PB-62-17 Recommendation Report - 421-431 Brant Street
PB-62-17 Recommendation Report - 421-431 Brant Street
PB-62-17 Recommendation Report - 421-431 Brant Street
Recommendation:
Approve the application submitted by 421 Brant Street Inc., to amend the Official Plan
and Zoning By-law, as modified by staff in Report PB-62-17, to permit a mixed used
development with a height up to 23 storeys; and
Approve Amendment No. 106 to the City of Burlington Official Plan, as contained in
Appendix B of Report PB-62-17, to modify the Downtown Core Precinct policies
affecting 421 431 Brant Street, to permit a mixed use development consisting of a 23
storey building with a maximum of 169 residential apartment units, a minimum of 365
square metres of office space and 900 square metres of commercial retail space at 421
- 431 Brant Street; and
Deem that Section 17(21) of The Planning Act has been met; and
Instruct the City Clerk to prepare the necessary by-law adopting Official Plan
Amendment No. 106 as contained in Appendix B of Report PB-62-17 (File: 505- 01/17);
and
Approve in principle the application by 421 Brant Street Inc., to amend the Zoning By-
law, as modified by staff in Report PB-62-17, to permit a mixed use building with a
height of up to 23 storeys at 421 431 Brant Street, subject to Section 37 negotiations;
and
Direct planning staff to hold discussions with the applicant to secure community benefits
in accordance with Section 37 of the Planning Act and to return to Council with a report
outlining the recommended community benefits; and
Page 2 of Report PB-62-17
Instruct planning staff to prepare the by-law to amend Zoning By-law 2020, as
amended, rezoning the lands at 421 431 Brant Street from DC and DC-434 to DC-
473 substantially in accordance with the draft regulations contained in Appendix C of
Report PB-62-17 and direct that the amending zoning by-law will not be enacted until
completion by the applicant of the following:
i) Execution of a Residential Development Agreement including the conditions
listed in Appendix D of Report PB-62-17; and
ii) Execution of a Section 37 Agreement, in accordance with Section 37 of the
Planning Act and Part VI, Section 2.3 of the Citys Official Plan, as they relate to
the request for increased density on the subject properties.
Deem that the amending zoning by-law will conform to the Official Plan for the City of
Burlington once Official Plan Amendment No. 106 is adopted; and
State that the amending zoning by-law will not come into effect until Official Plan
Amendment No. 106 is adopted. (File: 520-02/17); and
Approve the proposal by 421 Brant Street Inc., to remove three (3) city-owned trees
from the Brant Street and John Street rights-of-way in front of the properties at 421
431 Brant Street and identified on Sketch No.2 in Appendix A of Report PB-62/17,
subject to the following:
i) The Owner shall compensate the City of Burlington for the tree removals by
providing compensation (replanting or cash-in-lieu, where opportunity for
replanting is not available, in the amount of $3,750); and
All associated costs with respect to the removal of the trees will be the responsibility of
the Owner and the contractor hired to remove the trees will be approved to the
satisfaction of the Executive Director of Capital Works.
Purpose:
The purpose of the report is to recommend modified approval of applications to permit a
mixed use building at 421 431 Brant Street with a height of up to 23 storeys.
Applications have been submitted requesting amendments to the Citys Official Plan
and Zoning By-law 2020 for the subject properties in order to permit a proposed 27-
storey mixed use building (includes 1-storey of rooftop amenity space). Appendix A
contains sketches showing the proposed development.
The applicants are proposing to amend the Official Plan (Downtown Core designation)
and Zoning By-law (DC zone) to permit the proposed 27-storey mixed use building with
a floor area ratio of 10.29: 1. Notwithstanding, planning staff are recommending a
modified approval which would permit a mixed use building with a height up to 23
storeys, subject to significant design and public realm improvements.
Page 3 of Report PB-62-17
The modified development proposal aligns with the following objectives in Burlingtons
Strategic Plan 2015-2040:
Intensification
o 1.2.a: Growth is being achieved in mixed use areas and along main roads
with transit service, including mobility hubs, downtown and uptown.
o 1.2.d: New/transitioning neighbourhoods are being designed to promote
easy access to amenities, services and employment areas with more
opportunities for walking, cycling and using public transit.
o 1.2.g: Intensification is planned so that growth is financially sustainable
and so new infrastructure needed to support growth is paid using all
financial tools available to have development pay for growth infrastructure.
o 1.2.h: Burlington has a downtown that supports intensification and
contains green space and amenities, has vibrant pedestrian-focused
streets, is culturally active and is home to a mix of businesses and
residents.
o 1.2.i: Architecture and buildings are designed and constructed to have
minimal impact on the environment reflecting urban design excellence that
create buildings and public spaces where people can live, work or gather.
The applications apply to five properties known municipally as 421, 425, 427, 429 and
431 Brant Street, which the applicants have assembled. These properties currently
contain several commercial / retail buildings and operations, as well as surface parking
areas at the rear accessed from John Street. The subject lands comprise a total area of
approximately 0.2 hectares (0.5 acres). Assembled, these properties have a total
frontage of 40.5 metres along Brant Street; 50.2 metres along James Street; and 40.2
metres along John Street.
Discussion:
The PPS also sets out that new development taking place in designated growth
areas should occur adjacent to the existing built-up areas and shall have a
compact form, mix of uses and densities that allow for the efficient use of land,
infrastructure and public service facilities.
Housing Policies
The housing policies of the PPS direct planning authorities to provide an
appropriate range and mix of housing types and densities to meet the needs of
current and future residents of the regional market area. The PPS sets out that
this will be achieved by:
b) permitting and facilitating:
1. all forms of housing required to meet the social, health and well-
being requirements of current and future residents; and
2. all forms of residential intensification, including second units,
and redevelopment
c) directing the development of new housing towards locations where
appropriate levels of infrastructure and public service facilities are or
will be available to support current and projected needs;
d) promoting densities for new housing which efficiently use land,
resources, infrastructure and public service facilities, and support the
use of active transportation and transit in areas where it exists or is to
be developed; and
e) establishing development standards for residential intensification,
redevelopment and new residential development which minimize the
cost of housing and facilitate compact form, while maintaining
appropriate levels of public health and safety.
The Citys Official Plan currently permits and facilitates all forms of housing and
residential intensification, including second units and redevelopment. The Citys
existing intensification strategy has appropriately considered, planned for and
implemented an effective strategy that directs a significant amount of
intensification towards the Citys mixed use centres and intensification corridors
and these Official Plan policies are consistent with the PPS.
The appropriate development standards to facilitate residential intensification,
redevelopment and new residential development are provided through the
Official Plans evaluation criteria for intensification proposals and in more detail
through the Citys Zoning By-law 2020. These development standards are
explored in greater detail later in this report.
Page 12 of Report PB-62-17
Managing Growth
The Growth Plan contains population and employment forecasts which will be
used for planning and managing growth in the GGH to the horizon of the Growth
Plan. The vast majority of growth will be directed to settlement areas, and more
specifically will be focused in:
i. delineated built-up areas;
ii. strategic growth areas;
iii. location with existing or planned transit, with a priority on higher order
transit where it exists or is planned; and
iv. areas with existing or planned public service facilities.
The Citys Official Plan policies direct new growth to the built-up areas and focus
intensification in the mixed use centres and intensification corridors.
Urban Growth Centres
The Growth Plan defines Urban Growth Centres (UGC) as existing or emerging
downtown areas and identifies them in the Plan. The UGCs will be planned to,
among other things, accommodate significant population and employment
growth. Downtown Burlington has been identified as a UGC and is required to
achieve, by 2031 or earlier, a minimum density target of 200 residents and jobs
combined per hectare.
The City began implementing and developing an intensification strategy in 2006.
The Citys previous Intensification Study and the current draft new Official Plan
both address the objectives of the Growth Plan and are intended to direct a
significant amount of population and employment growth to mixed use
intensification corridors and centres. A detailed breakdown of the Citys current
position with respect to achieving the minimum density target is included below
within the Urban Growth Centre Targets Section below.
The proposed development is located within the Urban Growth Centre boundary
established in the Burlington Official Plan. The proposed development constitutes
intensification and generally conforms to the growth management and general
intensification policies of the Growth Plan.
Transit Corridors and Station Areas
The Growth Plan defines major transit station areas as the area including and
around a major bus depot in an urban core and generally defined as areas within
an approximate 500 metre radius of a transit station, representing about a 10-
minute walk.
Page 14 of Report PB-62-17
The subject property is located approximately 120 metres northwest of the John
Street Downtown Bus Terminal. As such, the proposed development is located
within a major transit station area.
The Growth Plan sets out that major transit station areas will be planned and
designed to be transit supportive and to achieve multimodal access to stations
and connections to nearby major trip generators. Within all major transit station
areas, development will be supported in part by planning for a diverse mix of
uses to support existing and planning transit service levels.
Housing
The Growth Plan sets out that municipalities will support the achievement of
complete communities by planning to achieve the minimum intensification and
density targets in the Plan; consider the range and mix of housing options and
densities of the existing housing stock; and plan to diversity their overall housing
stock across the municipality.
To support the achievement of complete communities, municipalities will
consider the use of available tools to require that multi-unit residential
developments incorporate a mix of unit sizes to accommodate a diverse range of
household sizes and incomes.
Growth Plan Implementation
The City of Burlington was one of the first municipalities to undertake a Growth
Plan conformity exercise which was included in the completion of Burlingtons
2008 Official Plan (OPA 55) and refined through additional OPAs (59 and 73).
This Official Plan update included policies regarding Burlingtons Urban Growth
Centre boundary, intensification corridors and accessory units. Staff notes that
OPA 73 has been appealed to the Ontario Municipal Board and is awaiting
resolution, but the growth allocation numbers provided in OPA 73 were approved
by the Region in Regional Official Plan Amendment 37 which was not appealed.
The Growth Plan notes that the minimum intensification and density targets are
minimum standards and municipalities are encouraged to go beyond these
minimum targets, where appropriate. In planning to achieve the minimum
intensification and density targets, municipalities are required to develop and
implement urban design and site design official plan policies and other
supporting documents that direct the development of a high quality public realm
and compact built form. As such, the expectation is that achieving or exceeding
the intensification targets is not done at the expense of high quality urban design,
which will be further explored in this report.
Page 15 of Report PB-62-17
The subject applications generally conform to the principles of the Growth Plan by
proposing intensification in an Urban Growth Centre, which are intended to
accommodate intensification. Staff is of the opinion that the recommended modified
approval would conform to the objectives of the Growth Plan, while ensuring that new
development would be contextually appropriate and provide high quality urban design.
An appropriate level of intensification on the subject site would also contribute towards
the City meeting its minimum density target established in the Growth Plan. As
previously notred, the minimum intensification targets are minimums and the Growth
Plan encourages municipalities to go beyond the minimum targets. Staff is of the
opinion that a high-rise built form is appropriate on this site, and would represent an
appropriate way to achieve a built form that is contextually appropriate within the
downtown setting.
The Big Move: Transforming Transportation in the Greater Toronto and Hamilton
Areas (2008)
The Big Move: Transforming Transportation in the Greater Toronto and Hamilton Areas
(Big Move) is a provincial policy document prepared under the Metrolinx Act (2008) that
contains action items to develop and implement a multi-modal transportation plan for
the Greater Toronto and Hamilton Area (GTAH).
The Big Move identifies a comprehensive rapid transit development plan as well as 51
Anchor and Gateway Mobility Hubs throughout the GTAH. Many of these Mobility Hubs
coincide with Urban Growth Centres and major transit station areas. The Big Move
identifies the major transit station area as well as the area approximately within an 800-
metre radius of the transit station as the Mobility Hub and regards these areas as
generally forecasted to achieve, or have the potential to achieve, a [total] minimum
density of approximately 10,000 people and jobs within an 800 metre radius.
Downtown Burlington is designated as an Anchor Mobility Hub. Anchor Mobility Hubs
are defined as hubs that have strategic importance due to their relationship with urban
growth centres.
The subject property is located approximately 120 metres northwest of the John Street
Downtown Bus Terminal which is generally considered the centre of the Downtown
Burlington Anchor Mobility Hub and, therefore, the subject property is located within the
boundaries of this Anchor Mobility Hub.
Staff has reviewed the 800 metre radius of the John Street Bus Terminal in Downtown
Burlington and notes that the approximate radius extends to the intersection of New
Street and Bridgman Avenue to the east; to just north of Brant Street and Baldwin
Street; and to the intersection of Maple Avenue and Ontario Street to the west. While
the limits of this boundary do not exactly align with Burlingtons Urban Growth Centre
boundary, staff notes that a significant amount of the Urban Growth Centre area is
Page 16 of Report PB-62-17
contained within this radius and, of note, a significant amount of the residential
population within the Urban Growth Centre is contained within the 800 metre radius of
the John Street Bus Terminal. As discussed in Urban Growth Centre Targets Section of
this report, the Urban Growth Centre has exceeded a total density of 10,000 people and
jobs and is expected to reach the density target of 20,920 people and jobs (200 persons
and jobs per hectare) by the year 2031.
The Metrolinx Mobility Hub Guidelines
Metrolinx also produced Mobility Hub Guidelines which provide guidance for
municipalities to define their Mobility Hubs. Downtown Burlington is classified as
a Historic Suburban Town Centre which recognizes the history and context of
Burlingtons downtown core. This classification includes smaller city centres with
low-medium density development; a mix of uses with some destinations; and a
walkable street network with smaller block sizes. The Historic Suburban Town
Centre classification is appropriate given the location and context of the
Downtown Burlington Mobility Hub which is comprised of smaller blocks, does
not have direct connections to rail transportation and is not directly located on a
major provincial highway.
provides increased density within the Built Boundary, supports the Growth Plan and
provides for reasonably accommodated intensification.
Urban Area Designation
The ROP provides objectives for the urban area which include accommodating
growth; supporting a form of growth that is compact; promoting the adaptive re-
use of brownfield and greyfield sites; and facilitating and promoting intensification
and increased densities.
The ROP states that the Urban Area should establish a rate and phasing of
growth that ensures the logical and orderly progression of development.
Locating an appropriate level of intensification on the subject site would
contribute towards an appropriate rate and phasing of growth to ensure logical
and orderly progression of development.
Regional staff generally have no objection to the proposed development on the basis
that it conforms to the Regions growth policies. City staff has evaluated the applications
on the basis of land use compatibility and the ability to achieve the Citys desired built
form. City planning staff is of the opinion that a high-rise built form would represent a
development opportunity that would be in line with both regional and municipal
objectives.
City of Burlington New Official Plan & Mobility Hubs Area Specific Plans
The subject lands fall within the Downtown Burlington Mobility Hub as identified in The
Big Move. The City of Burlington is currently preparing a new Official Plan and is in the
process of developing master plans for each of the Citys Mobility Hubs, being
Downtown, Aldershot GO, Burlington GO, and Appleby GO.
On April 6, 2017, staff presented a draft of the Citys new Official Plan to Committee of
the Whole, which communicates Councils vision and establishes strategic priorities for
the Citys growth management, land use and infrastructure.
The draft Official Plan does not contain policies for lands that are identified in the
current Official Plan as: Downtown Core; Wellington; Old Lakeshore Road; Residential
Medium and High Density, and some related policies.
Review of the existing downtown policies is required and is being completed as part of
the on-going Mobility Hubs study. The Citys Strategic Plan emphasizes the importance
of mobility hub lands, which are described as a location with several transportation
options. A concentrated point for such features as transit, employment, housing and
recreation. The Strategic Plan contains guidance to direct growth and intensification to
the downtown and each GO station and to undertake area specific plans for each hub.
The City has initiated the Mobility Hub Area Specific Planning process, which presents
an opportunity to prepare new downtown policies and incorporate them into the new
Page 20 of Report PB-62-17
Official Plan. The public engagement program commenced in the Spring of 2017 and
extended into the Fall of 2017. Draft new downtown Official Plan policies will be brought
to the public and Council for consultation, prior to incorporating them into the proposed
new Official Plan.
Mobility Hubs Area Specific Plans
In keeping with the Growth Plan, existing policy in the Citys Official Plan
identifies Major Transit Station Areas which consist of all GO stations and the
downtown, and the Urban Growth Centre located in the downtown, as
intensification areas with a pedestrian and transit-oriented focus; however, there
is limited policy guidance to address how development should occur in these
areas. The current Official Plan does not recognize Mobility Hubs and does not
include the Citys vision for these areas and specific policies to guide their
development and redevelopment. Through the new Official Plan process,
detailed Area Specific Plans are being completed for each of the Mobility Hubs
which will guide development of the hubs. The creation of the Area Specific
Plans for the Mobility Hubs was identified as a key priority for City Council
through the development of Burlingtons 2015 2040 Strategic Plan, and also
supports the objectives of the Big Move Plan, the Growth Plan and the Regions
Official Plan.
Mobility Hubs Opportunities and Constraints Study (2013)
In 2013, the City of Burlington initiated a Mobility Hubs Opportunities and
Constraints Study. Through this study, the consulting team identified primary,
second and tertiary boundaries for each Mobility Hub in the City of Burlington as
well as provided proposed recommendations.
The subject property falls within the proposed primary zone boundary of the
Downtown Mobility Hub. In the Study, the primary zone is defined as the area
within 250m radius having the greatest potential for change through
redevelopment. This means that the subject property is one of many sites in the
primary zone that may contribute to supporting the Mobility Hub.
In evaluating the opportunity sites for the Downtown Burlington Mobility Hub, the
report says that:
the historic character of the downtown is defined by a fine grain network of
streets, variation in building scale, and proximity to adjacent residential
neighbourhoods. The design and massing of all new development should
respect this character, while integrating opportunities for greater densities
where appropriate.
Page 21 of Report PB-62-17
The Opportunities and Constraints report sets out that existing destinations within
the Downtown need to be protected and enhanced. The report set out that Brant
Street is the primary destination within the downtown. New development should
frame the street, and be designed and massed to reinforce the historic scale
through a human-scale podium, faade articulation, significant glazing and spill-
out retail opportunities. New mixed use development on secondary streets, such
as John Street, should complement, and not detract from, uses on Brant Street.
The recommended modified approval would achieve these objectives.
In terms of land use, the report provides draft Official Plan direction to achieve
the following items:
Encourage mixed-use (retail, office, residential) infill with transit-supportive
infrastructure on vacant or underutilized lots;
Along John and James streets, new development should reinforce a strong
transit presence through grade-level building design, including weather
protected waiting areas, ticketing functions, and where appropriate,
supporting retail; and
Concentrate the greatest densities in close proximity to the transit services
along the key transit corridors to protect adjacent residential neighbourhoods
and heritage buildings;
With regard to built form, the report states the following:
Tall buildings on Brant Street and Lakeshore Road should be designed and
massed to protect and frame sky views and views of Lake Ontario through the
design of the building base, middle and top; and
Mid-rise and Tall buildings should be subject to front and rear-yard angular
planes to reduce their perceived mass and minimize shadow and privacy
impacts.
With regard to open space and circulation, the report states the following:
Reinforce Brant Street as the primary Downtown main street leading to the
waterfront;
Promote Brant Street as the primary connection between the Burlington GO
Mobility Hub and the waterfront. Support this role through streetscape
initiatives, active ground floor uses and street-related infill that builds on the
continuous pedestrian-supportive main street;
Promote pedestrian-focused street design on Brant Street and John Street to
balance the multiple roles of the street as a vibrant place and connector; and
Create new open spaces within large development sites to provide new public
amenity space to support increased densities.
Page 22 of Report PB-62-17
functions existing at this intersection including City Hall, Civic Square and the
Cenotaph. Developments will be expected to contribute to the extension of Civic
Square to the east side of Brant Street and ensure that view corridors from
James Street to City Hall, Civic Square and the Cenotaph are established.
Provision of such public amenities will result in a modified built form and
increased building height permissions relative to that otherwise permitted in the
Brant Main Street Precinct.
Staff is of the opinion that an appropriate level of increased height and density on
the subject site, subject to a high level of design, would comply with the general
intent of the Special Policy Area expectations set out by the on-going Mobility
Hubs study. The increased height would highlight this prominent node and
announce arrival into this civic node, through the provision of a landmark
building, urban plaza, public art, enhanced landscaping, faade design, and a
higher order of streetscaping.
The Draft New Official Plan and Mobility Hubs Study have no policy implications at this
time as neither have received Council approval; however, staff have evaluated both of
these as they will form the basis for policy moving forward. It is evident that there
continues to be support for the redevelopment of underutilized sites in the downtown
core, such as the subject lands. Staff notes that the master planning exercise for the
Downtown Mobility Hub has determined that a high-rise built form may be appropriate
on this site, subject to increased building setbacks; enhancement of sight lights to key
significant features and the creation of new public space at the Brant Street / James
Street intersection, all of which the modified development proposal would achieve. At
this point in time, development proposals will be required to meet the Official Plan
policies that are currently in force and effect. If Council approves Mobility Hub
objectives that are incorporated into the Official Plan as a result of this Official Plan
Review, then development proposals will be required to meet those objectives until such
time as the master planning exercise is completed.
accommodate 20,920 people and jobs in the UGC by 2031 (104.6 hectares x 200
persons and jobs).
In 2014, the Region of Halton requested a custom data set from Statistics Canada to
determine the population in the Urban Growth Centre based on the 2011 Census. This
request was necessary because the standard information from Statistics Canada does
not allow for the calculation of all of the individual parcels within Burlingtons Urban
Growth Centre, which has an irregular boundary. Staff have taken the 2011 Stats
Canada custom data set and added the Stats Canada population growth by
Dissemination Area (2011 2016), which includes the UGC and portion of adjacent
neighbourhoods (this assumes all new growth over the 2011 2016 timeframe occurred
in the UGC).
In order to extrapolate the total persons and jobs from the number of residential units
and type of employment space, staff have relied on the assumptions outlined in the
below chart. The Persons Per Unit (PPU) ratios were based upon the Stats Canada
2011 Census. The Employment figures were derived from the City of Burlington 2014
Development Charges Background Study.
The result from this work was a 2016 UGC population of 9,217 residents, based upon
the PPU ratios listed above.
The Region has been conducting an Employment Survey for several years and
continues to improve the methodology of this survey. In 2016, the Region of Halton
employment survey determined that there were 7,162 jobs in the UGC.
As such, as of 2016, staff calculates the total residents and jobs within the UGC to be
16,379 (9,217 residents + 7,162 jobs), which equates to 156.6 people and jobs per
hectare or 78% of the minimum density target.
Additional Projects Completed or Under Construction
The following developments have been recently completed or are currently under
construction.
Page 25 of Report PB-62-17
These developments result in an additional 1,944 people and jobs in the UGC.
This would increase the density of the UGC to 175.2 people and jobs per hectare
or 87% of the minimum density target.
Developments That Have Obtained Draft Site Plan Approval
The following developments have not yet commenced construction, but do have
the appropriate zoning in place and have obtained draft site plan approval.
Subject to the applicants clearing conditions of their draft approval, these
developments could commence construction in the near future.
Project Residential Units Non-Residential Total People and
Component Jobs
Cherish Homes 146 Commercial:685sqm 229
(high density)
M&G Eade 4 Commercial:212.7sqm 10
(high density)
239 p&j
2.3 p&j/ha
These developments would result in an additional 239 people and jobs in the
UGC. This would increase the density of the UGC to 177.5 people and jobs per
hectare or 88% of the minimum density target.
Development Applications Under Consideration
The following development applications are currently in process and have not
received any planning approvals. As such, it is acknowledged that these
Page 26 of Report PB-62-17
applications may not receive approval as applied for and that the residential and
non-residential components listed below are subject to change.
If these developments were approved as applied for (noted that this is unlikely as
these application are in process and subject to change), this would result in an
additional 964 people and jobs in the UGC. This could potentially increase the
density of the UGC to 186.7 people and jobs per hectare or 93% of the minimum
density target.
Development Inquiries Which Could Lead to Future Applications
The City has held a number of pre-consultation meetings for development
proposals within the UGC. Downtown Burlington contains a number of vacant
and under-utilized sites, some of which are owned by the City and others which
are privately owned, and there continues to be interest from the development
industry to re-develop both City-owned and privately-owned land in the Citys
downtown core.
Since these development proposals have not yet resulted in active planning
applications, the details of the proposals are private and confidential.
Notwithstanding, staff have done a high-level overview of these development
proposals to gain an understanding of the development potential downtown over
the next few years.
Page 27 of Report PB-62-17
This OP policy acknowledges and anticipates that the full range of permitted
uses and the full extent of development intensity will not be permitted at every
location within the Mixed Use Centre based on site specific factors, one of which
is land use compatibility. This policy conforms to and is consistent with policies
in the Provincial Policy Statement and in the Regional Official Plan.
The Mixed Use Centre designation contains a number of site plan considerations
intended to ensure compatibility between the Mixed Use Centre uses and
adjacent uses. These considerations include the following:
i. buildings should be located with their front face to the street, to provide a
sense of human comfort and pedestrian scale and interest, and in close
proximity to the street and transit services, wherever feasible;
ii. the site plan for individual sites includes features to integrate the new
development with surrounding uses;
iii. the site plan promotes safe, convenient, and barrier-free pedestrian
travel within the site, between the site and adjacent land uses, and to and
from transit stops;
iv. off-street parking areas, loading areas and service areas shall be
screened and landscaped;
v. the site plan promotes public safety;
vi. the site plan promotes convenient access to public transit services;
vii. off-street parking areas shall be located in the side and rear yards;
viii. off-street parking areas shall be located away from adjacent residential
uses; and
ix. loading areas and service areas are located to avoid conflict between
pedestrian and vehicular traffic.
The proposed development would reinforce the public realm and streetscape by
ensuring a high quality design along the three street frontages. The proposed
building would provide sense of human comfort by providing interesting,
transparent streetwalls within an appropriately scaled and setback building base
(podium). The proposed parking would be located underground, with access
being provided along John Street to the parking and internal loading and service
areas, which would avoid conflict between pedestrian and vehicular traffic.
The OP states that proposals for residential intensification shall be evaluated on
the basis of the objectives and policies of the Housing Intensification Section of
the OP. This policy clearly sets out the requirement to evaluate all proposals for
residential intensification within the Mixed Use Centre on the basis of the
objectives and the Housing Intensification policies. This evaluation has been
completed and is outlined in the Housing Intensification Section below.
Page 31 of Report PB-62-17
c) To establish a unique role for the Downtown so that it provides for certain
uses such as offices, and residential, as well as unique opportunities such
as independent, specialty retail activities and waterfront recreational
opportunities;
Comment: The proposed development would provide opportunities for
retail activities, office space and residential uses to support the planned
mixed use function of the Downtown.
d) To establish and maintain the Downtowns primary role as the City centre
for cultural, governmental, civic and waterfront activities;
Comment: The proposed development would incorporate an expansion to
the civic function in this area by providing an expansion to Civic Square on
the east side of Brant Street.
Page 32 of Report PB-62-17
m) To establish planning precincts within the Downtown, each with their own
distinct character and specific planning policies;
Comment: The emerging Downtown Mobility Hub Preferred Concept
identifies this site as being within the Brant Main Street Precinct and
includes a Special Policy Area with the objective of creating a civic node at
the Brant Street and James Street intersection. This designation
anticipates a modified built form and increased building heights in order to
achieve significant building setbacks, sight lines to key civic features and
the creation of new public space, which the proposed development would
achieve. The proposed development would maintain the general intent of
the emerging vision for the Downtown as set out by the Downtown Mobility
Hub Preferred Concept.
o) To ensure that the density, form, bulk, height and spacing of development
is compatible with the surrounding area;
Comment: As outlined in further detail below, staff is of the opinion that
the modified development as recommended by staff, would result in a
development that would be compatible with the surrounding area.
the shadow cast by the slender tower would be a narrow shadow that
would move quickly, therefore minimizing the shadow impacts of the
proposed tower. As such, the proposed development would comply with
the Citys expectations with respect to shadows and sky views.
Traffic
The applicants were required to complete a traffic impact study to
determine whether the additional traffic generated by the proposed
development could be satisfactorily accommodated by the surrounding
road network. The traffic impact study concluded that that the additional
traffic generated could be accommdated by the surrounding road network.
The Citys Transportation Department has reviewed these conclusions
and concurs with the assessment. Staff has indicated that the proposed
development would generate 99 two-way vehicle trips in the AM peak hour
and 103 two-way vehicle trips in the PM peak hour. With full development
and occupancy of the property, all of the intersections in vicinity of the
proposed development are forecast to operate at acceptable levels of
service during the weekday peak hours. The traffic generated by the
proposed development can be accommdated by the adjacent road
network and therefore is supported by the Citys Transportation Services
staff.
Downtown Core Precinct Designation
The Downtown Mixed Use Centre policies describe the individual precincts as
areas that have their own distinct character and specific planning policies.
Within the Downtown Mixed Use Centre, the subject site falls within the
Downtown Core Precinct. The objectives of the Downtown Core Precinct are:
a) To designate the inner core area of the Downtown for higher density
development consistent with the role of Brant Street as a major spine of
the Downtown Mixed Use Centre, to meet Provincial Growth objectives
and to help support increased transit use.
b) To require a high standard of design for new buildings in order to provide
a sense of place, compatibility with existing development and a sense of
pedestrian scale and comfort.
These objectives outline that this designation is intended to be the inner core
area of the Downtown, intended for higher density development that is consistent
with the role of Brant Street as a major spine of the Downtown Mixed Use
Centre. The proposed development is located along this spine, and it is staffs
opinion that locating an appropriately scaled building within this prominent
location within the Downtown Core Precinct supports the role of Brant Street as a
Page 39 of Report PB-62-17
major spine of the Downtown and highlights the significant function that this area
plays within the Downtown.
In addition, the objective of requiring the high standard of design for new
buildings would provide a sense of place, compatibility with existing development
and a sense of pedestrian scale. An appropriately designed building base would
ground the building to a pedestrian / human scale and add to the pedestrian
experience and comfort that would be felt adjacent to the proposed built form.
Height
The OP sets out that high-density residential apartment uses, including the
residential use of upper storeys of commercial buildings may be permitted in
the Downtown Core precinct. Within the designation, the minimum density of
residential buildings shall be 51 units per net hectare. The minimum height
of buildings shall be two storeys. The maximum height of buildings shall be
four storeys. Taller buildings up to a maximum height of eight storeys and
29 m may be permitted where they provide compatibility with surrounding
land uses and a sense of pedestrian scale by the use of terracing above the
second floor, and subject to community benefits provisions. The OP includes
an exception for a portion of the subject site (421 427 Brant Street) which
sets out that the maximum height of building shall be seven storeys and
taller buildings up to a maximum height of twelve storeys may be permitted
where they provide a sense of compatibility with surrounding land uses and a
sense of pedestrian scale by the use of terracing above the second floor.
Density
The Official Plan also addresses density in terms of floor area ratio and
requires that the maximum floor area ratio for any individual site shall be
4.0:1, except that higher floor area ratios may be permitted in conjunction
with the aforementioned heights. The exception for 421 427 Brant Street
sets out a maximum floor area ratio of 4.5:1, except that higher floor area
ratios may be permitted subject to community benefits provisions.
The Downtown Core Precinct designation requires that retail or service
commercial uses are provided at grade along public streets in residential or office
buildings and in parking garages, except where bordering residential precincts.
This designation requires that buildings be constructed to the street line with no
surface parking permitted, except for loading and emergency vehicles and further
sets out that on-site parking is not required for non-residential uses.
Staff is satisfied that the proposed development provides retail uses at grade
along the three street frontages. The expectation in the Official Plan is that
buildings be constructed to the street line with no surface parking permitted and
Page 40 of Report PB-62-17
Scale
Scale refers to the apparent size or massing of a building as created
by the placement and size of the building in its setting in comparison
with the size of adjacent buildings and as perceived from the street in
relation to human scale. People tend to evaluate the physical size
and massing of built elements in relationship to their perception of
objects that are the approximate height and size of other people.
While the building would be taller than other structures in the
immediate vicinity, the appropriate design of the building, in particular
the building base (podium) would reinforce a human / pedestrian
scale by creating a positive relationship with the street. Incorporating
a well designed building base into the existing streetscape would
allow the building to respond to the existing built form context by
reinforcing the existing streetwall to frame the streetscape. Podiums
are also to be broken down into smaller components to reflect
traditional lot widths that may exist along a streetscape (i.e. Brant
Street). The proposed development also proposes increased setbacks
along Brant Street, James Street and John Street. These increased
setbacks allow for a wider sidewalk and public realm, which
contributes to additional breathing room around the site, further
reducing the scale of the proposed development.
Above the 4th storey, the proposed development would contain
generous stepbacks from the podium to the proposed tower
component. These stepbacks reduce the impact of the proposed
height from street level, which once again contributes to an
appropriate building scale. In addition, the tower would have a slender
Page 44 of Report PB-62-17
Within 150 metres of the subject site, there are three existing tall
buildings (equal to or greater than 12 storeys) being the 18 storey
Wellington Place (478 Pearl Street), the 15 storey Elizabeth Manor
(477 Elizabeth Street) and the 12 storey Upper Canada Place (505
Locust Street). In addition, the 17 storey Berkeley Building is under
construction at 2025 Maria Street.
Staff also notes the there are a number of taller buildings that exist or
are under construction along Lakeshore Road. One of these
developments is the Bridgewater development on the south side of
Lakeshore Road, where a 22 storey apartment building is being
constructed.
As set out earlier in this report, the policy framework encourages high-
density uses on this site where compatibility is provided with
surrounding land uses and a sense of pedestrian scale is provided.
This development site is located adjacent to a prominent intersection
within the Citys downtown, abutting two of the three arterial roadways
that provide access to the Downtown (i.e. Brant Street and James
Street). In addition, the site is located adjacent to City Hall, Civic
Square and the War Memorial (Cenotaph), which establishes this
intersection, and the properties flanking it, as a significant node within
the Citys downtown. Encouraging higher intensity, transit-supportive
and pedestrian-oriented development is considered appropriate on
this site. As set out earlier, the development of this site is able to
achieve compatibility with adjacent land uses and the design of the
site would provide a sense of pedestrian scale and improve the public
realm. Prominent sites do not necessarily require tall buildings to
make them feel special, nor are they stand-alone justification for a tall
building or an increase in height; however, staff is of the opinion that
this site warrants additional height in relation to the sites surrounding
context (i.e. 17 20 storeys) to reflect this prominent location and also
contribute towards a number of city-building objectives.
According to the preferred concept for the downtown, as set out by
the on-going Mobility Hubs study, the subject site has been identified
within the Brant Main Street Precinct. The study has identified that
developments adjacent to the Brant Street / James Street intersection
will recognize and enhance the civic and public gathering functions
existing at this intersection including City Hall, Civic Square and the
Cenotaph. Developments will be expected to contribute to the
extension of Civic Square to the east side of Brant Street and ensure
Page 46 of Report PB-62-17
that view corridors from James Street to City Hall, Civic Square and
the Cenotaph are established. Provision of such public amenities will
result in a modified built form and increased building height
permissions (i.e. 17 storeys) relative to that otherwise permitted in the
Brant Main Street Precinct (i.e. 11 storeys). Staff is of the opinion that
an increased height on the subject site up to 23 storeys is appropriate
as it would result in a high level of building design and extension of
the existing civic node, which would comply intent of the vision
outlined by the on-going Mobility Hubs study.
Siting
The recommended modified approval would result in a built form that
would appropriately address the corner of Brant Street and James
Street and would include generous setbacks from the exterior lot
lines. The building base is sited appropriately and contributes to the
pedestrian scale and human experience. The siting of the podium
frames the streetscape and provides sufficient breathing room within
the public realm. The public open space at the Brant Street and
James Street corner further contributes to an appropriate grounding of
the building. The tower of the building is sited appropriately on the
building base and is stepped back enough that impacts to the public
realm are mitigated. The siting of the proposed development would be
compatible with the existing neighbourhood character.
Setbacks
The development would include increased setbacks along Brant
Street, James Street and John Street. These increased setbacks
allow for wider sidewalks, landscaping, patios, etc. which all contribute
to an improved public realm adjacent to this development. These
greater building setbacks would be located along all three of the
frontages of the development site and provide for architectural
interest; improved pedestrian amenity space; tree planting; wider
sidewalks; and other publicly accessible open space.
Parking
Staff has reviewed the development proposal and finds that the
amount of parking being recommended is adequate to accommodate
this type of development. The Zoning By-law requires 1.25 spaces
Page 47 of Report PB-62-17
per apartment unit and does not require assigned parking for visitors,
commercial or office uses. The modified approval would require a
minimum parking ratio of 1.2 parking spaces per residential unit. The
applicants are proposing to provide 8 visitor spaces. Staff considers
this to be sufficient.
This development site is located in close proximity to the bus terminal
and is well served by a number of transit routes. Further, the
applicants have agreed to contribute to the car share network that is
being developed in the City by providing a car share parking space
and vehicle.
Amenity Area
This development would include both indoor and outdoor amenity
areas. The indoor amenity areas would consist of amenity rooms on
the 2nd and 5th floors while the outdoor amenity area would consist of
communal outdoor space on the 2nd floor, 5th floor and rooftop as well
as private balconies for each of the residential units. The total
amenity space would exceed 3,300 square metres. The Zoning By-
law requires 20 m2 of amenity area for each apartment unit, and the
modified development would meet or exceed the minimum
requirements by providing a minimum of 20 square metres of amenity
space for each unit.
Transition Between Existing and Proposed Buildings
Tall buildings should respect the scale of the local context and display
an appropriate transition in height and intensity especially when
adjacent to areas of differing land use or lower-scale built form. In
general, appropriate fit and transition is achieved when tall buildings
respect and integrate with the height, scale and character of
neighbourhing buildings, reinforce the broader city structure, provide
sufficient horizontal separation and transition down to lower scale
buildings and open space.
Within the same block as the subject site, there is currently a one
storey commercial building immediately north of the site, which has
been given due consideration through the design of the proposed
building base. As set out earlier in this report, the design of the
building base (podium) has taken into account and is reflecting the
building height and character that exists along Brant Street. In
addition, the proposed tower has been setback 12.5 metres from the
Page 48 of Report PB-62-17
The Downtown Core (DC) zone, which currently applies to the subject
site and all adjacent properties, sets out that a side yard setback is not
required for lots abutting Brant Street, James Street or John Street
(among other streets). As such, buildings are permitted to have a zero
metre side lot line, which reflects the urban fabric of a downtown core
where buildings abut each other to create a continuous streetwall. Within
the DC zone, buildings up to 4 storeys in height do not need to provide a
side yard setback. The proposed development would be in line with the
expectations of the Zoning By-law, as it would provide a minimal side
yard setback to the north for the first five storeys and increase the side
yard setback to 12.5 metres at the sixth floor.
The Citys Tall Building Guidelines set out that proposed towers should
be set back 12.5 metres from adjacent property lines to protect a future
25 metre separation distance (split between each property). The
proposed development would maintain a 12.5 metre tower separation to
ensure that the development potential on the property to the north is
protected. In addition, the parcels on the opposite sides of the streets
(i.e. south side of James Street and east side of John Street), would also
have their development rights protected as the road widths would provide
appropriate separation distance between structures. It is staffs opinion
that the development of the subject site does not unduly impede the
redevelopment of properties in the immediate vicinity. This criterion is
met.
xi) Natural and cultural heritage features and areas of natural hazard
are protected;
The proposed development does not negatively impact natural or cultural
heritage features nor areas of natural hazard as there are not any natural
or cultural heritage features or areas of natural hazard in proximity to the
proposed development. This criterion is met.
xii) Where applicable, there is consideration of the policies of Part II,
Subsection 2.11.3 g) and m); and
The subject policies have been considered are not applicable because
there are no floodplains or watercourses located on the subject property
and the proposed development is not located in the South Aldershot
Planning Area. This criterion is not applicable.
xiii) proposals for non-ground oriented housing intensification shall
be permitted only at the periphery of existing residential
neighbourhoods on properties abutting, and having direct
Page 51 of Report PB-62-17
Urban Design
The OP sets out that design is an increasingly important part of the planning process.
To that end, the City of Burlington is committed to a high standard of design and
architecture and will bring these expectations to the development approval process. The
City has prepared and will continue to prepare Design Guidelines for use within the
Downtown and relating to various building typologies. Design guidelines will be referred
to through the development process and there is an expectation that the City and
development proponents adhere to the Guidelines and that their proposals will be made
to conform to the vision that the guidelines seek to achieve.
One of the objectives of the Design section of the OP is to ensure that the design of the
built environment strengthens and enhances the character of the existing distinctive
locations and neighbourhoods, and that proposals for intentsification and infill within
existing neighbourhoods are designed to be compatible and sympathetic to existing
neighbourhood character. The OP also sets out that preference will be given to
community design containing more compact forms of development that support higher
densities, are pedestrian oriented and encourage increased use of public transit.
Another objective is to achieve a high quality of design within the public realm. Design
opportunities to enhance the quality of the public realm shall be encouraged.
Improvements to existing streetscapes shall be encouraged when reconstruction
occurs. Planning staff have completed the following review of the applicable Design
Guidelines to assess the proposed development against the Citys design objective and
policies.
Page 52 of Report PB-62-17
Public Realm
Views
View to Lake Ontario from the public realm and many Downtown buildings and
landmarks (i.e. City Hall, Knox Presbyterian Church) are important to protect
and frame through new development. View termini resulting from T-
intersections (such as Brant and James) are also important view termini to be
considered in the placement and design of the built form. The identified views in
and around this development site have been protected and enhanced through
the modified approval being recommended by staff.
Open / Civic Spaces and Pedestrian Networks
Throughout the Downtown, opportunities exist to strengthen existing public and
semi-public spaces such as the City Hall plaza, and the Cenotaph parkette north
of City Hall. Opportunities for new patios and plazas will also arise from new
public and private development. Generally, pedestrian comfort could be further
improved by extending existing tree lines along sidewalks, encouraging further
plantings on public and private properties and adopting a palette of high quality,
consistent streetscape treatments. The modified approval being recommended
by staff would enhance and increase the public space in this area. The
increased building setbacks would also provide opportunities for new patios and
plazas, which would increase pedestrian comfort along all three street frontages.
Sidewalks
Where possible, sidewalks should be widened to a minimum of 4 5 metres in
width. The additional width creates a safer pedestrian zone and may
accommodate public benches, sidewalk cafes, and street trees. At corners,
boulevards should widen to provide planting areas, seating areas, and other
pedestrian amenities that beautify the street and create a public buffer from
vehicular traffic. The proposed building would be setback at least 5 6 metres
from the street curbs, which would create better streetscapes along all three
street frontages.
Built Form
Built form elements such as height, mass, setbacks, parking, servicing, access,
sun penetration and visual condition at the street level are crucial to fostering
and maintaining a positive pedestrian experience.
Quality of Frontages
Building setbacks generally should be sensitive to the location of existing built
form, sun angles and the intended use of the sidewalk (patio, gathering space,
etc.). It is crucial that the street wall be constructed with the highest quality of
Page 54 of Report PB-62-17
architectural design and materials, as this portion of the building is the most
visible and accessible to pedestrians. Stepbacks of upper storeys should be
provided so that building bulk is minimally perceived from the vantage of a
pedestrian on the street. The recommended modified approval would ensure
that the pedestrian experience is enhanced along all three street frontages.
Building Heights
The Guidelines recognize that the Official Plan and Zoning By-law determine the
allowable height of developments while the Guidelines recommend how the
height should be articulated and address a variety of issues and conditions
regarding future infill and new site development.
The Guidelines state that existing or approved building heights generally follow
a logical pattern that has a peak around the Lakeshore-Brant intersection and
descends along ridges towards low-rise areas.
Building Stepbacks
The Guidelines set out that stepbacks of upper storeys should be provided so
that building bulk is minimally perceived from the vantage of a pedestrian on the
street. Stepbacks should be considered for buildings above three storeys. The
modified approval would include building stepbacks above the 4th storey and
additional building stepbacks above the 18th floor.
High Rise Design and Architectural Quality
A section of the Downtown Urban Design Guidelines focuses on High Rise
Design and Architectural Quality. However, City Council approved updated Tall
Building Design Guidelines in July 2017, which are more current and detailed
than the high rise design guidelines that were implemented in 2006. Staff have
included a detailed review of the Citys Tall Building Design Guidelines in the
Section below.
The guidelines are broken down by the components of a tall building being the
Building Base (Podium); Building Middle (Tower); and the Building Top. Staff
have completed a review of these components and guidelines of particular
relevance in relation to the proposed development, as discussed below:
Building Base (Podium)
The podium of a tall building anchors the tower and defines the
pedestrian experience at the street. Its location and height should frame
and create a positive relationship to the street. It should be carefully
designed, including a mix of horizontal and vertical elements, to reinforce
the human scale. There should be a visual connection between the public
and private realm, which promotes vibrancy and activity throughout the
day.
i. The podium location shall be located to frame the street. On corner
lots, the podium shall be located to frame both streets.
Comment: The podium design would appropriately frame the
adjacent streets. Furthermore, the podium has been designed to
enhance the view corridors from James Street to City Hall and the
Cenotaph to highlight the civic and public interaction that occurs in
this area.
ii. On retail streets (i.e. Brant Street), and other streets where a strong
streetwall exists, the location of the podium should reinforce the
established streetwall.
Comment: The podium design reinforces the existing streetwall that
exists along Brant Street and continues the street rhythm that
currently exists. The building base has an appropriate relationship
with the adjacent buildings which reinforces the human / pedestrian
scale.
iii. Where no streetwall has been established, podiums should be
setback at grade to create wide boulevards that accommodate
pedestrians, street trees and landscaping, and at-grade active uses.
A 6 metre boulevard measured from curb is preferred, except where
existing conditions preclude.
Comment: The building has been setback approximately 6 metres
from the Brant Street, James Street and John Street curbs. These
generous setbacks provide for architectural interest; improved
pedestrian amenity space; tree planting; wider sidewals and other
publicly accessible open space.
Page 56 of Report PB-62-17
Comment: The proposed tower has been setback 12.5 metres from
the northern side property line to ensure that development potential
on the adjacent property has been protected.
ii. The tower should be stepped back at least 3 metres from the podium
to differentiate between the building podium and tower, and to ensure
useable outdoor amenity space (i.e. patios).
Comment: The proposed tower has been stepped back at least 3
metres from the podium on all sides, with increased stepbacks along
the Brant Street frontage (i.e. 6.3 metres), and John Street frontage
(i.e. 4.1 metres). These increased stepbacks reduce the negative
impacts of the tower from street level.
iii. For design flexibility, a portion of the tower (i.e. up to 20%) may
extend to the edge of the podium without a stepback provided it can
be demonstrated that there are no adverse wind and shadow
impacts.
Comment: The modified design being recommended by staff would
include a significant open space area within the building base at the
corner of Brant Street and John Street. The 3rd and 4th floors would
actually cantilever over a portion of this space to frame the area,
mitigate any wind impacts and provide weather protection in this
area.
iv. The tower portion of a tall building should be slender and should not
exceed 750 square metres, excluding balconies.
Comment: The tower would slightly exceed the 750 square metre
maximum floorplate size by 10 square metres, which would maintain
the general intent and purpose of this guideline. The additional 10
square metres was required in order to accommodate an additional
elevator shaft, which was deemed necessary as the design of the
proposed building was refined. Towers with smaller floor plates and
regular shape perform better with respect to shadow impacts, access
to sky views, wind conditions and overall impressions of whether the
building is too massive or slim and less imposing.
v. The massing of the tower, and its relationship to the building base,
shall not result in adverse wind effects at the street level.
Comment: The wind study that was submitted has concluded that
the residential, office and retail entrances would be suitable for sitting
throughout the year, which is considered ideal. On the sidewalks
Page 59 of Report PB-62-17
James Street
Page 61 of Report PB-62-17
John Street
Floors 1-4: 1.8m
Floors 5-18: 5.2m
Floors 19-22: 6.2m
Floor 23 (Mechanical No
Penthouse): 9.1m
Rear Yard and Side None required for lots Interior Side Yard:
Yard abutting Brant Street, Floors 1-2: 0m No
James Street or John Street Floors 3 - 5: 0m
Floors 6 - 22: 12.5m
Floor 23 (Mechanical
Penthouse): 14.5m
Technical Review
The Official Plan and Zoning By-law amendment and supporting documents were
circulated to internal departments and external agencies for review. Written responses
to the technical circulation have been received from Halton Region, Halton District
School Board, Halton Catholic District School Board, Burlington Hydro, the
Transportation Department, the Capital Works Department, Burlington Economic
Development Committee and the Sustainable Development Committee. No objections
have been identified by these agencies. The Sustainable Development Committees
comments have been included in Appendix E, and will be addressed at future stages of
planning (i.e. site plan).
Financial Matters:
In accordance with the Development Application Fee Schedule, all fees determined to
date have been received.
The applications were processed under the standard development application fees. If
Council approves the recommendations to approve OPA 106 and approve the rezoning
application in principle, staff will initiate discussions with the applicant to secure
community benefits in accordance with Section 37 of the Planning Act and report back
to Council with a report on Section 37 benefits prior to enactment of the zoning by-law.
At the site plan stage, the City will require securities to ensure the works associated with
the proposed development will be completed to the Citys satisfaction. The applicant will
also be required to provide cash-in-lieu of parkland and pay development charges as
required by the Development Charges By-law.
Page 63 of Report PB-62-17
Public Comments
Since the subject applications were submitted in February 2017, staff have received
correspondence from members of the public regarding the proposed development. To
date, staff have received 25 emails, 5 neighbourhood meeting comment sheets, 2
letters and 7 emails forwarded from the Councillors office. The public comments
received to date are included in Appendix F. The general themes of these comments
are:
General opposition to the proposed development;
Support for the development;
Concern about the significant increase in density from the permissions set out in
the Citys Official Plan and Zoning By-law;
Concern with proposed building height;
o Poor location for proposed height;
o Proposed development could dwarf City Hall;
Impacts from building height;
o Height would create wind impacts;
o Height would create shadow impacts;
Traffic & Safety;
o Increased traffic volumes;
Insufficient parking;
Concern that this application would be precedent setting;
Architectural / Urban Design / Streetscape concerns;
Concern the building could impact the existing character of the downtown
A summary of the issues raised by the community and staffs consideration of these
comments is provided below.
Page 65 of Report PB-62-17
Building Form and The Official Plan (OP) sets out that design is an increasingly
Urban Design important part of the planning process. To that end, the City of
Burlington is committed to a high standard of design and
architecture and brought these expectations to this
development application process. The City has prepared and
will continue to prepare Design Guidelines for use within the
Downtown and relating to various building typologies. Design
guidelines have been referred to through the development
process and there has been an expectation that the
development proponents adhere to the Guidelines and that
their proposals be made to conform to the vision that the
guidelines seek to achieve.
One of the objectives of the Design section of the OP is to
ensure that the design of the built environment strengthens
and enhances the character of the existing distinctive locations
and neighbourhoods, and that proposals for intentsification
and infill be designed to be compatible and sympathetic to
existing character. The OP also sets out that preference will
be given to community design containing more compact forms
of development that support higher densities, are pedestrian
oriented and encourage increased use of public transit.
Another objective is to achieve a high quality of design within
the public realm. Design opportunities to enhance the quality
of the public realm shall be encouraged. Improvements to
existing streetscapes shall be encouraged when
reconstruction occurs.
Planning staff have given significant consideration to the
design of the proposed built form and public realm. Staff have
assessed the development against the Citys design objectives
and applicable Urban Design Guidelines and is of the opinion
that the proposed development represents an opportunity to
implement design excellence within the Citys Downtown in
terms of the public realm improvements and the quality of the
built form.
Wind impacts & The applicant submitted reports as part of these applications
Shadow Impacts to ensure that the wind and shadow impacts were at
acceptable levels to ensure compatibility. These reports were
Page 69 of Report PB-62-17
spaces adjacent to City Hall (i.e. Civic Square and the War
Memorial) would continue to receive over seven consecutive
hours of sunlight over more than 60% of the open space areas
on the equinoxes, post development.
The Tall Building Design Guidelines include a maximum tower
floorplate, which is intended to minimize shadow impacts and
ensure sky views are protected. The modified approval
recommended by staff would ensure that the proposed tower
floorplate would maintain the maximum floorplate expectation
envisioned by the Tall Building Design Guidelines. This would
ensure that the shadow cast by the tower would be a narrow
shadow that would move quickly, therefore minimizing the
shadow impacts of the tower. As such, the proposed
development would comply with the Citys expectations with
respect to shadows and sky views.
Conclusion:
The subject applications have been reviewed in accordance with applicable Provincial,
Regional, and Municipal planning policies. It is staffs opinion that the modified high-
density development recommended by staff represents an appropriate form of
intensification and an efficient use of land. The modified development represents
appropriate use of under-utilized lands within the Citys downtown. It is staffs opinion
that the proposal satisfies the Citys objectives to develop downtown as a mixed use
community; provide housing opportunities that encourage use of public transit and
active transportation; achieve design excellence and provide development that is
compatible with surrounding properties.
Staff recommend a modified approval of the subject applications to amend the Official
Plan and Zoning By-law on the basis that that the proposal supports the policies of
Official Plan, is compatible with surrounding land uses, and satisfies the technical and
servicing requirements of the affected City Departments and external agencies. This
report recommends approval of an Official Plan Amendment No. 106, and approval in
principle of the rezoning application.
Page 71 of Report PB-62-17
Respectfully submitted,
Notifications:
Mark Bales mark@carriagegatehomes.com
Report Approval:
All reports are reviewed and/or approved by Department Director, Director of Finance
and Director of Legal. Final approval is by the City Manager.