All neighbourhoods could change under new Official Plan: Semis, towns, apartment walk-ups allowed in single family home neighbourhoods

Analysis & Insight: Think your single family, low density residential neighbourhood is protected from intensification under the proposed new Official Plan? Think again.A clause in the new OP would permit semi-detached units and "other forms of attached, ground-oriented dwellings" - such as townhouses and apartment walkups - in residential low density neighbourhoods. [Clause 8.3.3(1)b)]. The caveat is the density must be less than "25 units per hectare."This is a carry-over clause that was also present in the previous Official Plan [Clause 2.2.2c)]. So what's the big deal?A lot has changed since that clause was put in the Official Plan. First, we are under increasing pressure for intensification everywhere; and second, the zoning - which used to restrict built form - has to conform to the permissions in the Official Plan. These points a further elaborated below, along with planned motions for the April 24 committee meeting to discuss the Official Plan.The bottom line is that this changes everything. Without the ability for further restrictions of built form under zoning, this clause has the potential to dramatically alter our neighbourhoods, allowing land assembly and semi-detached, townhouses, and walkups next to single family homes. This is contrary to the spirit of the new OP which is to direct intensification away from stable neighbourhoods towards mobility corridors with frequent transit and access to shops and jobs close by. 

Pressure to intensify

We are under increasing pressure of intensification, including in low density residential neighbourhoods. A prime example is the Blue Water/Avondale townhouse application in a low density area of single family homes south of Lakeshore, east of Walkers Line. The developer assembled two lots, and under a revised plan  is seeking to build 21 three-storey town houses, and seven two-storey townhouses. The density on the initial proposal was 24 units per hectare (Staff report page 5), just under the OP limit of 25. A rezoning was required to allow town houses; but under the new implementation, zoning can't conflict or be more restrictive with the Official Plan built form permissions (see below).The majority of the community as well as staff and council rejected this proposal, and it's now at the Ontario Municipal Board (under the old rules) with a hearing scheduled to begin May 14.We can expect to see more of these applications come forward. With this clause remaining in the OP it will be hard to guide development away from these areas toward where we want it. This clause goes against the guiding principle of the new OP which is to direct density away from stable neighbourhoods, and towards mobility corridors with access to frequent transit, shops and jobs.

Zoning can't "conflict" with the Official Plan

In addition, staff have advised me that zoning "implements" the Official Plan and can't conflict with it. So, for example, the zoning can't restrict the built form in low density areas if that built form is already allowed in the Official Plan. The exception is if the OP says a rezoning is required to achieve a particular built form, for example townhouses. No such launguage is currently written into the new OP.Under the old Official Plan, zoning was used to provide further restrictions on Official Plan permissions; for example in the Blue Water case above (the OP allowed townhouses; the zoning did not), and recently on Brant Street backing on to Rambo Creek (the OP allows for six storeys here, but the zoning further limited height to 3 storeys).  We're now advised that zoning can't restrict the OP in this manner. So, if we want a particular height or built form in an area, it has to be specifically written into the Official Plan. We can't fix it later under zoning.. 

This changes everything.

Throughout the OP process, we've been told the new Plan "protects established residential neighbourhoods by directing growth to other areas of the city" , that only "5%" of Burlington is changing, mainly in the downtown, around the three GO stations, and at older retail plazas. Including townhouses, apartment walkups and semi-detached units in residential low density neighbourhoods in the Official Plan - without the ability to restrict this built form through the Zoning By-Law - fundamentally changes that. Every neighbourhood could see significant change, through land assembly and tear downs on large lots.

Indian Point & Roseland Character Areas protected

The only exception is in Neighbourhood Character Areas, which permit only single detached homes [Clause 8.3.6(2)c)]. There are two Neighbourhood Character Areas identified in the new Official Plan - Indian Point and Roseland [Clause 8.3.6(3)]. A Neighbourhood Character Area study was also conducted for Shoreacres, but this isn't listed in the new OP as a protected area.At the request of delegates who attended the Feb. 28 P&D meeting, I brought a motion to undertake a character area study for St. Luke's and Emerald precincts downtown. That was defeated 6-1 and will come to council March 19.

Motions

At an earlier committee meeting, I brought a motion to defer adding semis to the Official Plan and consider them during the zoning bylaw review when lot coverage, setbacks and other matters to protect greenspace and neighbourhood character are determined. That motion was originally supported, then on reconsideration defeated 6-1 and can only be reintroduced with a 5-2 reconsideration vote, or by the next council after the election.

Report coming for March 19 council

Because of concerns from council members when I raised the issue of townhouses and apartments being allowed in residential low density areas, staff are preparing additional information about the types of developments that could be permitted, prior to the March 19 council meeting. I withdrew a motion at P&D committee to delete that clause from the OP until we have the information from staff, but will be prepared to introduce it at the April 24/25 final committee meetings to adopt the new OP. (These dates have been revised from the originally planned dates of April 4 & 23.

What you can do

• Register as a delegation to the March 19 council meeting to share your views about the motion to conduct character area studies for St. Luke's and Emerald Precincts - or other neighbourhoods.
• Register as a delegation to the April 24/25 Planning & Development Committee meetings to share your views about allowing townhouses and apartment walkups in low density neighbourhoods.
• Provide your feedback to all council members and the OP review team: newop@Burlington.ca

Why the rush?

This fundamental change to low-density neighbourhoods is one more reason why the new OP shouldn't be rushed. We need to take the time to get it right. The best mid-size city in Canada deserves a better plan - one that will steer intensification away from low density neighbourhoods to major mixed-use arterial roads where growth can be better accommodated. https://youtu.be/i8w5mHexrTU