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KEY MOMENTS

Burlington's Committee of the Whole met February 10, 2026, continuing a session that began the day before. The agenda was packed — a new residential zoning bylaw, a heated development charge debate, governance accountability amendments, and a Heritage Conservation District that's been 17 years in the making. The most contentious item was a two-year elimination of city development charges.

Mayor Marianne Meed Ward pushed for bold action in a housing crisis. Councillor Rory Nisan pushed back hard on the fiscal risk. A referral motion seeking a financing plan first was defeated. The elimination passed. All recommendations go to full council for a final vote on February 17, 2026.

  • Burlington's first new residential zoning bylaw in 25 years moves to council for final approval February 17

  • Committee approved a two-year full elimination of residential development charges (DCs) — an estimated $16M to $41M decision with no confirmed provincial or federal reimbursement

  • Referral motion seeking a financing plan before the vote failed to carry

  • Code of Good Governance amended with stronger accountability and transparency rules for council, staff, and the mayor

  • Burlington Avenue and Ontario Street Heritage Conservation District approved — a first for Burlington since 2009

  • E-scooter pilot update received; expansion to on-road bike lanes being explored

Why It Matters:

Burlington residents are facing a housing affordability crunch and rising property taxes at the same time. The DC elimination decision could cost the city between $16 million and $41 million over two years — drawn from reserves with no confirmed outside funding. If new construction doesn't respond, deferred infrastructure projects or higher future taxes could fill the gap. The new zoning bylaw will reshape what gets built in Burlington's neighbourhoods for the next 25 years.

FULL MEETING COVERAGE

Burlington's Committee of the Whole reconvened February 10 to work through major planning, housing, and governance items. All decisions made here are recommendations only — final votes happen at city council on February 17, 2026. Councillor Lisa Kearns (Ward 2) sent regrets and was absent for the full day. The meeting ran well into the afternoon, with the development charge debate consuming more than three hours.

New Residential Zoning Bylaw — First Overhaul in 25 Years

Burlington's zoning bylaw is over 25 years old. A zoning bylaw is the set of rules that governs what can be built on any property — how big, how many units, how far from the lot line, and what type of structure. The new bylaw — report DGM-05-26 — is Phase One of a full update. It covers residential areas only. Commercial, industrial, and institutional zones will follow in later phases.

Todd Evershed, Supervisor of Special Projects and Urban Design, presented the bylaw. The existing rules need replacing to align with Burlington's 2020 Official Plan — the city's master land use document — as required by provincial law. The project launched in early 2024. Public engagement included workshops, open houses, and a statutory public meeting. The final draft was released January 30, 2026.

Key changes:

  • Residential zone categories reduced from 31 to 9

  • New permissions for semi-detached homes and low-rise apartments along major streets and neighbourhood edges

  • Additional Residential Units (ARUs) — secondary suites, basement apartments, in-law units — expanded to allow up to two per detached home

  • Modernized parking standards and more flexible front-yard setbacks

  • Two-bylaw approach near rail lines to address noise and land use compatibility

Sandra Longden, Cornerstone Association of Realtors (7,500 members)

Longden called the bylaw "a step in the right direction" and praised the ARU provisions and new permissions for semi-detached and low-rise buildings as targeting the "missing middle" — housing types that first-time buyers and renters can actually afford.

Gar Napier and Jill Randall, Burlington Accessibility Advisory Committee (BAC)

BAC recommended deferring approval until a full accessibility review is completed. Napier told committee the bylaw's own jurisdictional scan "did not include a specific accessibility impact assessment." BAC's engagement during Phase One was limited to a single presentation in October 2025. BAC cited data that nearly 30% of Ontario residents have a disability, 40% of seniors live with one, and nearly 90% of seniors want to age in place. Without intentional accessibility standards in the bylaw, BAC argued, new housing will not meet those residents' needs.

Lloyd Rapini, Coral Gables Homes (builder since 1986)

Rapini raised a technical concern about lot coverage calculations. Under the LN5 zone rules, when setbacks are applied to a covered porch, a typical Burlington lot ends up with an effective lot coverage of 35% — not the 45% the bylaw allows. That gap costs over 1,000 square feet of livable space. He asked for clearer rules and flagged that staff were still editing the bylaw as of February 6.

Tyler Rapini, young builder

Tyler spoke from the perspective of his generation. He called for reduced minimum lot widths for semi-detached homes — the current 9-metre requirement forces a 20% variance on a typical Burlington lot. He also asked for more building height flexibility to raise basement foundations, making basement ARUs brighter and more livable. When Councillor Stolte asked whether younger buyers would prefer to own rather than rent purpose-built ARU units, Tyler said ownership would be a strong draw.

Staff committed to bringing forward minor technical corrections before the February 17 vote.

Vote Result: Carried
Individual councillor votes not recorded by name in the transcript.

Code of Good Governance — Accountability Amendments

Councillor Paul Sharman brought a motion memo to strengthen Burlington's Code of Good Governance — the policy that governs how council members and staff interact, how decisions get made, and how directions are given.

The motion focused on one key section: ensuring staff receive written direction and are not pressured by informal or verbal instruction from any individual council member.

This matters because Ontario's strong mayor legislation gives certain mayors expanded authority to direct staff unilaterally. Burlington has those powers. The motion was intended to make sure any direction — from the mayor or any councillor — is formally documented.

Councillor Rory Nisan, Ward 3

Nisan proposed a broader amendment. He noted parts of the Code contain inaccurate language — for example, suggesting council can direct local boards and committees, which it cannot. He called for a review of the Code against Halton Region's recently updated Code of Conduct, with the possibility of adopting the regional version as an interim measure. Having two separate codes — one for city matters, one for regional — is "tricky," he said.

Acting CAO (staff)

Staff confirmed support for updating the Code but cautioned against a full overhaul. With a 2026 municipal election on the horizon, they suggested a complete review might be better left to incoming council. Staff noted they are also waiting to see whether the province introduces a standardized municipal code.

Mayor Marianne Meed Ward

The mayor noted a provincial code, if introduced, would supersede Burlington's Code entirely. She said the motion is still an important signal of transparency.

"Individual councillors don't direct anybody nor does the mayor including under strong mayor powers without benefit of something being in writing"

Mayor Marianne Meed Ward

Councillor Shawna Stolte, Ward 4

Stolte called staff protection "the most important part of this motion," noting the line between directing and strongly suggesting can be dangerously thin for staff receiving instructions from elected officials.

Nisan's amendment was accepted by Sharman. The motion passed as amended.

Vote on Amendment: Carried

Vote on Motion as Amended: Carried Individual councillor votes not recorded by name in the transcript.

Development Charges — Two-Year Elimination Approved

Development charges (DCs) are one-time fees paid by builders when they receive a building permit for new homes. The fees fund growth-related infrastructure — roads, watermains, parks, and community facilities needed because of new development. Under Ontario's Development Charges Act, DC revenue can only be used for growth-related capital spending. It cannot fund operations or general city expenses.

Burlington's housing market has stalled badly.

CMHC (Canada Mortgage and Housing Corporation) is forecasting as few as 400 new housing starts in Burlington for 2026 — well below historical averages. Multiple projects have been cancelled. The city collected only $6.8 million in DCs in 2025.

Staff presented five options — ranging from a full DC bylaw amendment to targeted changes under the city's Affordable Rental Housing Community Improvement Plan (CIP).

A CIP allows the city to offer grants or incentives to developers tied to specific housing outcomes. Staff recommended the CIP route because it lets the city set conditions around affordability, tenure, and unit type — and can be structured so grants are only paid if provincial or federal funding is in place first.

Allison Ends, Development Planner

Ends told committee the development charge landscape has changed significantly since the original staff direction. The DC Act was amended. A regional CIP program was discontinued. Federal and provincial governments have signalled willingness to make municipalities whole for DC reductions — but no money has been committed.

Mayor Marianne Meed Ward

The mayor moved an amendment for a full two-year residential DC elimination. She cited Mississauga's similar program, where actual costs came in at about 2% of the projected impact.

"We are now in a housing crisis and off a cliff. And so this is really intended to kickstart some development"

Mayor Marianne Meed Ward

Councillor Rory Nisan, Ward 3

Nisan opposed the motion on fiscal grounds. He said there is no financing plan for what staff estimate could cost $16 million to $41 million.

He listed specific capital projects relying on DC reserves that could be at risk:

  • King Road renewal ($2.275 million in DC funding)

  • Cedar Springs Road renewal ($2.282 million)

  • Integrated Mobility Plan ($125,000)

  • Plains Road renewal ($1.5 million)

“Money doesn't come out of nowhere, guys. It's going to come out of somewhere,"

Councillor Rory Nisan

Councillor Shawna Stolte, Ward 4

Stolte challenged the affordability framing. A blanket DC reduction applies to market-rate housing including million-dollar townhouses.

"Saving $20,000 on a million-dollar townhouse — that's not helping people to put food on their table"

Councillor Shawna Stolte

Councillor Angelo Bentivegna, Ward 6

Bentivegna said he would not support the mayor's motion for fiscal reasons, but agreed Burlington needs to act quickly to rebound from the housing slowdown.

Nisan moved a referral asking staff to return with a full financing strategy by April 13, 2026. The referral failed. At Nisan's request, the mayor's motion was split into two paragraphs for separate votes.

Referral to Staff (Nisan): Did not carry

Vote — Part 1 (Two-Year DC Elimination): Carried

Vote — Part 2 (Government Advocacy): Carried

Individual councillor votes not recorded by name in the transcript.

Staff will provide quarterly updates on program uptake as part of regular financial reporting. A high-level financial memo will be prepared for council before the February 17 vote.

Burlington Climate Action Plan — Approved

The Burlington Climate Action Plan (PWS-01-26) had been pulled from the consent agenda the previous day by Councillor Sharman, who was not present on February 10. With no other councillors raising questions, the plan was moved and approved. Councillor Nisan moved the motion.

Vote Result: Carried Individual councillor votes not recorded by name in the transcript.

E-Scooter Micromobility Pilot Update

Staff presented an update on Burlington's shared e-scooter pilot (PWS-04-26). The program ran along one trail and showed strong ridership — including a spike during Ribfest at Spencer Smith Park.

The scooters have GPS and speed-limiting technology: they automatically slow to 15 km/h in the downtown core and cannot be physically taken off permitted routes.

Councillor Nisan said he would approve full expansion today if given the choice, but acknowledged the process should run its course. Staff are targeting a recommendation report back to committee by January 2027, which would include expanding the program to on-road bike lanes.

Councillor Bentivegna asked about public communications on rules and enforcement. Staff said a long-term education campaign — similar to recycling behaviour change programs — is being developed with corporate communications, police, and school boards ahead of Season 2. Provincial enforcement guidance is expected from the Ministry by March or April 2026.

Vote Result: Motion to receive for information carried.
Individual councillor votes not recorded by name in the transcript.

Heritage Conservation District — Approved

Committee approved the Burlington Avenue and Ontario Street Heritage Conservation District (HCD) plan and guidelines — report DGM-04-26. A Heritage Conservation District is a defined area where the Ontario Heritage Act protects the architectural and cultural character of the streetscape. Property owners inside an HCD need heritage permits before making certain changes to their buildings.

Commissioner Steve Robson noted that establishing an HCD is rare — it may happen once a decade across Ontario — and that Burlington's effort dates to 2009.

Mayor Marianne Meed Ward

The mayor called the outcome "incredible" after 17 years, describing the process as "threading a camel through a needle at a hundred paces."

Staff reported no formal objections from property owners within the district. One owner had concerns about receiving notice late, but after follow-up from staff was satisfied with the response and aware of the February 17 final vote.

Vote Result: Carried Individual councillor votes not recorded by name in the transcript.

Heritage Designation Candidates — Short List Approved

Committee directed staff to retain a consultant to assess 10 properties for potential heritage designation under the Ontario Heritage Act — report DGM-07-26. This is a study phase only. It does not designate any property. Formal consultation with each property owner will follow. Owners retain the right to object through the process.

The 10 properties:

  1. 2137 Lakeshore Road

  2. 1419 Ontario Street

  3. 2464 Dundas Street

  4. 1264 Lemonville Road

  5. 5535 G Line

  6. 1391 Ontario Street

  7. 1454 Birch Avenue

  8. 566 Locust Street

  9. 2187 Lakeshore Road

  10. 524 Hagar Avenue

Staff will consult with Heritage Burlington Advisory Committee and report back to council with statements of cultural heritage value before January 1, 2027.

Vote Result: Carried Individual councillor votes not recorded by name in the transcript.

UPCOMING KEY DATES

  • February 17, 2026 — Burlington City Council: Final votes on new zoning bylaw, DC elimination, Code of Good Governance amendments, Heritage Conservation District

  • Mid-March 2026 — Expected close of appeal period for new zoning bylaw (if enacted Feb. 17)

  • March/April 2026 — Provincial enforcement guidance expected for e-scooter programs

  • April 13, 2026 — Next Committee of the Whole meeting

  • Before January 1, 2027 — Heritage consultant report on 10 designation candidates due to council

  • January 2027 — E-scooter program expansion recommendation expected at committee

  • 2026 Municipal Election — Council members' positions on DC elimination, zoning, and governance now on public record

This analysis is based on the February 10, 2026 Burlington Committee of the Whole meeting and supporting documents. All quotes, timestamps, and figures are drawn directly from official meeting transcripts.

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