Statutory Public Meeting - Zoning Bylaw Amendment for 1600 Kerns Road
10/5/2022
Report # PL_40-21 File Numbers: 520-02/21
Millcroft Greenspace Alliance is a not-for-profit community organization that represents residents and taxpayers in the City of Burlington. We are delegating at this Statutory Public meeting for the development application of FGL Kerns Inc at 1600 Kerns Road to highlight concerns that we have relating to the development as it impacts the City of Burlington’s Climate Emergency.
At first glance, the proposed development seems positive for the neighbourhood providing for renewal and intensification in a brownfield development situation. Further examination of the proposal details highlights areas for further investigation and improvement.
We are aware that the City of Burlington has implemented a Climate Action Plan as of February 2020 to support the City’s path towards a low-carbon future, focusing on mitigating greenhouse gases and reducing energy consumption. We note the concern for enhanced energy performance and increasing transit and active mode shares. We would like to submit that perhaps there are additional concerns that the City should also consider which could also impact taxpayers as part of the climate emergency. Each development that this City reviews will have a lasting impact for the next 60 years and beyond - far exceeding the deadline for assessing tax implications of the carbon offsets required.
Recent information available from the insurance industry indicates that hardening of the surfaces is cumulatively impacting insurance losses and the resulting increase in premiums. We note in the planning report PL-40-21 prepared for this proposal, numerous references to redevelopment in “compact form” from the Provincial Policy Statement, to the Growth Plan for the Greater Golden Horseshoe (2020) to the Halton Regional Official Plan and the City of Burlington Official Plan. Despite these directions for more compact development, we see FGL requesting numerous variances that will allow them to overbuild the site and encroach on the environmental protections of the Natural Heritage System and the landscape setbacks.
The impacts of Climate change are current and real. We are seeing flooding and excessive heat recurring in the news and this is all too real for the citizens of Burlington since the 2014 flood. Yet we are reviewing a development proposal that disregards the importance of mature trees with a proposal to remove 23 of 42 on this small site. These trees cannot be replaced in our generation and will be detrimental to the City’s immediate needs. By cutting these trees we lose the cooling effects that they offer. How would the resulting increase in heating and cooling requirements of the surrounding buildings impact GHGs? We are mindful that the City of Burlington is striving to expand its tree canopy rather than reduce it. How does this strategy of removing trees on a brownfield development match with this policy? The trees‘abilities to absorb stormwater could be critical for the drainage next to this flood prone area. Maintaining setbacks that are prescribed in zoning are critical for landscape that can include space for the urban forest and other absorbing plants. In this proposal, one might ask about the future viability of a large canopy tree to be planted above the underground parking structure. These canopies do require space for a root structure to support the weight of the tree and will the underground parking be able to support this weight?
As a part of this development proposal, there is a request to rezone lands within the Regional Natural Heritage System to Open Space. Within the Climate Emergency that has been declared, does it make sense to offer less protection to flood prone lands and wildlife sanctuaries?
We note that the City of Burlington, in its efforts to encourage the use of public transit, is reducing the number of parking spaces required in developments such as this and others that require visitor parking. Perhaps the City is creating unintended consequences counterintuitive to sustainable development. We have become aware that the reduction in parking and landscape setbacks is resulting in snow removal operations to remote storage sites. Have we assessed the Green House Gases resulting from the loading equipment and the trucking operations? As part of our climate emergency, are we just replacing one type of GHG source with a second? Is this greenwashing? With the increased precipitation that is coming our way as a result of climate change, will there be even more snow to store? Parking is already an issue in commercial settings in winter due to the substantial piles of snow.
In the Hydrological and Water Balance Investigation report by EXP, we note that a Permit to Take Water (PTTW) will be required to pump the site during construction. This would be an indicator that the excavation and permanent underground garage will be into the water table on this site adjacent to a flood prone area. Despite references in EXP’s report to investigations by this company dating back to 2018, they indicate that they have not completed seasonal investigations. Shouldn’t this be required before any application is submitted and approved so that the City and Conservation Halton(CH) can properly assess the potential interruption in normal drainage patterns caused by this new underground structure? On page 5 of this report, we see the comments under Permanent Drainage include “Collection of groundwater monitoring information to address groundwater level seasonality will be undertaken by EXP as part of future hydrogeological scope of work.” What will the impact of the change in drainage patterns have on this neighbourhood? Will they experience flooding in their basements as a result? Will the City assess the GHGs generated by ongoing pumping and dehumidification requirements of this underground garage?
We have recently become aware of the “chocolate river” generated by a development under the applicant planner’s watch in Halton Hills. His hollow apology coincident with the request to allow the development to continue unimpeded by addressing the environmental concerns should raise concern of the City and CH to a level that requires extra analysis and review of applications submitted by this planner.
We note the environmentally sensitive issues of this site relative to wildlife and species at risk. Habitats for shelter from weather and nesting for these species could be reduced by the elimination of mature trees which will not be replaced for decades. Saplings just don’t provide the same level of support.
In closing, the concept of this brownfield development seems honourable however, the significant reduction of commercial space will impact both the existing residents who may currently walk to avail themselves of goods or services and the proposed new 123+ residents who may have mobility issues. We are asking the City, the Region and Conservation Halton to review all of these impacts with extreme caution to protect our City and its taxpayers from the escalating issues relating to the City’s Climate Emergency Declaration.
