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Planning and Building Department TO: Community Development Committee

SUBJECT: Proposed Zoning By-law Amendment for 4691 Palladium Way

Report Number: PB-32-12 File Number(s): 520-06/12

Report Date: August 7, 2012 Ward(s) Affected: 1 2 3 4 5 6 X All

Date to Committee: August 27, 2012 Date to Council: September 4, 2012

Recommendation: APPROVE the application for a Zoning By-law Amendment submitted Chamberlain Architect Services Limited, 5096 South Service Road, Suite 103, Burlington, ON, L7L 5H4 on behalf of 1782868 Ontario Limited to re-zone the lands at 4691 Palladium Way from BC1-319 to BC1-433 to permit a Place of Worship with site specific landscape buffer and setback requirements; and THAT following the payment of variable zoning fees, staff be instructed to prepare the By-law to amend Zoning By-law 2020, as amended, re-zoning the lands at 4691 Palladium Way from BC1-319 to BC1-433 with the exception number containing the following provisions: Yard abutting a street: 6 m minimum 9 m maximum Minimum Lot Area for Block 89, Plan 20M-1035: 0.4 ha Additional Permitted Use:

• Place of Worship Emergency residential shelters, Day Care Centres and an attached or detached manse or an accessory dwelling unit for a watchman and any other associated residential buildings are not permitted in conjunction with a Place of Worship. Notwithstanding Part I, Section 2.21 (d), the following regulations for Places of Worship apply:

• Minimum setback from any street line: 6m • Minimum setback from the westerly lot line: 7.5 m • Minimum setback from all other lot lines: 15m

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• Landscape area abutting a creek block along the northerly property line: 4m • Landscape area abutting a creek block along the westerly property line: 4m • Landscape area abutting a street having a deemed width of 26m or greater: 6m

Attached or detached manse or accessory dwelling unit for a watchman and any other associated buildings in conjunction with a Place of Worship are not permitted Except as amended herein, all other provisions of this By-law, as amended, shall apply.” DEEM that the amending Zoning By-law conforms with the Official Plan for the City of Burlington. File No: 520-06/12

Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

Part 1 of Burlington’s Strategic Plan- Burlington, Our Future deals with Vibrant Neighbourhoods and aims to “Create ongoing ways for residents and stakeholders to get involved in community life” (1.C). It also aims to “Promote walking and cycling-friendly neighbourhoods to ensure community safety and accessibility” (2.C). The proposed re-zoning application to permit a Place of Worship in the Alton Village community, if approved, will provide an avenue for residents to become engaged in their community and will also provide a walkable or cyclable option for area residents.

Background: The subject property is a part of the Alton Community and was initially created as a development block through the approval of the Argo Developments Plan of Subdivision in 2006. On March 27, 2012, the City of Burlington received a complete application from Chamberlain Architect Services Limited on behalf

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of 1782868 Ontario Limited to rezone the lands at 4691 Palladium Way from BC1-319 to BC1-433 to permit a Place of Worship.

Sketch 1: Area Sketch

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Report Fact Sheet

RECOMMENDATIONS: Approval with Conditions Ward No.: 6

App

licat

ion

Det

ails

APPLICANT/OWNER: Chamberlain Architect Services Limited; 1782868 Ontario Limited

FILE NUMBER: 520-06/12

TYPE OF APPLICATION: Zoning By-law amendment

PROPOSED USE: Place of Worship in a Business Corridor

Prop

erty

Det

ails

PROPERTY LOCATION: North side of Palladium Way, west of Appleby Line. South of Highway 407 and east of the Sheldon Creek.

MUNICIPAL ADDRESSES: DIMENSIONS:

4691 Palladium Way Width: 83.47m; Area: 0.61 ha

EXISTING USE: Vacant

Doc

umen

ts OFFICIAL PLAN Existing: Business Corridor

OFFICIAL PLAN Proposed: No change

ZONING Existing: BC1-319

ZONING Proposed: BC1-433

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essi

ng

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ails

KEY ISSUES: Sensitive land uses; future employment development; Places of Worship

NEIGHBOURHOOD MEETINGS: N/A

PUBLIC COMMENTS: Attached in Appendix 2

PROCESSING TIME: 5 months

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1.0 Background: Site and Application Details

1.1 Site Description

The subject property is municipally known as 4691 Palladium Way, as shown on Sketch 1 above. The site is located between Walker’s Line and Appleby Line, north of Dundas Street and south of Highway No. 407 on the north side of Palladium Way. The subject property is situated in the Alton Community and is currently vacant. The total lot area of the site is approximately 0.6 hectares, with an approximate frontage of 83 meters along Palladium Way. The property is immediately adjacent to the Sheldon Creek. Preliminary engineering has been completed through the development of the Alton (Argo) Plan of Subdivision. The site has been rough graded and municipal services have been extended onto the property to facilitate connections to the existing sanitary, water and storm sewers along Palladium Way.

1.2 Adjacent Land Uses

Below is a summary of adjacent land uses: • North: N-1 Diversion Creek (Sheldon Creek); Highway No.

407 • South: Low Density Residential; Parkland (Doug Wright

Park); Sheldon Creek Block • West: Sheldon Creek Block; vacant employment lands • East: Vacant employment lands

1.3 History

On March 9, 2012, the Planning and Building Department received an application to re-zone the lands at 4691Palladium Way. The application was deemed to be complete on March 27, 2012. Previous to the submission of the application, the site was created as a part of the Alton Community Plan of Subdivision process.

1.4 Proposed The purpose of the current re-zoning application is to permit a

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Development Place of Worship as well as some minor site specific setbacks and landscape buffer widths. The city’s Official Plan permits institutional uses (including Places of Worship) within all land use designations and establishes that regulations related to these uses shall be included in the Zoning By-law. Sensitive land uses including Places of Worship, are permitted in employment areas by the Official Plan, but require a risk assessment and D6 Guideline Assessment to ensure compatibility. The applicant proposes a site-specific rezoning to permit a Place of Worship (church), approximately 1,200 to 1,400 m2, and one storey (8 m in height) to be used predominantly for Sunday services.

1.5 Technical Reports

The following reports and technical studies were submitted with the application:

• Planning Justification & Risk Assessment (dated March 2012)

• Environmental Site-Screening Questionnaire • Phase I Environmental Site Assessment (dated June 24,

2003) • Phase II Environmental Site Assessment (dated July 6,

2012) • Noise Control Study (dated September 5, 2006) • Preliminary Noise Control Study (dated February 22,

2012)

2.0 Discussion

Applicable Policies and Regulations and Staff Analysis

2.1 Provincial Policy Statement, 2005 (PPS)

The Provincial Policy Statement (PPS), 2005, provides direction on matters of provincial interest related to land use planning and development. All municipal land use planning decisions must be consistent with the PPS. The proposed application is consistent with the PPS, specifically with policies related to Part V, Section 1, Building Strong Communities. Policy 1.1.1 states, “Healthy, liveable and safe communities are sustained by:

a. Accommodating an appropriate range and mix of

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residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long term needs;”

The proposed re-zoning complies with the intent of the PPS, as, if approved, the proposed Place of Worship would contribute to an improved mix of land uses in the Alton Community and would constitute one of the first Places of Worship within the community. Section 1.3 of the PPS deals with Employment Areas. Policy 1.3.1 states: “Planning authorities shall promote economic development and competitiveness by:

a. Providing an appropriate mix and range of employment (including industrial, commercial and institutional uses)

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 business;

c. Planning for, protecting and preserving employment areas for current and future uses;”

Staff is of the opinion that if approved, the proposed re-zoning would contribute to achieving an appropriate mix of uses in the employment zone, specifically, institutional uses. The institutional land use is permitted by the Official Plan, subject to a risk assessment evaluation and does not represent an application for employment conversion. Lastly, section 1.7 of the PPS deals with Long-Term Economic Prosperity. Policy 1.7.1 states:

e. “Planning so that major facilitates (such as airports, transportation/transit/rail infrastructure and corridors, intermodal facilitates, sewage treatment facilities, waste management systems, oil and gas pipelines, industries and resource extraction activities) and sensitive land uses are appropriately designed, buffered and/or separated from each other to prevent adverse effects from odour, noise and other contaminants and minimise risk to public health and safety.”

The proposed re-zoning is in compliance with policy 1.7.1 of the PPS as a risk assessment and Preliminary Noise Control Study were submitted with the application. The preliminary Noise Control Study indicates that mitigative measures can be

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taken through the selection of building materials and addressed at the Site Plan Approval stage to minimize the impact of noise from the adjacent Highway No. 407. The Planning Justification Report indicates that despite the vacancy of the adjacent Business Corridor lands, there are not likely to be any adverse impacts or risks to public health and safety. The approval of a Place of Worship on the subject property will not create adverse impacts on abutting employment uses. These employment lands are also directly across from residential development south of Palladium Way and the nature of the employment lands that could be supported in the area would be impacted by the proximity to these residential land uses. While the PPS is silent on Places of Worship specifically, the term institutional is used throughout and is defined in Burlington’s Official Plan to include Places of Worship. In addition, the PPS does provide for the planning of public service facilities which includes cultural services. Staff is satisfied that that proposed application complies with the policy direction identified in the Provincial Policy Statement.

Places to Grow – Growth Plan for the Greater Golden Horseshoe, 2006

The 2006 Places to Grow Growth Plan for the Greater Golden Horseshoe (Growth Plan) outlines matters of provincial interest and encourages cities and towns to develop as complete communities with a diverse mix of land uses through the management of growth in the Greater Golden Horseshoe to the year 2031. The proposed Zoning By-law amendment is consistent with the Places to Grow Growth Plan, specifically policies related to Managing Growth (Part 2, Section 2.2.2): Policy 2.2.2.1 states that, “population and employment growth will be accommodated by:

d. Reducing dependence on the automobile through the development of mixed-use, transit-supportive pedestrian environments.

e. Ensuring the availability of sufficient land for employment to accommodate forecasted growth to support the GGH’s economic competitiveness

f. Encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public opens pace and easy access to local stores and

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services” Additionally, section 2.6 of the Places to Grow Plan considers Employment Lands and provides the following policy guideline: “An adequate supply of lands providing locations for a variety of appropriate employment uses will be maintained to accommodate the growth forecasts in Schedule 3” (2.6.1). Further, the Growth Plan states: “Municipalities will promote economic development and competitiveness by:

b. Providing opportunities for a diversified economic base, including 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. Planning for, protecting and preserving employment areas for current and future uses” (2.6.2)

The Growth Plan for the Greater Golden Horseshoe does not specifically contemplate Places of Worship. However, it does address community infrastructure and the creation of complete communities. If approved, the proposed Place of Worship would help to contribute to a more complete Alton Community and would include a previously absent use within walking and cycling distance to the adjacent residential community. The proposed re-zoning application is consistent with the policies of the Growth Plan does not diminish the ability of other sites to locate in adjacent employment properties.

Regional Official Plan

The subject site is designated ‘Urban Area’ in the Regional Official Plan. The Regional Official Plan states that the range of permitted uses in the Urban Area will be in accordance with local Official Plans and Zoning By-laws, however all development is subject to the policies of the Regional Official Plan (Policy 76). Regional staff have commented that the proposed development conforms to the Regional Official Plan. Additionally, Regional Planning staff provided comment indicating that the proposed Zoning By-law amendment generally complies with the Growth Plan, 2006 and the Provincial Policy Statement, 2005.

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Burlington Official Plan Part I: Policy Framework Part II: Functional Policies

The subject property is currently designated “Business Corridor” on Schedule B –Comprehensive Land Use – Urban Planning Area contained in Burlington’s Official Plan. The applicant does not propose any changes to the Official Plan policies. Within the City’s Official Plan, the Alton Community, among a few other communities, has been identified as having a specific policy framework: “The Alton Community is located north of Dundas Street, west of Bronte Creek and south and east of Highway No. 407. Alton is intended to be a mixed-use community with employment uses concentrated along the south side of Highway No. 407, at the interchanges of the Highway No. 407 with Dundas Street and Appleby Line, and along the railway corridor. The employment areas provide opportunities for showcase and gateway type development as well as large land bases that will accommodate a wide range of office and industrial uses. Employment and residential uses may be located close to each other, with the guidance of urban design and land use compatibility standards…” (Part I, Section 4.3) The proposed application complies with the Official Plan as the applicant does not seek to alter the Council approved framework. Part II, Section 2.7 of Burlington’s Official Plan deals with sustainable design and compatibility and includes the following policies:

n. “Exposure of residential and other land uses sensitive to vibration noise, dust, odours and other effects caused by transportation or industrial facilities and likewise, the encroachment of sensitive land uses shall be avoided though the use of separation distances, the placement of non-sensitive land uses in buffer areas, and/or other means. Proponents may be required to submit studies and undertake necessary mitigating actions to address compatibility issues to the satisfaction of the City and Region. Provincial guidelines shall be referred to for a direction in land use planning decisions.

o. Proponents of Official Plan or Zoning By-law amendments for residential development or other sensitive land uses within proximity to any existing or potential sources of man-made hazard, may be required to undertake a risk assessment using risk-based land use planning guidelines to determine the potential level

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of risk and whether the risk can be reduced to acceptable levels.”

The intent of the policies in Section 2.7 is to ensure the viability of employment lands and to prevent the reduction of the number of viable employment uses though the encroachment of sensitive land uses and vice versa. The risk assessment requirement is to ensure that land uses can co-exist safely without creating adverse impacts to one another. The applicant has submitted a Preliminary Noise Control Study and has addressed potential and current risks in their Planning Justification Report. The submissions determined that the proposed Place of Worship will not be subject to any unnecessary risk in this proposed location, nor will it impact the range and type of employment uses permitted in the vicinity because the employment area is also adjacent to the Alton Community residential development. Further, impacts due to noise can be mitigated. The Risk Assessment contained within the Planning Justification Report found the following:

• “The existing conditions to the south are residential, to the east and west the lands are vacant. As residential uses and the proposed municipal parks are pre-existing and deemed to be sensitive land uses, the proposal to permit the Place of Worship does not represent a new or further encroachment of sensitive land uses into an area that is planned to accommodate employment land uses.”

• “Any future employment use that is proposed to locate in this immediate area will need to demonstrate compatibility with the established sensitive land uses. The likely outcome is that the type of uses that would be deemed to be compatible and appropriate will be prestige type uses that incorporate high design and development standards. These type of operations have low potential to create adverse effects.”

• “…there are no existing industrial operations within a minimum 300 metres from the subject site, there are no existing hazards that could create adverse impacts to the subject property…For this reason, it is not anticipated that future hazards will result from planned development.”

Staff is of the opinion that the close proximity of the residential

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portion of the Alton Community to Palladium Way will require future employment uses to have some level of sensitivity to these uses. The Ministry of Environment’s (MOE) D-6 Guidelines provide separation distances for the various classes of industrial land uses. For instance, Class I Industrial facilities which include small scale, self contained plants/buildings which produce/store product contained in packaging with a low probability of fugitive emissions require a 20 m separation distance from adjacent sensitive land use. Staff did have concerns about ancillary uses such as a Day Care Centres, emergency shelters and the impact on adjacent and future employment uses. The applicant has advised that no Day Care Centre is proposed and that use of the property will be geared primarily to weekends when adjacent employment sites are likely to be closed. Further, the Sheldon Creek at the western property boundary provides more than a 30 m buffer from the adjacent property to the west and the proposed siting of the building on the property is more than 20 m from the eastern adjacent property. The Preliminary Noise Control Study found:

• “The major noise source of concern impacting the development is Highway 407, where the façade of the proposed building will be approximately 130 m from the centerline of the highway. In addition, there will be a future transit way along the 407. In addition, the noise emitted, in the future, from the church’s A/C units may have an impact on the surrounding existing and future residences.”

• “…at the preliminary stage, noise controls for the subject church building is technically feasible to control the excess noise to the MOE criteria due to all sources of noise.”

Through the Site Plan Approval stage, the applicant will be required to provide a detailed noise and vibration report addressing the mitigation of environmental noise impacts on the building and mitigation (if required) of noise from any proposed roof top mechanical equipment and appropriate building materials, glazing and air conditioning units will be required to meet the MOE’s indoor noise level criteria. Part II, Section 4.0 of Burlington’s Official Plan deals with

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Institutional Uses and defines them as: a. “…uses with the primary purpose of serving the

education, health, an social needs of the community and are further defined as the following: (ii) Places of Worship, monasteries and convents”

(Part II, Section 4.3a)

The following policies apply to institutional uses: c. Institutional uses shall be permitted within all land use

designations located on Schedule B, Comprehensive Land Use Plan – Urban Planning Area with the exception of the Greenlands and watercourse land use designations. Regulations related to the location of, and standards for, various types of institutional uses shall be included in the Zoning By-law.

d. Within Business Corridor, General Employment and Mixed-Use Employment designations, certain sensitive institutional uses such as educational facilitates long-term care facilitates, day care centres, and Places of Worship shall require an amendment to the Zoning By-law. Such an amendment will be considered only following the completion of a risk assessment to determine any existing or potential sources of hazard from existing industrial uses in the vicinity and whether the levels of risk can be reduced to acceptable levels, using risk-based planning guidelines as well as an assessment of compatibility with existing industrial facilities in the area in terms of variables such as noise, vibration, odor and dust using Provincial Land Use Compatibility guidelines.

e. Subject to Part II, Subsections 4.3 d) and e), institutional uses shall be permitted as “uses not restricted” in the Zoning By-law, subject to certain regulations as set out in the By-law and provided that such uses abut a Major Arterial, Multi-purpose Arterial, or Minor Arterial Road or Collector Street as identified on Schedule J and Schedule K, Classification of Transportation Facilities.

The intent of the policies contained in Section 4.0 is to allow flexibility to assist faith groups in locating within the urban area while identifying parameters to ensure that they are located in a manner such that other permitted uses are not negatively impacted. Staff is satisfied that the application to permit a Place of Worship complies with the above policies as a supporting risk

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assessment has been provided and Palladium Way is identified as a Collector road in Burlington’s Official Plan. Planning staff are of the opinion that the proposed Zoning By-law amendment application demonstrates consistency with the Official Plan’s Functional, Institutional and Employment Land policies.

Zoning By-law 2020 The subject property is currently zoned BC1-319, Business Corridor with a site specific exception in Zoning By-law 2020, as amended. This zoning designation permits, among other things, industrial, office, hospitality, automotive, retail (subject to restrictions), service commercial (subject to restrictions) and some limited recreation uses. The intent of the Business Corridor designation for this site is to continue to maintain Palladium Way primarily as a prestige employment corridor. The intent of exception number 319 acknowledges the size and configuration challenges experienced by a number of sites along the north side of Palladium Way with reduced minimum lot areas and front yard setbacks. The applicant seeks to amend the Zoning By-law regulations for 4691 Palladium Way though exception number BC1-433. The intention of the proposed ‘BC1-433’ is to permit a Place of Worship as a permitted use as well as to permit reduced landscape buffers and building and parking area setbacks. Additionally, the applicant requires a reduction in the street line setback requirements as defined in the Places of Worship regulations (Part I, Section 2.21) Staff notes that the site is regulated by Conservation Halton and abuts the Sheldon Creek along the west property boundary and an N-1 creek diversion channel of the Sheldon Creek along the rear property line. Table 2.1 – Proposed “BC1-433” Zoning Exception, below discusses the proposed exceptions for the site:

Table 2.1 Zoning Exception Proposed Regulation Staff Comment Yards Yard abutting a street: 6 m

minimum; 9 m maximum The current BC1-319 zone regulations provide specific setback requirements for the site.

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The applicant does not propose to deviate from these requirements and as such, they are being included in the BC1-433 zone regulations.

Lot Area Minimum Lot Area for Block 89, Plan 20M-1035: 0.4 ha

The current BC1-319 zone regulations provide specific lot area requirements. The current lot size complies and is not proposed to be changed. As such, they are included in the BC1-433 zone regulations.

Additional Permitted Uses

Place of Worship Emergency Residential Shelters, Day Care Centres and attached or detached manse or an accessory dwelling unit for a watchman and any other associated residential buildings are not permitted in conjunction with a Place of Worship

The BC1 zone regulations do not specifically permit or prohibit a Place of Worship however, Part 1, Section 2.21 identifies Places of Worship as a use permitted in all zones. The BC1 zone regulations require that a risk assessment be submitted to allow a Place of Worship. The applicant has provided a risk assessment in support of the application. The range of permitted uses in the BC1 zone include industrial, office, hospitality, automotive, retail, service commercial and limited recreation uses, all subject to some restrictions. Some of these permitted uses may create adverse impacts on sensitive land uses. Staff is of the opinion that to permit all ancillary uses to a Place of Worship could hinder the ability of future employment uses to locate in proximity to the subject site and as such recommends that they be prohibited.

Setbacks Minimum setback from any street line: 6 m Minimum setback from the

Part 1, Section 2.21 identifies Places of Worship as a use permitted in all zones. This section also requires that the

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westerly lot line: 7.5 m Minimum setback from all other lot lines: 15 m

minimum setback from any lot line or street line shall be 15 m. This applies across the city. The applicant is seeking a 9m reduction in the setback from a street line to 6 m. Staff is satisfied that the reduced front yard setbacks are appropriate and desirable in this location as it will achieve a consistent streetscape along Palladium Way as contemplated in the Alton Community Secondary Plan. As well, a reduced setback along the westerly property boundary can be supported given the creek block and extensive natural landscape buffer.

Landscape Buffers Landscape area abutting a creek block along the northerly property line: 4 m Landscape area abutting a creek block along the westerly lot line: 4 m Landscape area abutting a street having a deemed width of 26 m or greater: 6 m

The BC1-319 zoning designation requires landscape buffers in order to ensure a consistent and high quality streetscape. Landscape buffers also serve as a separation for adjacent uses. Staff notes that the adjacent N-1 Diversion Channel (approximately 17.2 m wide) and the Sheldon Creek (between 28 m and 33 m wide) to the west provide a natural visual buffer from Highway No. 407 to the north and adjacent properties to the west. Additionally, the site is subject to a 5 m hydro easement along Palladium Way as well as a 4 m conservation easement along the north and west property boundaries. Staff is satisfied that the reduced landscape buffer requirements are appropriate given the size of the easements which will serve as an added landscape buffer.

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Additional plantings in the parking lot area were requested and shown on the attached conceptual site plan (Appendix B)

Based on the conceptual site plan submitted with the re-zoning application, the applicant is required to provide 59 parking spaces, where currently 106 spaces are proposed. The applicant intends to comply with all other BC1 and BC1-319 requirements and the BC1-319 zone regulations have been included in the proposed BC1-433 zone regulations.

2.7 Next Steps Further technical details of this development proposal will be

resolved during the Site Plan Approval stage. The applicant will also be required to enter into a Section 41 Agreement with the City. During the site plan approval stage, the following issues will be addressed:

• Confirmation of parking stall and drive aisle measurements

• Confirmation that bicycle parking spaces are provided

• Detailed floor plans of all floors and elevations • A permit shall be required from Conservation

Halton (Ontario Regulation 162/06) • Ground elevations at property boundary’s adjacent

to the Main Sheldon and N-1 Sheldon Creek require further review

• Landscape Plan required • Appropriate building materials, glazing and air

conditioner will be require to meet MOE’s indoor noise level criteria.

• Detailed noise and vibration report addressing mitigation of environmental noise impacts on building and mitigation (if required) of noise from proposed roof top mechanical equipment impacting residents to the south

• Detailed servicing drawings will be reviewed • Provide a clearance from the Ministry of Culture

on any archaeological investigation for the property

3.0 Financial Matters

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Site Plan Approval Process

The subject rezoning application was processed under the standard development application fees. As such, the applicant must pay the variable zoning fees prior to the passing of any By-law. At the site plan approval stage, the city will require securities to ensure that the work associated with the proposed development has been, or if required, will be completed to the city’s satisfaction. The applicant will also be required to pay any applicable development charges. Places of Worship are not subject to the same taxation rate as employment uses and as such, approval of this application will have an impact on tax revenues.

4.0 Environmental Matters

Regional Requirements

The applicant has submitted an Environmental Site Screening Questionnaire (ESSQ) in accordance with the Region’s Protocol for Reviewing Development Applications with Respect to Contaminated and Potentially contaminated sites (Section 147(17) of the Regional Official Plan). The Region has reviewed the questionnaire and confirmed that no further work is required by the applicant.

5.0 Communication Matters

Technical Comments

All but one internal department and external agency responding to the circulation indicated no objection to the application, subject to conditions contained in Appendix A. Business and Economic Development Burlington recommended that the city consider alternatives for sensitive non-employment uses, recognizing that employment lands are scarce resources in a constrained urban environment and that introducing sensitive uses into employment areas limits the ability of the city to achieve employment targets an assessment growth as well as creates land use conflicts. Staff notes that the proposed institutional use is already permitted by the Official Plan, subject to a risk assessment and does not represent an employment conversion.

Public Comments The subject Planning Act application was circulated for public comment on April 12, 2012 with a deadline of May 11, 2012. A couple of phone calls were received with inquiries related to the type or denomination of the place of worship. As well, one anonymous public comment was received in opposition and one formal objection letter by an adjacent employment land owner

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was received. The following is a summary of the comments received: Comment Staff Response Type of church proposed The denomination of the

Place of Worship is out of the scope of staff’s review. The application is to permit a Place of Worship which provides for a variety of faith-based venues.

Would prefer to see more long-term employment uses and increased tax base.

The Official Plan permits a Place of Worship at this location and as such the application does not constitute employment conversion. Places of Worship are a necessary facility for the community

Erosion of employment land base and introduction of incompatibilities (traffic/noise)

The application does not constitute employment conversion and will retain its employment land use designation. Additionally, a Preliminary Noise Control Study as well as risk assessment were submitted with the application. The risk assessment found that any future employment land uses would be impacted by other sensitive land uses in close proximity (residential and open space/park). Additionally, the Sheldon Creek and siting of the building provide some additional buffers. The Preliminary Noise Control Study indicated that mitigative measures can be taken at the Site Plan Approval stage to ensure compliance with the MOE’s acceptable noise limits.

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Appendix A contains a copy of the comments received.

6.0 Conclusion The application has been reviewed for conformity with

provincial, regional and municipal planning policies. Staff is of the opinion that the subject application is in conformity with all applicable planning policies. Staff recommends approval of the proposed site specific re-zoning application.

Respectfully submitted, Jenna Puletto (Langdale) Planner I – Heritage and Development 905-335-7600 ext. 7824

Approvals: *required

*Department

City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Council Disposition & Comments

Appendices: A. Public Comments B. Conceptual Site Plan Layout

Notifications: (after Council decision)

Name Mailing or E-mail Address

Planning to Provide

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01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

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Appendix A: Public Comments Hi Jenna, Thank you very much for replying to my voicemail. My main concerns are: 1. With the economic downturn we are experiencing, as a resident of Burlington, I'd prefer to see more developments geared towards increasing long-term employment and tax base. I'm not sure how the churches are taxed (I'm guessing they are not). Please note that I would have raised the same question whether the development was a mosque, temple or church. 2. On the flipside, with the development of North Burlington, the green space is continue to shrink and the proposed area lies just south of Highway 407 - a major source of noise ( I live in the area, so I know). I'd prefer to see a buffer green space, such as parks than a building and parking lot. If the review process has not progressed too far, I would like to see the two points above addressed. And lasly, would you be able to send me the proposed plan or the area encased between Appleby (E), Walkers(W), 407(N) and Palladium(S)? Regards, Resident of Deforest Crescent, Burlington

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Appendix B: Conceptual Site Plan Layout