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PB-62-17 Recommendation Report - 421-431 Brant Street

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Page 1 of Report PB-62-17

SUBJECT: Report recommending modified approval of an Official Plan


and Zoning By-law amendment for 421 431 Brant Street
TO: Planning and Development Committee
FROM: Planning and Building Department
Report Number: PB-62-17
Wards Affected: 2
File Numbers: 505-01/17 & 520-02/17
Date to Committee: November 1, 2017
Date to Council: November 13, 2017

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:

A City that Grows:

Promoting Economic Growth


o 1.1.g: Burlingtons downtown is vibrant and thriving with greater
intensification attracting both businesses and people to enjoy the quality of
life.

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.

Focused Population Growth


o 1.3.a: Burlington is an inclusive city that has a higher proportion of youth,
newcomers and young families and offers a price range and mix of
housing choices.

A City that Moves:

Increased Transportation Flows and Connectivity


o 2.1.b: Mobility hubs are being developed and supported by intensification
and built forms that allow walkable neighbourhoods to develop.
o 2.1.g: Walkability has guided the development of new/transitioning
neighbourhoods and the downtown so that people rely less on
automobiles.
Page 4 of Report PB-62-17

REPORT FACT SHEET

RECOMMENDATIONS: Modified Approval Ward No.: 2

APPLICANT: 421 Brant Street Inc,


Application Details

OWNER: 421 Brant Street Inc.

FILE NUMBERS: 505-01/17 & 520-02/17

TYPE OF APPLICATION: Official Plan & Zoning By-law Amendment

27-storey mixed use building with


PROPOSED USE:
commercial/retail, office and residential uses.

South end of block bound by Brant Street, James


PROPERTY LOCATION:
Street and John Street.
Property Details

MUNICIPAL ADDRESSES: 421 431 Brant Street

PROPERTY AREA: 0.2 hectares (0.5 acres)

1 & 2 storey retail commercial buildings &


EXISTING USE:
surface parking

Downtown Mixed Use Centre Downtown Core


OFFICIAL PLAN Existing:
Precinct
Downtown Mixed Use Centre Downtown Core
OFFICIAL PLAN Proposed: Precinct site specific designation to permit
Documents

increased height and floor area ratio (FAR).


421 427 Brant Street DC -434 (Downtown
ZONING Existing: Core)
429 431 DC Downtown Core

ZONING Proposed: Modified DC with site specific exception


Page 5 of Report PB-62-17

NEIGHBOURHOOD MEETING: March 28, 2017


Processing Details

Staff have received 25 emails, five


neighbourhood meeting comment sheets, and
PUBLIC COMMENTS: two letters.
Note: Some constituents sent multiple letters

Background and Discussion:


Site Description:
The proposed Official Plan Amendment (OPA) and Zoning By-law Amendment
(hereafter referred to as rezoning) applications apply to the properties located at the
south end of the City block bound by Brant Street on the west, James Street on the
south and John Street on the east, as shown on the sketch below and on the Location /
Zoning Sketch, attached as Appendix A.
Page 6 of Report PB-62-17

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.

Surrounding Land Uses:


North One storey retail / commercial uses fronting on Brant Street with
surface parking at the rear accessed from John Street.
East John Street, 2 storey retail, commercial and office buildings
fronting onto James Street and Elizabeth Street with surface
parking areas accessed from John Street.
South James Street, 1 & 2 storey retail and commercial uses fronting
onto Brant Street and John Street. Surface parking lot and 6-
storey office building located to the south-east.
West Brant Street, 8-storey City Hall (includes Civic Square and the
Cenotaph War Memorial). Three and a half storey mixed use
building to the south-west. Two and three storey retail,
commercial and office buildings to the north-west.

Application Details and Processing History


On February 9, 2017 the Planning and Building Department acknowledged that
complete applications had been received for Official Plan and Zoning By-law
amendments for 421 431 Brant Street, for the purpose of facilitating the development
of a twenty-seven (27) storey mixed use building, as illustrated in the sketches in
Appendix A. The proposed development includes:
four storeys of underground parking;
one storey of retail uses (1,019.5 square metres) at grade fronting Brant Street,
James Street and John Street;
one storey of office uses on the 2nd floor (870.8 square metres); and
25-storeys (above the retail & office floors) containing 179 residential units.
The floor area ratio of the proposed development is 10.29:1 (measured by adding the
retail floor area, office space, indoor amenity area and residential floor area and dividing
it by the site area), and the proposed density is 895 units per hectare. The proposed
development is illustrated in the attached Sketches 2 & 3 (Appendix A).
Page 7 of Report PB-62-17

The subject applications seek approval to:


Increase the height of the building to 27 storeys from the 4 & 7 storey permission
in the Zoning By-law and the 8 & 12 storey permission in the Official Plan;
Increase the density on the property to 10.29:1 from the 4.0:1 & 4.5:1 floor area
ratio permitted in the Zoning By-law and the Official Plan;
Reduce the amount of parking to 183 spaces from the 224 spaces required in the
Zoning By-law; and
Reduce the minimum required height of the 2nd storey;
Reduce the minimum required setback between the property line and the
vehicular entrance / exit ramp;
Reduce the minimum required setbacks for the proposed underground parking
structure; and
Increase the maximum permitted encroachments for the proposed balconies;
Staff initiated the public and technical circulation of the applications in February 2017
and the City scheduled a neighbourhood meeting that was held on March 28, 2017 at
the Art Gallery of Burlington, which was attended by approximately 100 residents.
The statutory public meeting took place at the Planning and Building Committee
meeting held on May 2, 2017. Staff information report PB-38-17 was presented at this
meeting and included the public comments regarding the proposed development that
were received by the planning department. Additional public comments received since
April 2017 have been attached as Appendix F to this report. City Council received and
filed report PB-38-17 on May 15, 2017.
Subsequent to the statutory meeting and in light of all public and technical comments
received, the applicant submitted updated plans which lowered the number of
residential units; reduced the tower floor plate size, gross floor area, and floor area ratio;
reduced the amenity area and office space; increased the retail space; and increased
the parking ratio.
Following the statutory public meeting, staff met with the applicants to discuss technical
issues and planning concerns with the development proposal. Planning staff
endeavoured to take a position believed to represent good planning, which is reflected
in the recommeded modified approval outlined in this report and consists of the
following:
Twenty-three (23) storey building, which includes a 1-storey rooftop amenity
area;
Four-storey podium;
900 square metres of ground floor retail / commercial space;
Page 8 of Report PB-62-17

365 square metres of 2nd floor office space;


169 residential units (maximum);
A parking ratio of 1.2 parking spaces per residential unit in the below-grade
parking structure, in addition to 8 dedicated visitor parking spaces and 1 car
share space;
Appropriate building setbacks from Brant Street (2.95 metres), James Street (2.6
metres) and John Street (1.8 metres);
A 128 square metre (16 metre x 16 metre) visibility triangle (publicly accessible
open space) at the corner of Brant Street and James Street;
Appropriate building stepbacks and terracing above the 4th floor and above the
18th floor.
Background Reports
The applicant has submitted the following technical reports and plans listed below in
support of the applications. These reports were circulated to technical staff and
agencies for review and comment and posted on the Citys website
(www.burlington.ca/421Brant) to facilitate public review.
Architectural Plans, prepared by Turner Fleisher Architects Inc, dated January
2017;
Landscape Plans, prepared by Ferris & Associates, dated November 2016;
Brant Street Rendering, prepared by Turner Fleisher Architects Inc, dated
January 2017;
James Street Rendering, prepared by Turner Fleisher Architects Inc, dated
January 2017;
Planning Justification Report, prepared by Fothergill Planning & Development
Inc., dated January 2017;
Urban Design Brief, prepared by Bousfields Inc., dated January 2017;
Noise Study, prepared by Novus Environmental Inc., dated January 2017;
Shadow Impact Study, prepared by R. Bouwmeester & Associates, dated
February 2017;
Pedestrian Wind Assessment, prepared by Novus Environmental Inc., dated
January 2017;
Transportation Impact Study, Parking Study and TDM Options, prepared by
Paradigm Transportation Solution Limited, dated December 2016;
Functional Servicing Report, prepared by S. Llewellyn & Associates Ltd., dated
December 2016;
Environmental Site Screening Questionnaire;
Geotechnical Engineering Report, prepared by Terraprobe Inc., dated December
2016;
Page 9 of Report PB-62-17

Hydrogeological Investigation Report, prepared by Terraprobe Inc., dated


December 2016;
Phase 1 Environmental Site Assessment, prepared by Terraprobe Inc., dated
December 2016;
Phase 2 Environmental Site Assessment, prepared by Terraprobe Inc., dated
December 2016.

Discussion:

Policy Framework and Review


The OPA and rezoning applications are subject to the following policy framework:
Provincial Policy Statement, 2014; Growth Plan for the Greater Golden Horseshoe,
2017; The Big Move, Transforming Transportation in the Greater Toronto and Hamilton
Area; Halton Region Official Plan; Burlington Official Plan; Downtown Urban Design
Guidelines; Tall Building Design Guidelines; and Zoning By-law 2020.
Staff has reviewed and analyzed the planning merits of these applications within this
policy framework as described below.

Provincial Policy Statement (2014)


The Provincial Policy Statement (PPS) came into effect on April 30, 2014 and applies to
decisions concerning planning matters made after this date. All planning decisions are
required to be consistent with the PPS.
The PPS provides broad policy direction on matters of provincial interest related to land
use planning and development. It sets the policy foundation for regulating the
development and use of land. The PPS provides for appropriate development while
protecting resources of provincial interest, public health and safety, and the quality of
the natural and built environment.
The PPS focuses growth and development within urban and rural settlement areas
while supporting the viability of rural areas. It recognizes that the wise management of
land use change may involve directing, promoting or sustaining development. Efficient
development patterns optimize the use of land, resources and public investment in
infrastructure and public service facilities. These land use patterns promote a mix of
housing including affordable housing, employment, recreation, parks and open spaces,
and transportation choices that increase the use of active transportation and transit
before other modes of travel.
Page 10 of Report PB-62-17

Settlement Areas Policies


The PPS identifies settlement areas as the focus of growth and development and
requires that sufficient land be made available through intensification and
redevelopment and, if necessary, designated growth areas. The PPS sets out
that:
Land use patterns within settlement areas shall be based on:
a) densities and a mix of land uses which:
1. efficiently use land and resources;
2. are appropriate for, and efficiently use, the infrastructure and public
service facilities which are planned or available, and avoid the need
for their unjustified and/or uneconomical expansion;
4. support active transportation;
5. are transit-supportive, where transit is planned, exists or may be
developed;
In addition, the PPS directs planning authorities to identify appropriate locations
and promote opportunities for intensification and redevelopment where this can
be accommodated and to promote appropriate development standards which
facilitate intensification, redevelopment and compact form, while avoiding or
mitigating risks to public health and safety. The appropriate locations and
opportunities for intensification are clearly described in the City of Burlingtons
Official Plan in accordance with the Citys intensification strategy. The
appropriate development standards to facilitate intensification are provided
through the Citys Official Plans evaluation criteria for intensification proposals
and more specifically through the Citys Zoning By-law 2020, which the PPS
identifies as vehicles for the implementation of the PPS.
The PPS also directs planning authorities to establish and implement minimum
targets for intensification and redevelopment within built-up areas, based on local
conditions. The provincial targets for intensification shall represent the minimum
target for affected areas and can be exceeded. The subject property is located
within the settlement area as well as within a designated growth area; the
proposed development is located near existing transit facilities; and the
development can use existing infrastructure. The City of Burlington has
considered local conditions in the development and implementation of the Citys
comprehensive intensification strategy and staff have further determined that an
appropriate level of intensification on this site can contribute towards achieving
the Citys intensification targets. Further discussion regarding the Citys
intensification targets is included below in this report.
Page 11 of Report PB-62-17

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

PPS and Local Context


The PPS recognizes that local context is important and that not all policies will be
applicable to every site, feature or area. Further, the PPS sets out that some
policies refer to planning objectives that need to be considered in the context of
the municipality or planning area as a whole, and are not necessarily applicable
to a specific site or development proposal.
The PPS also sets out that the Official Plan is the most important vehicle for
implementation of the PPS. Comprehensive, integrated and long-term planning
is best achieved through official plans. Official plans shall identify provincial
interests and set out appropriate land use designations and policies. Official
plans shall provide clear, reasonable and attainable policies to protect provincial
interests and direct development to suitable areas.
With these two statements, the PPS is clear that the objectives of its policies
should be given contextual consideration and not be interpreted as an
unrestricted or unconditional permission to apply PPS policies to specific sites
and development proposals. The PPS refers the reader to local Official Plans
and Zoning By-laws which are the vehicles to best achieve comprehensive,
integrated and long-term planning and are suited to provide reasonable and
attainable policies to protect provincial interests, such as the intensification
strategy embedded in the City of Burlingtons Official Plan. The Official Plan
provides the overarching policy framework, evaluation criteria for intensification
proposals and development standards in the City of Burlington.
In principle, the proposed development is consistent with the PPS. Staff is of the
opinion that an appropriate level of intensification, as set out by the recommended
modified approval, would represent an opportunity to establish an efficient development
pattern to optimize the use of land and promote a mix of housing, which could prioritize
the use of active transportation and transit.
Growth Plan for the Greater Golden Horseshoe (2017)
The Growth Plan for the Greater Golden Horseshoe (Growth Plan) came into effect on
July 1, 2017 and provides a growth management policy direction for the defined growth
plan area. The Growth Plan provides a framework for implementing the Provinces
vision for building stronger, prosperous communities by better managing growth. The
Growth Plan intends to build towards the achievement of complete communities that are
compact, transit-supportive, and make effective use of investments in infrastructure and
public service facilities. The Plan focuses on building complete communities that are
well-designed, offer transportation choices, accommodate people at all stages of life
and have the right mix of housing, a good range of jobs and easy access to stores and
services to meet daily needs.
Page 13 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.

Region of Halton Official Plan


The Regions Official Plan (ROP) provides goals, objectives and policies to direct
physical development and change in Halton. Regional Official Plan Amendments
(ROPA) 37, 38 and 39 received partial approval by the Ontario Municipal Board in 2014.
Section 76 of ROPA 38 establishes that the range of permitted uses in the Urban Area
will be in accordance with Local Official Plans and Zoning By-laws, but all development
is subject to the policies of the ROP.
The subject property is designated Urban Area and also identified as being within a
Mobility Hub. The Urban Area policies of the ROP provide that the range of permitted
uses and creation of new lots within the Urban Area will be in accordance with Local
Official Plans and Zoning By-laws. However, all development shall be subject to all
other relevant policies of the Regional Plan.
As part of the Urban Area, the subject lands also form part of a Regional Intensification
Area and are part of an Urban Growth Centre in the ROP and Growth Plan. The policies
of the Urban Area designation support residential intensification and the development of
vibrant and healthy communities. The ROP further supports providing opportunities for
live/work relationships, and achieving densities higher than the surrounding areas and
as high as permissible under local Official Plan policies. The proposed OPA and
corresponding rezoning both appear to be in keeping with the general intent and
objectives of the Urban Area policies of the ROP, as the proposal is transit supportive,
Page 17 of Report PB-62-17

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 Burlingtons Intensification Strategy


Since the inception of the Provincial Growth Plan in 2005, Burlington has been
developing a comprehensive intensification strategy to conform to the Growth Plan and
achieve its density targets, as outlined below.
2006 Official Plan Amendment 55
In 2006, Burlington staff refined the boundaries and population and employment
estimates for Burlingtons Growth Centre in consultation with the Ministry of
Public Infrastructure Renewal (MPIR), as part of the Citys Official Plan update
(OPA No. 55). Burlingtons Urban Growth Centre analysis estimated a
residential intensification increase of 2,200 dwelling units that would support an
additional 3,750 residents by the year 2031.
2007 Official Plan Amendment 59
Planning staff provided an update on various provincial, regional and municipal
initiatives and provided an overview of the Citys intensification strategy which
was approved by City Council on October 1, 2007. These initiatives included the
following:
OPA 55;
Page 18 of Report PB-62-17

GO Station Intensification Opportunity Study (which informed OPA 59 &


Zoning By-law 2020-213);
Analysis of Intensification Potential (corridors, key sites, accessory units,
infrastructure); and,
Implementation Measures (OPA/Rezoning, Design Guidelines,
Infrastructure Improvements).
OPAs 55 and 59 included a series of amendments to the Official Plan that
identified the Urban Growth Centre boundary; strengthened the policies for Mixed
Use Centres and Mixed Use Corridors which serve as intensification areas;
added policies for accessory dwellings units; addressed intensification around
GO Stations and established a strategic approach to planning for and
accommodating intensification within the built boundary.
2008 Burlington Intensification Study
In 2008, Planning staff prepared the Burlington Intensification Study (Staff Report
PL-1/08) with Preliminary 2031 Residential and Employment Intensification
Estimates. This staff report described the components of residential
intensification in Burlington which included the Urban Growth Centre, Urban
Growth Corridors, Uptown and Regional Malls, low density infill and accessory
dwelling units.
2009 Official Plan Amendment 73
Following the completion of the 2008 Official Plan Review and the approval of
OPA 73 in 2009, which included the Citys population forecasts to 2031, the
Citys Official Plan policies presented a comprehensive and strategic approach to
intensifying the two Mixed Use Centres (Downtown Burlington and Uptown) as
well as a series of intensification corridors identified as Mixed Use Corridors.
Staff notes that OPA 73 is currently under appeal, but the Citys population
forecasts to 2031 are included in ROPA 37 which was not appealed and
therefore the Citys forecasts were approved by the Region of Halton.
2017 Draft New Official Plan
The draft new Official Plan (OP) has been developed in recognition of the
opportunities and challenges ahead as the City continues to evolve. The City has
expressed its interest to Grow Bold, which means the City welcomes continued
growth and will guide this growth to the right locations. Burlingtons draft new OP
communicates Councils vision and establishes strategic priorities for the Citys
growth management, land use and infrastructure. The draft new OP reaffirms the
Citys commitment to maintain a firm urban boundary and introduces a new
Urban Structure and Growth Framework to direct growth to the right parts of the
City, and prioritizes growth around the Mobility Hubs.
Page 19 of Report PB-62-17

The Downtown is considered an Urban Centre and is identified as a mobility hub


in the draft new Official Plan. The area is currently under review through the
Mobility Hub Area-Specific Plan. The review will confirm or change the policies
as currently contained in the existing Official Plan. The draft new OP does not
contain policies for lands in the downtown that are identified in the current Official
Plan as: Downtown Core; Wellington Square; Old Lakeshore Road; Residential
Medium and High Density, and some other related policies. Notwithstanding, the
draft new OP and the Mobility Hub Area-Specific Plans will conform to the
Provincial Growth Plan and allow the City to achieve its minimum density targets.
The City has conducted several conformity exercises and has developed a
comprehensive approach that balances the protection of neighbourhoods and the
accommodation of compatible intensification in appropriate locations. Planning staff is
confident that the intensification framework that has been established provides the City
with the ability to achieve the density targets established in the Growth Plan, Regional
Official Plan and City Official Plan. Notwithstanding, it is important to note that the
intensification targets are minimums and municipalities are encouraged to exceed these
targets, with developments that help a municipality achieve its strategic growth
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

Downtown Mobility Hub Preferred Concept (2017)


The on-going Mobility Hubs Area Specific Planning process has identified the
subject site within the Brant Main Street Precinct. The Brant Main Street Precinct
is a new precinct that has been created to recognize the unique and fine grain
Main Street character of Brant Street, to achieve a pedestrian-scaled
environment, and to establish public realm improvements between Pine Street
and Caroline Street. The Brant Main Street Precinct responds to the
overwhelming public feedback about the importance of retaining the character of
Brant Street. The area identified as Brant Main Street Precinct in the draft new
Precinct Plan is identified as part of a larger Downtown Core Precinct in the
Citys current Official Plan.
The Brant Main Street Precinct includes key policy directions intended to retain a
pedestrian-scaled character along Brant Street through the establishment of a
maximum building height of 3 storeys immediately adjacent to Brant Street and
11 storeys along John and Locust Streets, subject to a 45-degree angular plane
analysis and the terracing of building heights as well as podium requirements
along Locust and John Streets. Additional directions are included to establish a
maximum floor plate size, a requirement for retail and service commercial along
Brant Street, a minimum of two uses within buildings and Transportation Demand
Management (TDM) and mitigation measures.
The policies for the Brant Main Street Precinct also introduce the concept of a
flexible street (a street that is designed to transition between vehicular and
pedestrian-focused activities and events) on Brant Street from Pine Street to
Caroline Street.
The proposed Brant Main Street Precinct includes a Special Policy Area with the
objective of creating a civic node at the intersection of Brant Street and James
Street, which includes the view terminus of City Hall. The Special Policy Area
covers the subject site and is located on the east side of Brant Street between
the Elgin Promenade to the south and the mid-block connection across from
Ontario Street to the north.
The key policy directions for the Brant Main Street Special Policy Area include
the establishment of an enhanced civic node and permission for a modified built
form and increased building heights of 17 storeys in order to achieve significant
building setbacks, sight lines to key civic features and the creation of new public
space at the corner of James and Brant Streets to serve as a public extension of
Civic Square.
The study has identified that developments adjacent to the Brant Street / James
Street intersection will recognize and enhance the civic and public gathering
Page 23 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.

Urban Growth Centre Targets


Staff has prepared the following analysis of the Citys Urban Growth Centre (UGC) with
respect to the Provincial Growth Plans minimum required gross density of 200
residents and jobs per hectare by the year 2031. It is noted that this analysis represents
a snap shot of a certain point in time; however, this is a dynamic process that will be
continuously updated as new data becomes available.
Based on the Halton Region Official Plan and the City of Burlington Draft New Official
Plan, the UGC boundary comprises 104.6 hectares of land. The minimum intensification
target for the UGC is 200 persons and jobs per hectare, which requires the UGC to
Page 24 of Report PB-62-17

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.

Persons per Unit (PPU) Employment


Low Density = 3.28 Commercial=1 employee/52sqm
Medium Density = 2.47 Office= 1 employee/33sqm
High Density = 1.48 Institutional= 1 employee/37sqm
Hotel=1 employee/hotel room

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

Project Residential Units Non-Residential Total People and


Component Jobs
Berkeley/Medica One 120 Commercial:2,329sqm 470
(high density) Office:8,147sqm
Bridgewater 150 Commercial:1,677 sqm 405
(high density) Hotel:151 rooms
Saxony 37 Commercial:254sqm 66
(high density) Office:190sqm
514 Pearl 1 3
(low density)
Joseph Brant Institutional:37,031sqm 1,000
Hospital Expansion
1,944 p&j
18.6 p&j/ha

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.

Project Proposed Residential Proposed Non- Proposed Status


Units Residential Total People
Component and Jobs
2085 Pine 15 22 Approved by
Council
(high density)
October,
2017 By-
law Pending
Molinaro-Brock 170 Commercial:186sq 256 No Decision
m
(high density)
421 Brant 179 Commercial: 323 No Decision
1,019.5sqm
(high density)
Office:870.8sqm
Adi-374 Martha 240 Commercial:423.2 363 Refused by
sqm Council
(high density)
Awaiting
OMB
decision
964 p&j
9.2 p&j/ha

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

It is acknowledged that not all of the development proposals will result in


development applications. Further, if the development proposals do result in
development applications, any such applications may not receive approval as
applied for and therefore the proposed residential and non-residential
components listed below are subject to change.
If the development proposals that the City has received became development
applications and were approved as applied for (noted that this is unlikely as
proposals would be subject to further review and change), this would result in an
additional 2,984 people and jobs in the UGC. This could potentially increase the
density of the UGC to 215.2 people and jobs per hectare or 107% of the
minimum density target.
Summary of Analysis
To achieve 20,920 people and jobs in the UGC, the City requires approximately
2,360 additional people and jobs by 2031. Therefore, the City only needs roughly
60% of the people and jobs proposed through development applications and
development pre-consultations to achieve the minimum density target in the
UGC. Further, additional development proposals and applications may come
forward in the next 14 years to further contribute to the Citys growth projections.
As such, it is staffs opinion that the City of Burlington is well positioned to
achieve a total of 200 residents and jobs per hectares by 2031. However, it
should be acknowledged that new construction is subject to volatility based upon
changes to market conditions; availability of suitable land for development;
uncertainty, time and costs associated with the assembly of properties suitable
for development; among other things. While the City is well positioned to achieve
its minimum intensification targets, the Growth Plan notes that the intensification
and density targets are minimum standards and municipalities are encouraged to
go beyond these minimum targets, where appropriate. As such, providing
permissions above and beyond the minimum density targets would allow the City
to meet its own growth objectives, as outlined in the Strategic Plan and Draft
New Official Plan.
Based on the development patterns that have taken place in the Urban Growth Centre
since the inception of the Provincial Growth Plan, staff is of the opinion that the City of
Burlington is well positioned to achieve a total of 200 residents and jobs per hectare by
2031. Notwithstanding, the required density targets are minimums and municipalities
are encouraged to exceed the minimum targets, where appropriate. The proposed
development would contribute towards the City achieving its minimum density growth
targets, and further, staff is of the opinion that appropriate development of this site
represents a strategic opportunity for the City to achieve the development of a
prominent site within the Citys downtown core.
Page 28 of Report PB-62-17

Burlington Official Plan


The City of Burlingtons Official Plan, 2008 (OP) identifies the subject properties on
three schedules:
Mixed Use Activity Area on Schedule A, Settlement Pattern;
Mixed Use Centre within the Downtown Urban Growth Centre Boundary on
Schedule B, Comprehensive Land Use Plan Urban Planning Area; and
Downtown Core Precinct on Schedule E, Downtown Mixed Use Centre.
Mixed Use Activity Area
Mixed Use Activity Areas are locations where:
employment, shopping and residential land uses will be integrated in a
compact urban form, at higher development intensities and will be
pedestrian-oriented and highly accessible by public transit.
Mixed Use Activity Areas address the demand for higher intensity employment,
shopping and residential areas within the City. These areas provide alternatives
to low density, suburban development and encourage the efficient use of
physical resources and municipal services.
The Mixed Use Activity Areas are intended to encourage comprehensively
planned mixed use areas that provide for the integration of uses such as retail
stores, offices, hotels, institutional and entertainment uses with residential uses,
community facilities, cultural facilities, institutions and open space in a compact,
urban form, while retaining compatibility with nearby land uses. Given that these
areas have a mixture of uses, they are intended to develop in a compact urban
form, be pedestrian-oriented and highly accessible by public transit.
It is the general intent of the OP that Mixed Use Activity Areas shall be subject to
a high quality of urban design. Staff have completed an assessment of the
proposed urban design relating to the Citys Downtown Urban Design Guidelines
and the Tall Building Design Guidelines which is discussed in further detail in the
sections below.
Mixed Use Centre
Within the Mixed Use Activity Areas, there are a series of Mixed Use Corridors
and Mixed Use Centres which are intended to accommodate a significant amount
of the Citys intensification within the built boundary.
The objectives of the Mixed Use Centre are:
a) to provide locations centred at the intersection of selected major arterial
roads, inter-municipal transit stations and the Downtown that will serve as
areas for mixed use developments consisting of medium and high density
Page 29 of Report PB-62-17

residential, retail, service commercial, office, industrial, entertainment,


community facilities and institutions and open space uses;
b) to encourage higher intensity, transit-supportive and pedestrian-oriented
development within Mixed Use Centres while retaining compatibility with
nearby land uses;
c) to permit mixed use developments on individual sites where residential,
retail, office and other uses are located, or on different sites where
residential, retail and office uses are located next to one another;
d) to create an open space system incorporating both public and private
lands which provides linkages to adjacent major open space areas and
ensures that the development in the Mixed Use Centres is well
landscaped and balanced with open space areas, such as squares and
parkettes, appropriate for an urban setting;
e) to ensure that the development, both on a comprehensive and a site-
specific basis, is designed to promote personal safety; and,
f) to promote a more diversified transportation system which serves private
vehicular and public transit traffic, as well as pedestrians and cyclists.
This development site is located adjacent to a prominent intersection within the
Citys downtown, abutting to 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 a direction provided
within this designation. Further, this development provides a public realm design
that provides linkages within the Downtown and provides an appropriate
relationship to the surrounding context as a prominent node within the
Downtown.
Within Mixed Use Centres, a wide range of uses are permitted including, but not
limited to retail; service commercial; office uses; employment; entertainment;
recreation; and medium and high density residential uses; and to a limited extent,
low density residential uses.
Mixed Use Centres permit a range of development intensities and a range of
building heights, but the OP does acknowledge that the zoning of individual sites
may not allow for the full range of permitted uses or the full extent of
development intensity at every location based on site specific factors that may
include, but are not limited to, traffic, land use compatibility, market impact,
natural hazards and features, and environmental factors such as soil
contamination.
Page 30 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

Downtown Mixed Use Centre Designation


The boundary for the Downtown Burlington Urban Growth Centre (UGC) is
shown on Schedule B: Comprehensive Land Use Plan Urban Planning Area
and on Schedule E: Downtown Mixed Use Centre. The OP sets out that the
UGC boundary includes various land use designations, and as such,
development within this boundary is subject to the specific policies of the
applicable land use designations. The principles of the Downtown Burlington
UGC include accommodating a significant share of population and employment
growth with the City.
According to the Downtown Mixed Use Centre policies, the Downtown shall be
re-developed through the infilling of existing surface parking lots; the
rehabilitation of existing buildings; and the intensification of under-utilized lands
and buildings, in keeping with its role as a Provincial Growth Centre. According to
the OP, new development shall be of high quality design to maintain and
enhance the Downtowns image as an enjoyable, safe, pedestrian-oriented place
and designed and built to complement pedestrian activity and historical
attributes.
The following are some of the objectives of the Downtown Mixed Use Centre with
specific relevance to the proposed development.
a) To establish the Downtown as a Mixed Use Centre composed of retail,
service, office, public and residential uses while providing a focus and
source of identity in the context of the City as a whole;

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

e) To create a compact Downtown city core with a mix of residential,


commercial and other uses, as an alternative to the car oriented shopping
plazas, malls and business corridors;
Comment: The proposed development would provide a compact built
form that incorporates a mix of residential, commercial and office use in a
Downtown setting.

g) To increase the resident population and provide a variety of housing types


mainly at medium and high densities that will strengthen the live/work
relationship, ensure the Downtown is used after business hours, and
create a local market for convenience and service goods;
Comment: The proposed development would assist the City in achieving
its required growth targets by providing a variety of housing types and jobs
within the Urban Growth Centre to strengthen the live/work relationship.

h) To provide commercial activity that serves the general needs of Downtown


residents as well as specialized functions for the entire community;
Comment: The proposed development includes 900 square metres of
ground floor retail / commercial space to serve the needs to the Downtown
residents and the entire community. The provision of this commercial /
retail space would contirbute to the overall vibrancy of the Downtown.

i) To ensure that buildings in the Downtown are offset by a range of open


space areas (that may include parkettes, urban plazas, and pedestrian
networks) that may allow for both passive and active recreational and
social activities;
Comment: The proposed development would provide a substantial 128
square metre (16m x 16m) visibility triangle at the corner of Brant Street
and James Street. The publicly accessible space would contribute to the
extension of Civic Square and the War Memorial (Cenotaph) on the east
side of Brant Street and establish view corridors from James Street to City
Hall, Civic Square and the War Memorial.

l) To establish the concept of design excellence in the Downtown to


encourage long-term investment;
Comment: The recommended modified approval would result in a
development that would achieve the Citys objective of establishing design
excellence for new developments. The proposed development would meet
Page 33 of Report PB-62-17

the general intent of the Downtown Urban Design Guidelines as well as


the Citys Tall Building Design Guidelines.

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.

n) To create a continuous, harmonious, safe and attractive environment


through streetscape, building faade improvements and the design of new
buildings;
Comment: The proposed development would reinforce and enhance the
existing streetscapes of Brant Street, James Street and John Street by
providing generous building setbacks, an appropriately designed building
base and an enhanced pedestrian experience in the immediate vicinity.

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.

r) To provide adequate and safe parking in the Downtown.


Comment: As outlined elsewhere in this report, the proposed development
would incorporate a sufficient amount of parking, including contributing to
the growing car share network being established in the City.
Staff is of the opinion that the level of intensification being recommended for this
site would meet the principles and objectives of the Downtown Mixed Use Centre
and the Downtown Core Precinct, which would therefore maintain the general
intent and purpose of this designation. The modifications proposed by staff would
Page 34 of Report PB-62-17

result in density, bulk, height and spacing of development that would be


considered compatible with the surrounding area.
The General Policies for the Downtown Mixed Use Centre state that
development shall be permitted in accordance with the land use designations of
the OP and that, within the Urban Growth Centre Boundary, the target is
established as a minimum gross density of 200 residents and jobs per hectare, in
accordance with the Provincial Growth Plan.
The proposed development represents the redevelopment of underutilized
properties and would contribute towards achieving the density targets for the
Urban Growth Centre. Staff is of the opinion that an appropriate level of
intensification on this site, as recommended through this modified approval,
would result in a development with an appropriate density, form, bulk, height and
spacing, which would result in compatibility with the surrounding area, which is
discussed in further detail below.
Compatibility
The Official Plan defines compatibility as development or redevelopment
that is capable of co-existing in harmony with, and that will not have an
undue physical (including form) or functional adverse impact of, existing or
proposed development in the area or pose an unacceptable risk to
environmental and / or human health. Compatibility should be evaluated
in accordance with measurable / objective standards where they exist,
based on criteria such as aesthetics, noise, vibration, dust, odours, traffic,
safety and sun-shadowing, and the potential for serious adverse health
impacts on humans or animals. This definition is part of deferral D53, so it
is not in force and effect at this time. However, this definition helps guide
the Citys view of compatibility and is similar to the definition of
compatibility that has been similarly endorsed by the Ontario Municipal
Board in a significant body of decisions.
Using the Citys definition of compatibility, staff is of the opinion that
compatibility of this site with surrounding land uses can be achieved
through the appropriate development of the subject site. An appropriate
level of intensification on this site will be able to negate any physical and /
or functional adverse impacts on existing development in the area, as
discussed below.
Pedestrian Scale
The proposed development has been designed to ensure that the
pedestrian experience along the street was protected by reinforcing a
human scale that is consistent with the existing low-rise character that
Page 35 of Report PB-62-17

currently exists in the immediate vicinity. The applicants have attempted to


replicate the existing streetwall that exists along Brant Street to ensure
that the proposed built form was compatible with the existing low-rise
character that exists along Brant Street. The proposed building podium is
scaled at 4 storeys to reinforce and enhance the existing street related
character of the retail street of Brant Street and reflect the existing zoning
permissions along Brant Street. The proposed development would also
include generous building setbacks which would result in expanded
sidewalks to provide an improved pedestrian experience abutting the site.
The proposed development has been designed to replicate the existing
built form rhythm that exists along Brant Street which ensures
compatibility with the surrounding built form. In addtion, the recommended
modified approval would include a 128 square metre (16m x 16m) visibility
triangle at the corner of Brant Street and James Street. This would result
in an extension of Civic Square on the east side of Brant Street and would
provide significant view corridors from James Street Civic Square, City
Hall and the War Memorial (Cenotaph). A public access easement would
be registered over this corner to ensure that the public function is
maintained. This has been included as a condition of approval. This would
greatly improve the pedestian experience in this area and contribute to an
important civic node in the Citys Downtown.
Noise Study
The applicants submitted a noise study which assessed the potential
impacts of the environment on the proposed development. The focus of
which was to assess the potential for transportation noise impacts from
nearby roadways, as there are no significant stationary industrial or
commercial sources of sound in the area. The report concludes that noise
control measures are not required; however, warning clauses are
recommended for all units as sound levels may change due to increasing
road traffic.
Capital Works staff have reviewed the Noise Study and finds that the
report appropriately addresses the noise impacts for the future residents
living in the proposed development. A more detailed noise assessment will
be required at the subsequent site plan review stage.
Pedestrian Wind Study
The Pedestrian Wind Study prepared by Novus Environmental completed
a screening level assessment using computational fluid dynamics.
According to the report, this tool is useful in identifying potential wind
issues and employs a comparable analysis methodology to that used in
Page 36 of Report PB-62-17

wind tunnel testing. This is an excellent means of readily identifying


relative changes in wind conditions associated with different site
configurations or with alternative built forms.
Wind comfort conditions for areas of interest were predicted on and
around the development site to identify potentially problematic windy
areas. Wind flows were predicted for both the existing site, as well as with
the proposed development for comparative purposes.
Pedestrian wind comfort criteria are established in terms of being
acceptable for certain pedestrian activities and range on a scale of five
different activities. For example, the most comfortable activity category is
sitting and the least comfortable is uncomfortable with the activities of
standing, leisurely walking and fast walking falling in between the two
ends of the spectrum. Generally speaking, the activities of leisurely
walking, fast walking and uncomfortable indicate that the wind speeds
are not ideal for activities like sitting and reading a book, enjoying a meal
on a patio or having a conversation while waiting at a bus stop.
The Pedestrian Wind Study identifies that the proposed development will
increase the wind conditions at various locations on and surrounding the
proposed development. The seasonal extremes of summer and winter
are discussed in the report. Of particular note are the increased wind
speeds that move into the categories of:
standing at the northeast corner of Brant Street and James Street;
north side of James Street; and west side of John Street (in the
summer);
leisurely walking at the northeast corner of Brant Street and James
Street; north side of James Street; and west side of John Street (in the
winter); and
leisurely walking and fast walking at the northeast corner of the
subject site (west side of John Street) behind the existing Centro
building.
The report concludes that the residential, office and retail entrances would
be suitable for sitting throughout the year, which is considered ideal. On
the sidewalks surrounding the proposed development, wind conditions are
generally comfortable for leisurely walking or better throughout the year,
which is considered suitable for sidewalks. The exception is at the north-
east corner of the subject site, where wind conditions would be conducive
to fast walking during the winter, due to strong easterly winds. It is
recommended that a wrap-around canopy be considered at that corner in
Page 37 of Report PB-62-17

order to disrupt wind flows. Mitigation techniques could be refined as part


of the subsequent site plan process.
At the City Hall Civic Square, wind conditions actually improved to be
comfortable throughout the year. This is due to the mass of the proposed
development, as it partially blocks the strong northeasterly winds. The
wind safety criterion is met for all areas at grade (along sidewalks) in both
the existing and proposed configurations.
Sun Shadowing Study
The applicants have submitted a Shadow Impact Assessment for the
proposed development to ensure compliance with the Citys Tall Building
Guidelines dealing with sun shadowing. According to the Tall Building
Guidelines, the height and massing of the podium (not including the tower)
should ensure a minimum of five consecutive hours of sunlight on the
opposite side of the street at the equinoxes (March 21 and September 21)
except where existing conditions preclude. The assessment of the shadow
study concludes that the opposite side of two of the three abutting streets
surrounding the development (i.e. west side of Brant Street and south side
of James Street) do not currently receive five consecutive hours of
sunlight at the equinoxes under current conditions. The east side of John
Street does currently receive over five hours of consecutive sunlight and
would continue to receive approximately five hours of consecutive sunlight
after the proposed development. As such, the study concludes that
incremental ground level shadowing resulting from the proposed
development over and above the subject sites existing height permissions
is limited and reasonable.
The Tall Building Guidelines also set out that the massing and height of
the podium shall ensure a minimum of five consecutive hours of sunlight
over more than 60% of a park or playground area or a public open space
at the equinoxes. Planning staff have assessed compliance with this
guideline using 3D modeling and have concluded that the public open
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 align with the maximum floorplate
envisioned by the Tall Building Design Guidelines. This would ensure that
Page 38 of Report PB-62-17

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

no on-site parking required for non-residential uses. The proposed development


has exceeded the Official Plans expectations by increasing the setbacks from
the property lines to the proposed building podium in an effort to improve the
public realm adjacent to the proposed building. The proposed development
meets these policies of the OP.
The OP sets out that applications for increased building heights for mid to high
rise buildings in the Downtown Core Precinct may be required to provide an
angular plane study, identifying visual, sun shadowing and wind impacts, and
demonstrating how such impacts can be mitigated to acceptable levels. As noted
in the sections above, the applicants have provided the appropriate studies which
have confirmed that the proposed development will mitigate compatibility issues
to an appropriate level.
The OP sets out that each precinct in the downtown has its own distinct
character and specific planning policies. The OP has identified the Wellington
Square Precinct as an area where higher building heights, up to 14 storeys,
could be accommodated. This area is a concentrated area within the Downtown
for tall, high density development and the OP sets out that it is intended to
prevent the unlimited spread of higher density developments throughout the
Downtown. As such, the Downtown Precinct plan envisions the tallest buildings
in the Downtown to be located in the Wellington Square Precinct.
Notwithstanding, staff is of the opinion that a tall building height peak is
warranted on this development site to highlight the prominence of this site as a
civic node and to also reflect the substantial public realm improvements and
design excellence that could be achieved, which is also aligns with the emerging
vision for the Downtown, as identified through the Downtown Mobility Hub
Preferred Concept.
Staff is of the opinion that an appropriate level of development on the subject
site, up to 23 storeys, would meet the objectives and policies of the Downtown
Core Precinct, would provide compatibility with surrounding land uses, and
represent good planning.
Housing Intensification
The Mixed Use Centre policies of the OP set out that proposals for residential
intensification shall be evaluated on the basis of the objectives and policies of the
Housing Intensification section of the OP. The Housing Intensification section of
the OP provides thirteen criteria which are to be assessed to ensure that
established neighbourhoods are protected from any potential negative impacts
associated with intensification proposals.
Page 41 of Report PB-62-17

The objective of the housing intensification policies is to encourage residential


intensification as a means of increasing the amount of available housing stock
including rooming, boarding and lodging houses, accessory dwelling units, infill,
re-development and conversions within existing neighbourhoods, provided the
additional housing is compatible with the scale, urban design and community
features of the neighbourhood.
The housing intensification policies are intended to encourage residential
intensification within existing neighbourhoods with the caveat that the additional
housing must be compatible with the scale, urban design and community
features of the neighbourhood.
Intensification Evaluation Criteria
The Housing Intensification policies of the Citys Official Plan contain
thirteen criteria to ensure that compatible intensification takes place.
Staff has reviewed each evaluation criterion carefully with respect to the
subject applications and provides this analysis below.
i) Adequate municipal services to accommodate the increased
demands are provided, including such services as water,
wastewater and storm sewers, school accommodation and
parkland;
The development application was circulated for comment to Halton
Region, the Citys Capital Works Department and the school boards and
no servicing constraints were raised. Halton Region advised that there is
adequate water or wastewater capacity available to support the
development of the subject lands at this time; however, servicing capacity
will be reassessed as this development progresses. Site Engineering
staff have outlined a number of conditions to be addressed at the site
plan stage including, but not limited to a Record of Site Condition, a
Stormwater Management Report, and detailed servicing and grading
plans. The school boards have advised that they have no objections to
the application. Lastly, Parks and Open Space staff have highlighted the
proximity of parkland in proximity to this site, including Lions Park,
Apeldoorn Park, Spencer Smith Park and the Centennial bike path. As
such, cash-in-lieu of parkland is recommended for this development. All
requested zoning conditions have been included in Appendix D to this
report.
As such, adequate municipal services exist to accommodate the
proposed development including the provisions of water, wastewater and
storm sewers, school accommodation and parkland. This criterion is met.
Page 42 of Report PB-62-17

ii) Off-street parking is adequate;


The applicants are proposing a parking ratio of 1.2 parking spaces per
residential unit to be provided below grade, two loading spaces at grade
internal to the building as well as eight visitor parking spaces. The
Downtown Core (DC) zone parking requirements are a minimum of 1.25
parking spaces per apartment dwelling unit. The DC zone does not
require designated parking spaces for the proposed retail / commercial
uses, office uses or for residential visitors. The applicants are proposing
to provide 8 visitor parking spaces, as well as one car share parking
space. The proposed visitor parking spaces would provide parking for
both the residential visitors and the office users.
As mentioned, the applicants are proposing to contribute to the Citys
emerging car-share network through the provision of a car-share parking
space. The Citys Transportation Services section has review and is
supportive of the parking totals recommended in the modified approval.

iii) The capacity of the municipal transportation system can


accommodate any increased traffic flows, and the orientation of
ingress and egress and potential increased traffic volumes to
multi-purpose, minor and major arterial roads and collector
streets rather than local residential streets;
The municipal transportation system can accommodate the increased
traffic flows and the orientation of ingress and egress as well as potential
increased traffic volumes to Brant Street, James Street and John Street.
The proposed development will increase the volume of traffic on adjacent
streets, but the increased traffic flow can be accommodated, particularly
considering the downtown environment, through the provision of bicycle
stalls, the multi-use trail (Elgin Street Promenade and Centennial
Pathway) and the proximity of the Downtown Burlington bus terminal.
The Citys Transportation Department has reviewed this application and
has indicated that the surrounding road network has adequate capacity to
handle additional traffic associated with this development. This criterion is
met.
iv) The proposal is in proximity to existing or future transit facilities;
The proposed development is located approximately 120 metres
northwest of the John Street Downtown Bus Terminal (less than a five
minute walk) which provides service to multiple Burlington Transit bus
routes. In addition, several bus stops are located within a short distance
Page 43 of Report PB-62-17

of the proposed development. The site is well serviced by existing transit


routes. This criterion is met.
v) Compatibility is achieved with the existing neighbourhood
character in terms of scale, massing, height, siting, setbacks,
coverage, parking and amenity area so that a transition between
existing and proposed buildings is provided;
Staff is of the opinion that compatibility can be achieved with the existing
neighbourhood character in terms of scale, massing, height, siting,
setbacks, coverage, parking and amenity area and that an appropriate
transition between existing uses and new development can be provided.
This is explored in further detail below.

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

floorplate to maximize sky views and access to sunlight. This would


also reduce the perception of the building scale.
Massing
The Citys Official Plan defines massing as the overall bulk, size,
physical volume, or magnitude of a structure or project. A properly
designed tall building would include three distinct components being
the building base (podium), building tower (middle) and building top,
each of which can contribute to or mitigate building massing.
With respect to the podium design, massing can be reduced by
ensuring the height is reflective of the adjacent road width; including
appropriate setbacks; providing a generous first floor height and
ensuring that a podium does not hinder the amount of sunlight that the
adjacent streets receive.
The tower of a tall building is the most substantial and impactful
component. The massing of a tower should recognize and reflect this
important role and should be carefully considered to minimize adverse
impacts. The height of the tower and its location on the building base
shall provide a gradual and appropriate transition in height to help
mitigate potential impact on the surrounding context. Limiting the
tower floorplate ensures the tower would be slender and would
maximize sky views and sunlight.
While the modified tower would have a significant mass, due to the
building height, the building base and tower would be appropriately
designed to reduce the impacts associated with the proposed height.
This differs from many of the existing towers within the Citys
Downtown, which contain large slab floorplates. Historically, these
slab towers with larger floorplates were constructed at lower heights;
however, the built form resulted in significant adverse impacts (wind,
shadowing, scale, etc.) on adjacent streets, neighbourhoods, parks
and open spaces. Staff is of the opinion that the increased massing
on this site, up to 23 storeys in height, is acceptable due to the high
level of design that is being proposed, which mitigates the majority of
the impacts associated with the massing.
Height
The modified height being recommended by staff would be slightly
larger than that of other tall buildings in the immediate vicinity, and
slightly taller than the emerging vision for the Downtown, as provided
for by the ongoing Mobility Hub Area Specific Planning process.
Page 45 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

northern property line to ensure that the sufficient separation and


transition was provided with the adjacent property. This preserves
sky views and sunlight and also ensures that the development rights
of the adjacent property have been protected.
Based on the compatible scale, massing, height, siting, setbacks,
coverage, parking, amenity area and transition between existing and
proposed buildings, this criterion is met.
vi) Effects on existing vegetation are minimized, and appropriate
compensation is provided for significant loss of vegetation, if
necessary to assist in maintaining neighbourhood character;
There are two City trees along Brant Street and one City tree along John
Street that would be impacted by the proposed development, and as
such, are proposed to be removed. A detailed landscape plan would be
required at the subsequent site plan stage.
Pursuant to Tree By-law 68-2013, Council approval is required to remove
trees located on City property. Staff have reviewed the plans submitted
with the rezoning application, conducted site visits and discussed site
plan options with the applicant. To permit redevelopment to occur, staff is
supportive of the applicants request to remove three City trees subject to
compensation being provided by replanting trees within the Citys
boulevard and / or providing cash-in-lieu, where the opportunity for
replanting is not available. The total value of compensation shall be
$3,750, as indicated in the Recommendations Section of this report.
The impacts on existing vegetation on the site will be minimal since the
site contains buildings and surface parking areas at the rear. This
criterion is met.
vii) Significant sun-shadowing for extended periods on adjacent
properties, particularly outdoor amenity areas, is at an
acceptable level;
As set out above, the applicants have submitted a Shadow Impact
Assessment for the proposed development to ensure compliance with the
Citys Tall Building Guidelines dealing with sun shadowing. The study
concludes that incremental ground level shadowing resulting from the
proposed development over and above the subject sites existing height
permissions is limited and reasonable. Sun-shadowing on adjacent
properties is limited because the floor plate of the tower results in a very
narrow and long shadow that moves quickly. In addition, the proposed
development would result in an acceptable level of sunlight being
Page 49 of Report PB-62-17

provided to the nearby public spaces. The proposed development would


comply with the Citys shadow expectations, and as such, this criterion is
met.
viii) Accessibility exists to community services and other
neighbourhood conveniences such as community centres,
neighbourhood shopping centres and health care;
Located within the Citys downtown, the subject site provides access to a
wide variety of employment, shopping, leisure and tourism opportunities.
There are specialty retail, community retail, services and other businesses
located in walking distance to this site. There are a range of facilities such
as City parks; elementary schools and a secondary school; commercial
areas; and a hospital all within a 1.5 km radius of the site. This criterion is
met.

ix) Capability exists to provide adequate buffering and other


measures to minimize any identified impacts;
The applicants have designed their development to ensure that adequate
buffering was provided to minimize identified impacts to adjacent
properties and the streetscape. The development proposes generous
setbacks from the property lines which provides the ability to incorporate
architectural interest; improved pedestrian amenity space, wider sidewalks
and an improved public realm. As identified, the proposed development
has taken steps to ensure that any impacts relating to sun-shadowing and
wind impacts have also been mitigated to the extent possible. This
criterion is met.
x) Where intensification potential exists on more than one adjacent
property, any re-development proposals on an individual
property shall demonstrate that future re-development on
adjacent properties will not be compromised, and this may
require the submission of a tertiary plan, where appropriate;
There is the potential for redevelopment around the subject site as there
are a number of underutilized properties in the immediate vicinity. As
such, any development on the subject site needs to be cognizant of the
development potential that exists on surrounding properties and not
compromise the redevelopment potential of these properties. Similar to
the subject site, properties in the immediate vicinity are comprised of a
low-rise built form with buildings that are generally 1 2 storeys, which
have the potential to be redeveloped at some point in the future.
Page 50 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

vehicular access to, major arterial, minor arterial or multi-


purpose arterial roads and only provided that the built form,
scale and profile of development is well integrated with the
existing neighbourhood so that a transition between existing and
proposed residential buildings is provided.
This criterion is not applicable in the Downtown Core Precinct.
Staff is of the opinion that the development is compatible with the scale, urban design
and community features of the neighbourhood and meets the objectives of the housing
intensification policies.
The recommended modified approval of the applications would permit intensification in
a high-rise building form within the Citys Downtown Core, where access to transit and
community services is available. An appropriate level of development would support the
Citys objectives to achieve a broad range of housing forms and tenure, while ensuring
the development is compatible with surrounding properties.

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

City of Burlington Downtown Urban Design Guidelines (2006)


The Downtown Urban Design Guidelines (hereafter referred to as the
Guidelines) are intended to supplement the Official Plan and Zoning By-law by
providing property owners, developers and City staff with additional detail on
what constitutes desirable built form in the Downtown. The Urban Design
Guidelines are a component of the Citys planning framework and provide an
additional tool for municipal planners in which to assess development
applications and inform the Citys expectations for built form in a specific area.
The Guidelines provide a set of recommendations to ensure that new
development protects the most crucial aspects of Downtown Burlingtons
existing character, which includes, among other things:
the relationship of buildings to streets and open spaces;
the articulation of facades;
the relationship of buildings to one another;
the protection of important views;
the fine-grained pedestrian network with its shortcuts and urban paths; and
the palette of materials.
In this document, the subject property is identified as being located within the
Downtown Core Precinct area, which is consistent with the existing Official Plan
designation.
The Guidelines address a number of topics including:
public realm;
loading and service areas;
setbacks;
street wall;
entrances;
design of the first floor;
heights; massing;
separation between tall elements;
high rise design and architectural quality; and
high rise building massing, articulation and detailing.
Specific Guidelines Relevant to the Proposed Development
The following guidelines are relevant to the proposed development.
Page 53 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.

City of Burlington Tall Building Guidelines (2017)


In 2017, Council approved Tall Building Guidelines (TBG) as a way to guide the
development of new buildings over 11 storeys. The TBGs are intended to
ensure new tall buildings promote design excellence, support vibrant streets and
provide a positive addition to the Citys skyline. The TBGs provide guidance for
developers and architects designing tall buildings in the City of Burlington, and
will be used by City staff as one tool in evaluating development applications.
The objective of the guidelines is to provide best practices related to building
height, massing, transitions, sun / shadowing, and building articulation to
promote and encourage high-quality tall building proposals.
Page 55 of Report PB-62-17

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

iv. Where no established streetwall exists, the minimum height of the


podium shall be 10.5 metres (3 storeys) to frame the streetscape and
reinforce a human scale.
Comment: The proposed building base would have a height of
approximately 15.6 metres (4 storeys), which complies with the
minimum podium height.
v. The maximum height of the podium shall be 80% of the adjacent
right-of-way width. A maximum height of 20 metres is recommended
to maintain a human scale.
Comment: The adjacent streets have a width of approximately 20
metres, and therefore the maximum podium height (80% of road
width) would be 16 metres. The proposed podium height would be
approximately 15.6 metres, which is less than the maximum and
would maintain the existing human / pedestrian scale that currently
exists along the adjacent streets.
vi. The floor-to-ceiling height of the ground floor should be a minimum of
4.5 metres to accommodate internal servicing and loading, and active
commercial uses.
Comment: The proposed floor-to-ceiling height of the ground floor
would exceed 4.5 metres, which would maintain the flexibility of this
space and reinforce the human scale of the podium.
vii. The height and massing of the podium (not including the tower)
should ensure a minimum of five consecutive hours of sunlight on the
opposite side of the street and over more than 60% of a park or
public open space at the equinoxes (March 21 and September 21).
Comment: The assessment of the shadow study concludes that the
opposite side of two of the three abutting streets surrounding the
development (i.e. west side of Brant Street and south side of James
Street) do not currently receive five consecutive hours of sunlight at
the equinoxes under current conditions. The east side of John Street
does currently receive over five hours of consecutive sunlight and
would continue to receive approximately five hours of consecutive
sunlight after the proposed development.
viii. On corner lots, articulation of the podium shall acknowledge its
important location through corner entrances, chamfering (and
associated public space), and/or other architectural features.
Page 57 of Report PB-62-17

Comment: Developments adjacent to the Brant Street / James Street


intersection need to recognize and enhance the prominent role that
this intersection has. The podium design has accomplished this by
including a significant extension to the public realm at the corner of
the proposed development (128 square metres). This development
has incorporated a significant extension of the civic function in this
area and has provided enhanced view corridors towards City Hall
and the adjacent open spaces (i.e. Civic Square and the Cenotaph).
ix. Publicly-accessible privately owned open space, including
courtyards, plazas, and parkettes should be encouraged where
appropriate within tall building sites through applicable planning tools
(i.e. Section 37 of the Planning Act). Publicly-accessible privately
owned open spaces shall be designed and located to encourage
public use, provide connections to the broader open space network,
and / or highlight important site characteristics (i.e. plazas at corner
sites).
Comment: Developments adjacent to the Brant Street / James Street
intersection need to recognize and enhance the prominent role that
this intersection has. The podium design included as part of the
recommended modified approval would accomplish this by including
a significant extension to the public realm at the corner Brant Street
and James Street. This significant publicly accessible area would
serve as a significant extension of the civic function in this area and
would provide enhanced view corridors towards City Hall and the
adjacent open spaces (i.e. Civic Square and the Cenotaph).
Building Middle (Tower)
The tower is the most substantial and impactful component of a tall
building. It can enhance the skyline and provide a defining landmark
throughout the City. The design and massing should recognize and
reflect this important role, and should be carefully considered to
minimize adverse impacts on adjacent neighbourhoods, parks and open
spaces. The tower should maximize sky views and access to sunlight
through slender floorplates and spacious setbacks.
i. Proposed towers should be set back 12.5 metres from adjacent
property lines to protect for a future 25 metre separation distance
(split between each property).
Page 58 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

surrounding the proposed development, wind conditions are


generally comfortable for leisurely walking or better throughout the
year, which is considered suitable for sidewalks. The exception is at
the north-east corner of the subject site, where wind conditions would
be conducive to fast walking during the winter, due to strong easterly
winds. It is recommended that a wrap-around canopy be considered
at that corner in order to disrupt wind flows. Mitigation techniques
could be refined as part of the subsequent site plan process.
Building Top
The top of a building defines the tower while further distinguishing a
unique and interesting skyline. A variety of elements, including
stepbacks, material variations, lighting, and other architectural elements
are recommended to reinforce a strong presence at the top of the
building. Where possible, rooftop amenity space is recommended to
reinforce a strong presence at the top of a building. Structural elements,
such as the mechanical penthouse and elevator shafts should not be
visible from ground level.
i. Design the upper floors of tall buildings to clearly distinguish the top
of the building from the tower, to further reduce the building profile,
and to achieve a distinct skyline. This may include stepbacks,
material variation, and / or unique articulation.
Comment: The modified development being recommended by staff
would clearly distinguish the top of the building from the tower by
including a 1 metre stepback above the 18th storey along all three
street frontages and also include material variation from the rest of
the buidling. These design elements would ensure compliance with
this guideline and the design of the upper floors could be further
refined as part of the subsequent site plan review process.
ii. Where located at a gateway intersection or terminating view, the
tower top is encouraged to act as a recognizable landmark with
signature features defining its importance.
Comment: As outlined elsewhere in this report, staff is of the
opinion that this site acts as a signficant civic node, and therefore
the tower top is to act as a recognizable landmark with signature
features defining its importance. The stepbacks of the upper floors,
combined with the material variation and other design
considerations would achieve this and additional design
Page 60 of Report PB-62-17

considerations would be reviewed as part of the subsequent site


plan review process.
iii. Where possible, outdoor amenity space should be included within
the top of the building, including balconies and patios, terraces,
rooftop gardens, pools, etc.
Comment: The building is proposed to have a roof top amenity
area that would provide both indoor and outdoor amenity space.

Zoning By-law 2020


The subject lands are zoned Downtown Core (DC), with a site specific provision (DC-
434) applying to 421, 425 and 427 Brant Street, as shown in Appendix A. The DC zone
permits a range of retail, commercial, service commercial, office, community, hospitality,
entertainment / recreation and residential uses. The DC zone permits residential
dwelling units in a commercial / office building and also permits an apartment building
so long as the ground floor of any building within 15 metres of a public street is only
used for retail or service commercial uses.
The DC zone sets out a maximum height of 4 storeys (15 metres) and a maximum floor
area ratio of 4.0:1. The site specific provision applying to 421, 425 and 427 Brant Street
(i.e. DC-434), sets out a maximum building height of 7 storeys (22 metres) and a
maximum floor area ratio of 4.5:1.
The regulations for the DC zone are listed below. For comparison, Table 1 lists the DC
zone requirements and the recommended modified zoning for the 23-storey mixed use
building.

Zone Regulation DC & DC-434 Zone Modified Proposal Relief


Requirements Recommended by Required
Staff
Minimum Lot Width 7.5m 40.2m No
Minimum Lot Area No minimum 0.2 ha No
Yard Abutting a Floors 1 to 4: Brant Street
Street Floors 1-4: 2.9m
Minimum: Floors 5-18: 9.2m
2m from Brant Street Floors 19-22: 10.2m No
1.5m from James Street Floor 23 (Mechanical
1m from John Street Penthouse): 19m

James Street
Page 61 of Report PB-62-17

Maximum for 1st floor: Floors 1-4: 2.6m YES


3m from Brant Street Floors 5-18: 5.6m (Max
2.5m from James Street Floors 19-22: 6.6m setback
2m from John Street Floor 23 (Mechanical on James
Penthouse): 15.2m Street)

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

Building Height DC Zone (429 431 Brant): 23 storeys (81m) YES


Minimum: 2 storeys
Maximum: 4 storeys 1st Storey: 5m
and 15m 2nd Storey: 3.95m YES
1 & 2nd Storeys:
st

minimum 4.5m each


DC-434 (421 427 Brant):
Maximum: 7 storeys and
22m
Floor Area Ratio DC Zone (429 431 Brant): 9.45:1 YES
(FAR) Maximum: 4.0:1
DC-434 (421 427 Brant):
Maximum: 4.5:1
Parking Minimum: 1.25 parking 1.2 parking spaces No
spaces per unit per unit + 8
dedicated visitor
parking spaces
Bicycle Parking Minimum Retail, Service 69 No
Commercial, Office,
Institutional: 2 spaces plus 1
space / 1000m2 GFA
Amenity Area Minimum 20m2 per unit 20m2 per unit No
Built Form The 1st floor elevation of any John Street = 25% YES
building facing a street shall
Page 62 of Report PB-62-17

have a minimum of 60%


glazing
Below Grade An enclosed parking 0.5m YES
Parking Structure structure below grade shall
Setbacks be setback 3m from a street
line
Parking Ramp Entrance and exit ramps to 1.84m YES
Setbacks below-grade parking
structures shall be setback
7.5m from a street line.

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 Engagement Matters:


The applications were subject to the standard notification requirements to owners and
tenants within 120 metres of the site following submittal of complete applications and
prior to the statutory public meeting. Public notice signs were also posted on the subject
site. A further notice was distributed in October 2017 advising individuals of the date
Committee will consider this recommendation report. All revised plans and reports
submitted by the applicant, as well as planning staff notices and reports were posted on
the project webpage (www.burlington.ca/421Brant) as they became available.
The City conducted a neighbourhood meeting on March 28, 2017 that was attended by
approximately 100 residents. Following Report PB-38-17, Planning staff received an
additional ten emails and two letters, which are contained in Appendix F.
A summary of the issues raised by the community and staffs consideration of these
comments is provided below.
Comments included the following:
Traffic & safety;
o Increase in traffic volumes;
o Concerns about turning movements, especially onto James Street and Caroline
Street;
o Inadequate provision of drop-off, delivery, service vehicle space;
o Downtown congestion during highway closures;
Inadequate parking spaces to accommodate residents and visitors;
o Car share and transportation demand management should be incorporated;
Concern with building height;
o Building height is not compatible with adjacent buildings and land uses;
o Building height should conform to Citys Official Plan and Zoning By-law;
o Building height would dwarf City Hall and Civic Square;
o Represents significant deviation from Citys Official Plan and Zoning By-law;
Concern with number of units / density;
o Poor location for additional density;
o Proposed development constitutes over-intensification;
Support for proposed development;
o Opportunity to improve Brant Street, James Street and John Street;
o Questions / comments about unit prices and sales period;
o Adds excitement to the downtown and could attract a younger demographic;
Concern about length of construction period and noise implications;
Built Form & Urban Design;
o Mid-rise building would be more appropriate than high-rise building;
o Mixed use developments dont work downtown (i.e. Upper Canada Place and
Burlington Square Plaza);
o Development potential of properties at north end of block bound by Brant Street,
James Street, John Street and Pine Street;
Page 64 of Report PB-62-17

Concern that this application will be precedent setting;


Sustainability should be integral part of development;
Negative impact to downtown charm and aesthetics.

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

Comment Staffs Response


Traffic and safety 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. 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.
Inadequate parking The modified approval recommended by staff includes a
spaces minimum parking ratio of 1.2 parking spaces per residential
unit to be provided below grade, two loading spaces at grade
internal to the building and 8 dedicated visitor parking spaces.
The Downtown Core (DC) zone parking requirements are a
minimum of 1.25 parking spaces per apartment dwelling unit.
The DC zone does not require designated parking spaces for
the proposed retail / commercial uses, office uses or for
residential visitors. Notwithstanding, the applicants are
proposing to provide 8 visitor parking spaces, in addition to
one car share parking space. The proposed visitor parking
spaces would provide parking for both the residential visitors
and the office users.
Concerns with As noted in this report, the current Official Plan policies for this
building height site would permit a 12 storey building where it provides a
sense of compatibility with surrounding land uses and a sense
of pedestrian scale by the use of terracing above the second
floor. As such, modified approval recommended by staff would
permit an additional 11 storeys (including a one floor
mechanical penthouse) beyond the current Official Plan
permissions, but in a much more desirable built form.
In terms of context, 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
Page 66 of Report PB-62-17

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, a 23 storey building is able to achieve compatibility
with adjacent land uses and the design of the building would
provide a sense of pedestrian scale, improve the public realm
and enhance the civic function in this area. 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 to reflect this prominent location and
to contribute to an extension of Civic Square on the east side
of Brant Street.
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 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
Page 67 of Report PB-62-17

outlined by the on-going Mobility Hubs study.

Concerns with Efficient development patterns optimize the use of land,


number of units / resources and public investment in infrastructure and public
density service facilities. These land use patterns promote a mix of
housing including affordable housing, employment, recreation,
parks and open spaces, and transportation choices that
increase the use of active transportation and transit before
other modes of travel.
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. In
addition, 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. The subject property is located
approximately 120 metres northwest of the John Street
Downtown Bus Terminal and development on this site would
support transit use in this area.
The subject applications generally conform to the principles of
the Growth Plan by proposing intensification in an Urban
Growth Centre, which is intended to accommodate
intensification. Staff is of the opinion that an appropriate level
of intensification on the subject site 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. Further, it is noted that 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.
Support for proposed It is staffs opinion that the modified high-density development
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
Page 68 of Report PB-62-17

lands within the Citys downtown. It is staffs opinion that the


modified approval would satisfy 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.

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

reviewed and accepted by City staff.


The Wind Assessment report concludes that the proposed
residential, office and retail entrances would be suitable for
sitting throughout the year, which is considered ideal. On the
sidewalks surrounding the proposed development, wind
conditions would be generally comfortable for leisurely walking
or better throughout the year, which is considered suitable for
sidewalks. The only notable area is at the north-east corner of
the subject site, where wind conditions would be conducive to
fast walking during the winter, due to strong easterly winds. It
is recommended that a wrap-around canopy be considered at
that corner in order to disrupt wind flows. Mitigation techniques
could be refined as part of the subsequent site plan process.
At the City Hall Civic Square, wind conditions actually
improved to be comfortable throughout the year. This is due
to the mass of the proposed development, as it partially blocks
the strong northeasterly winds. The wind safety criterion is met
for all areas at grade (along sidewalks) in both the existing and
proposed configurations.
The applicants also submitted a Shadow Impact Assessment
for the proposed development to ensure compliance with the
Citys Tall Building Guidelines dealing with respect to sun
shadowing. According to the Tall Building Guidelines, the
height and massing of the podium (not including the tower)
should ensure a minimum of five consecutive hours of sunlight
on the opposite side of the street at the equinoxes (March 21
and September 21) except where existing conditions preclude.
The assessment of the shadow study concludes that the
opposite side of two of the three abutting streets surrounding
the development (i.e. west side of Brant Street and south side
of James Street) do not currently receive five consecutive
hours of sunlight at the equinoxes under current conditions.
The east side of John Street does currently receive over five
hours of consecutive sunlight and would continue to receive
approximately five hours of consecutive sunlight after the
proposed development. As such, the study concludes that
incremental ground level shadowing resulting from the
proposed development over and above the subject sites
existing height permissions is limited and reasonable.
The Tall Building Guidelines also set out that the massing and
height of the podium shall ensure a minimum of five
consecutive hours of sunlight over more than 60% of a park or
playground area or a public open space at the equinoxes.
Planning staff have assessed compliance with this guideline
using 3D modeling and have concluded that the public open
Page 70 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,

Kyle Plas, MCIP, RPP


Senior Planner Development Review
905-335-7600 ext. 7555
Appendices:
A. Sketches
B. Official Plan Amendment
C. Draft Zoning Regulations
D. Proposed Development Conditions
E. Sustainable Development Committee Comments
F. Public Comments

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.

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