Will ECoB have grounds to appeal the 421 Brant project? And what will the city get in the way of community benefits - and how are those benefits calculated?

News 100 redBy Pepper Parr

February 20, 2018

BURLINGTON, ON

 

Where is ECoB and their plans to appeal the decision to approve that 23 storey at the north east corner of Brant and James opposite city hall? The on across the street from city hall.

The question being asked is: Can council overturn the 5-2 vote on the 23 storey building at 421 Brant, to stop the project?

421 Brant

Sometime in the year 2020 people will be looking out from those balconies and the Brant Street we know today will be a thing of the past. The tomato processing plant that used to be where the Waterfront hotel is today is also a thing of the past as is the Riviera Motel. The world does move on.

Answer: Technically, the final decision on 421 Brant has not been made; that won’t happen until the amending bylaws come forward for a council vote.

Usually, the bylaws are presented at the same time as the vote on the application, except when community benefits are negotiated. Those are negotiated after council votes on an application, and the benefits come back for final vote alongside the amending bylaw.

Community benefits are being negotiated for this development, because of the increased height/density, the bylaws and community benefits will come back at a future date (likely in the spring) for council vote. That vote will be the final decision on the matter.

When that final vote is taken ECoB then has something they can appeal.

Council could choose at that time NOT to approve the amending bylaws, which would stop the project. That is unlikely but technically possible.

The fact that the final decision on this matter hasn’t yet been made is why in December the Engaged Citizens of Burlington could not file an Ontario Municipal Board appeal of the council “decision” on 421 Brant; a decision hasn’t been made until there is a vote on the bylaws, which hasn’t happened yet. The bylaw vote triggers the appeal period to file an appeal with the OMB (or the new Land Planning Appeals Tribunal).

Reconsideration Motions:

In general terms, council can choose at any time to “reconsider” a vote – (but that doesn’t apply in this case because the final vote hasn’t yet occurred).

A motion to reconsider an item requires a 5-2 vote to get the motion to the floor; and if that passes, a simple 4-3 majority is all that is needed to make a new decision on the item.

Only someone who voted in the affirmative on the original motion can present a motion to reconsider the decision.

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Taylor said he voted for the 23 storeys but was going to ensure that buildings on Lakeshore and Brant didn’t go higher than 17 storeys. The the OMB gives a developer four blocks to the west approval to put up 26 storeys. would that cause Taylor to have another change of heart?

 

Ward 6 Councillor Blair Lancaster thinking through the answer to a question. Tends to be cautious.

Councillor Blair Lancaster might get soft and decide that 23 storeys is too much. Unlikely though.

That means one of Councillors Taylor, Craven, Sharman or Lancaster would have to move a motion to reconsider and then five of the seven members would have to vote for that motion.

Looks pretty slim doesn’t it?

And the OMB decision that gave the ADI Development Group the right to put up a 26 story tower just blocks away kind of makes the idea of an appeal questionable.

The matter keeping the development away from city council is determining just what the community benefit are going to be.

Many people wonder just what does a developer have to give the city in the way of community benefits. How is that benefit calculated?

In the planning world the benefit is called an “uplift”

A calculation is done on the increased value of land as a result of a rezoning, the idea being that land zoned at 8 storeys will be worth more than land zoned at 4 storeys.

The land in question is 421, 425, 427, 429, and 431 Brant St. and 2007 to 2015 on James St. Whatever they were worth with a four storey zoning is the base value – what would the properties be worth if zoning were increased to 23 storeys.  One of the properties was already zoned at 12 storeys.

421 Brant st frontage

How much are these properties worth with their current zoning and how much would they be worth with the zoning that is being applied for? 50% of the increased value of the land will get paid to the city for community benefits.

Once that increase in value is calculated (called “value uplift), typically the city takes 50% of that, in cash or other benefits, or a combination of the two.

The value that is determined is not related to the number of additional units a developer will be able to create and sell – It is not related to the market value of the additional units that could be built as a result of a rezoning to increase height or density.

It is related to what the increased value of the land becomes – a fine distinction.

That equation will surprise a lot of citizens.

Some of the content in this article was copied from the A Better Burlington website.

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