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Community Planning, Regulation and Mobility Committee
April 24, 2018
What was decided (50 motions)
40 carried, 10 recorded otherwise. Every motion below is printed as the minutes print it.
department of city building report PB-04-18 dated April 24, 2018; and Adopt the proposed Grow Bold : Burlington Official Plan (April 2018), as contained in Appendix A to department of city building report PB-04-18 as amended by tables 1 and 2 ; and Approve the proposed Sustainable Building and Development Guidelines (April 2018), as contained in Appendix B to department of city building report PB-04-18; and Adopt By-law 24-20 18 related to the Grow Bold: Burlington Official Plan , as contained in Appendix C to department of city building report PB-04-18; and Direct the City Clerk to submit to Halton Region for approval, the proposed Grow Bold : Burlington Official Plan (April 2018) including all related information and documentation required under the Planning Act ; and Endorse Appendix D – Lands Recommended for Employment Conversion that are located on the Halton Region’s Employment Area overlay” for consideration as part of the Halton Region Official Plan Review and Municipal Comprehensive Review processes; and Endorse Appendix E – Lands recommended for redesignation found within the Areas of Employment as defined by the City’s existing Official Plan that are not located on the Halton Region’s Employment Area overlay so that they may be considered as part of the review and approval process of Burlington’s new Official Plan; and Direct the Director of City Building to forward any Official Plan amendments to the existing in force and effect Official Plan that occur between Co
Moved by Councillor Sharman Receive
Carried
the Director of City Building to amend Schedule E, as it pertains to 1900 Appleby Line, to extend the ‘Uptown Core’ designation as identified in the new Official Plan (April 2018 Version) westerly across the property so that the designation band remains the same depth and extends to the lot line of the fire station.
Moved by Councillor Dennison Direct
Carried
the Director of City Building to amend the new OP (April 2018 version) to permit a long-term care facility at 4103 Palladium Way by adding the following policy, Subsection 3.2.3 c): 4103 Palladium Way: Notwithstanding Subsection 3.3.2 e), Subsection 8.2.2 i) and Subsection 8.2.2 j) of this Plan, a long term care facility may be permitted on the site subject to a site specific Zoning By-law amendment which will be considered only following t he completion of a land use compatibility assessment that addresses all relevant considerations such as noise, vibration, odor, and dust using Provincial Land Use Compatibility guidelines and the Region of Halton's Land Use Compatibility Guidelines, Air Quality Guidelines, the policies of Section 4.6, Land Use Compatibility, of this Plan and any other relevant considerations to ensure that the location and design of the use mitigates adverse effects.
Moved by Councillor Lancaster Direct
Carried
Direct the Director of City Building to modify Section 9.3.2 c) (xvii) by deleting the following text: " and located outside the Escarpment Natural Area and outside the Key Natural Features, other than those areas where the only Key Natural Feature is a significant earth science area of natural and scientific interest"
Moved by Councillor Meed Ward
Carried
the Director of City Building to modify Subsection 9.1.2 g)(i) by deleting the following text: "in the Escarpment Natural Area or the Escarpment Protection Area as identified in, the Niagara Escarpment Plan, in a Key Natural Feature in the Greenbelt Natural Heritage System or in the City’s Natural Heritage System, or"
Moved by Councillor Taylor Direct
Carried
Direct the Director of City Building to modify Subsection 9.1.2 o) by replacing the paragraph with the following: (vii) parking and temporary structures are not located within the Escarpment Natural Area or within a Key Natural Feature or within thirty (30) m of a Key Natural Feature; and
Moved by Councillor Meed Ward
Carried
the Director of City Building to modify Section 12.1.12(4.1) c) (v) by adding the text in bold: for the severance of an existing dwelling that is demonstrated, to the satisfaction of the City, to be surplus to a commercial agricultural operation in the Agricultural System as identified in the Halton Region Official Plan as the result of a farm consolidation, provided that: and Deleting the following subsection in its entirety: 12.1.12(4.1) c)(v) a. the lots that make up the commercial agricultural operation are located within the Agricultural System identified in the Halton Region Official Plan;
Moved by Councillor Taylor Direct
Carried
the Director of City Building to add the following text in bold at the end of Section 4.2.4 a): An Environmental Impact Assessment (EIA) shall not be required for agricultural buildings or structures which do not require approval under the Planning Act.
Moved by Councillor Taylor Direct
Carried
Direct the Director of City Building to replace the words “other forms of attached, ground oriented dwellings” with the word “townhouses” in Section 8.3.3(1) b).
Moved by Councillor Meed Ward
Carried
the Director of City Building to add the following text in bold after 8.1.1(3.10.1) j): k) In the case of a development application preceding an Area Specific Plan, a special study for the entire Old Lakeshore Road Precinct shall be submitted and implemented based on a terms of reference completed to the satisfaction of the City. The special study shall demonstrate how the proposed development contributes towards, or does not impede the achievement of, the policy objectives for the Old Lakeshore Road Precinct identified in Policy 8.1.1 (3.10.1) a) through j). The special study will also demonstrate how the development is consistent with all applicable Official Plan policies and design guidelines.
Moved by Councillor Lancaster Direct
Carried
the Director of City Building to add the following text in bold to Section 8.3.5(2): g) 4853 Thomas Alton Boulevard: (i) Notwithstanding Subsection 8.3.5(1) of this Plan, a maximum density of 299.5 units per hectare shall be permitted on the property at 4853 Thomas Alton Boulevard; and (ii) Notwithstanding Subsection 8.3.5(1) of this plan, a maximum height of 17 storeys shall be permitted on the property at 4853 Thomas Alton Boulevard.
Moved by Councillor Lancaster Direct
Carried
Direct the Director of City Building to change the word “shall” to “should” in Section 8.1.1(3.4.2) a) in the proposed Official Plan.
Moved by Councillor Meed Ward
Carried
Direct the Director of City Building to in section 8.3.3 (1) b) Delete the words: “Notwithstanding…” up to and including “…Zoning by-law amendment,” while retaining the criteria for low density development in sections i) to iv).
Moved by Councillor Meed Ward
Lost
Direct the Director of City Building to modify Schedule G, Aldershot GO Mobility Hub boundary, to shift the hub boundary from St. Matthews to the backyards of Clearview to remove Clearview/Queen Mary from the hub.
Moved by Councillor Meed Ward
Lost
the Director of City Building to modify the proposed Grow Bold Burlington Official Plan (April 2018) for the lands owned by Mattamy James Street Limited Partnership located at 2082, 2086 and 2090 James Street to include the subject lands within a "Downtown Core Precinct" designation providing for development to a maximum height of seventeen (17) storeys.
Moved by Councillor Dennison Direct
Lost
the Director of City Building to modify the block shown on the north side of Caroline Street at John Street by changing the number of storeys from 11 storeys to 8 storeys.
Moved by Councillor Dennison Direct
Lost
the Director of City Building to modify the block shown on the south side of Caroline Street, between Brant Street and Locust Street: a) both 6 storey buildings be modified to a maximum of 4 storeys b) 8 storey building be modified to a maximum of 6 storeys
Moved by Councillor Dennison Direct
Lost
the Director of City Building to modify the following policies by replacing with the following wording: a) Modify Chapter 4, subsection 4.2.2 h) as follows: …If the refinement undertaken in accordance with this policy leads to a reduction in the size of the Natural Heritage System designation, the new land use designation shall be consistent with the Urban Structure on Schedule B: Urban Structure, unless more specific policy direction is provided, and shall not require an Official Plan Amendment. b) Modify Chapter 8, subsection 8.2.4(3)b) as follows: 151, 201, 291 & 391 North Service Road : Development of lands designated “Business Corridor” on the north side of North Service Road, west of King Road, and identified as 151, 201, 291 North Service Road and the development of lands at 391 North Service Road, designated “City’s Natural Heritage System”, shall also be required to submit and implement the following: (i) a site-specific Environmental Impact Assessment (EIA), as described in Subsection 4.2.4 of this Plan, and prepared by a qualified person, to ensure that negative impacts on the natural environment and natural heritage features and areas are minimized, through such measures as maximum impervious surface limits and setbacks from watercourses and natural features; (ii) a viewshed study and calculation of maximum building heights to ensure views to the Escarpment are maintained to the maximum extent; and (iii) compliance with the policies of Subsection 10.3.3 of this Pl
Moved by Councillor Sharman Direct
Carried
Direct the Director of City Building to ensure through the area-specific planning process, in particular the following properties (747 Appleby Line, 711 Appleby Line, 5041 Fairview and 5091 Fairview) will: • Retain employment function on the site; and • Through the area-specific plan process should sensitive or residential uses be contemplated they may only be permitted upon demonstration of Land Use Compatibility (D6 Guidelines), including appropriate mitigation and setbacks, protection from overlook, and in partnership with the adjacent employment use. The aim of the work of the area-specific plan is to ensure the continued operation of the existing employment use is not impacted by land use policy decisions on these sites. (SD-7-18)
Moved by Councillor Meed Ward
Carried
the Director of City Building to work with Halton Region, through the Region’s Municipal Comprehensive Review, with input from the community, to bring the Region’s Official Plan designations, policies and associated mapping respecting the Agricultural, Natural Heritage and Water Resource Systems into conformity with Provincial policies and plans in a manner that is appropriate to the Halton and Burlington planning context. (SD-8-18)
Moved by Councillor Taylor Direct
Carried
Direct the Director of City Building to convey to the Region of Halton that it is Council’s position that the extent of the Natural Heritage System and of Key Natural Features requires further evaluation and consultation and that agriculture is the use and the Natural Heritage System is the overlay through Halton Region’s Municipal Comprehensive Review process. (SD-9-18)
Moved by Councillor Meed Ward
Carried
Direct the Director of City Building to convey to the Region of Halton that it is Council’s position that an Environmental Impact Assessment not be applied in normal agricultural uses. (SD-10-18)
Moved by Councillor Meed Ward
Carried
the City Clerk to establish an Agricultural and Rural Affairs Advisory Committee of Council, with appropriate resources and staff support beginning in the next term of Council. (SD-11-18)
Moved by Councillor Taylor Direct
Carried
the Director of City Building to address the following in the Downtown Mobility Hub Area Specific Plan: i. Incorporate an effective transition between development within the Upper Brant Precinct and adjacent low density residential; and ii. Develop policies that will ensure that the conservation of existing heritage buildings is a priority by retaining heritage buildings on site and ensuring new development must be compatible with adjacent cultural heritage resources; and iii. In the Downtown Core Precinct, identify that not every site will be suitable to accommodate a tall building and that design guidelines and the Zoning By-law will establish the minimum criteria which may accommodate different forms of buildings; and iv. Through the Transportation Plan and Parking Study identify downtown parking needs for existing and projected development and in consideration of appropriate and reasoned projected multi-modal transportation; and v. Consider incorporating policies that will provide opportunities for flexible streets, in order to facilitate the most effective movement of pedestrians, cyclists, transit vehicles, taxi/rideshare, goods and automobiles; and vi. Consider implementing a phasing plan for development which could have significant adverse impact on the downtown infrastructure including, the road network affecting motorists and/or pedestrians. (SD-12-18)
Moved by Mayor Goldring Direct
Carried
Item iii. above by adding the words "which may accommodate different forms of buildings or heights".
Moved by Councillor Dennison Amend
Lost
the City Solicitor to report back on the real estate options for 4103 Palladium Way. (SD-13-18)
Moved by Councillor Lancaster Direct
Carried
Direct the Director of City Building to retain the existing 3 storey height for properties located in Sector 2 (S2) of the Upper Brant Precinct when staff update the Zoning By-law. (SD-14-18)
Moved by Councillor Meed Ward
Carried
Direct the Director of City Building to report back on the feasibility of implementing a bylaw regarding green roofs and other technologies including the review of other municipalities. (SD-15-18)
Moved by Councillor Meed Ward
Carried
Direct the Director of City Building to review the suggested changes from the delegation presentation on the tall building guidelines and report back to Council with any updates. (SD-16-18)
Moved by Councillor Meed Ward
Carried
Direct the Director of City Building to consider setting a minimum parkland standard (ha/1000 population) and walk distance for the Primary Growth Areas (3 Mobility Hubs and the Downtown) during the Area Specific Plans; and Direct the Executive Director of Capital Works to consider setting a minimum parkland standard (ha/1000 population) and walk distance for residential neighbourhoods across the city during review of the Parks Master Plan. (SD-17-18)
Moved by Councillor Meed Ward
Carried
Suspend the rules of procedure to allow one non-registered delegation to speak regarding department of city building report PB-04-18, in accordance with procedure by-law 64-2016 s. 37.
Moved by Councillor Meed Ward
Carried
the Planning and Development Committee meeting at 9:30 a.m. on April 26, 2018, in accordance with procedure by-law 64-2016.
Moved by Councillor Sharman Reconvene
Carried
Receive department of city building report PB-04-18 dated April 24, 2018; and Adopt the proposed Grow Bold: Burlington Official Plan (April 2018), as contained in Appendix A to department of city building report PB-04-18 as amended by tables 1 and 2; and Approve the proposed Sustainable Building and Development Guidelines (April 2018), as contained in Appendix B to department of city building report PB-04-18; and Adopt By-law 24-2018 related to the Grow Bold: Burlington Official Plan, as contained in Appendix C to department of city building report PB-04-18; and Direct the City Clerk to submit to Halton Region for approval, the proposed Grow Bold: Burlington Official Plan (April 2018) including all related information and documentation required under the Planning Act; and Endorse Appendix D – Lands Recommended for Employment Conversion that are located on the Halton Region’s Employment Area overlay” for consideration as part of the Halton Region Official Plan Review and Municipal Comprehensive Review processes; and Endorse Appendix E – Lands recommended for redesignation found within the Areas of Employment as defined by the City’s existing Official Plan that are not located on the Halton Region’s Employment Area overlay so that they may be considered as part of the review and approval process of Burlington’s new Official Plan; and Direct the Director of City Building to forward any Official Plan amendments to the existing in force and effect Official Plan that occur between
Moved by Councillor Sharman
Carried
Direct the Director of City Building to amend Schedule E, as it pertains to 1900 Appleby Line, to extend the ‘Uptown Core’ designation as identified in the new Official Plan (April 2018 Version) westerly across the property so that the designation band remains the same depth and extends to the lot line of the fire station.
Moved by Councillor Dennison
Carried
Direct the Director of City Building to amend the new OP (April 2018 version) to permit a long-term care facility at 4103 Palladium Way by adding the following policy, Subsection 3.2.3 c): 4103 Palladium Way: Notwithstanding Subsection 3.3.2 e), Subsection 8.2.2 i) and Subsection 8.2.2 j) of this Plan, a long term care facility may be permitted on the site subject to a site specific Zoning By-law amendment which will be considered only following the completion of a land use compatibility assessment that addresses all relevant considerations such as noise, vibration, odor, and dust using Provincial Land Use Compatibility guidelines and the Region of Halton's Land Use Compatibility Guidelines, Air Quality Guidelines, the policies of Section 4.6, Land Use Compatibility, of this Plan and any other relevant considerations to ensure that the location and design of the use mitigates adverse effects.
Moved by Councillor Lancaster
Carried
Direct the Director of City Building to modify Subsection 9.1.2 g)(i) by deleting the following text: "in the Escarpment Natural Area or the Escarpment Protection Area as identified in, the Niagara Escarpment Plan, in a Key Natural Feature in the Greenbelt Natural Heritage System or in the City’s Natural Heritage System, or"
Moved by Councillor Taylor
Carried
Direct the Director of City Building to modify Section 12.1.12(4.1) c) (v) by adding the text in bold: for the severance of an existing dwelling that is demonstrated, to the satisfaction of the City, to be surplus to a commercial agricultural operation in the Agricultural System as identified in the Halton Region Official Plan as the result of a farm consolidation, provided that: and Deleting the following subsection in its entirety: 12.1.12(4.1) c)(v) a. the lots that make up the commercial agricultural operation are located within the Agricultural System identified in the Halton Region Official Plan;
Moved by Councillor Taylor
Carried
Direct the Director of City Building to add the following text in bold at the end of Section 4.2.4 a): An Environmental Impact Assessment (EIA) shall not be required for agricultural buildings or structures which do not require approval under the Planning Act.
Moved by Councillor Taylor
Carried
Direct the Director of City Building to add the following text in bold after 8.1.1(3.10.1) j): k) In the case of a development application preceding an Area Specific Plan, a special study for the entire Old Lakeshore Road Precinct shall be submitted and implemented based on a terms of reference completed to the satisfaction of the City. The special study shall demonstrate how the proposed development contributes towards, or does not impede the achievement of, the policy objectives for the Old Lakeshore Road Precinct identified in Policy 8.1.1 (3.10.1) a) through j). The special study will also demonstrate how the development is consistent with all applicable Official Plan policies and design guidelines.
Moved by Councillor Lancaster
Carried
Direct the Director of City Building to add the following text in bold to Section 8.3.5(2): g) 4853 Thomas Alton Boulevard: (i) Notwithstanding Subsection 8.3.5(1) of this Plan, a maximum density of 299.5 units per hectare shall be permitted on the property at 4853 Thomas Alton Boulevard; and (ii) Notwithstanding Subsection 8.3.5(1) of this plan, a maximum height of 17 storeys shall be permitted on the property at 4853 Thomas Alton Boulevard.
Moved by Councillor Lancaster
Carried
Direct the Director of City Building to modify the proposed Grow Bold Burlington Official Plan (April 2018) for the lands owned by Mattamy James Street Limited Partnership located at 2082, 2086 and 2090 James Street to include the subject lands within a "Downtown Core Precinct" designation providing for development to a maximum height of seventeen (17) storeys.
Moved by Councillor Dennison
Lost
Direct the Director of City Building to modify the block shown on the north side of Caroline Street at John Street by changing the number of storeys from 11 storeys to 8 storeys.
Moved by Councillor Dennison
Lost
Direct the Director of City Building to modify the block shown on the south side of Caroline Street, between Brant Street and Locust Street: a) both 6 storey buildings be modified to a maximum of 4 storeys b) 8 storey building be modified to a maximum of 6 storeys
Moved by Councillor Dennison
Lost
Direct the Director of City Building to modify the following policies by replacing with the following wording: a) Modify Chapter 4, subsection 4.2.2 h) as follows: …If the refinement undertaken in accordance with this policy leads to a reduction in the size of the Natural Heritage System designation, the new land use designation shall be consistent with the Urban Structure on Schedule B: Urban Structure, unless more specific policy direction is provided, and shall not require an Official Plan Amendment. b) Modify Chapter 8, subsection 8.2.4(3)b) as follows: 151, 201, 291 & 391 North Service Road: Development of lands designated “Business Corridor” on the north side of North Service Road, west of King Road, and identified as 151, 201, 291 North Service Road and the development of lands at 391 North Service Road, designated “City’s Natural Heritage System”, shall also be required to submit and implement the following: (i) a site-specific Environmental Impact Assessment (EIA), as described in Subsection 4.2.4 of this Plan, and prepared by a qualified person, to ensure that negative impacts on the natural environment and natural heritage features and areas are minimized, through such measures as maximum impervious surface limits and setbacks from watercourses and natural features; (ii) a viewshed study and calculation of maximum building heights to ensure views to the Escarpment are maintained to the maximum extent; and (iii) compliance with the policies of Subsection 10.3.3 of t
Moved by Councillor Sharman
Carried
Direct the Director of City Building to work with Halton Region, through the Region’s Municipal Comprehensive Review, with input from the community, to bring the Region’s Official Plan designations, policies and associated mapping respecting the Agricultural, Natural Heritage and Water Resource Systems into conformity with Provincial policies and plans in a manner that is appropriate to the Halton and Burlington planning context. (SD-8-18)
Moved by Councillor Taylor
Carried
Direct the City Clerk to establish an Agricultural and Rural Affairs Advisory Committee of Council, with appropriate resources and staff support beginning in the next term of Council. (SD-11-18)
Moved by Councillor Taylor
Carried
Direct the Director of City Building to address the following in the Downtown Mobility Hub Area Specific Plan: i. Incorporate an effective transition between development within the Upper Brant Precinct and adjacent low density residential; and ii. Develop policies that will ensure that the conservation of existing heritage buildings is a priority by retaining heritage buildings on site and ensuring new development must be compatible with adjacent cultural heritage resources; and iii. In the Downtown Core Precinct, identify that not every site will be suitable to accommodate a tall building and that design guidelines and the Zoning By-law will establish the minimum criteria which may accommodate different forms of buildings; and iv. Through the Transportation Plan and Parking Study identify downtown parking needs for existing and projected development and in consideration of appropriate and reasoned projected multi-modal transportation; and v. Consider incorporating policies that will provide opportunities for flexible streets, in order to facilitate the most effective movement of pedestrians, cyclists, transit vehicles, taxi/rideshare, goods and automobiles; and vi. Consider implementing a phasing plan for development which could have significant adverse impact on the downtown infrastructure including, the road network affecting motorists and/or pedestrians. (SD-12-18)
Moved by Mayor Goldring
Carried
Amend Item iii. above by adding the words "which may accommodate different forms of buildings or heights".
Moved by Councillor Dennison
Lost
Direct the City Solicitor to report back on the real estate options for 4103 Palladium Way. (SD-13-18)
Moved by Councillor Lancaster
Carried
Reconvene the Planning and Development Committee meeting at 9:30 a.m. on April 26, 2018, in accordance with procedure by-law 64-2016.