CITY OF BURLINGTON...1 CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO. 10-11 TUESDAY, MAY 24, 2011...

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1 CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO. 10-11 TUESDAY, MAY 24, 2011 IN COUNCIL CHAMBERS LEVEL 2, CITY HALL AT 7:00 P.M. AGENDA CALL TO ORDER: NATIONAL ANTHEM: REGRETS: PROCLAMATIONS: Jumpstart Day May 28, 2011 National Access Awareness Week May 29 June 4, 2011 Spina Bifida and Hydrocephalus Awareness Month June 2011 Seniors Month June 2011 Recreation and Parks Month June 2011 Halton Pride Day June 4, 2011 National Tourism Week June 6 June 12, 2011 CONFIRMATION OF MINUTES: Confirm the minutes of the following meetings of Council: Regular meeting of Council No. 9-11 held Tuesday, May 3, 2011. DECLARATIONS OF INTEREST: DELEGATIONS: Any person, group of persons or organization wishing to appear before City Council must register by noon on the day of the Council meeting either in writing, by fax 905-335-7881, by e- mail [email protected] or by telephone 905-335-7698 with the Clerks Department. Delegations will only be permitted to register when there is a specific recommendation, motion and/or by-law listed on the Council Agenda. Each delegation is allowed a maximum of five minutes to present their support or opposition to the item. Delegations are encouraged to provide a written brief of their delegation for the official public record. None known at time of printing.

Transcript of CITY OF BURLINGTON...1 CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO. 10-11 TUESDAY, MAY 24, 2011...

Page 1: CITY OF BURLINGTON...1 CITY OF BURLINGTON REGULAR MEETING OF COUNCIL NO. 10-11 TUESDAY, MAY 24, 2011 IN COUNCIL CHAMBERS LEVEL 2, CITY HALL AT 7:00 P.M. AGENDA CALL TO ORDER: NATIONAL

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CITY OF BURLINGTON

REGULAR MEETING OF COUNCIL NO. 10-11 TUESDAY, MAY 24, 2011

IN COUNCIL CHAMBERS

LEVEL 2, CITY HALL AT 7:00 P.M.

AGENDA

CALL TO ORDER:

NATIONAL ANTHEM:

REGRETS:

PROCLAMATIONS:

Jumpstart Day May 28, 2011

National Access Awareness Week May 29 – June 4, 2011

Spina Bifida and Hydrocephalus Awareness Month June 2011

Seniors Month June 2011

Recreation and Parks Month June 2011

Halton Pride Day June 4, 2011

National Tourism Week June 6 – June 12, 2011

CONFIRMATION OF MINUTES:

Confirm the minutes of the following meetings of Council:

Regular meeting of Council No. 9-11 held Tuesday, May 3, 2011.

DECLARATIONS OF INTEREST:

DELEGATIONS:

Any person, group of persons or organization wishing to appear before City Council must

register by noon on the day of the Council meeting either in writing, by fax 905-335-7881, by e-

mail [email protected] or by telephone 905-335-7698 with the Clerks Department.

Delegations will only be permitted to register when there is a specific recommendation, motion

and/or by-law listed on the Council Agenda. Each delegation is allowed a maximum of five

minutes to present their support or opposition to the item. Delegations are encouraged to provide

a written brief of their delegation for the official public record.

None known at time of printing.

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REPORTS OF THE STANDING COMMITTEES

This Council Meeting is the final stage of decision-making after a thorough review process.

Members of Council have heard delegations, read and considered reports, and discussed a variety

of recommendations presented to four meetings of the standing committees. Tonight, we will be

making Council decisions about the recommendations from the committees.

I will read aloud the heading of each item that delegations have spoken to us about. If a member

of Council wants to ask any questions or share more information about the item, they will do so.

I will also note that there are many items council has received that are recommended to be

received and filed. After all of the items have been noted, I will then ask Council to vote on one

motion to approve the recommendations arising from the standing committees. The meetings

we‟ll be dealing with at tonight‟s council meeting include:

Special Committee of the Whole Report No. 8-11

Meeting of May 6, 2011.

See pages 3-4

Community Development Committee Report No. 7-11

Meeting of May 9, 2011.

See pages 5-13

Budget & Corporate Services Committee Report No. 10-11

Meeting of May 10, 2011.

See pages 14-16

Community Services Committee Report No. 7-11

Meeting of May 11, 2011.

See pages 17-20

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SPECIAL COMMITTEE OF THE

WHOLE MEETING

REPORT NO. 8-11 RECOMMENDATIONS

TO COUNCIL MEETING

MAY 24, 2011

DATE OF MEETING: Friday, May 6, 2011

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 9:00 a.m.

(Public), 11:51 a.m. (Recess), 12:57 p.m. (Public)

MEMBERS PRESENT: Councillors Rick Craven (Chair), Jack Dennison,

Marianne Meed Ward, John Taylor, Blair

Lancaster, Paul Sharman and Mayor Rick

Goldring

STAFF PRESENT:

Roman Martiuk, Kim Phillips, Allan Magi, Joan

Ford, Roy Male, Angela Morgan, Nancy Shea

Nicol, Chris Glenn, Bruce Krushelnicki, Helen

Walihura, Frank McKeown, Alan Gummo, Mike

Greenlee, Sheila Jones, Bianca Bielski, Jason

Schmidt-Shoukri, Blake Hurley, Amanda

Gubbels, Annemarie Forstner, Alex Panicker,

Donna Kell, Michelle Dwyer, Lee Oliver, Fleur

Storace-Hogan, Donna Woods, Amir Aazam, and

Andrea Holland (Clerk)

OTHERS PRESENT: Leo Hussey, Vice-President, Foundation Research

Group

DECLARATIONS OF INTEREST: None

RECOMMENDATIONS:

ITEMS FOR CONSIDERATION: None

STAFF DIRECTIONS: None

FIVE ITEMS FOR RECEIPT:

Receive and file the following five items, having been given due consideration by Committee of

the Whole:

Presentation from Bruce Krushelnicki, Director of Planning & Building, on the planning

process in Burlington and regulatory framework in Ontario. (CW-14-11, May 6, 2011)

Presentation from Nancy Shea Nicol, City Solicitor and Blake Hurley, Assistant City

Solicitor on “Nuts and Bolts of Planning Law”. (CW15-11, May 6, 2011)

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Presentation from Joan Ford, Executive Director of Finance on development fees and

charges. (CW-16-11, May 6, 2011)

Note: Committee did not have sufficient time to hear this presentation.

Presentation from Helen Walihura, Communications Advisor and Leo Hussey, Vice-

President, Foundation Research Group on the results of the Community Survey. (CW-17-

11, May 6, 2011)

Presentation from Allan Magi, Executive Director of Corporate Strategic Initiatives, and

Amanda Gubbels, Corporate Project Assistant, on the results of the first phase of public

involvement in the strategic plan. (CW-18-11, May 6, 2011)

STAFF REMARKS:

Roman Martiuk, City Manager, gave Council notice that there will be two addendum

items for Community Services Committee for Wednesday May 11, 2011. One item is on

the Pier and the other is on the Canadian National Road Cycling Championships.

Chris Glenn, Acting Director of Parks and Recreation, gave an update to Council on the

status of the road races for the Canadian National Road Cycling Championships. A

memorandum is being brought to Community Services Committee on Wednesday May

11, 2011 for Council discussion.

COMMITTEE REMARKS:

Mayor Rick Goldring, will be appearing on a Cogeco program called “On the Record”

hosted by Mark Carr on May 25, 2011 in Council Chambers. The focus of the interview

will be the Strategic Plan. Mayor Goldring had information regarding this interview put

in Council Information Packages a few weeks ago asking Council Members to look to

their residents for questions that could be asked during the interview. More details

regarding the interview will be sent to members of Council.

ADJOURNMENT: 3:02 p.m.

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COMMUNITY DEVELOPMENT

COMMITTEE

REPORT NO. 7-11 RECOMMENDATIONS

TO COUNCIL MEETING

MAY 24, 2011

DATE OF MEETING: Monday, May 9, 2011

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 6:30 p.m.

(Public)

MEMBERS PRESENT: Councillors Jack Dennison (Chair), Marianne

Meed Ward, Rick Craven, John Taylor, Paul

Sharman, Blair Lancaster and Mayor Rick

Goldring

STAFF PRESENT: Roman Martiuk, Steve Zorbas, Bruce

Krushelnicki, Andrea Smith, Charles Mulay,

Frank McKeown, Bianca Bielski, Vito Tolone,

Amir Aazam and Grant Bivol (Clerk)

DECLARATION(S) OF INTEREST: None

RECOMMENDATIONS:

FOUR ITEMS FOR CONSIDERATION:

APPROVAL OF OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT

APPLICATIONS FOR 4070 DUNDAS STREET AND ADJACENT CITY OF BURLINGTON

SURPLUS ROAD ALLOWANCE ON JACKSON DRIVE FOR NEW HORIZON HOMES

(2185176 ONTARIO INC.)

Approve the revised application for an official plan amendment submitted by 2185176

Ontario Inc. (New Horizon Homes), c/o John Ariens IBI Group, 200 East Wing – 360

James Street North, Hamilton, ON L8L 1H5, to redesignate lands from “Residential –

Medium Density” to “Residential – High Density” permitting the development of 23

townhouse units at 4070 Dundas Street and on adjacent City of Burlington surplus road

allowance on Jackson Drive; 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. 64 as contained in Appendix I of Planning and Building Department

Report PB-26-11; and

Amend Appendix II to remove the following statement from Section 1) a) iv):

“Acknowledge that a centralized location on the site for waste deposit will not be

permitted.” and replace the fifth bulleted clause of Section 1) b) with the statement

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that “Public waste pick-up service for units located along the internal road will be

considered at the site plan approval stage.”; and

Approve the application for a zoning by-law amendment submitted by New Horizon

Homes, c/o John Ariens IBI Group, 200 East Wing – 360 James Street North, Hamilton, ON

L8L 1H5, to rezone the lands from “D-Development” and “RM5” to “RM2-419” permitting

development of 23 townhouse units at 4070 Dundas Street and on adjacent City of

Burlington surplus road allowance on Jackson Drive, subject to the conditions contained in

Appendix II of Planning and Building Department Report PB-26-11 as amended; and

Instruct the Director of Planning and Building to prepare the Zoning By-law 2020

amendment, subject to the applicant completing the conditions below:

the execution and registration of the Residential Development Agreement;

payment of rezoning variable fees, on a per unit basis in accordance with By-law

127-2006, as amended; and,

the execution of a binding agreement between the owner and the City of Burlington to

facilitate the assembly of the surplus portion of the Jackson Drive road allowance with

lands located at 4070 Dundas, to the satisfaction of the Director of Planning and

Building, and the City Solicitor; and

Instruct the Director of Planning and Building to prepare the Zoning By-law 2020

amendment from “D- Development” and “RM5” to “RM2-419” with the exception number

containing the following provisions:

Exception No. 419

No. of Units 23 units maximum

Density 53 units per hectare

maximum

Driveway Length 6.0 m; 5.9 m for westerly

unit of building abutting

Glover Lane

Driveway Width Maximum width of 3.3 m

Front Yard Setback to:

Dwelling 2.7 m

Roofed over porch: 2.0 m

Yard Abutting Glover Lane to:

Dwelling and

Roofed over porch

3.7 m. Risers may

encroach.

Rear Yard (East) to:

Building 8.2 m

Landscaped Area:

Abutting Dundas Street 1.3 m

Abutting Jackson Drive 2 m for building abutting

internal road;

3 m for building abutting

Glover Lane.

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Building Height

Townhouses abutting

internal road.

3 storeys and 12.5 m

Townhouses abutting

Glover Lane.

2 storeys and 10.0 m

Minimum setback of a parking

lot from wall of a building

containing windows of a

habitable room.

1.5 m

Privacy Areas for ground-

oriented amenity space:

9 m2 per unit for building

abutting internal road;

10 m2 per unit for building

abutting Glover Lane.

Privacy Areas are required

to be open at the rear.

Privacy Screens 2.4 m in

length are required at each

side of the Privacy Area.

Building Length 79 m maximum

Visitor Parking 8 spaces

Except as amended herein, all other provisions of this By-law, as amended, shall apply; and

Deem that the amending Zoning By-law will conform with the Official Plan for the City of

Burlington once Official Plan Amendment No. 64 is approved; and

Note that the subject amending Zoning By-law shall not come into effect until Official Plan

Amendment No. 64 comes into effect; and

Notify the owner, its successors and assigns, that City Development Charges may be

payable in accordance with By-law No. 49-2009, as may be amended, upon issuance of a

Building Permit at the rate in effect on the date issued. (PB-26-11-1)

APPROVAL OF OFFICIAL PLAN AMENDMENT NO. 85 AND BY-LAW 2020

AMENDMENT APPLICATIONS FOR REZONING 470, 474, 476, 480 AND 486 BROCK

AVENUE FROM H-DRH TO DRH-425 FOR THE MOLINARO GROUP

Approve Amendment No. 85 to the City of Burlington Official Plan as amended, to alter

the Official Plan policies of the „Downtown Mixed Use Centre‟ – „Downtown

Residential-Medium and/or High Density Precincts‟ to allow for the development of a 14

storey apartment building with ground floor office uses at 470, 474, 476, 480 and 486

Brock Avenue (472 Brock Avenue assembled); and

Deem that Section 17 (21) of the Planning Act has been met; and

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Instruct that the City Clerk prepare the necessary by-law adopting Official Plan

Amendment No. 85 as contained in Appendix I of Planning and Building Department

Report PB-31-11; and

Approve the application by The Molinaro Group, c/o Fothergill Planning and

Development Inc., 62 Daffodil Crescent, Ancaster, Ontario, L9K 1E1 , to amend the

zoning of 470, 474, 476, 480 and 486 Brock Avenue from“H-DRH” to “DRH – 425”;

and

Instruct the Director of Planning and Building to prepare the amending By-law to amend

Zoning By-law 2020 rezoning 470, 474, 476, 480 and 486 Brock Avenue from “H-

DRH” to “DRH – 425”, using the regulations below for Exception -425 once the

applicant has completed the following:

1. Payment of variable rezoning fees, on a per unit basis in accordance with By-law

127-2006, as amended; and

2. Execution of a Residential Development Agreement including conditions

contained in Appendix II.

Exception -425

1. Regulations applying to the entire development site:

Max number of

residential units: 115 apartment units

Max density: 353 units/ha

2. Regulations for apartment building with ground floor office uses subject to DRH

(Downtown Residential – High Density) regulations except that:

Minimum front yard Podium 8.8 m

Building 13.2 m

Level 13 17.5 m

Level 14 17.5 m

Underground

Parking

Structure 0.7 m

Minimum rear yard Building 16.8 m

Podium 16.8 m

Level 13 21.4 m

Level 14 21.4 m

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Except as amended herein, all other provisions of this By-law, as amended, shall apply;

and

Deem that in consideration of Section 37 of the Planning Act and Part VI, Section 2.3 of

the City‟s Official Plan, as they relate to the proposed density for the Official Plan

Amendment and the proposed density and height for the rezoning applications by the

Molinaro Group, that prior to the enactment of the zoning by-law permitting the increase

in height and density and the modified regulations, that the owner enter into a Section 37

agreement to provide the requested community benefits as follows:

1. $250,000.00 towards the burial of hydro wires on the west side of Brock Avenue

from Elgin Street to Ontario Street;

2. $75,000.00 towards a new play structure in a neighbourhood park;

3. $20,000.00 towards the construction of a pathway through the hydro corridor;

4. $55,000.00 towards the public art reserve fund;

5. $50,000.00 towards a landscape feature at the corner of Brock Street and Elgin

Street;

6. $50,000.00 towards the parking reserve fund; and

Deem that the amending Zoning By-law will conform with the Official Plan for the City

of Burlington once Official Plan Amendment 85 is adopted.; and

Deem that the amending Zoning By-law will not come into effect until Official Plan

Amendment 85 is adopted. (PB-31-11-1)

Minimum side yard abutting

Brock Avenue

Podium 3.7 m

Building 5.2 m

Underground

Parking

Structure 0.85m

West side yard 13.9 m

Landscape Buffer

North Side

West Side

0.45 m

1.40 m

Maximum building height 14 storeys up to 46 m

Parking structure Shall not project above

grade

Maximum floor area Floor 1: 1076 m2

Floor 2: 1199 m2

Floor 3-12: 988 m2

Floors 13: 678 m2

Floors 14: 678 m2

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APPROVAL FOR STOP UP AND CLOSURE OF PART OF JACKSON DRIVE AND SALE

TO 2185176 ONTARIO INC.

Approve the stop up and closure of part of Jackson Drive as shown on Appendix “A”

attached to Legal Department Report L-18-11; and

Convey the soil and freehold of such stopped up and closed road to the abutting owner,

2185176 Ontario Inc., after notice of the stop up and closure is given, the by-law has

been adopted by Council, and an Agreement of Purchase and Sale has been executed by

2185176 Ontario Inc. to purchase the subject lands for fair market value as determined by

the Manager of Realty Services; and

Authorize the Mayor and Clerk to execute any documents in connection with this matter.

(L-18-11-1)

APPROVAL OF COMMUNITY BENEFITS FOR THE MOLINARO GROUP PURSUANT

TO SECTION 37 OF THE PLANNING ACT

Approve that a package of community benefits be accepted in relation to the development

of a high density apartment building with ground level office uses proposed at 472 Brock

Avenue consisting of both direct and indirect benefits as outlined in Planning and

Building Report PB-29-11; and

Authorize the Director of Planning and Building to prepare and execute an Agreement

pursuant to Section 37 of the Planning Act securing the benefits as agreed to and to the

satisfaction of the Director of Planning and Building and the City Solicitor and that such

Agreement be registered on title to the lands in a manner satisfactory to the City Solicitor,

to secure these community benefits; and

Approve prior to enactment of the zoning by-law permitting the increase in height and

density and modified regulations that the owner enters into such agreement. (PB-29-11)

SIX ITEMS FOR RECEIPT:

Receive and file the following six items, having been given due consideration by the Community

Development Committee:

PowerPoint presentation from Andrea Smith, Planning and Building

Department entitled “Air Photo” relating to 4070 Dundas Street (PB-26-11-2,

April 11, 2011)

PowerPoint presentation from John Ariens, IBI Group entitled „Shine” 4070

Dundas Street‟ (PB-26-11-3, April 11, 2011)

PowerPoint presentation from Charles Mulay, Planning and Building

Department entitled “The Molinaro Group Rezoning and Official Plan

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Amendment PB-31/11 470, 474,476,480 and 486 Brock Avenue” (PB-31-11-2,

April 14, 2011)

Correspondence dated April 6, 2011, from Matt Johnston and Sergio

Manchia, IBI Group regarding the Molinaro Group Brock Avenue

Apartments. (PB-31-11-3, April 14, 2011)

Correspondence dated May 9, 2011, from Matt Johnston and Sergio

Manchia, IBI Group regarding the Proposed Brock Avenue Development.

(PB-31-11-4, April 14, 2011)

Confidential Appendix B to the Legal Department Report L-18-11 regarding

the stop up and closure of part of Jackson Drive and sale to 2185176 Ontario

Inc. (L-18-11-2, April 7, 2011)

DELEGATIONS:

Report recommending approval of the applications to amend 4070 Dundas Street and adjacent

City of Burlington surplus road allowance on Jackson Drive for New Horizon Homes (2185176

Ontario Inc.) (PB-26-11, April 11, 2011)

Mr. John Ariens, IBI Group, 360 James Street North, Hamilton, Ontario, L8L 1H5,

representing New Horizon Homes, spoke in support of the recommendation of report PB-

26-11. Mr. Ariens explained that the site had undergone an environmental cleanup and

that all requisite studies had been completed. He explained the design features of the

development and how it fit into the neighbourhood. He indicated that the project was

well balanced and addressed issues relating to density, noise attenuation, access, parking,

traffic, infrastructure and compliance with provincial policies for intensification. In

response to questioning by the members of the Committee, Mr. Ariens spoke to specifics

of the project including the size and type of units, the energy rating of the buildings,

criteria in selecting the number of units, location of the cul-de sac, green space, sidewalks

and revisions to the original plan submission. (34-CD)

PUBLIC MEETINGS:

PUBLIC MEETING NO. 5-2011 – OFFICIAL PLAN AMENDMENT, ZONING BY-LAW

AMENDMENT APPLICATIONS FOR 4070 DUNDAS STREET AND ADJACENT CITY OF

BURLINGTON SURPLUS ROAD ALLOWANCE ON JACKSON DRIVE FOR NEW

HORIZON HOMES (2185176 ONTARIO INC.)

The Community Development Committee, in accordance with Sections 34 and 51 of the

Planning Act, as amended, held Public Meeting No. 5 on May 9, 2011, to consider application

for Official Plan Amendment, Zoning By-law Amendment applications for 4070 Dundas Street

and adjacent City of Burlington surplus road allowance on Jackson Drive for New Horizon

Homes (2185176 Ontario Inc.). Having considered the oral and written comments from staff and

the delegations, the Community Development committee approved recommendations in

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Planning and Building Department Report PB-26-11 for consideration by Council, as noted

above.

Staff Overview:

Andrea Smith, Development Planner, Planning and Building Department, provided an overview

of the proposed development planned for the site highlighting some of the design features and

modifications made since the original application. She spoke on the adjacent road closure and

conveyance of city-owned lands. She also addressed the impact of the development on the

neighbourhood and the increased density.

For the purposes of the Planning Act requirements, the following persons made oral submissions:

Robert Bryant, 2982 Jackson Drive expressed concern that the project did not comply

with By-law 2020 in respect to the length of the buildings, reduced setbacks, reductions

in the size of privacy areas, open access at the rear of the privacy areas and reduced

driveway widths. He expressed concern over the „canyon-like‟ appearance and effect of

the buildings, the density, and quality of life and supported a reduction of two units from

the proposal. (35-CD)

Douglas Matthews, 2972 Glover Lane, encouraged the committee to deny the application

on the basis that the proposed development did not meet objectives contained in the

Official Plan from the perspective of preserving the character of the neighbourhood. He

noted that, unlike the existing residences, the new development proposed three storey

buildings with a different style. He spoke to issues of parking and access to mail pick-up

areas and requested that the city not sell the road allowance to the developer. (36-CD)

Jeff Paikin, President of New Horizon Homes addressed questions of Committee

members with respect to the patios and privacy areas of the units. He explained that the

design met planning requirements but also offered sufficient communal space to allow

flexibility for future enhancements and changes to the site at the discretion of the

condominium corporation and future residents. (37-CD)

PUBLIC MEETING NO.6-2011 – OFFICIAL PLAN AMENDMENT NO. 85 AND BY-LAW

2020 AMENDMENT APPLICATIONS FOR REZONING 470, 474, 476, 480 AND 486

BROCK AVENUE FROM H-DRH TO DRH-425 FOR THE MOLINARO GROUP

The Community Development Committee, in accordance with Sections 34 and 51 of the

Planning Act, as amended, held Public Meeting No. 6 on May 9, 2011, to consider application

for Official Plan Amendment No. 85 and By-Law 2020 Amendment Applications For Rezoning

470, 474, 476, 480 and 486 Brock Avenue from H-Drh to Drh-425 for The Molinaro Group.

Having considered the oral and written comments from staff and the delegations, the Community

Development committee approved recommendations in Planning and Building Report PB-31-11

for consideration by Council, as noted above.

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Staff Overview:

Charles Mulay, Planner, Planning and Building Department, presented the staff report and

indicated that staff supported the application and recommended removal of the holding

designation, approval of the Official Plan Amendment and approval of the rezoning. He spoke

to the location of the proposed development amongst other buildings of similar height and noted

that the proposed development would be 14 storeys. He also explained how the project fit the

principles of good planning.

For the purposes of the Planning Act requirements, the following persons made oral submissions:

Mark Henderson, 479 Burlington Avenue, issued concern over the height of the

development relative to the provisions contained in the Official Plan and the proximity to

single-family residences. He noted concern over traffic and density issues and expressed

the opinion that the city had disregarded public input, feedback and comments received

during consultation sessions on the proposed development. Mr. Henderson indicated that

the public engagement process was insufficient. He stated that he would be satisfied in a

reduction in the height of the building to seven storeys. (38-CD)

Matt Johnston, IBI Group, representing 1804458 Ontario Inc. expressed concern over the

removal of the H-provision implemented to accommodate property accumulation. He

indicated that removal of the H provision would have a detrimental effect on his clients

who owned properties on the subject block and indicated that those properties were not

viable unless they formed part of a larger land assemblage. (39-CD)

Edward Fothergill, president of Fothergill Planning and Development, representing the

Molinaro Group, noted that the applicant was in attendance. He spoke to thoroughness of

the planning process including the public open houses conducted, technical reports and

studies completed and the many counter-balancing issues considered in the planning

process. Mr. Fothergill spoke to the benefits of higher density and requirements for the

city to meet demands of the province‟s growth strategy. He spoke generally on viability

issues for projects on this block relative to the H-provision and noted how density

affected affordability. He expressed the opinion that the remaining lands on the block

were still economically viable and stated that project as presented made good sense from

a planning perspective. (40-CD)

STAFF REMARKS:

Steve Zorbas, Acting General Manager of Development and Infrastructure, spoke to the

restrictions imposed on growth by the urban boundary and acknowledged the extensive efforts

undertaken by his staff to ensure a thorough review of the Brock Avenue development.

COMMITTEE REMARKS: None

ADJOURNMENT: 10:58 p.m.

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BUDGET & CORPORATE

SERVICES COMMITTEE

REPORT NO. 10-11 RECOMMENDATIONS

TO COUNCIL MEETING

MAY 24, 2011

DATE OF MEETING: Tuesday, May 10, 2011

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 9:30 a.m.

(Public), 12:10 p.m. (Recess), 12:45 p.m. (Closed

Session), 1:44 p.m. (Public)

MEMBERS PRESENT: Councillors Paul Sharman (Chair), John Taylor,

Rick Craven, Marianne Meed Ward, Jack

Dennison, Blair Lancaster and Mayor Rick

Goldring

STAFF PRESENT: Roman Martiuk, Kim Phillips, Steve Zorbas, Joan

Ford, Christine Swenor, Nancy Shea Nicol, Bruce

Krushelnicki, Donna Kell, Ann-Marie Coulson,

Allan Magi, Frank McKeown, Joanne Hyde,

Elizabeth Lewis, Reena Bajwa, Ron Steiginga,

Ellen Chen, Tracy Burrows, Cathy Lamb, Jenna

Langdale, Amir Aazam and Andrea Holland

(Clerk)

DECLARATIONS OF INTEREST: None

RECOMMENDATIONS:

SIX ITEMS FOR CONSIDERATION:

APPROVAL OF REQUEST TO REMOVE 223 BROOKFIELD AVENUE FROM THE

MUNICIPAL REGISTER

Remove the property at 223 Brookfield Avenue from the Municipal Register in

accordance with Part IV, Section 27 (1.3) of the Ontario Heritage Act, R.S.O. 1990, as

amended, such that the residential building can be demolished. (PB-33-11)

REFERRAL OF REPORT TO REGULATE HAZARDOUS FUELS IN RESIDENTIAL

GARAGES

Refer Planning and Building Department report PB-32-11 regarding hazardous

fuels in residential garages to the Community Development Committee on May 30,

2011. (PB-32-11)

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APPROVAL OF AMENDMENTS TO THE CITY OF BURLINGTON NOISE AND

NUISANCE BY-LAW

Approve By-law 45-2011, attached to Planning and Building Report PB-05-11 dated

March 26, 2011 in Appendix “A”, which amends Noise and Nuisance By-law 19-2003,

being a by-law to prohibit and regulate certain noises within the City of Burlington by

providing a new fee of $65.00 for noise exemptions, pursuant to section 129 of the

Municipal Act, 2001, S.O. 2001, c. 25, as amended; (PB-05-11)

APPROVAL TO HOLD A COUNCIL WORKSHOP REGARDING THE PARKS AND

RECREATION DEPARTMENT SECONDARY BUDGET REPORTING MODEL

Direct the Acting Director of Parks and Recreation to conduct a workshop with Council

in late August or early September 2011 in order to further develop the Parks and

Recreation Secondary Budget Reporting Model. (PR-21-11)

APPROVAL OF THE BURLINGTON AGE FRIENDLY TASK FORCE INITIATIVES AND

ONE TIME FUNDING

Endorse the Burlington Age Friendly Interim Report; and

Approve the appointment of Chair of the Burlington Age Friendly Task Force to the

Mayor‟s Seniors Advisory Committee until December 31, 2011 as a member with voting

privileges; and

Approve one-time funding of $6,000 for 2011 from the City, conditional upon equal

contribution from the United Way of Burlington and Greater Hamilton, to continue to

define the scope of the consultants‟ work for the Burlington Age Friendly Task Force.

(BCS-09-11)

APPROVAL FOR INTEREST ON OVERDUE TAXES

Approve the revised policy on interest added to overdue taxes in due date months. (F-28-

11)

THREE ITEMS FOR RECEIPT:

Receive and file the following three items, having been given due consideration by the Budget &

Corporate Services Committee:

PowerPoint Presentation by Angela Dawe, Director Community Investment, Development

and Agency Relations, United Way of Burlington and Greater Hamilton, regarding

Burlington Age-Friendly Task Force. (BCS-8-11, April 11, 2011)

Finance Report F-06-11 presenting the final Current Budget Performance for the period

January 1 to December 31, 2010, and providing explanations for the year-end

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program level variances in excess of $50,000 and year-end departmental spending/

revenue variances greater than $100,000. (F-06-11, April 16, 2011)

Confidential PowerPoint Presentation by Ron Steiginga, Manager of Realty Services,

Legal Department regarding Council Orientation to Strategic Land Acquisition. (BCS-

07-11, May 10, 2011)

DELEGATION:

Joan Gallagher-Bell, Burlington Seniors Age-Friendly Project, 945 Daryl Drive, Suite

903, Burlington, Ontario, spoke in support of the recommendation in the memorandum

from Shelley Chalmers. She said these funds are required to continue the work by the

consultant for the Age Friendly Task Force. She said the next steps for the Task Force

are to carry out a plan that addresses how Citizen Committees and City departments can

reflect an Age Friendly lens in their work, with a report back to Council in August 2012.

ADJOURNMENT: 1:45 p.m.

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COMMUNITY SERVICES

COMMITTEE REPORT NO. 7-11

RECOMMENDATIONS

TO COUNCIL MEETING

OF MAY 24, 2011

DATE OF MEETING: Wednesday, May 11, 2011

PLACE OF MEETING: Council Chambers, Level 2, City Hall at 6:30 p.m.

(Public), 8:28 p.m. (Closed), 9:35 p.m. (Public)

MEMBERS PRESENT:

Councillors Rick Craven (Chair), Blair Lancaster,

Marianne Meed Ward, John Taylor, Jack

Dennison, Paul Sharman and Mayor Rick

Goldring

STAFF PRESENT: Roman Martiuk, Scott Stewart, Kim Phillips, Chris

Glenn, Nancy Shea Nichol, Bruce Zvaniga, Joan

Ford, Tom Eichenbaum, Donna Kell, Cathy

Robertson, Alan Magi, John Crass, Doug Pladsen,

Karen Sabzali, Frank McKeown, Pam Belgrade,

Amir Aazam and Joanne Hyde (Clerk)

OTHERS PRESENT: Deputy Chief Percy and Inspector Ivan L‟Ortye,

Halton Regional Police Services and Andy

McLaughlin, McLaughlin & Associates

DECLARATIONS OF INTEREST: None

RECOMMENDATIONS:

SIX ITEMS FOR CONSIDERATION:

APPROVAL TO INSTALL AN ALL-WAY STOP SIGN CONTROL AT THE

INTERSECTION OF DILLON ROAD AND LANSDOWN DRIVE AND TO REDUCE THE

SPEED LIMIT TO 40 KM/HR ON HANNIBAL ROAD

Approve the installation of an all-way stop sign control at the intersection of Dillon Road

and Lansdown Drive; and

Approve the installation of a 40km/hr speed limit on Lansdown Drive from Heathfield

Drive to Hannibal Road; and

Approve the installation of a 40km/hr speed limit on Hannibal Road from Dillon Road to

a point 100 metres south of Lansdown Drive; and

Approve the estimated cost of $1,450 to implement these works through Capital Order

TC0023 – Traffic Signage; and

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Direct the Director of Transportation Services to prepare an amending by-law to Traffic

By-law 86-2007, as indicated in Appendix C of Transportation Services Department

report TS-11-11 and to submit the by-law to Council for approval. (TS-11-11)

APPROVAL TO REDUCE THE SPEED LIMIT TO 40 KM/HR ON NORTHSHORE

BOULEVARD EAST FROM GLENWOOD AVENUE TO EDGEWATER CRESCENT

Approve the installation of a 40 km/hr speed limit on North Shore Boulevard East from

Glenwood Avenue to Edgewater Crescent; and

Direct the Director of Transportation Services to prepare an amending by-law to Traffic

By-law 86-2007 and submit the by-law to Council for approval. (TS-19-11)

REFERRAL OF THE UPDATE ON THE JOINT VENTURE AGREEMENTS REVIEW AND

RECOMMENDED NEXT STEPS

Refer Parks and Recreation Department report PR-14-11 to the planning process for the

City‟s new strategic plan – Burlington, Our Future; and

Direct the Acting Director of Parks and Recreation to conduct an information sharing

workshop with all Joint Venture Organizations to provide an update on the Joint Venture

review process including next steps as outlined in Parks and Recreation Department

report PR-14-11. (PR-14-11-1)

DEFERRAL OF THE UPDATE ON THE BURLINGTON LITTLE THEATRE INC. ROOF

REPLACEMENT

Defer Parks and Recreation Department report PR-27-11, regarding the Burlington Little

Theatre Inc. roof replacement until Council has had the opportunity to discuss the

benefits and challenges in supporting community groups. (PR-27-11)

UPDATE ON THE BRANT STREET PIER PROPOSAL

Direct the City Solicitor to proceed in accordance with the directions provided by

Committee during closed session. (CM-08-11)

AMENDMENTS TO THE NATIONAL ROAD CYCLING CHAMPIONSHIPS

AGREEMENT

Continue the City of Burlington‟s financial support of the National Road Cycling

Championship event for 2011 with an upset limit of $10,000, subject to the

outstanding issues being resolved; and

Continue with the National Road Cycling Championships event for 2012, subject to

full negotiations based on the evaluation of the 2011 event results; and

Direct the City Solicitor to provide notification to Midweek Cycling Club advising of

the revised agreements. (CC-10-11)

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STAFF DIRECTIONS: None.

FOUR ITEMS FOR RECEIPT:

Receive and file the following four items, having been given due consideration by the

Community Services Committee:

Report providing an update on the status of the Parks and Recreation Department work

plan. (PR-26-11, April 8, 2011)

PowerPoint presentation by Doug Pladsen, Community Development Planner,

Parks and Recreation Department, regarding the status of the Parks and Recreation

Department work plan. (PR-14-11-2, April 8, 2011)

Memorandum from Karen Sabzali, Manager of Community Development and John

Crass, Manager of Traffic Services, regarding an update on the Canadian National Road

Cycling Championships. (CC-10-11, May 5, 2011)

Pier Update information sheet provided by Scott Stewart, General Manager of

Community Services. (CC-11-11, May 10, 2011)

DELEGATIONS:

Memorandum from Karen Sabzali, Manager of Community Development and John Crass,

Manager of Traffic Services, regarding an update on the Canadian National Road Cycling

Championships. (CC-10-11, May 5, 2011)

Jason Stoner, General Manager, Burlington Hotel Association, and Pam Belgrade,

Executive Director, Tourism Burlington were in attendance to answer any questions

from Committee and staff regarding support for the Canadian National Road Cycling

Championships from their respective organizations. (17-CC)

COMMITTEE REMARKS:

Councillor Craven mentioned that Philip Kelly will be leaving the City for a new position

at the Town of Oakville. Craven thanked Kelly for his support and commitment to the

Brant Street Pier project.

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STAFF REMARKS:

Pier Update: Scott Stewart, General Manager of Community Services, provided a verbal

update based on the written update on the Brant Street Pier Project.

Scott Stewart, General Manager of Community Services, mentioned that May 15-21,

2011 marks National Public Works Week. The City of Burlington will be celebrating

and recognizing the good work performed by all public works departments. Displays will

be held at City Hall every day from 8:45 a.m. to 4:30 p.m. and all residents are welcome.

ADJOURNMENT: 9:38 p.m.

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MOTION TO ADOPT STANDING COMMITTEE MINUTES:

Adopt the following reports:

Special Committee of the Whole Report No. 8-11

Meeting of May 6, 2011. As amended/presented

Community Development Committee Report No. 7-11

Meeting of May 9, 2011. As amended/presented

Budget & Corporate Services Committee Report No. 10-11

Meeting of May 10, 2011. As amended/presented

Community Services Committee Report No.7-11

Meeting of May 11, 2011. As amended/presented

MOTION TO RECEIVE AND FILE COUNCIL INFORMATION PACKAGES:

Receive and file the following Information Packages, having been prepared and distributed to

Council:

April 29 and May 13, 2011

MOTION TO RECEIVE AND FILE ITEMS RECEIVED BY COUNCIL:

Receive and file the following items, having been considered by Council:

Items received at Council.

CONSIDERATION OF BY-LAWS:

Council makes decisions by enacting by-laws. I will now read a motion to approve a number of

by-laws, referring to the numbers of the by-laws. If viewers are interested in further detail about

the specifics of any by-law, each one is listed in the meeting agenda. By-laws that are not

published within the Council agenda are available for review in the City Clerk‟s Office.

Enact and pass the following by-laws which are now introduced, entitled and numbered as

indicated below:

By-law No. Title

42-2011 A by-law to amend Traffic By-law 86-2007, as amended, to install an all-way stop

sign control at the intersection of Dillon Road and Lansdown Drive, to reduce the

speed limit to 40 km/hr on Hannibal Road, and to reduce the speed limit to 40

km/hr on Northshore Boulevard East from Glenwood Avenue and Edgewater

Crescent, Wards 1 and 4.

Files: 750-14-36, 750-16-02 (TS-11-11, TS-19-11)

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43-2011 A by-law to appoint certain Municipal Law Enforcement Officers for the city of

Burlington.

File: 745-06 (CL-17-11, DA-38-11)

44-2011 A by-law to amend Parking By-law 87-2007, as amended, to regulate parking in

designated routes.

File: 110-04-1 (TS-05-11, DA-3-10)

45-2011 A by-law to amend Noise and Nuisance By-law 19-2003, as amended, by providing

a new fee for noise exemptions.

File: 110-04-1 (PB-05-11)

46-2011 A by-law to adopt Official Plan Amendment No. 64 to redesignate lands from

“Residential – Medium Density” to “Residential – High Density” permitting 23

townhouse units at 4070 Dundas Street and adjacent City of Burlington surplus

road allowance on Jackson Drive, Ward 6.

File: 505-03-09 (PB-26-11-1)

47-2011 A by-law to adopt Official Plan Amendment No. 85 to alter the Official Plan

policies of the “Downtown Mixed Use Centre” – “Downtown Residential-Medium

and/or High Density Precincts” to allow for the development of a 14 storey

apartment building with ground floor office uses at 470, 474,476, 480 and 486

Brock Avenue, Ward 2.

File: 505-03-10 (PB-31-11-1)

CONFIRMATION BY-LAW:

Enact and pass By-law Number 48-2011, being a by-law to confirm the proceedings of Council

at its meeting held Tuesday, May 24, 2011, being read a first, second and third time.

STATEMENTS BY MEMBERS (non-debatable):

ADJOURNMENT:

Adjourn this Council now to meet again at the call of the Mayor.

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