1900 Appleby Line LJM Developments Inc. - Burlington...IBI GROUP PLANNING JUSTIFICATION REPORT 1900 APPLEBY LINE – LJM DEVELOPMENTS INC. Prepared for LJM Developments Inc. Table

Planning Justification Report

1900 Appleby Line – LJM Developments Inc.

Temporary Use By-law

Prepared for LJM Developments Inc.

by IBI Group

December 21, 2018

IBI GROUP PLANNING JUSTIFICATION REPORT 1900 APPLEBY LINE – LJM DEVELOPMENTS INC. Prepared for LJM Developments Inc.

Table of Contents

December 21, 2018 i

1 Introduction ......................................................................................................................... 2

2 Site Description and Context............................................................................................. 2

2.1 Location and Surrounding Context .......................................................................... 2

2.2 Existing Uses and Development Pattern ................................................................. 4

3 Selected Planning History ................................................................................................. 9

3.1 Minor Variance Approval.......................................................................................... 9

3.2 Site Plan Approval ................................................................................................. 10

4 Formal Pre-consultation and Requirements of Complete Application ....................... 10

5 Proposed Temporary Use By-law Overview .................................................................. 10

6 Applicable Planning Legislation and Policy .................................................................. 11

6.1 Ontario Planning Act .............................................................................................. 11

6.1.1 Section 39 – Temporary Use By-law ........................................................ 12

6.1.2 Section 2 - Provincial Interest ................................................................... 12

6.2 Provincial Policy Statement 2014 .......................................................................... 13

6.3 Growth Plan for the Greater Golden Horseshoe 2017 .......................................... 17

6.4 Region of Halton Official Plan ................................................................................ 18

6.5 City of Burlington Official Plan ............................................................................... 21

6.5.1 Part VI ....................................................................................................... 22

6.5.2 Part II ......................................................................................................... 22

6.5.3 Part III ........................................................................................................ 24

6.6 City of Burlington Council Adopted Grow Bold Official Plan .................................. 28

6.6.1 Chapter 12 ................................................................................................ 29

6.6.2 Chapter 2 .................................................................................................. 30

6.6.3 Chapter 6 .................................................................................................. 32

6.6.4 Chapter 7 .................................................................................................. 33

6.6.5 Chapter 8 .................................................................................................. 34

6.7 City of Burlington Zoning By-law 2020 ................................................................... 38

IBI GROUP PLANNING JUSTIFICATION REPORT 1900 APPLEBY LINE – LJM DEVELOPMENTS INC. Prepared for LJM Developments Inc.

Table of Contents (continued)

December 21, 2018 ii

7 Proposed Temporary Use By-law Content and Provisions .......................................... 39

8 Conclusion and Recommendations ............................................................................... 41

Appendix A – Approved Site Plan ............................................................................................ 42

Appendix – Minor Variance Approval Decision ....................................................................... 44

Appendix C – Draft Zoning By-Law Amendment ..................................................................... 48

IBI GROUP PLANNING JUSTIFICATION REPORT

1900 APPLEBY LINE – LJM DEVELOPMENTS INC.


December 21, 2018 1

List of Figures

Figure 2-1 - Subject Lands in Regional Context .................................................................. 3

Figure 2-2 - Site Location in Neighbourhood Context.......................................................... 3

Figure 2-3 - Site Location in Immediate Context ................................................................. 4

Figure 2-4 - Site-level Air Photo ........................................................................................... 5

Figure 2-5 - Google 3D Image of Site - Looking Northerly .................................................. 5

Figure 2-6 - Google 3D Image of Site - Looking Easterly .................................................... 6

Figure 2-7 - Google 3D Image of Site - Looking Southerly .................................................. 6

Figure 2-8 - Google 3D Image of Site - Looking Westerly ................................................... 7

Figure 2-9 - Google Streetview - Looking Easterly Along Ironstone Drive .......................... 7

Figure 2-10 - Google Streetview - Looking south-westerly at Appleby and Ironstone Intersection ......................................................................................................... 8

Figure 2-11- Google Streetview – Phase 1 of the Development ......................................... 8

Figure 2-12 - Google Streetview – Looking Northerly along Appleby Line .......................... 9

Figure 2-13- Google Streetview – Phase 2 of the Development ......................................... 9

Figure 6-1 - ROP Map 1 - Regional Structure Excerpt ...................................................... 20

Figure 6-2 - ROP Map 1-C - Future Strategic Employment Areas Excerpt ....................... 20

Figure 6-3 - ROP Map 3 - Functional Plan of Major Transportation Facilities Excerpt ...... 21

Figure 6-4 - COP - Schedule J - Classification of Transportation Facilities South of No 1 Side Road Excerpt ........................................................................................... 23

Figure 6-5 - COP Schedule A - Settlement Pattern Excerpt .............................................. 25

Figure 6-6 - COP - Schedule B - Comprehensive Land Use Plan - Urban Area Excerpt.. 26

Figure 6-7 - Online Mapping Excerpt - Schedule F - Uptown Mixed Use Centre - Land Use Plan .................................................................................................................. 28

Figure 6-8 - Grow Bold - Schedule A - Urban Structure Excerpt ....................................... 31

Figure 6-9 - Grow Bold - Schedule B-1 - Growth Framework Excerpt .............................. 32

Figure 6-10 - Grow Bold - Schedule B-2 - Growth Framework and Long-term Frequent Transportation Corridors Excerpt ..................................................................... 33

Figure 6 -11 - Grow Bold - Schedule C - Land Use Excerpt .............................................. 35

Figure 6-12 - Grow Bold - Schedule E – Uptown ............................................................... 37

Figure 6-13 - City of Burlington Online Zoning Map with 2017 Air photo Underlay ........... 38




December 21, 2018 2

1 Introduction

IBI Group has been retained by LJM Developments Inc. (the “Applicant”), on behalf of the owner

of 1900 Appleby Line, ICP Developments, to provide independent professional planning services

and opinion with respect to allowing an existing commercial development to continue, permitted

through a minor variance and a previously approved site plan application. This proposal requires

approval a Temporary Use By-Law (“TUB”), made under Section 39 and 34 of the Ontario Planning

Act (“Act”), respectively.

IBI Group supports the application for ZBLA as it is reflective of good planning, and this report

provides our associated justification through a discussion and analysis of applicable provincial,

regional and local planning policy and regulations.

2 Site Description and Context

The following subsections provide a review of the context, existing uses and conditions of the

subject property and surrounding area. These elements frame the discussion on the proposed

planning application, as well as the planning comments and justification. This information is

supported by air photos and other visual information.

2.1 Location and Surrounding Context

The subject property is legally described as Part of Block 19, Parts 4, 6,7,10, 21, except Part 2

and Part of Block 11, Parts 5,8,11, except Part 1, both within Plan M249 and Part of Blocks 11 &

19, Parts 1 and 2 subject to an easement over Part 2 together with an easement over Parts

9,12,17,19 & 20 and together with an easement over parts 25 & 26 in the City of Burlington.

Municipally, the subject property is referred to as 1900 Appleby Line, within the City of Burlington.

The subject site is approximately 22,250 square metres in area, with approximately 144 metres of

frontage on Appleby Line and 165 metres of frontage along Ironstone Drive. Figures 2-1 to 2-3

provide current Google Earth air photos of the subject lands and context at different scales and

vantage points, with the subject property outlined in red.

As shown, the subject property is located at the westerly corner of Appleby Line and Ironstone

Drive. It is situated in proximity to the major intersection of Appleby Line and Upper Middle Road,

within the City’s built up area and Uptown Core. As such, the location provides good connectivity

in main compass directions for travel at the local and regional scales, through automobile and

transit usage.




December 21, 2018 3

Figure 2-1 - Subject Lands in Regional Context

Figure 2-2 - Site Location in Neighbourhood Context




December 21, 2018 4

Figure 2-3 - Site Location in Immediate Context

Immediate Surrounding Land Uses Include:

North: Single Storey Commercial Plaza, consisting of small scale restaurants and

service commercial uses and a three-storey medical office building

East: 8 storey Mid Rise Building with at grade commercial uses, 2 storey residential

townhouses and a 16 storey High Rise Residential Building with at grade commercial

uses

South: Single Storey Commercial Office Building (Habitat for Humanity Re-Store)

West: Burlington Fire Station & Industrial Building

The immediate surrounding land use and context can be visually seen through Google 3D Air

Photos in Figures 2-5 to 2-8.

2.2 Existing Uses and Development Pattern

The subject property contains existing development in the form of a multi-unit, multi building

commercial plaza, with surface parking. The commercial establishment consists of 3 phases.

Phase 1 is a single storey commercial building located along Ironside Drive, which mainly

consists of medical offices, retail and restaurants. It is broken up into two building interconnected

through a steel canopy over an existing driveway access to the plaza through

Phase 2 is a single storey commercial building, consisting of restaurants and retail uses, and a

two storey commercial office building. It is connected through a steel canopy, over the drive

through for a coffee shop, located in the two storey building.

Phase 3 is a proposed office building that may be processed in the future, when more planning

guidance and direction is finalized. Therefore Phase 3 may be redeveloped or intensified at a

later date.

All of the phases are serviced by surface parking lot in the middle of the subject property.

The development pattern and built form of the existing development is provided Google Earth 3-

D air photos in Figures 2-4 to 2-8 and Google Streetview in Figures 2-9 – 2-11.




December 21, 2018 5

Figure 2-4 - Site-level Air Photo

Figure 2-5 - Google 3D Image of Site - Looking Northerly




December 21, 2018 6

Figure 2-6 - Google 3D Image of Site - Looking Easterly

Figure 2-7 - Google 3D Image of Site - Looking Southerly




December 21, 2018 7

Figure 2-8 - Google 3D Image of Site - Looking Westerly

Figure 2-9 - Google Streetview - Looking Easterly Along Ironstone Drive




December 21, 2018 8

Figure 2-10 - Google Streetview - Looking south-westerly at Appleby and Ironstone Intersection

Figure 2-11- Google Streetview – Phase 1 of the Development




December 21, 2018 9

Figure 2-12 - Google Streetview – Looking Northerly along Appleby Line

Figure 2-13- Google Streetview – Phase 2 of the Development

3 Selected Planning History

3.1 Minor Variance Approval

In February 2014, the Burlington Committee of Adjustment approved a Minor Variance Application,

submitted by the Applicant to permit the construction of the current development, allowing

extensive retail uses on a site designated for employment. The following variances were

approved;

- To permit the required parking for the development to be 315 parking spaces, including 11

accessible parking spaces instead of the minimum required 335 parking spaces, including 11

parking spaces

- To permit retail and service commercial uses in Phase 1 of Building 1 with a minimum floor

area of 2044.4 square metres whereas Zoning By-Law 2020 permits retail and service

commercial uses on the ground floor and below grade floors only in building having a minimum

floor area of 3000 square metres



commercial uses on the ground floor and below grade floor only in building having a minimum


- To permit a maximum of 74% of the combined floor area for Phase 1 of Building 1 and Phase

2 of Building 2 to be used for retail and service commercial uses instead of the permitted

maximum of 50% of the floor area

- To permit 2 outdoor patios associated with 2 standard restaurants with 0 parking spaces

instead of the required 1 parking space per 4 persons capacity for an outdoor patio

- To permit the second storey of Building 2 to be 9% of the area of the first storey instead of the

requirement that the second storey be no less than 50% of the first storey

- To permit parking areas that are separated from adjoining parking areas by a 2.6 metre

landscape area instead of the minimum required 3.0 metre

- To permit Phase 1 of Building 1 to be a one storey building instead of the minimum required

two storeys




December 21, 2018 10

They were approved upon the condition that the application must obtain a form of site plan

approval, a zoning certification and a building permit by March 15, 2019.

A copy of the variances and decision is attached in Appendix B.

3.2 Site Plan Approval

As the buildings currently exist on the subject site, the site plan has been approved, and building

permits have been issued.

We note that further zoning provisions/amendments may be included at a later date to recognize

existing site work, which will addressed and reviewed during the final site plan administrative

closure, where As-built drawings will confirm compliance with the site plan agreement and release

the securities.

4 Formal Pre-consultation and Requirements of Complete Application

A formal pre-consultation meeting was held November 21, 2018 at the City of Burlington

administrative office. The meeting was attended by representatives of the municipal Planning and

Building Staff, Region of Halton Planning Staff, LJM representatives and an IBI Group

Representative. At the meeting, the proposed extension of the existing minor variance decision

was discussed, as it would lapse in March 2019 because Phase 3 of the site had not been

developed. The approach taken by municipal staff indicated that a Temporary Use By-Law would

be an appropriate mechanism to extend the existing minor variance decision. A signed Pre-

Consultation Meeting Form was provided by staff on November 25. It confirmed that proposal

required a rezoning application to request the Temporary Use By-Law. The requirements for a

complete application were specified as follows:

o Application Forms

o Cover Letter

o Application Fees

o Planning Justification Report

o Conceptual Site Play Layout and Site Survey

o Environmental Site Screening Checklist

o Draft Zoning By-Law Amendment

A copy of the Pre-Consultation Meeting Form is included with the complete application.

5 Proposed Temporary Use By-law Overview

As previously mentioned, the Committee of Adjustment decision of February 2014 will lapse in

March 2019 because the Phase 3 office component has not been developed. In order to

accommodate the current tenants and uses on the subject property, and to provide additional time

to build the office phase or intensify/ adjust the third phase of the development, an application

under Sections 34 & 39 of the Planning Act is required to amend the City of Burlington Zoning By-

Law 2020, in accordance with the requirements of the Act and the associated regulations.





The subject property will remain zoned Uptown Core Employment (“UE”), but the TUB will permit

the following zoning variances, approved in February 2014, to be extended for a further three

years from the date of By-law enactment:

- To permit the required parking for the development to be 315 parking spaces, including 11

accessible parking spaces instead of the minimum required 335 parking spaces, including 11

parking spaces



commercial uses on the ground floor and below grade floors only in building having a minimum




commercial uses on the ground floor and below grade floor only in building having a minimum


- To permit a maximum of 74% of the combined floor area for Phase 1 of Building 1 and Phase

2 of Building 2 to be used for retail and service commercial uses instead of the permitted

maximum of 50% of the floor area

- To permit 2 outdoor patios associated with 2 standard restaurants with 0 parking spaces

instead of the required 1 parking space per 4 persons capacity for an outdoor patio

- To permit the second storey of Building 2 to be 9% of the area of the first storey instead of the

requirement that the second storey be no less than 50% of the first storey

- To permit parking areas that are separated from adjoining parking areas by a 2.6 metre

landscape area instead of the minimum required 3.0 metre

- To permit Phase 1 of Building 1 to be a one storey building instead of the minimum required

two storeys

Please refer to Appendix D for the Draft Zoning By-law Amendment.

6 Applicable Planning Legislation and Policy

The following subsections provide an assessment of the proposed amendment against current

and applicable planning policy, including the Planning Act, Provincial Policy Statement 2014, and

Growth Plan for the Greater Golden Horseshoe 2017, Halton Region Official Plan, City of

Burlington Official Plan, Council – Approved Burlington Official Plan (Grow Bold) and the City of

Burlington Zoning By-Law 2020.

As stated before, the report will primarily focus on the review of local planning policy in detail below

and, a number of planning comments are provided along with sub-section summaries.

6.1 Ontario Planning Act

The Planning Act, R.S.O. 1990 (“Act”) deals with land use planning in Ontario and outlines how

land is controlled and the roles of various levels of government and the public in regards to land

use matter. The proposed TUB is thus subject to the provisions of the Act, and regulations made

there under. The Act and O. Reg 545/06 both deal with the ability and requirements for a

Municipality to enact and amend Zoning By-laws. Powers with respect to Zoning By-laws under

Section 34 include, amongst other things, the ability to prohibit erecting, locating or using of

buildings or structures; for prohibiting any use of land; for regulating the type of construction and





the height, bulk, location size, floor area, spacing, character and use of buildings or structure; and

for requiring provision and maintenance of parking facilities. The last date of consolidation was

December 8, 2016. Further, Section 39 provide the ability for an approval authority to authorize

the temporary use of land, buildings or structures, through a By-law passed under Section 34.

The following excerpts and comments apply to the proposed TUB.

6.1.1 Section 39 – Temporary Use By-law

Temporary use provisions

39 (1) The council of a local municipality may, in a by-law passed under section 34,

authorize the temporary use of land, buildings or structures for any purpose set

out therein that is otherwise prohibited by the by-law.

Area and time in effect

(2) A by-law authorizing a temporary use under subsection (1) shall define the area

to which it applies and specify the period of time for which the authorization

shall be in effect, which shall not exceed three years from the day of the

passing of the by-law.

Extension

(3) Despite subsection (2), the council may by by-law grant further periods of not

more than three years each during which the temporary use is authorized.

Non-application of cl. 34 (9) (a)

(4) Upon the expiry of the period or periods of time mentioned in subsections (2)

and (3), clause 34 (9) (a) does not apply so as to permit the continued use of

the land, buildings or structures for the purpose temporarily authorized.

Planning Comment: The proposed Temporary Use By-Law (“TUB”) is to authorize the existing

development and uses on site, by extending the previously approved variances that permitted

construction in 2014. Phase 3 has not been constructed as of yet, therefore the Committee of

Adjustment decision approving those variances will lapse in 2019. To provide additional time for

Phase 3 to be considered and advanced, the proposed TUB extends the approval of those

variances for a further 3 years from date of enactment.

6.1.2 Section 2 - Provincial Interest

2 The Minister, the council of a municipality, a local board, a planning board and the

Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among

other matters, matters of provincial interest such as,

(a) the protection of ecological systems, including natural areas, features and

functions;

(b) the protection of the agricultural resources of the Province;

(c) the conservation and management of natural resources and the mineral

resource base;

(d) the conservation of features of significant architectural, cultural, historical,

archaeological or scientific interest;

(e) the supply, efficient use and conservation of energy and water;

(f) the adequate provision and efficient use of communication, transportation,

sewage and water services and waste management systems;





(h) the orderly development of safe and healthy communities;

(i) the adequate provision and distribution of educational, health, social, cultural

and recreational facilities;

(m) the co-ordination of planning activities of public bodies;

(o) the protection of public health and safety;

(p) the appropriate location of growth and development;

Planning Comment: As the subject property has already been developed, and is within an

existing built-up area, there are no concerns relating to the protection of natural resources,

ecological and agricultural systems.

The future planning direction for the subject property and surrounding area is in flux, due to the

location within an emerging Urban Centre in the Council-adopted Grow Bold Official Plan (“Grow

Bold”) that has not been approved by the Regional Municipality of Halton. Therefore, the TUB is

the appropriate mechanism; to provide additional time to figure out the planning direction for

Phase 3 to adequately develop safe and healthy communities, and appropriately locate growth

and development.

Public works and by-laws to conform with plan

24 (1) Despite any other general or special Act, where an official plan is in effect, no public work

shall be undertaken and, except as provided in subsections (2) and (4), no by-law shall be

passed for any purpose that does not conform therewith.

Planning Comment: The City of Burlington Council has adopted the Grow Bold Official Plan,

which represent the Planning Department’s current position on the most appropriate form of re-

development for the subject property and surrounding area. It has not been approved by Halton

Region, therefore the current Official Plan is still in effect. The TUB recognizes and conforms to

the current Official Plan, while providing additional time for policy review changes for an area

that is likely to redevelop once Grow Bold is in effect.

Planning Act Conclusion: The proposed Temporary Use By-Law is subject to Section 34 of the

Planning Act, as an amendment is required to City of Burlington Zoning By-Law 2020. Therefore

the application for a TUB will processed in accordance with Section 34 of the Planning Act. The

proposed zoning by-law amendment to authorize the Temporary Use is consistent with matters

of provincial interest under Section 2 of the Planning Act

6.2 Provincial Policy Statement 2014

The Provincial Policy Statement (the “PPS”) 2014 provides policy direction on matters of provincial

interest regarding land use planning and sets the foundation for land use planning and

development regulations. Main considerations of this document pertain to protecting resources of

provincial interest, the built and natural environmental, and public health and safety. The PPS

focuses growth within Settlement Areas and away from significant or sensitive resources and

areas which may pose a risk to public health and safety. It recognizes that the wise management

of development may involve directing, promoting or sustaining growth. Land use must be carefully

managed to accommodate appropriate development to meet the full range of current and future

needs, while achieving efficient development patterns.

The PPS was issued under Section 3 of the Planning Act and came into effect on April 30, 2014.

In this regard, Section 3 of the Planning Act requires that land use planning decisions be

consistent with the PPS. The PPS provides direction for municipal planning documents and to

individual site-specific developments. Municipal Official Plans are to be consistent with the PPS.

The PPS applies to all decisions in respect of the exercise of any authority that affects a planning





matter. Therefore, the proposed concept plan is subject to and assessed against the applicable

policies of the PPS.

Section 1 of the PPS focuses on building strong, healthy Communities. Sub-Section 1.1 provides

direction for managing and directing land use to achieve efficient and resilient development and

land use patterns.

1.0 Building Strong Healthy Communities

1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development

and Land Use Patterns

1.1.1 Healthy, liveable and safe communities are sustained by:

a. promoting efficient development and land use patterns which sustain the financial well-

being of the Province and municipalities over the long term;

b. accommodating an appropriate range and mix of residential (including second units,

affordable housing and housing for older persons), employment (including industrial and

commercial), institutional (including places of worship, cemeteries and long-term care

homes), recreation, park and open space, and other uses to meet long-term needs;

c. avoiding development and land use patterns which may cause environmental or public

health and safety concerns;

e. promoting cost-effective development patterns and standards to minimize land

consumption and servicing costs;

1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix

of land uses to meet projected needs for a time horizon of up to 20 years. However, where an

alternate time period has been established for specific areas of the Province as a result of a

provincial planning exercise or a provincial plan, that time frame may be used for municipalities

within the area.

1.1.3 Settlement Areas

1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and

regeneration shall be promoted.

1.1.3.2 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;

3. minimize negative impacts to air quality and climate change, and promote

energy efficiency;

4. support active transportation;

5. transit-supportive, where transit is planned, exists or may be developed; and

6. are freight-supportive; and

b. a range of uses and opportunities for intensification and redevelopment in accordance

with the criteria in policy 1.1.3.3, where this can be accommodated.

1.1.3.3 Planning authorities shall identify appropriate locations and promote opportunities for

intensification and redevelopment where this can be accommodated taking into account existing





building stock or areas, including brownfield sites, and the availability of suitable existing or

planned infrastructure and public service facilities required to accommodate projected needs.

Intensification and redevelopment shall be directed in accordance with the policies of Section 2:

Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety.

1.1.3.4 Appropriate development standards should be promoted which facilitate

intensification, redevelopment and compact form, while avoiding or mitigating risks to public

health and safety.

1.1.3.5 Planning authorities shall establish and implement minimum targets for intensification

and redevelopment within built-up areas, based on local conditions. However, where provincial

targets are established through provincial plans, the provincial target shall represent the minimu

m target for affected areas.

Planning Comment: As stated before, the subject property is located within an existing

settlement area and an emerging Urban Centre, where opportunities for redevelopment and

intensification are likely to occur. The TUB allows additional time to ensure that sufficient land is

available for an appropriate range and mix of land uses, promoting efficient development and

land use patterns, minimizing land consumption, while planning policy changes are undergoing.

Further planning policy changes will establish and implement minimum targets for intensification

and redevelopment, and appropriate development standards, to which the development

proposal for Phase 3 can take into account.

The proposed application also ensure the current tenants and uses remain, through the

extension of the approval of the zoning variances that permitted the construction of the building

and the ability of various commercial uses to operate within. The proposed amendments to

permit the reduction of the minimum number of required parking spaces for retail commercial

and outdoor patio is consistent with the direction of the Provincial Policy Statement as the

subject property is located along a proposed frequent Transportation Corridor; therefore the

development is currently transit supportive and should remain so. The Temporary Use By-Law

permits the existing buildings, which are all fully leased, through changes to the floor area for

retail and service commercial uses, thereby sustaining the financial wellbeing of the municipality.

1.3 Employment

1.3.1 Planning authorities shall promote economic development and competitiveness by:

a. providing for an appropriate mix and range of employment and institutional uses to meet

long-term needs;

b. providing opportunities for a diversified economic base, including maintaining a range

and choice of suitable sites for employment uses which support a wide range of

economic activities and ancillary uses, and take into account the needs of existing and

future businesses;

c. encouraging compact, mixed-use development that incorporates compatible

employment uses to support liveable and resilient communities; and

d. ensuring the necessary infrastructure is provided to support current and projected

needs.

1.3.2 Employment Areas

1.3.2.1 Planning authorities shall plan for, protect and preserve employment areas for

current and future uses and ensure that the necessary infrastructure is provided to support

current and projected needs.

1.3.2.2 Planning authorities may permit conversion of lands within employment areas to non-

employment uses through a comprehensive review, only where it has been demonstrated that





the land is not required for employment purposes over the long term and that there is a need for

the conversion.

1.3.2.3 Planning authorities shall protect employment areas in proximity to major goods

movement facilities and corridors for employment uses that require those locations.

1.3.2.4 Planning authorities may plan beyond 20 years for the long-term protection of

employment areas provided lands are not designated beyond the planning horizon identified in

policy 1.1.2.

Planning Comment: Though the subject property is not designated as an employment area

within the Region of Halton Official Plan, it is intended to serve as an employment/ commercial

use within the context of the surrounding Up Town Mixed Use Centre area in the current

Burlington Official Plan. The Grow Bold Council Approved Official Plan designates the subject

lands as Uptown Core, which is intended to accommodate higher intensity mixed use

development.

The Temporary Use By-Law (“TUB”) allows the land owner additional time to build Phase 3 of

the development, or consider redevelopment of a more intense nature, while Grow Bold Official

is being reviewed and (ultimately) approved, and the policy direction for the surrounding area is

being determined, which is leaning towards fostering economic development and compact mixed

use developments on the subject property, which will integrate compatible employment uses in

the area.

Section 1.6 provides a range of policies under the subject heading of infrastructure and public

service facilities.

Planning Comment: The temporary use by-law permits an existing development, therefore any

issues concerning infrastructure, sewage and water systems have already been considered

through the site plan process.

1.7 Long-Term Economic Prosperity

1.7.1 Long-term economic prosperity should be supported by:

a. promoting opportunities for economic development and community investment-

readiness;

b. optimizing the long-term availability and use of land, resources, infrastructure, electricity

generation facilities and transmission and distribution systems, and public service

facilities;

c. maintaining and, where possible, enhancing the vitality and viability of downtowns and

mainstreets;

d. encouraging a sense of place, by promoting well-designed built form and cultural

planning, and by conserving features that help define character, including built heritage

resources and cultural heritage landscapes;

e. promoting the redevelopment of brownfield sites;

f. providing for an efficient, cost-effective, reliable multimodal transportation system that is

integrated with adjacent systems and those of other jurisdictions, and is appropriate to

address projected needs to support the movement of goods and people;

Planning Comment: The proposed TUB aids in the long-term economic prosperity of the City of

Burlington, through contemplating the construction of additional higher intensity development of

mixed use nature. This will provide the opportunity to promote economic development and

enhance the viability of the Uptown Core and Appleby Line.





Provincial Policy Statement Conclusion: The proposed Temporary Use By-Law is consistent

with the PPS 2014, as it allows additional time to contemplate the planning direction for the

subject property, which is likely to redevelop and intensify, which will:

Contribute to the range and mix of land uses, facilitating the implementation of a complete

community

Foster compact mixed use development, integrating compatible employment uses

As such, the requested TUB will be consistent with the Provincial Policy Statement, issued under

Section 3 (1) of the Planning Act.

6.3 Growth Plan for the Greater Golden Horseshoe 2017

The Growth Plan for the Greater Golden Horseshoe (the “Growth Plan”) 2017 was prepared and

approved under the Places to Grow Act, 2005. The Growth Plan took effect on July 1, 2017 and

is applicable to the subject lands. The Growth Plan provides policies to guide future growth and

development, where the major goals are to provide affordable housing, improving transportation

options, encourage social equity and a strong economy, while protecting the natural environment.

The Growth Plan guides development in the Greater Golden Horseshoe (“GGH”) to a time horizon

to the year 2041. Section 5(b) of the Planning Act requires decisions that affect planning matters

to conform to Provincial plans, including the Growth Plan, or shall not conflict with them, as the

case may be. The following policies discussed are particularly applicable to the subject property

and proposed application.

Section 2: Where and How to Grow

2.2.1 Managing Growth

4. Applying the policies of this Plan will support the achievement of complete

communities that:

a. feature a diverse mix of land uses, including residential and employment uses, and

convenient access to local stores, services, and public service facilities;

e. ensure the development of high quality compact built form, an attractive and

vibrant public realm, including public open spaces, through site design and urban design

standards;

2.2.2 Delineated Built-up Areas

4. All municipalities will develop a strategy to achieve the minimum intensification target

and intensification throughout delineated built-up areas, which will:

a. encourage intensification generally to achieve the desired urban structure;

b. identify the appropriate type and scale of development and transition of built form to

adjacent areas;

c. identify strategic growth areas to support achievement of the intensification target and

recognize them as a key focus for development;

d. ensure lands are zoned and development is designed in a manner that supports the

achievement of complete communities;

e. prioritize planning and investment in infrastructure and public service facilities that will

support intensification; and

f. be implemented through official plan policies and designations, updated zoning and

other supporting documents.





Planning Comment: The Grow Bold Official Plan represents the City of Burlington’s

contemporary strategy to achieve minimum intensification targets in the built-up area. Within the

Council-adopted Plan, the subject property and surrounding area is designated as a Strategic

Growth Area and Uptown Core, that will feature a diverse mix of land uses and high quality

compact built form. As the Official Plan has not been yet approved by the Regional Municipality

of Halton, the process is undergoing. Nevertheless, the subject property is proposed to undergo

changes that will likely cause intensification and the redevelopment of the proposed Phase 3

standalone office building, or the Owner may choose to purse redevelopment of a more

comprehensive nature under Grow Bold policies, when in effect.

However, as mentioned above, the variances that approved the construction of the existing

development will lapse in March 2019, as the construction of Phase 3 has not been

implemented. The TUB retains the existing tenants and uses, while recognizing the different

planning directions that the existing development is subject to, which will identify the appropriate

type and scale of development for the subject property. Additional time is required to finalize the

development standards, therefore the more appropriate approach is to wait for the policy

changes to be finalized, ensuring that development is designed in a manner that supports the

achievement of complete communities.

2.2.5 Employment

3. Retail and office uses will be directed to locations that support active transportation and

have existing or planned transit.

4. In planning for employment, surface parking will be minimized and the development

of active transportation networks and transit-supportive built form will be facilitated.

Planning Comment: The proposed amendments to permit the reduction of the minimum

number of required parking spaces for retail commercial and outdoor patio contained within the

TUB conforms to policy direction set out by the Growth Plan. The minimization of surface

parking will facilitate the existing development to be more transit supportive.

Growth Plan for the Greater Golden Horseshoe Conclusion: The proposed Temporary Use

By-Law conforms to the Growth Plan for the Greater Golden Horseshoe, as it facilitates the

approval of an existing building, which had reduced parking requirements, supporting the

development of transit supportive built form. It extends the variance approval for the existing

building, while recognizing that additional time is needed to determine the planning direction the

subject property is subject to, which is likely to undergo changes that will

Contribute in achieving a diversity of land uses to the Uptown Core to support a complete

community

Encourage intensification within the Strategic Growth Area, to meet minimum

intensification targets

As such, the requested Temporary Use By-Law conforms to the Growth Plan for the Greater

Golden Horseshoe.

6.4 Region of Halton Official Plan

The subject lands are within the geographic area subject to the Region of Halton Official Plan

(“ROP”). For the purposes of this report, the version of the ROP sourced and used was the

June 19, 2018 Office Consolidation, accessed at

http://www.halton.ca/cms/One.aspx?portalId=8310&pageId=115808

The Regional Official Plan (ROP) is Halton’s guiding document for land use planning. It contains

the goals, objectives, and policies that manage growth and direct physical change and its effects

on the social, economic and natural environment of the Region. The most recent review to the

http://www.halton.ca/cms/One.aspx?portalId=8310&pageId=115808





Regional Official Plan was conducted in 2009, and approved with modifications by the Minister

of Municipal Affairs and Housing in 2011, and subsequently appealed and adjudicated by the

Ontario Municipal Board from 2012 – 2017, with certain site specific appeals remaining. Halton

Region is currently undertaking a review of the Regional Official Plan, with the first phase of the

review complete. The following policies, designations, and planning comments apply to the

subject lands.

SCHEDULE DESIGNATION

1 – Regional Structure Urban Area

1-C – Future Strategic

Employment Area

At the edge of Regional Employment Area

3 – Major Transportation Facilities Appleby Line: Major Arterial Road & High Order Transit

Corridor

Part III Urban Area

72. The objectives of the Urban Area are:

1. To accommodate growth in accordance with the Region's desire to improve and

maintain regional unity, retain local community identity, create healthy communities,

promote economic prosperity, maintain a high quality, sustainable natural environment,

and preserve certain landscapes permanently.

2. To support a form of growth that is compact and supportive of transit usage and non-

motorized modes of travel, reduces the dependence on the automobile, makes efficient

use of space and services, promotes live-work relationships and fosters a strong and

competitive economy.

3. To provide a range of identifiable, inter-connected and complete communities of various

sizes, types and characters, which afford maximum choices for residence, work and

leisure.

10. To provide for an appropriate range and balance of employment uses including

industrial, office and retail and institutional uses to meet long-term needs.

76. The range of permitted uses and the creation of new lots in the Urban Area will be in

accordance with Local Official Plans and Zoning By-laws. All development, however,

shall be subject to the policies of this Plan

Planning Comment: Though the subject property is not designated as an employment area

within the Region of Halton Official Plan, as seen in Figures 6-1 & 6-2, it is intended to serve as

an employment/ commercial use within the context of the surrounding UpTown Mixed Use

Centre area in the current Burlington Official Plan. However, Council adopted the Grow Bold

Official Plan, which is the municipal planning department’s current position on the most

appropriate form of redevelopment in the Uptown Centre. The temporary use by-law recognizes

that additional time is required because of the flux of planning direction for the subject property,

which is anticipated to accommodate growth that aids in the achievement of a complete

community and is transit supportive while retaining the existing tenants and uses on the existing

building that provide Uptown Residents with retail and service commercial uses.





Figure 6-1 - ROP Map 1 - Regional Structure Excerpt

Figure 6-2 - ROP Map 1-C - Future Strategic Employment Areas Excerpt

Part IV Transportation

172. The objectives of the Region are:

2. To develop a balanced transportation system that:

a) reduces dependency on automobile use;





b) includes a safe, convenient, accessible, affordable and efficient public transit

system that is competitive with the private automobile; and

c) promotes active transportation

Planning Comment: The subject property is located along a Higher Order Transit Corridor, as

seen in Figure 6-3. The proposed amendments to permit the reduction of the minimum number

of required parking spaces for retail commercial and outdoor patio, contained within the TUB

facilitates the existing development that is more transit supportive and reduces dependency on

automobile use.

Figure 6-3 - ROP Map 3 - Functional Plan of Major Transportation Facilities Excerpt

Halton Region Official Plan Conclusion: The proposed Temporary Use By-Law is in

conformity with the Regional Official Plan as it facilitates the approval of an existing building,

which had reduced parking requirements, supporting the development that will reduce auto-

dependency and promote transit and active transportation. It recognizes that additional time is

needed to determine the development standards, due to the flux of planning directions and the

review of the current planning documents at the Regional and local level. Therefore the subject

property is likely to undergo changes that will adhere to the policies for Urban Area, such as:

Facilitate the achievement of complete communities, that will promote economic

prosperity

Accommodate compact growth that reduces dependence on the automobile

As such, the requested Temporary Use By-Law conforms to the Halton Regional Official Plan.

6.5 City of Burlington Official Plan

The City of Burlington Official Plan is a document that sets out a long term vision for the future of

Burlington. It contains goals and policies to guide the City’s decisions on growth, land use and

good design. The Official Plan was approved by the Ontario Municipal Board in 2008. On April

26, 2018, Burlington City Council adopted Grow Bold; Burlington Official Plan, which represents





the Planning Department’s current position on future. Until the plan is approved at the Regional

level of government, the City of Burlington’s current Official Plan remains in effect.

For the purposes of this report, the version utilized was the October 2017 office consolidation

available online at https://www.burlington.ca/en/services-for-you/Official-Plan.asp .


A – Settlement Pattern Mixed Use Activity Area

B -Comprehensive Land Use

Pattern

Mixed Use Centre

F – UpTown Mixed Use Centre

Land Use Plan

Uptown Employment

J – Classification of Transportation

Facilities

Major Arterial

6.5.1 Part VI

3.0 Interpretation

3.2 Policies

d) Where lists or examples of permitted uses are provided in Parts III, IV and V of

the Plan, they are intended to indicate the possible range and type of uses that

are to be considered. Specific uses that are not listed, but are considered by

City Council to be similar to the listed uses and to conform to the general intent

the applicable land use designation, may be recognized as a permitted use.

e) Minor variations from numerical requirements in the Plan may be permitted

without a Plan amendment, provided the general intent of the Plan is

maintained.

Planning Comment: The section above provides guidance on how to interpret the contents of

the Official Plan; and states that minor changes to numerical requirements are permitted without

a Plan amendment. The provisions within the proposed Temporary Use By-Law were permitted

during the Minor Variance Process in 2014, therefore they are considered minor from the

requirements within the Official Plan and meet the general intent of the Official Plan.

6.5.2 Part II

3.0 Transportation

3.2 General

3.2.1 Objectives

d) To encourage alternative travel by creating an urban environment that

encourages walking, cycling and transit use and increases opportunities to live

close to work and satisfy day-to-day needs locally without relying on the

automobile.

3.2.2 Policies

j) Reduced parking ratios and/or standards and/or on-street parking ratios and/or

standards may be permitted subject to evaluation by the City of the

https://www.burlington.ca/en/services-for-you/Official-Plan.asp





appropriateness of such standards, and implemented through the approval of

development applications or other City initiatives.

k) Opportunities for the sharing of parking in mixed use developments will be

considered subject to an evaluation by the City.

Planning Comment: The proposed amendment to reduce the minimum parking requirement

from 335 parking spaces to 315 parking spaces as well as to permit that the outdoor patios in

association with a restaurant to not require any parking spaces authorize the approval of an

existing development. The reductions to the minimum requirement facilitates the shared parking

strategy between all of the tenants, which encourages alternative forms of travel such as active

and transit transportation along a Major Arterial Road, that is proposed to facilitate higher orders

of transit, as seen in Figure 6-7.

Figure 6-4 - COP - Schedule J - Classification of Transportation Facilities South of No 1 Side Road Excerpt

6.0 Design

6.5 Design guideline policies

d) The creation of a continuous and harmonious streetscape environment shall be

encouraged with emphasis on maintaining the continuity of grade-related

activity areas, both inside and outside of buildings.

Planning Comment: The provision within the proposed TUB to authorize that Phase 1 of

Building is allowed to be 1 storey, instead of the minimum requirement of two stories, creates a

continuous streetscape along Ironstone Drive, which has a similar built form of single storey

retail and commercial buildings. Therefore the proposed reduction in height is to maintain the

continuity and harmony of the built form. The proposed provision that the second storey of

Building 2 may be permitted to be a minimum 9% of the area of the first storey, instead of the

minimum 50% requirement, encourages a harmonious streetscape environment conducive to

pedestrian activities as the built form does not create a visually imposing streetscape.

g) The location, amount, position and design of parking areas shall be reviewed to

minimize their potential to erode the qualities of the public streetscape, and to





lessen their visual impact. City Council shall require landscaped islands and

screening in the design of large parking lots.

Planning Comment: The amendment within the TUB to permit the extension of variances granted in 2014 conforms to the above policy, as it permits the parking area to be divided by a landscape island measuring 2.6 metres, instead of the minimum requirement of a 3.0 metres landscaped portion.

6.5.3 Part III

Section 5.0 Mixed Use Activity Area

5.2 General

5.2.1 Objectives

b) To ensure Mixed Use Activity Areas are developed in a compact urban form,

are pedestrian-oriented and highly accessible by public transit, and foster

community interaction.

5.2.2 Policies

d) The design and development of Mixed Use Activity Areas shall promote these

areas as focal points for community activities that are characterized by a

compact form of development, pedestrian-orientation, greater accessibility to

public transit and higher intensity development.

j) In order to balance pedestrian and vehicular movements in a safe and efficient

manner, various approaches may be considered, including shared parking

facilities in central locations, and/or on-street parking where deemed

appropriate by detailed studies

l) The City may consider the use of reduced parking standards in Mixed Use

Activity Areas in order to encourage greater reliance on nonautomobile forms of

transportation.

Planning Comment: The proposed amendment to reduce the minimum parking requirement

from 335 parking spaces to 315 parking spaces as well as to permit that the outdoor patios, in

association with a restaurant do not require any parking spaces conforms to the objective of the

Mixed Use Activity Area, (Figure 6-4), which is to reduce parking standards in order to

encourage active transportation and transit usage. The existing development strives to create a

pedestrian oriented environment, with at grade activity areas and a reduction in shadowing

impacts from potentially visually imposing built form, through authorizing the reduction for the

minimum requirement for the floor area of second storeys and in height.





Figure 6-5 - COP Schedule A - Settlement Pattern Excerpt

5.4 Mixed Use Centre

5.4.2 Policies

a) The following uses may be permitted in Mixed Use Centres:

(i) a wide range of retail, service commercial and personal service uses;

financial institutions and services; a broad range of office uses;

employment, entertainment, recreation and other community facilities

such as day care centres; and

Planning Comment: As seen in Figure 6-5¸ the subject property is designated as a Mixed Use

Centre, which permit a wide range of retail and service commercial uses. Therefore, the current

Temporary Use By-Law application contains provisions to reduce the minimum required floor for

the main building while also increasing the maximum percentage of the combined floor area for

retail and service commercial uses thus authorizes the existing wide range of retail and service

commercial uses.

d) A range of building heights shall be permitted

Planning Comment: As a range of building heights are permitted, the proposed extension of

the variance approved in 2014 for the reduction of the minimum required building height of 2

storeys to 1 storey for Building 1 conforms to the Mixed Use Centre designation.

g) The design and development of Mixed Use Centres shall ensure compatibility

between the Mixed Use Centre uses and adjacent uses. The following factors

shall be considered in reviewing proposals for new and/or expanding Mixed Use

Centre uses:

(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;

OPA 55 ;





(iii) the site plan promotes safe, convenient and barrier-free pedestrian

travel within the site, between the site and adjacent uses, and to and

from transit stops;

Planning Comment: The intent of the Mixed Use Centre is to provide a pedestrian oriented

environment. The proposed application to authorize the existing buildings facilitates a conducive

environment towards pedestrians, through the reduction of the minimum required floor area for

second storeys from 50% to 9% for Building 2 ensures that the height of the buildings do not

overpower the streetscape and are appropriately pedestrian scaled to provide a sense of human

comfort given the current context. More intensified form may be pursued later, on a

comprehensive basis, to pursue a pedestrian-oriented development with taller building heights.

m) Reduced parking standards, shared parking formulae and/or on-street parking

may be permitted on Mixed Use Centre lands to reflect the increased intensity

of development and accessibility by transit and other modes of travel.

Opportunities for the sharing of parking in mixed use developments may be

considered subject to evaluation by the City

Planning Comment: The subject lands is located along a Major Arterial Road, which is served

by frequent transit service. Therefore, reduced parking standards and shared parking formulae

are an appropriate strategy as the existing development contains a variety of commercial and

retail uses that can share parking spots.

Figure 6-6 - COP - Schedule B - Comprehensive Land Use Plan - Urban Area Excerpt

5.6 Uptown Mixed Use Centre

5.6.1 Principles

c) Development is likely to proceed over an extended period of time, as a result,

development while meeting the City's objectives for the area, may initially occur

at intensities which are less than the maximums permitted.

5.6.2 Objectives





c) To recognize the long-term nature of the development and provide the flexibility

in the design approach to any specific project, provided the City's objectives for

the area achieved.

Planning Comment: The subject lands are located within the Uptown Mixed Use Centre,

depicted in Figure 6-6. As stated in the principle above, development within Uptown Mixed Use

Centre is likely to proceed over an extended period of time, therefore the direction for

development is likely to change and is in a flux. As it is to proceed over time, the TUB provides

additional time and flexibility required to understand the changing policy direction and objective

of municipal planning staff for the surrounding area and subject property

5.6.3 General Policies

f) The City shall encourage the design of all development in the Uptown Mixed

Use Centre to provide a safe, functional and attractive pedestrian environment.

This is a particular concern for properties along Appleby Line and the north side

of Upper Middle Road, as well as the public road allowances. The urban nature

of the area shall be recognized through the inclusion of a combination of

features including:

(i) minimizing the visual impact of parking areas by controlling the amount

of parking permitted in the front of buildings and providing breaks in

parking areas through the use of landscaping and the positioning of

buildings to create smaller areas, while still ensuring the creation of

functional areas;

Planning Comment: As the subject property is located along Appleby Line, the existing

development strives to provide an attractive pedestrian oriented environment; based on the

existing reduction of the minimum required floor area for second storeys from 50% to 9% for

Building 2.

5.6.12 Uptown Mixed Use Corridor- Employment Area

a) The following uses may be permitted in the Uptown Mixed Use Corridor-

Employment Area designation:

(i) retail and service commercial uses including business and

administration uses, but, excluding automotive commercial uses;

d) All retail and service commercial use shall be located at grade or below grade

level in buildings of 3,000 sq. m or greater in size containing the other permitted

uses, provided that retail uses shall be limited to retail stores up to a maximum

of 300 sq. m.

Planning Comment: Figure 6-6 depicts the subject lands to be designated within the Uptown

Mixed Use Corridor – Employment Area. The proposed TUB contains provisions to permit retail

and service commercial uses in Phase 1 of Building 1 with a minimum floor area of 2,040 square

metres and in Phase 2 of Building 2 with a minimum floor are of 2, 980 square metres, rather

than the required floor area of 3,000 square metres. In our opinion, the requested amendment is

a minor variation from the numerical requirement, as it is a minor reduction of approximately 900

square metres and still maintains the intent of the designation when viewed in the context of

potential future development (i.e. Phase 3 or a comprehensive site redevelopment), thus it was

permitted within the minor variance approval.





Figure 6-7 - Online Mapping Excerpt - Schedule F - Uptown Mixed Use Centre - Land Use Plan

City of Burlington Official Plan Conclusion: The proposed amendments, contained within the

Zoning By-Law Amendment permitting the Temporary Use By-Law and the existing development

are in conformity with the current City of Burlington Official Plan as it;

Encourages alternative travel by maintaining a pedestrian-oriented environment that

encourages walking and transit use

Reduces the dependence on automobile usage by reducing the minimum required parking

spaces

Authorizes the existing tenants and uses through a minor reduction of the numerical

requirement of a minimum building floor area for retail and service commercial uses, which

does not require an Official Plan Amendment

Provides additional time and flexibility required to understand the changing policy direction

and objective of municipal planning staff for the surrounding area and subject property

6.6 City of Burlington Council Adopted Grow Bold Official Plan

As stated before, the subject lands are within the geographic boundary of the City bounded by

the Council-adopted Grow Bold Official Plan (“Grow Bold”). At the time of writing this report, the

Council-adopted Plan was with the Region of Halton for review, as per the requirements of the

Planning Act. For the purposes of this report, the Further, as noted in Formal Pre-consultation

meeting, City staff requested that this PJR address and analyze the proposed TUB within Grow

Bold policies and schedules. In our opinion, doing so is appropriate in the context of the

proposed initial 3 year duration for the TUB, which would allow the existing development to

remain, with established legal permissions through appropriate provisions for land use, parking,

etc, while the over-arching policy framework proposed through Grow Bold eventually takes

effect.






A – Urban Structure Mixed Use Intensification Area

Urban Centre

B-1 – Growth Framework Primary Growth Area

B-2 – Growth Framework and Long-

term Frequent Transportation

Corridors

Frequent Transit Corridor

Secondary Mobile Hub Connector

C – Land Use Urban Centre

Mixed Use Intensification Area

E – Uptown Land Use Plan Uptown Core

Uptown Corridor

6.6.1 Chapter 12

12.1.10 TEMPORARY USE BY-LAWS

12.1.10 (1) OBJECTIVE

a) To authorize the temporary use of land, buildings or structures for any purpose that would otherwise be prohibited, where it can be demonstrated that the objectives of the plan are maintained.

12.1.10(2) POLICIES

a) The City may pass a by-law under The Planning Act to authorize the temporary use of land, buildings or structures, provided: (i) the use is demonstrated to be temporary in nature; (ii) the use shall be consistent with the general intent of this Plan; (iii) the use is compatible with adjacent uses; (iv) an agreement is entered into with the City related to the

development of the temporary use; and (v) an agreement is entered into with the City agreeing to terminate the

use upon expiry of the temporary use by-law. b) This by-law shall define the area to which it applies and shall specify the

period of time for which the authorization shall be in effect, which shall not exceed three (3) years from the day of passing of the by-law.

Planning Comment: The proposed TUB is to authorize the existing buildings on site, by

extending the previously approved variances that permitted development in 2014. The minor

variance approval was granted, in part under the condition that the Phase 3 had to be

constructed, however it has not been constructed as of yet, due to the emerging planning policy

direction for the area. Therefore the Committee of Adjustment decision approving those

variances will lapse. During the Formal Consultation process, municipal staff indicated that a

Temporary Use By-Law is the appropriate mechanism to provide additional time to determine if

the uses will be temporary in nature, or further redevelopment of the property would occur due to

the different planning directions for the Uptown Core as proposed through Grow Bold.

As the provisions contained within the TUB were approved minor variances, the Committee of

Adjustment has already found them to consistent with the general intent of the Official Plan and

compatible with the adjacent uses, which are also of a retail service commercial nature.





12.2 INTERPRETATION

k) Where lists or examples of permitted uses are provided in Chapters 8, 9 and 10 of the Plan, they are intended to indicate the possible range and type of uses that may be considered. Specific uses that are not listed, but are considered by the City to be similar to the listed uses and to conform to the general intent of the applicable land use designation, may be recognized as a permitted use.

m) Minor variations from numerical requirements in the Plan may be permitted without a Plan amendment, provided the general intent of the Plan is maintained.

Planning Comment: Similar to the existing Official Plan, this section provides guidance on how

to interpret the contents of the Official Plan; and states that minor changes to numerical

requirements are permitted without a Plan amendment. The provisions within the proposed

Temporary Use By-Law were permitted during the minor variance process in 2014, therefore

they are considered minor from the requirements within the Official Plan and maintain the

general intent of the Official Plan.

Chapter 1

May - implies that there is discretion and flexibility or that criteria are to be satisfied in the

application of an Official Plan policy.

6.6.2 Chapter 2

2.3.1 Mixed Use Intensification Area

a) Lands identified as Mixed Use Intensification Areas provide locations where a range and intensity of employment, shopping, public service facilities, residential uses and complementary uses such as open space and parks, institutional, and cultural uses will be developed with transit supportive densities in compact built form. Walking, biking, transit and other transportation demand management measures will be prioritized. Mixed Use Intensification Areas will offer substantial development opportunities and represent a key element in this Plan's strategy to accommodate and direct growth in the city over the planning horizon and beyond.

Urban Centre e) Lands identified as Urban Centres provide for a broad range and mix of uses

in areas of higher, yet appropriate, intensity in relation to the surrounding neighbourhoods, in accordance with the underlying land use designations. They bring a variety of public service facilities and a mix of other uses such as retail uses to support residents and employees.

Planning Comment: As seen in Figure 6-8, the subject property is located within a Mixed Use

Intensification Area and as an Urban Centre. The proposed amendment to reduce the minimum

parking requirement from 335 parking spaces to 315 parking spaces as well as to permit that the

outdoor patios, in association with a restaurant do not require any parking spaces conforms to

the objective of the Mixed Use Activity Area, which is to prioritize active transportation and transit

usage.

The existing development is fully leased and provides Uptown Residents with an extensive

variety of retail and service commercial uses. Therefore, the proposed application for Temporary

Use By-Law (“TUB”) ensure the current tenants and uses remain, through the extension of the





approval of the zoning variances that permitted the construction of the building; while allowing

flexibility and additional time to determine the direction for Phase 3, within approved and current

planning regime.

Figure 6-8 - Grow Bold - Schedule A - Urban Structure Excerpt

2.4.2. (1) Primary Growth Area

a) Primary Growth Area (iii) shall be regarded as the most appropriate and predominant location

for new tall buildings in accordance with the underlying land use designations, or the land use policies of an area-specific plan;

Planning Comment: The subject property is located within the Primary Growth Area, depicted in Figure 6-9, which is touted to be the predominant location for new tall buildings. Though the Grow Bold Official Plan has not been approved yet, the Official Plan contains the position from municipal planning staff on the most appropriate form of development. Therefore, the Temporary Use By-Law provides additional time for the policy regime for the subject area gets finalized, to which a different approach may be adopted for Phase 3 or the entire subject lands in terms of more intensified development.





Figure 6-9 - Grow Bold - Schedule B-1 - Growth Framework Excerpt

6.6.3 Chapter 6

6.2.3 Transit

6.2.3 (1) Objectives

c) To implement frequent transit corridors as important infrastructure to support community connectivity, facilitate intensification and increase ridership in the city’s growth areas.

Planning Comment: As the subject property is located along a Frequent Transit Corridor (Figure 6-10); the proposed amendment to reduce the minimum parking requirement from 335 parking spaces to 315 parking spaces as well as to permit that the outdoor patios, in association with a restaurant do not require any parking spaces will assist with facilitating the increase of ridership through encouraging alternative forms of travel such as active and transit transportation.





Figure 6-10 - Grow Bold - Schedule B-2 - Growth Framework and Long-term Frequent Transportation Corridors Excerpt

6.6.4 Chapter 7

7.2 Public Realm a) The design of the public realm shall address considerations such as, but not

limited to, the following: (iv) creating an attractive and comfortable environment for pedestrian

movement while preserving and complementing existing natural features;

7.3.2(1) PRIMARY AND SECONDARY GROWTH AREAS a) In Primary and Secondary Growth Areas, as shown on Schedule B-1: Growth

Framework, of this Plan, development shall promote a transit- supportive and pedestrian-oriented environment and ensure compatibility with adjacent land uses, particularly Established Neighbourhood Areas. (i) The design of development in Primary and Secondary Growth Areas

shall address the policies of Subsection 7.3.2 a) of this Plan, where applicable, and additional considerations such as, but not limited to, the following: c. massing new buildings to frame adjacent streets in a way that

respects the existing and planned street width but also provides for a pedestrian-scale environment;

g. creating an attractive and connected interface between the private and the public realms;

h. creating a continuous streetscape with emphasis on maintaining the continuity of grade-related activity areas, both inside and outside of buildings; and

Planning Comment: The provision within the proposed TUB to authorize that Phase 1 of Building is allowed to be 1 storey, instead of the minimum requirement of two stories, maintains a continuous streetscape along Ironstone Drive, which has a similar built form of single storey retail and commercial buildings. Therefore the proposed reduction in height is to maintain the continuity and harmony of the built form and grade related activity.





The proposed provision that the second storey of Building 2 may be permitted to be a minimum 9% of the area of the first storey, instead of the minimum 50% requirement, maintains a massing and form that creates harmonious streetscape environment conducive to pedestrian activities as the built form does not create a visually imposing streetscape.

6.6.5 Chapter 8

8.1 MIXED USE INTENSIFICATION AREAS 8.1.1 URBAN CENTRES 8.1.1(2) GENERAL POLICIES

l) In Urban Centres, development proponents considering the development of a site that contains an existing food store should retain the food store function as part of the overall development, to ensure the appropriate provision of day-to-day and weekly needs to current and future residents and employees in the surrounding area

8.1.1(4) UPTOWN URBAN CENTRE Uptown will also have development intensities which are generally higher than the surrounding communities. The highest intensity development shall be located in proximity to the intersection at Appleby Line and Upper Middle Road. Additional corridors of intensity will be located immediately along the following corridors: Appleby Line; Upper Middle Road; and Corporate Drive east of Appleby Line. The Uptown Urban Centre will be developed through multiple phases of development over time. Initial phases of development may have occurred at intensities which are less than the maximums permitted and may not be representative of future development objectives for the centre.

Planning Comment: As stated above, the existing buildings on the subject property are fully leased and provide Uptown residents with small scale restaurants and other retail and service commercial uses. As such, the TUB is the most appropriate mechanism to retain the existing tenants and uses, while providing additional time to determine where Phase 3 should be built as per the current site plan or can be redeveloped and intensified as per the direction of Council. 8.1.1(4.1) GENERAL OBJECTIVES

o) To ensure that parking requirements for all uses are shared where possible and based on the communal needs of the Uptown Urban Centre as a whole.

Planning Comment: The proposed amendment to reduce the minimum parking requirement from 335 parking spaces to 315 parking spaces as well as to permit that the outdoor patios, in association with a restaurant do not require any parking spaces facilitates a shared parking strategy between all of the tenants, which encourages alternative forms of travel such as active and transit transportation.





Figure 6 -11 - Grow Bold - Schedule C - Land Use Excerpt

8.1.1(4.4) UPTOWN CORE DESIGNATION 8.1.1(4.4.1) OBJECTIVES

a) To accommodate the highest intensity mixed use development and tallest buildings in a compact built form, in close proximity to the primary intersection at Appleby Line and Upper Middle Road.

b) To provide opportunities for a range of retail and service commercial uses, and public service facilities in locations that meet residents' goods and service needs.

c) To protect the planned commercial function in Uptown Core lands.

Planning Comment: As stated above, the existing buildings on the subject property are fully leased and provide Uptown residents with small scale restaurants and other retail and service commercial uses, therefore the TUB protects the commercial function of the Uptown Core, while providing an opportunity to accommodate higher intensity mixed use tall buildings through emerging policy direction, which has not yet been implemented. 8.1.1(4.4.2) POLICIES

a) The following uses may be permitted on lands designated Uptown Core: (ii) retail and service commercial uses;

b) Uses which may be permitted at-grade within a building shall be limited to the following: (i) retail and service commercial uses; (ii) a limited amount of office uses;

Planning Comment: Figure 6-12 depicts that Phase 3 of the development is located within the Uptown Core Designation. Therefore, retail and service commercial uses are permitted and do not necessarily have to be tied to an office building, in comparison to the condition implemented in the Minor Variance Application decision.

e) The City will encourage a minimum building height of two (2) storeys and the maximum building height shall not exceed twenty (20) storeys.

Planning Comment: The provision within the proposed TUB to authorize that Phase 1 of Building is allowed to be 1 storey, instead of the minimum requirement of two stories is a minor





variation from the numerical requirement, as it is a minor reduction of approximately 1 storey and still maintains the intent of the designation, thus it was permitted within the minor variance approval.

f) Any proposed development of sites designated Uptown Core shall retain the planned commercial function of the site, in accordance with the objectives of Subsections 8.1.1(4.4.1) b) and c) of this Plan, to the satisfaction of the City.

g) The Zoning By-law shall establish a maximum floor area and a maximum floor area at grade per individual retail and service commercial unit, based on such considerations as planned commercial function, built form, and contribution to achieving vibrant, active and walkable built environments in Uptown Core areas.

Planning Comment: The proposed TUB contains provisions to permit retail and service commercial uses in Phase 1 of Building 1 with a minimum floor area of 2,040 square metres and in Phase 2 of Building 2 with a minimum floor are of 2, 980 square metres, rather than the required floor area of 3,000 square metres. The Zoning By-Law has not been updated since the adoption of the Council Official Plan, therefore different standards may be established.

8.1.1(4.5) UPTOWN CORRIDOR DESIGNATION

8.1.1(4.5.2) POLICIES a) The following uses may be permitted on lands designated Uptown

Corridor: (ii) retail and service commercial uses;

b) Uses which may be permitted at grade within a building shall be limited to the following: retail and service commercial uses;

Planning Comment: Half of the subject property is designated as an Uptown Corridor, which

permits a wide range of retail and service commercial uses. Therefore, the current TUB

application contains provisions to reduce the minimum required floor area and increase the

maximum percentage of the combined floor area for retail and service commercial uses

authorize the existing wide range of retail and service commercial uses.

d) The City will encourage a minimum building height of two (2) storeys and the maximum building height shall not exceed eleven (11) storeys.

Planning Comment: The provision within the proposed TUB to authorize that Phase 1 of Building is allowed to be 1 storey, instead of the minimum requirement of two stories is a minor variation from the numerical requirement, as it is a minor reduction of approximately 1 storey and still maintains the intent of the designation, thus it was permitted within the minor variance approval.

e) The Zoning By-law shall establish a maximum floor area and a maximum floor area at grade per individual retail and service commercial unit, based on such considerations as planned commercial function, built form, and contribution to achieving vibrant, active and walkable built environments in Uptown Corridor areas.

Planning Comment: As stated before, the proposed Temporary Use By-Law contains provisions to permit a reduction of the minimum floor area of retail and service commercial uses. The Zoning By-Law has not been updated since the adoption of the Council Official Plan, therefore different standards may be established.





Figure 6-12 - Grow Bold - Schedule E – Uptown

City of Burlington Grow Bold Official Plan Conclusion: The proposed amendments,

contained within the Zoning By-Law Amendment permitting the Temporary Use By-Law and the





existing development are in conformity with the Council Adopoted City of Burlington Official Plan

as it:

Encourages a pedestrian oriented environment that encourages walking and transit use

by reducing the minimum required parking spaces

Authorizes the existing tenants and uses through a minor reduction of the numerical

requirement of the reduction of minimum height in terms of storeys which does not require

an Official Plan Amendment

Provides additional time and flexibility required to understand the changing policy direction

and objective of municipal planning staff for the surrounding area and subject property as

it is presented as primary growth area and a predominant location for new tall buildings

6.7 City of Burlington Zoning By-law 2020

The City of Burlington Zoning By-Law 2020 regulates the use of the lands, frontage and lot area

of a parcel of land, the proportion of land occupied by a building, structure or storage, and the

amount of landscaping.

As seen below in Figure 6-13, the subject property is zoned as UE (Uptown Core Employment).

Figure 6-13 - City of Burlington Online Zoning Map with 2017 Air photo Underlay





“UE” ZONE

PROVISIONS

REQUIRED

Permitted Uses Retail and Service Commercial may be permitted, if the required

minimum floor area is 3,000 square metres

Minimum Lot Width 15 metres

Minimum Lot Area 500 square metres

Maximum Front Yard 16 metres maximum for 75% of the building elevation abutting

Appleby Line

22 metres maximum thereafter

Maximum Street Side

Yard

16 metres maximum for 75% of the building elevation abutting

Appleby Line


Minimum Side Yard None

Minimum Rear Yard None

Minimum Building Height 2 storeys

Minimum Floor area of

Second Storey

50%

Maximum Building Height 28 metres

Maximum Floor Area

Ratio

1.0: 1

Maximum Floor Area for

Retail and Service

Commercial uses

50% of total building floor area

Landscaped Portion

Separating Parking Areas

Parking areas of 150 spaces shall separated from adjoining

parking areas by a 3 metre landscaped area

City of Burlington Zoning By-Law 2020 Conclusion: As seen in the Table above, the existing

development does not exactly conform to the Zoning By-law, therefore a Zoning By-Law

Amendment may be passed, under Section 34 to authorize the temporary use of the structure,

that is not permitted by the by-law, under Section 30 of the Planning Act.

7 Proposed Temporary Use By-law Content and Provisions

Under Section 39 of the Planning Act, a Zoning By-Law Amendment (“ZBLA”) may be passed,

under Section 34 to authorize the temporary use of a structure that is otherwise prohibited by the

by-law. Specifically, the proposed ZBLA is required to amend Map No. 23-E of the Zoning Maps,

to add the site specific Temporary Use By-Law (“TUB”) for an extension of three years, to the

existing “Uptown Core Employment” UE Zoning.





The proposed site-specific zone captures the planning approvals to permit the existing

development, is consistent and conforms to all applicable plans, as well as recognizes the time

needed to understand the complexity of the flux of different planning directions for the subject

site and surrounding Uptown Core area, with additional justification provided in section 6.1 – 6.7

of this report. Table 7-1 below show the requested changes in red to the existing zoning

provisions in the “UE” (Uptown Core Employment) Zone.

“UE” ZONE

PROVISIONS

REQUIRED EXISTING

Permitted Uses Retail and Service Commercial

may be permitted, if the required

minimum floor area is 3,000

square metres

Phase One of Building 1:

2, 044 square metres

Phase 2 of Building 2:

2, 983.4 square metres

Minimum Lot Width 15 metres 121 metres

Minimum Lot Area 500 square metres 20, 877 square metres

Maximum Front Yard 16 metres maximum for 75% of

the building elevation abutting

Appleby Line


11.6 metres

Maximum Street Side

Yard

16 metres maximum for 75% of

the building elevation abutting

Appleby Line


0.0 metres

Minimum Side Yard None 1.5 metres

Minimum Rear Yard None 13 metres

Minimum Building Height 2 storeys Phase 1 of Building 1: 1

storey

Minimum Floor area of

Second Storey

50% Building 2: 9%

Maximum Building Height 28 metres Building 1: 20 metres

Building 2: 10.5 metres

Maximum Floor Area

Ratio

1.0: 1 0.40: 1

Maximum Floor Area for

Retail and Service

Commercial uses

50% of total building floor area 74% for Phase 1 of Building

1 and Phase 2 of Building 2

Landscaped Portion

Separating Parking Areas

Parking areas of 150 spaces shall

separated from adjoining parking

areas by a 3 metre landscaped

area

Shall be separated by a 2.6

metre landscaped area





Appendix A – Approved Site Plan









Appendix – Minor Variance Approval Decision

















Appendix C – Draft Zoning By-Law Amendment

















Documents

1900 Appleby Line LJM Developments Inc. - Burlington...IBI GROUP PLANNING JUSTIFICATION REPORT 1900 APPLEBY LINE – LJM DEVELOPMENTS INC. Prepared for LJM Developments Inc. Table