the Applicant submitted a Settlement Offer to the City for consideration. The Applicant is seeking a settlement of its appeals of OPA 119, ZBA 2020.418 and its site plan application. The Settlement Offer proposes a resolution of the appeals in which the Applicant would withdraw its appeal of OPA 119 and the City and the Applicant would seek approval from the Ontario Land Tribunal (“OLT”) for site-specific amendments to ZBA 2020.418 to permit the development contemplated in phase 1 of a phased site plan. These site-specific amendments would add to the regulations contained within ZBA 2020.418 to regulate the development proposed in phase 1 of the site plan, as described below. The City and Applicant would also seek an Order from the OLT removing the Site from the ongoing development ‘freeze’ that applies to this area. The Settlement Offer proposes to resolve the site plan appeal by the City and the Applicant seeking approval from the OLT for site plan contemplating development of phase 1 of a multi-tower residential development on the Site. Future phases of the development of the Site would require Site Plan Approval from the City. Additionally, the Settlement Offer contemplates the City and the Applicant agreeing to certain parameters that would not only apply to Phase 1 of the development set out in detail in the Settlement Offer, but also to the future development of phase 2 that would be subject to a future site plan approval process by the City. Key parameters of the proposed site plan appeal settlement include:
Phases 1 and 2 will each contain two towers of 33 and 37 stories (Phase 1) and 33 and 35 stories (Phase 2) in height;
The four towers proposed in Phases 1 and 2 will all be purpose-built rental buildings, with 100% of units in the buildings being in rental tenure;
Phase 1 will provide a total of 38 three (3) bedroom residential rental units, including 25 three (3) bedroom rental units contained within the two towers;
When the Applicant seeks site plan approval for Phase 2, the towers will include at least 25 three (3) bedroom residential rental units;
Provide a minimum 30m separation between proposed towers;
The tower floor plates of the four towers in Phases 1 and 2 will have tower floor plates of up to 890 square metres;
The Applicant will dedicate 1.71ha of parkland, in addition to providing cash-in-lieu of parkland in the amount of approximately $13 million. Additionally, the Applicant will provide a privately-owned publicly accessible space (‘POPS’), maintained in perpetuity at its expense, of 0.25ha located immediately adjacent to the dedicated parkland located along Fairview Street to function as one cohesive park that may be further expanded should lands to the west of the Site re-develop in the future.
Phases 1 and 2 of the Site Plan (containing two levels of underground parking will address groundwater through a private permanent pumping stormwater management system discharged into the City’s storm sewer system at regulated volumes and quality, with ongoing stormwater management system maintenance requirements registered on the title of the rental buildings. Future phase(s) of development on the Site will have separate underground facilities and stormwater management for those phases will be reviewed by the City in future applications for site plan approval.
The Applicant will make a Municipal Consent application to bring permanent buried hydro to the entire site (Phases 1, 2 and 3). Should the applicant wish to install additional temporary overhead hydro, those drawings and details will be included with the Municipal Consent application, along with required fees and securities.
Height of the site relative to other major developments in the city
GET THE GRAPHIC OF THE SITE
Site Description and Surrounding Land Uses
The subject site has an area of 3.4 ha, and approximately 224 m of frontage along Fairview, and 143 m of frontage along Drury Lane. Access to the site is currently provided via both Drury Lane and Fairview Street. A vacant garden centre, brewery, auto repair shop, dance studio and furniture store are currently located on the Subject Lands. It is the intent that the existing buildings and structures be demolished prior to the site being redeveloped.
Surrounding the subject site are the following uses:
North: The Lakeshore West GO rail line is located adjacent to the Subject Lands directly to the north. A low-rise residential neighbourhood occupies the lands north of the rail line. An overpass pedestrian bridge at the north terminus of Drury Lane provides access over the rail line to the residential community to the north.
South: Fairview Street, low rise institutional and medical building consisting of the Halton Catholic District School Board and a medical clinic.
East: Drury Lane, and a number of low-rise service commercial and retail uses are located east of the Subject Lands, including an automotive repair and home store.
West: A car dealership is located adjacent to the Subject Lands directly west, followed by a creek and the Burlington GO Station. The Paradigm Condominium development, (5 tower and 24 storey residential condominium development) is located immediately west of the Burlington GO Station.
The Site Plan Application:
The Site Plan application that is the subject of the appeal includes 4 buildings with a total of 7 towers ranging in height from 29 to 37 storeys. The comprehensive development plan will provide 2,515 residential units of mixed type and tenure; 3,703 square metres of retail/ commercial space; there will be shared amenity space between all buildings in a variety of forms, including indoor, rooftop and outdoor elevated amenity area; all proposed parking to be located within a combination of a 4-storey above-ground parking structure abutting the northern lot line or within 5 levels of underground parking abutting the southern property line. Each building is proposed as follows:
Building A will consist of a six storey podium and a 33 storey tower with 338 residential units.
Building B will consist of a five storey podium and two towers with 651 residential units. Tower B1 will be 29 storeys and tower B2 will be 34 storeys. Ten (10) Townhouse style units are incorporated into the podium fronting onto Fairview Street.
Building C will consist of a four storey podium and two towers with 774 residential rental units. Tower C1 will be 33 storeys and tower C2 will be 37 storeys.
Building D will consist of a four storey podium and two towers with 752 residential rental units. Tower D1 will be 33 storeys and tower C2 will be 35 storeys.
Vehicular access to the proposed development will be provided primarily through an internal driveway through the site from Fairview Street to Drury Lane, similar to the driveway that presently exists on the Subject Lands. The parking structure will be accessed via Drury Lane and the internal east-west driveway, which will function as a private street. Access to the underground parking will also be provided through the internal driveway. A minimal amount of layby parking is proposed at grade. Parking is proposed as 1-5 levels of underground parking and 4 levels of parking in a structure at the rear of the site. In terms of parking rates, there are 2761 spaces for 2515 units (including visitor), 154 spaces for commercial and 34 spaces for maintenance. The total parking rate is 1.16 spaces per unit.
The Site Plan in the Proposed Settlement
The Proposed Settlement contemplates a phased approach to the development of the Site, with site plan approval for phase 1 by the OLT, and subsequent phases of the development of the site to occur through future applications for site plan approval by the City. Phase 1 will consist of a four-storey podium and two towers with 774 residential rental units. Tower C1 will be 33 storeys and tower C2 will be 37 storeys. Phase 1 also includes the internal (private) east-west road and a public park. The OLT’s approval of the Site Plan for phase 1 of the development would include conditions of Site Plan Approval that would apply to Phase 1, which consists of buildings C1 and C2 on the Site Plan. As noted above, the parameters of the settlement (such as height and floor plate size) would apply to Phase 2 (Buildings D1 and D2 on the proposed plan); however, a new Site Plan Application to the City would be required to be approved by the City, subject to conditions. Phase 3 on the Site Plan, which includes Buildings A and B to the south fronting onto Fairview Street remains independent from the settlement and will require separate review and subject to that review, may or may not be approved by the City in its current form.
