Official Plan and Zoning By-law amendments for 1029-1033 Waterdown Road

• The purpose of this report is to provide the recommendation to refuse these development applications, and to provide the planning rationale for the recommendation.

Executive Summary

• The subject lands are located on the east side of Waterdown Road, north of Plains Road East and municipally known as 1029-1033 Waterdown Road (see Appendix A). Applications have been made to amend the Official Plan Designation of the subject lands from ‘Mixed-Use Corridor – Employment’ (Official Plan (1997)) and ‘Urban Corridor – Employment’ (Official Plan (2020)) to ‘Mixed-Use Corridor – General Special Exemption’.
• The applications further propose to amend the Zoning By law to change the zoning from ‘Mixed Use Corridor Employment Oriented (MXE) Zone’ to ‘Mixed-Use Corridor – General Exception (MXG-XX) Zone’ with a site specific exception to permit the development of a 29 storey mixed-use building with 295 residential units above a four-storey podium containing private amenity areas, above ground parking within the podium, and 189.0 m2 of retail space.
• The proposed floor area ratio (FAR) is 8.2:1. Planning staff have reviewed the applications in the context of the applicable policy framework. With respect to policies related to intensification the development is generally consistent with the Provincial Policy Statement and generally conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe; however, considering both documents more broadly, they are not consistent or in conformity with policies related to planned growth and complete communities.
• These applications generally comply with the Region of Halton’s policies for development in the Urban Area and Intensification Areas; however, they do not comply with policies related to the structure of the urban area or priorities related to housing, environment and sustainability and economic development and transportation.
• These applications are premature in that the subject lands are designated within the Official Plan (1997) as Mixed-Use Corridor-Employment.
• Through the City of Burlington new Official Plan (OP 2020) Council recommended employment conversion of the subject lands, however also determined that the ultimate land use should be established through a comprehensive planning process. The ongoing Major Transportation Station Area (MTSA) – Area Specific Plan (ASP) work will address, among other matter, appropriate uses and features of a complete community. The ongoing work of the Aldershot MTSA-ASP has resulted in recommended preferred precinct plans which have been endorsed in principle by Council. In accordance with that endorsement in principal, these applications propose an over intensification of the subject lands.
• Further, the applications do not satisfy the City of Burlington’s policies regarding compatibility, complete communities and vibrant, complete streets of the in-force and effect OP, or of OP 2020. Further, these applications are premature in that the applicant is an appellant to sections of OP 2020 which directly relate to the subject lands. Technical and public comments received for this application have been considered in the evaluation of the proposed development. As such, Planning staff are recommending refusal of the applications for Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA) for the subject lands.

• In February 2020, City Council approved the City of Burlington Climate Action Plan to support the City’s path towards a low-carbon future, focusing on mitigating greenhouse gases and reducing energy consumption.
• The Plan identifies seven implementation programs, including,
  • programs to enhance energy performance for new and existing buildings;
  • increase transit and active transportation mode shares;
  • electrify City, personal and commercial vehicles and other currently gas-powered equipment; and,
  • support waste reduction and diversion.
• The proposed development does not comply with Sustainable Development Guidelines established by the City, which support the Region’s objectives.
• While it does provide transit supportive intensification, it also proposes a streetscape that will negatively impact transit and active transportation infrastructure, and does not achieve the minimum requirements for long term and short term bicycle parking.
• The majority of existing trees on site and all existing trees in the public right of way are proposed to be removed, to be replaced by two trees in the public right of way, and insufficient information has been provided to conclude that trees proposed to be saved will be sufficiently protected to survive.