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Community Planning, Regulation and Mobility Committee Meeting Agenda Date: December 8, 2020 Time: 9:30 am Location: Council Chambers - members participating remotely Pages 1. Declarations of Interest: 2. Statutory Public Meetings: Statutory public meetings are held to present planning applications in a public forum as required by the Planning Act. 3. Delegation(s): Due to COVID-19 this meeting will be conducted virtually. Only the chair of the meeting, along with a clerk and audio/visual technician, will be in council chambers, with all other staff, members of council and delegations participating in the meeting remotely. The meeting will be live webcasted, as usual, and archived on the city website. Requests to delegate to this virtual meeting can be made by completing the online delegation registration form at www.burlington.ca/delegate or by submitting a written request by email to the Clerks Department at [email protected] by noon the day before the meeting is to be held. All requests to delegate must contain a copy of the delegate’s intended remarks which will be circulated to all members of committee in advance as a backup should any technology issues occur. If you do not wish to delegate, but would like to submit feedback, please email your comments to [email protected]. Your comments will be circulated to committee members in advance of the meeting and will be attached to the minutes, forming part of the public record. 4. Consent Items: Reports of a routine nature, which are not expected to require discussion and/or debate. Staff may not be in attendance to respond to queries on items contained in the Consent Agenda. 5. Regular Items: 5.1. Sidewalk Warrant and Local Improvement By-law Update (TS-16-20) 1 - 4 Direct staff to amend By-law 49-2017 to remove reference to sidewalks and no longer apply local improvement charges to sidewalk infill projects. 5.2. Transit Five-Year Business Plan (2020 – 2024) (TR-02-20) 5 - 81 Approve the Transit Five-Year Business Plan (2020-2024), as outlined in Appendix A of transit department report TR-02-20. 5.3. Comments to Ministry of Natural Resources and Forestry (MNRF) and 82 - 88 Environmental Registry of Ontario (ERO) for the Burlington Nelson Quarry Extension (PL-57-20) Note: Appendix A will be distributed under separate cover. This item will go to a Special Council meeting immediately following the December 10, 2020 Corporate Services, Strategy, Risk and Accountability Committee meeting. Endorse staff comments contained within Appendix ‘A’ of community planning department report PL-57-20 (‘City of Burlington – Objection Letter re: Burlington Nelson Quarry Extension’); and Direct the Director of Community Planning to forward ‘City of Burlington – Objection Letter re: Burlington Nelson Quarry Extension’ by courier and email to the Ministry of Natural Resources and Forestry (MNRF) and Applicant prior to the comment deadline; and Direct the Director of Community Planning to submit ‘City of Burlington – Objection Letter re: Burlington Nelson Quarry Extension’ to the Environmental Registry of Ontario (ERO) in response to ERO No. 019- 2698 prior to the comment deadline; and Direct the City Clerk to forward Council’s resolution, subject to the endorsement of community planning report PL-57-20, to the Ministry of Natural Resources and Forestry (MNRF) and applicant; and Direct the City Clerk to forward community planning report PL-57-20 to the Joint Agency Review Team. 5.4. Update on the Downtown Burlington Urban Growth Centre (UGC) and 89 - 95 Major Transit Station Area (MTSA) Supplemental Discussion Paper (PL- 59-20) Direct the Director of Community Planning to provide comments to the Region, if any, on the Downtown Burlington UGC and MTSA Supplemental Discussion Paper, upon Council approval on December 14, 2020. 6. Confidential Items: Confidential reports may require a closed meeting in accordance with the Municipal Act, 2001. Meeting attendees may be required to leave during the discussion. 7. Procedural Motions: 8. Information Items: 9. Staff Remarks: 10. Committee Remarks: 11. Adjournment: Page 1 of Report TS-16-20 SUBJECT: Sidewalk Warrant and Local Improvement By-law Update TO: Community Planning, Regulation & Mobility Cttee. FROM: Transportation Services Department Report Number: TS-16-20 Wards Affected: All File Numbers: 830-08, 570-02-746 Date to Committee: December 8, 2020 Date to Council: December 14, 2020 Recommendation: Direct staff to amend By-law 49-2017 to remove reference to sidewalks and no longer apply local improvement charges to sidewalk infill projects. PURPOSE: Vision to Focus Alignment: Improve integrated city mobility by improving the transportation mode split and improving access to transit; Support sustainable infrastructure and a resilient environment through reducing community greenhouse gas emissions; and Building more citizen engagement, community health and culture though focusing on the health and wellbeing of our residents and ensuring walkable access to greenspace. Background and Discussion: Through Staff Direction SD-12-17 the Director of Transportation Services has been directed to review the need for the local improvement levy relative to practices of other municipalities as it relates to sidewalk infill projects. The direction to review and revise the sidewalk warrant is being incorporated in the Integrated Mobility Plan workplan with opportunity for public engagement. This report deals solely with the omission of sidewalks from the local improvement charges by-law. 1 Page 2 of Report TS-16-20 Importance of Sidewalks Pedestrian facilities are vital pieces of the transportation network. Safe, accessible, and well-maintained sidewalks are a fundamental and necessary investment for cities. Sidewalks provide connection to community areas such as schools, parks, community centres, libraries, places of worship, etc. and serve an important function in facilitating access to transit services. Sidewalks are a community feature that promotes public interaction and brings neighbourhoods together, connecting people to places. Provision of dedicated space for pedestrians to travel in a safe and comfortable manner, separate from vehicular traffic, leads to an increase in walking trips and thereby improves traffic operations while lowering the potential for vehicle-pedestrian conflicts. The inclusion of sidewalks in both capital and standalone construction projects supports the city’s goals of a multi-modal, accessible and inclusive transportation system and is of particular importance as dedicated pedestrian facilities support transit and active transportation initiatives which aim to reduce the number of auto trips. Local Improvement Charges By-Law Local improvement charges (By-Law 49-2017) enables the City to recover all or part of the cost of capital improvements made on public lands from the property owners who are deemed to directly benefit from the improvement. Eligible capital projects may include: New sidewalks or curb installations, New storm sewer installations New noise walls installations Before undertaking a local improvement project, the municipality must notify the public and affected property owners and provide information about how to petition against the project. If the municipality receives a sufficient number of petitions against starting the project, it may cancel the project or apply to the LPAT for approval to move ahead. If the project moves ahead, the municipality can often spread the cost of the improvements over ten years, thereby reducing the annual payment property owners must make. In the context of new sidewalk projects, local improvement charges apply to local streets only, thereby requiring that adjacent homeowners fund part, or all, of the construction cost. Local improvement charges negatively impact the public’s support for sidewalks given that the directly impacted homeowner has the ability to petition against the project, largely in part due to financial impact, and successfully cancel the project without consideration of overall community benefit. 2 Page 3 of Report TS-16-20 A jurisdictional scan was undertaken to determine which local municipalities continue to employ local improvement charges to new and infill sidewalk projects. The jurisdictional scan included comparable and nearby municipalities including Oakville, Hamilton, Kitchener, Waterloo, London, St. Catharines and Welland. The results of the scan confirmed that Burlington is the lone municipality that continues to apply local improvement charges to new sidewalk construction projects. In the context of an integrated transportation network, sidewalks achieve city-wide benefit and are considered critical pieces of public infrastructure, regardless of street classification. Local streets are no less important, or less in need of first mile/last mile pedestrian infrastructure. The continued application of local improvement charges hinders public acceptance of sidewalk projects and negatively impacts the broader community. Removing reference to sidewalks from the by-law will allow residents to focus on the merits of sidewalks and alignment with strategic mobility goals, not rejection of the project due to financial impact. It is therefore recommended that all future sidewalk projects be funded through the general tax base rather than recovered through local improvement charges, and that By-law 49-2017 be amended to remove reference of sidewalks. Financial Matters: Removing sidewalks from the local improvement charges by-law will have a financial impact