Old Lakeshore Road - Questions and Answers

Design Guidelines help to refine the vision for development of a defined area. They are used by City staff and Council in evaluating development proposals and should be used by development proponents in preparing development concepts.

In 2006, City Council directed staff to study land use in the Old Lakeshore Road Precinct, which is bounded by Lakeshore Road on the north, Pearl Street along the west and Lake Ontario along the south.

The city worked with an outside consultant to determine best practices for development in the Old Lakeshore Road precinct taking into consideration its unique characteristics.

The resulting guidelines provide recommendations for the development of the Old Lakeshore Road Precinct while considering the preservation of Burlington’s heritage and the provision of public access to the waterfront.

Yes. The City of Burlington made many efforts to get feedback from residents and business owners in the Old Lakeshore Road Precinct about the future development of the area. On November 29, 2006, the consultants and city planners held a landowner’s workshop to discuss the opportunities and constraints for the Old Lakeshore Road Precinct.

City staff held a workshop on January 30, 2007 to review feedback received from the landowners and to identify the key issues. The city held a second meeting with the landowners in February of the same year. A public meeting was held in March, 2007 at which residents and stakeholders were invited to a working session to review development options and provide input

In December 2007, Council adopted the Official Plan amendment that staff recommended which outlined land use policy changes for the precinct. To add to the policy changes, the consultants developed detailed design guidelines for the precinct to help staff and Council evaluate future development proposals for the area.

The city hosted a public information meeting on March 25, 2009 to present the guidelines to area residents and the general public.

Like other municipalities across Ontario, the City of Burlington must respond to legislation created through the Ontario Places to Grow Provincial Growth Plan). The impact of that legislation is that Halton Region must double in population and employment by 2031, and Burlington must accept a reasonable share of this growth.

The City of Burlington responded to the Places to Grow Plan by identifying where developers could build up or intensify neighbourhoods. The impact of this will be more focused services for downtown residents and more green space for everyone to enjoy.

The Burlington Official Plan recognizes the importance of protecting and enhancing public access to the waterfront as well as the protection of views of the lake from public areas such as streets. Developers must follow detailed urban design guidelines to keep Burlington’s downtown a beautiful and livable place. Those guidelines are included into the city’s five-year Official Plan.

The city will continue to work with its community partners to protect the waterfront. Currently there are 12 waterfront parks and trails totaling nearly 700,000 square acres available for public use, presenting residents and visitors with great opportunities to enjoy the waterfront.

The City of Burlington recognizes the uniqueness of the Old Lakeshore Road Precinct and wishes to maintain the important heritage features of the neighbourhood. To date, eleven properties in the Old Lakeshore Road Precinct have been identified as heritage properties in the City’s Inventory of Heritage Resources. Eight of these eleven properties are listed in the City’s municipal register, which offers short term (60 days) protection from demolition. Upon receipt of a development application, the City will undergo an evaluation of the heritage value of a property and make a determination as to whether it should be preserved.

To help preserve cultural heritage resources for the future the city has established citizens advisory committees to council, such as Heritage Burlington and the Heritage Umbrella Group, which include members of the community.

First, a clarification:  The 40% target for growth coming from infill required through Places to Grow applies only after 2015.  (2016-2031)  That 40% requirement for Halton translates to 32,200 units between 2016-2031.   The final unit forecast for Burlington between 2006 and 2031 identified through Sustainable Halton and approved by City and Regional Councils is 16,400 with 8,300 of these units to be built between 2016 and 2031.   The 8300 units represent 26% of the Halton “non-greenfield” development requirement between 2016 and 2031.

The number of units forecasted for Downtown is 3,000 units between 2006 and 2031, representing approximately 18% of Burlington’s unit growth during this time period. 

Using a development estimate of 400 units for Old Lakeshore Precinct, (under the most intense development scenario) and assuming that development occurs post 2015, this would represent 4.8% of Burlington’s unit growth (8300 units) 2016 to 2031 and 1.2% of Halton’s “non-greenfields” growth (32,200 units) 2016 to 2031.

The option to increase greenfield density was reviewed and debated at Regional Council and rejected. 

Growth forecasts encompass the Urban Growth Centre (UGC) as a whole and, as in any forecasting, are based on a set of assumptions.  Built in to the calculations is the assumption that not every developable parcel within the UGC boundary will in fact be developed, and not all parcels that are developed will be built to their maximum capacity.  Therefore inclusion in the UGC does not presuppose development of any particular parcel to its maximum capacity.  Any individual parcel or localized area therefore could be excluded; however this would imply more intense development of remaining lands.  It is also important to keep in mind that just as inclusion of a parcel within the UGC does not necessarily mean that the lands will be redeveloped, neither does exclusion from the UGC mean that the lands will not redevelop.  For example, the Official Plan’s High Density Residential designation applies to lands throughout the City permitting between 51 and 185 units per net hectare, the same as is permitted under the more intense development scenario for Old Lakeshore Road.

An amendment to the official plan would need to include changes to the mapping (see Schedule E of the OP) and a consideration of any corresponding change to UGC policies.  Any amendment to the official plan would follow the standard process for consideration, including public and agency consultation and ultimately consideration by City Council, with the potential for appeal to the Ontario Municipal Board.

The urban growth boundary was considered as part of the overall Official Plan 5-Year Review, which involved public meetings.  A proposed boundary was determined by a technical exercise and specifically included lands which have existing high density development.  Likewise, stable residential communities were excluded to protect their existing character.    Public consultation for the City’s Official Plan Review which included the UGC boundary and Zoning By-law review included the statutory public meetings and City wide public information centres, as well as ward meetings in all areas of the City.  Every reasonable effort was made to notify the public of this consultation process including newspaper notices and articles, City Talk articles, web site notices and in some cases mail notices to those who had agreed to be on the mailing list.  In addition a Citizen’s Advisory Committee was established to help identify issues of interest and suggest effective methods of communication.

Fiscal and economic impact was not undertaken or considered in the Old Lakeshore Road Precinct Study.

The waterfront trail constructed along the Mayrose Tycon shoreline was paid for by the developer.  It remains in private ownership at this time.  The agreements between the developer and the City require that the trail be conveyed to the City for public access as a condition of the approved development.  If the Mayrose lands are sold, the approvals and the associated agreements and obligations would be assumed by the purchaser.  The new owners would be able to proceed with the approved development.   Any new development proposal would be subject to public and agency review and as always, Council approval with the opportunity for appeal to the Ontario Municipal Board under the Planning Act.

There is currently no funding for land acquisition in the Old Lakeshore Road area in the 2009 budget or Ten Year capital forecast.   Acquisition of public lands including shoreline lands would be secured by the City through the redevelopment process.  The City’s Official Plan contains policies related to securing public access to the waterfront, identifying protection and enhancement of public access to the waterfront as a primary focus in the consideration of development or redevelopment.

“Landmark” is defined in the City’s Official Plan as “A natural feature or man-made structure used as appoint of orientation in locating other natural features or man-made structures, or a structure of noteworthy aesthetic interest”.  The Section you are referring to is Part III, Section 5.5.9.  The Travelodge lands are within the Wellington Square Precinct, identified as a “limited, concentrated area within the downtown for taller, high density development.”  Recognizing the high level of development interest in these lands, Council adopted the site specific policy that you have noted, which requires that a master plan be completed to the satisfaction of Council prior to any redevelopment.  The master plan process would be a public process.  Any amendments to Official Plan policy or zoning would be subject to appeal to the Ontario Municipal Board.

The City Clerk is responsible for keeping minutes of Committee and Council meetings.  Recorded votes are taken only upon a motion of a member of Council.   Deb Caughlin is the Acting City Clerk, and can be reached at Extension 7490.  Since voting is done by a show of hands, members of the public can track voting on their own by attending Committee and Council meetings.

No, it’s not correct. On June 15, 2009, Burlington City Council made a number of amendments to the zoning by-law, including removing the reference to a setback from the shoreline. This did not affect the setback from the lake as established and regulated by Conservation Halton, as their Regulation remains in effect.

The City found that the zoning by-law regulations did not precisely reflect Conservation Halton regulations and practices—i.e. there were instances in which Conservation Halton approved reduced setbacks of less than 20 metres for certain minor non-habitable types of buildings and improvements to existing buildings. In these cases, although property owners along the lake received approval from Conservation Halton for reduced setbacks, due to the City zoning provision they were then required to make costly and time consuming applications to the Committee of Adjustment (because City zoning regulations can only be reduced through the granting of a minor variance).

It acknowledges the ultimate authority of Conservation Halton to regulate all lakefront development with respect to flood and erosion hazards.

Conservation Halton has provided the following information: All conservation authorities in Ontario, including Conservation Halton, are governed by the Province’s Conservation Authorities Act. (RSO 1990). The primary purpose of conservation authorities in Ontario is to protect life, recognize the seriousness of flooding and erosion impacts on public safety and property damage, as well as to protect the natural environment. The Act empowers conservation authorities to make and enforce regulations specifically for development adjacent to shorelines.

Conservation Halton is the lead agency in providing comments to the City regarding Planning Act applications for development adjacent to the shoreline.

For more information on the role and mandate of Conservation Halton, and to see their regulations (Regulation 162/06) and policies please visit their website at www.conservationhalton.on.ca or contact Norm Miller, Communications Advisor, at 905-336-1158 extension 233.

Conservation Halton has provided the following information: When considering a development application adjacent to the shoreline, the Conservation Halton Board of Directors must take into account the Conservation Authorities Act, the Regulation (Ontario Regulation 162/06) and its policies.  The tests that must be met according to the Conservation Authorities Act in order for permission to be granted for development include the control of flooding, erosion, dynamic beaches, pollution and the conservation of land.  The Board of Directors acts as a hearing tribunal if a development application does not satisfy CH policies.

Unlike zoning by-laws, which can be amended by local Councils, or appealed to the Ontario Municipal Board who may order a change, the Conservation Halton Regulation cannot be amended without approval from the Minister of Natural Resources. 

CH policies have been developed to implement the requirements of the Conservation Authorities Act and Ontario Regulation 162/06.  The policies are developed through a public consultation process and are guided by Provincial technical standards. The current policies, after public consultation, were approved by the Board of Directors on April 27, 2006.

Conservation Halton has provided the following information: Since the approval of Ontario Regulation 162/06 in 2006, Conservation Halton has not permitted any new habitable buildings/structures, redevelopment and additions between the 20m erosion allowance plus the long term stable slope allowance, which were not previously approved under a Planning Act application.  Repairs, maintenance, interior alterations to existing buildings, replacement of existing buildings and structures (i.e. same size, or smaller, same use and containing same number of dwelling units) not destroyed by flooding and/or erosion forces and non-habitable structures, such as swimming pools, decks and boardwalks have been permitted within the minimum development setback (20m erosion allowance plus the long term stable slope allowance)

Diagram of regulated shoreline area