Planning and Building Department TO: Development and …€¦ · Plan, in order to allow the proposed semi-detached residential use. The proposed Official Plan Amendment is contained

Page 1 of Report PB-33-13

Planning and Building Department TO: Development and Infrastructure Committee

SUBJECT: Report Recommending Approval of Official Plan Amendment and Rezoning Applications to Permit a Semi-Detached Dwelling at 513 Pearl St

Report Number: PB-33-13 File Number(s): 505-06/12 & 520-22/12

Report Date: April 8, 2013 Ward(s) Affected: 1 2 X 3 4 5 6 All

Date to Committee: May 6, 2013 Date to Council: May 21, 2013

Recommendation 1: APPROVE Amendment No. 91 to the City of Burlington Official Plan, as contained in Appendix I of Report PB-33-13, to enact a text change to the Emerald Neighbourhood Precinct policies to permit a semi-detached dwelling at the southeast corner of Pearl and Caroline Streets DEEM that Section 17 (21) of The Planning Act has been met; and INSTRUCT the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 91 as contained in Appendix I of Report PB-12-12. File: 505-06/12

Recommendation 2: APPROVE the application by Mattwood Construction Ltd., P.O. Box 91522 RPO, Roseland Plaza, Burlington, ON, L7R 4L6, to rezone the lands at 513 Pearl Street from DRL to DRL-442 to permit a proposed semi-detached dwelling. INSTRUCT staff to prepare the by-law to amend Zoning By-law 2020, as amended, rezoning the lands at 513 Pearl from DRL to DRL-442, implementing the draft zoning by-law contained in Appendix II of Report PB-33-13, upon completion by the applicant of the following:

1. Execution of a Residential Development Agreement including the conditions listed in Appendix III of Report PB-


33-13; 2. Payment of variable rezoning fees, on a per unit basis, in

accordance with By-law 127-2006, as amended;

DEEM that the amending zoning by-law will conform to the Official Plan for the City of Burlington once Official Plan Amendment No. 91 is adopted; and STATE that the amending zoning by-law will not come into effect until Official Plan Amendment No. 91 is adopted. File: 520-22/12

Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility

The purpose of the report is to recommend approval of Official Plan Amendment and Rezoning applications made by Mattwood Construction Ltd. for 513 Pearl Street, to permit a proposed semi-detached dwelling.

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

Permitting the proposed development will allow for the construction of a new semi-detached dwelling on a property within the Downtown Mixed Use Centre that will provide two residential units within close proximity to shops and services in the downtown core.


Staff Report PB-33-13 – 513 Pearl Street Files: 505-06/12 & 520-22/12 Proposed Official Plan Amendment and Rezoning to Permit a Semi-Detached Dwelling


REPORT FACT SHEET

RECOMMENDATION: Approval with conditions Ward No.: 2

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APPLICANT/OWNER: Mattwood Construction Ltd.

FILE NUMBERS: 505-06/12 & 520-22/12

TYPE OF APPLICATIONS: Official Plan and Zoning By-law Amendments

PROPOSED USE: Proposed Semi-Detached Dwelling

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PROPERTY LOCATION: South-east corner of Caroline and Pine Streets

MUNICIPAL ADDRESSES: 513 Pearl

PROPERTY AREA: 0.075 ha

EXISTING USE: 2 storey detached dwelling (multiple rental units inside)

D

ocum

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OFFICIAL PLAN Existing: Downtown Mixed Use Centre, and Emerald Neighbourhood Precinct

OFFICIAL PLAN Proposed: Downtown Mixed Use Centre, and Emerald Neighbourhood Precinct (text change)

ZONING Existing: DRL (Downtown Residential – Low Density)

ZONING Proposed: DRL-442 (modified Downtown Residential – Low Density)

Proc

essi

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Key Issues Processing time

Land use and built form compatibility 20 Weeks


Background:

Site Description The subject property is known municipally as 513 Pearl Street, and is located at the south-easterly corner of the intersection of Pearl Street and Caroline Street. The site has frontage on Pearl Street of approximately 20.5 m and on Caroline Street of approximately 37 m, with a total area of approximately 0.075 ha. There is some mature vegetation on the property, as well as street trees within the adjacent road allowances. The property currently contains a single detached dwelling, which is divided into two self-contained rental units (one on the upper floor and one on the ground floor). The dwelling itself was previously listed on the City’s inventory of heritage properties, but has since been removed. Surrounding land uses include the following (see attached Sketch No 1):

• North – Caroline Street and single detached residential • East – Single detached residential • South – Semi-detached and single detached residential • West – Townhouses and single detached residential

Development Proposal

The applicant proposes to develop a two storey semi detached dwelling on the subject site. Driveway access is proposed off Pearl Street with each unit having a single car driveway and garage. A conceptual site plan and conceptual front and street side yard building elevations can be seen in Sketch No’s 2 & 3.

Proposed Official Plan Amendment

The applicant has submitted an Official Plan Amendment application which proposes a site specific text change to the existing permitted use policies for the Emerald Neighbourhood Precinct under subsection 5.5.4 b) of Part III of the City’s Official Plan, in order to allow the proposed semi-detached residential use. The proposed Official Plan Amendment is contained in Appendix 1.

Proposed Zoning By-law Amendment

The applicant has also submitted a Zoning By-law Amendment application which proposes a site-specific modification of the existing DRL – Downtown Residential zoning provisions to permit the proposed semi-detached dwelling, with associated regulations for minimum lot width and area, dwelling setbacks, etc. The proposed zoning provisions are contained in Appendix II.

Discussion:

Provinical Policy Statement

Staff have assessed the proposed applications against the 2005 Provincial Policy Statement (PPS). This document is the


overarching land use planning document in the Province of Ontario, outlining matters of provincial interest and providing broad policy direction in these areas. All municipal planning decisions must be consistent with the PPS In this case, staff are satisfied that the proposed development is consistent with the PPS. The application is relatively straightforward but will implement the provisions of the PPS, including, among others, the following:

• Promoting efficient development and land use patterns • Promoting cost-effective development standards to minimize

land consumption and servicing costs • Focusing growth in settlement areas and providing an

appropriate mix and density of land uses • Providing for an appropriate range of housing types and

densities to meet project requirements • Directing development of new housing towards locations

where appropriate levels of infrastructure and public service facilities are or will be available

• Promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of alternative transportation modes and public transit in areas where it exists or is to be developed

Staff are satisfied that the proposed development is consistent with the above policies as the provision of a new semi-detached dwelling at this location will provide housing density within the City’s Downtown Mixed Use Center while utilizing existing infrastructure, services and facilities. The provision of a semi-detached dwelling will also add to the range of housing types and densities within the area.

Growth Plan for the Greater Golden Horseshoe

In addition to the PPS, the provincial Growth Plan for the Greater Golden Horseshoe (Places to Grow Plan) is also applicable to the proposed development. As such, staff have reviewed the proposal against the vision, principles and policies of this plan. Similar to the PPS, the Places to Grow Plan contains guiding principles to build compact, vibrant and complete communities, and optimize the use of existing and new infrastructure to support growth in a compact, efficient form. The plan further states that better use of land can be made by directing growth to existing urban areas. Further, the Places to Grow Plan contains policies for managing growth, including directing a significant portion of new growth to built-up areas and directing development to settlement areas that offer municipal water and wastewater systems.


Region of Halton Official Plan

The Official Plan for the Region of Halton designates the subject lands as Urban Area. The policies for this designation indicate that the permitted uses and creation of lots shall be in accordance with local Official Plans and Zoning By-laws. Further, the Region’s Official Plan indicates that a development proponent is required to indicate whether there is potential for any soils on site to be contaminated. In addition, the Plan requires that all new development in the Urban Area is to be on the basis of connections to Regional Servicing. In this case, should the applications be approved the proposed development would be in accordance with City’s Official Plan and Zoning By-law. Further, Region of Halton planning staff have indicated that the applicant has satisfied the requirement regarding clean soils and note that there are no contamination concerns for the subject lands. Lastly, the applicant is proposing full connections to the existing municipal services.

City of Burlington Official Plan

The subject site is located within the Downtown Mixed Use Centre as identified on Schedule B – Comprehensive Land Use Plan Urban Planning Area in the City’s Official Plan, and is further identified on Schedule E – Downtown Mixed Use Centre Land Use Plan to be within the Emerald Neighbourhood Precinct. The list of uses permitted within the general Mixed Use Center under subsection 5.4.2 of Part III of the City’s Official Plan includes medium and high density residential uses, and to a limited extent, low density residential uses. Further, the list of uses permitted within the Emerald Neighbourhood Precinct includes existing uses and detached dwellings to a maximum density of 25 units per net hectare and a maximum height of 2 ½ storeys. In addition, staff note that the City’s OP currently contains a policy under subsection 3.2 e) of Part VI which allows for minor variations from the numerical requirements in the Plan, provided the general intent of the Plan is maintained. This policy would allow for some flexibility in applying the 25 units per net hectare maximum density. Staff recommend that the City’s Official Plan be amended as per OPA 91, presented in Appendix 1. The purpose of the Official Plan Amendment application is to introduce the proposed semi-detached dwelling as a permitted use, where currently it is not permitted. However, there are other applicable policies that remain applicable to the proposed development, and staff have assessed the application against these. Specifically, the proposed residential development is subject to the policies found under Section 2.0 of Part III (Residential


Areas), Sections 5.4 (Mixed Use Centre), 5.5 (Downtown Mixed Use Center) and subsection 5.5.4 (St. Luke’s and Emerald Neighbourhood Precincts) of Part III, as well as various functional policies found under Part II (Functional Policies). Staff are satisfied that the proposed development is in keeping with all of the above-mentioned portions of the City’s Official Plan. The proposed development will help to provide a variety of housing that reflects current and future requirements of residents, and provides housing in proximity to the City’s downtown core by virtue of being located within the Downtown Mixed Use Center. The density is proposed at approximately 27 units per net hectare, which is acceptable for the property, compatible with the surrounding development, and in keeping with the flexibility regarding the numerical criteria as discussed above. In terms of compatibility, the proposed units will be similar in height and massing to other semi-detached dwelling units to the south. The front yard setbacks proposed are less than the existing semi-detached dwellings to the south, but greater than the single detached and townhouse units along this portion of Pearl. Staff or of the opinion that the proposed setbacks and built form will allow the proposed development to fit in well with the existing neighbourhood. Lastly, the proposal helps to integrate a range of housing types and tenure, meets the applicable housing intensification criteria, maintains the stable residential character of the Emerald Neigbourhood Precinct, and provides residential units that will contribute to the residential population that will strengthen the live/work relationship within the Downtown.

Zoning By-law 2020 The current zoning of the site is DRL – Downtown Residential Low Density, which does not currently permit semi-detached dwellings. The Zoning By-law Amendment application seeks a site specific zoning exception to allow a semi-detached dwelling on the subject site, while providing specific zoning regulations to match the proposed development. Staff recommend that the Zoning By-law be amended as per the proposed Zoning By-law Amendment 2020.331 presented in Appendix II. Staff have prepared the proposed amendment based on review of the application, semi-detached dwelling regulations currently in Zoning By-law 2020 for other zone designations, and examination of the surrounding area.

Downtown Urban Design Guidelines

The subject property is just beyond the area covered under the Downtown Urban Design Guidelines. As such, staff did not review the application against these guidelines. However, a quick analysis indicates that the proposed development is generally in keeping with portions of this document, including Low Rise Design and Architectural Quality.


Financial Matters: The applications were processed under the standard development application fees. As a condition of approval to the proposed Zoning By-law Amendment, staff require the applicant to pay the per unit residential fee.

Environmental Matters: The applicant has satisfied Region of Halton staff with respect to the protocol for contaminated sites. Based on the information provided by the applicant, there are no contamination concerns with the subject site.

Communication Matters:

Technical Circulation The applications were circulated to internal staff and external agencies for review and comment. No objections were received. However, conditions were requested by several parties. Some of these conditions have been resolved prior this report being finalized. Remaining conditions have been incorporated into the required Residential Development Agreement. The conditions proposed to be included in the agreement are outlined in Appendix III.

Public Consultation Details of the application were provided to nearby property owners in accordance with the provisions of the Planning Act. No objections were received from that notification. One letter indicated no objection to the proposed development based on the assumption that no changes to the standards of the Zoning By-law were being proposed. Staff responded by indicating that changes to the By-law provisions were in fact being proposed. No further communication occurred on the subject. Copies of public comments received are included in Appendix IV.

Conclusion: Staff have reviewed the applications in accordance with current Provincial, Regional and Municipal planning documents and have no objections. Staff are also of the opinion that the proposed development represents good planning, and recommend approval of Official Plan Amendment No. 91, and Zoning By-law 2020.331, subject to the conditions proposed.


Respectfully submitted, Mike Crough Planner - Development X 7427

Approvals: *required

*Department

City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Council Disposition & Comments

01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Appendices: I. OPA 91 II. Zoning By-law 2020.331 III. Zoning Conditions IV. Public Comments

Notifications: (after Council decision)

Name Mailing or E-mail Address





Appendix I

AMENDMENT NO. 91 TO THE OFFICIAL PLAN OF THE BURLINGTON PLANNING AREA (MATTWOOD CONSTRUCTION LTD. – 513 PEARL STREET)

CONSTITUTIONAL STATEMENT The details of the Amendment, as contained in Part B of this text, constitute Amendment No. 91 to the Official Plan of the Burlington Planning Area, as amended. PART A – PREAMBLE 1. PURPOSE OF THE AMENDMENT The purpose of this Amendment is to allow a semi-detached dwelling as a permitted use at 513 Pearl Street. 2. SITE AND LOCATION The subject site is located at the southeasterly corner of the intersection of Pearl Street and Caroline Street. The site has frontage on Pearl Street of approximately 20.5 m and on Caroline Street of approximately 37 m, with a total area of approximately 0.075 ha. Surrounding land uses include Caroline Street and detached dwellings to the north, detached dwellings to the east, semi-detached and detached dwellings to the south, and townhouses and detached dwellings to the west. 3. BASIS FOR THE AMENDMENT

a) The application is consistent with the PPS, Places to Grow Plan, and Region of Halton Official Plan. The proposed development will efficiently use land, infrastructure and public service facilities, and contribute to a range and mix of housing types.

b) The applicant submitted a planning justification report along with a site plan and

building plans which provide adequate information to assess and support the application.

c) The proposed development will provide housing within the Downtown Mixed Use Centre and the Emerald Neighbourhood Precinct, and is in proximity to the defined Downtown Urban Growth Centre Boundary. The proposed development will contribute to the live-work relationship in the downtown and provide a housing form that is compatible with the surrounding neighbourhood.


PART B – THE AMENDMENT 1. DETAILS OF THE AMENDMENT

Text Change: The text of the Official Plan of the Burlington Planning Area, as amended, is hereby amended as follows: By inserting the following policy e) within Part III, Land Use Policies – Urban Planning Area, Section 5.5 Downtown Mixed Use Centre, Subsection 5.5.4 The St. Luke’s and Emerald Neighbourhood Precincts:

“Southeasterly corner of Caroline Street and Pearl Street

e) Notwithstanding the policies of Part III, Subsection 5.5.4 b) above, a semi-detached dwelling is permitted on the property at the southeasterly corner of Caroline Street and Pearl Street

2. INTERPRETATION

This Official Plan Amendment shall be interpreted in accordance with the “Interpretation” policies of Part VI, Implementation, Section 3.0, Interpretation, of the Official Plan of the Burlington Planning Area.

3. IMPLEMENTATION

This Official Plan Amendment will be implemented in accordance with the appropriate “Implementation” policies of Part VI of the Official Plan of the Burlington Planning Area.


APPENDIX II –

BY-LAW NUMBER 2020.331, SCHEDULE ‘A’ AND EXPLANATORY NOTE

THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 2020.331

A By-law to amend By-law 2020, as amended; 513 Pearl Street File No.: 520 -22/12

WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, states that Zoning By-laws may be passed by the councils of local municipalities; and WHEREAS the Council of the Corporation of the City of Burlington approved Recommendation PB-33-13 on May 6, 2013 , to amend the City’s existing Zoning By-law 2020, as amended, to permit a semi-detached residential building;

THE COUNCIL OF THE CORPORATION OF THE CITY OF BURLINGTON

HEREBY ENACTS AS FOLLOWS: 1. Zoning Map Number 9A of PART 15 to By-law 2020, as amended, is hereby

amended as shown on Schedule “A” attached to this By-law. 2. The lands designated as “A” on Schedule “A” attached hereto are hereby

rezoned from DRL (Downtown Residential Low Density) to DRL-442 (Downtown Residential Low Density).

3. PART 14 of By-law 2020, as amended, Exceptions to Zone Classifications, is amended by adding Exception 442 as follows:

EXCEPTION NO. 442 1. Additional Permitted Uses:

Semi-Detached Dwelling 2. Regulations Applying to Semi-Detached

Dwellings:

Min lot width 9.4 m Min lot area 340 m2 Min front yard setback 6.6 m Min rear yard setback 9.8 m


Min side yard setback for two storey dwelling with attached garage or carport

0m, 1.2 m other side

Min street side yard setback 4.5 m Maximum dwelling height 10.75 m Maximum encroachment into a required front or

street side yard for a roofed over, unenclosed one-storey porch

1.6 m

Maximum encroachment into a required rear yard for a roofed over, unenclosed one-storey porch

3.1 m

Maximum lot coverage for two or more storey dwelling with attached garage

50%, including accessory buildings

Garage overhang/encroachment?? ?? Except as amended herein, all other provisions of this By-law, as amended, shall apply

5 a) When no notice of appeal is filed pursuant to the provisions of the Planning Act,

R.S.O. 1990, c.P.13, as amended, this By-law shall be deemed to have come

into force on the day it was passed

5 b) If one or more appeals are filed pursuant to the provisions of the Planning Act, as

amended, this By-law does not come into force until all appeals have been finally

disposed of, and except for such parts as are repealed or amended in

accordance with an order of the Ontario Municipal Board this By-law shall be

deemed to have come into force on the day it was passed.

ENACTED AND PASSED this ……..day of ………………… 2013.

MAYOR CITY CLERK



EXPLANATION OF PURPOSE AND EFFECT OF BY-LAW 2020.331 By-law 2020.331 rezones lands at 513 Pearl Street to permit the development of a semi-detached dwelling on this property. For further information regarding By-law 2020.331, please contact Mike Crough of the City Of Burlington Planning & Building Department at (905) 335-7600, extension 7427.

Zoning By-law Format.doc June 2011


Appendix III

Conditions of Zoning Approval

Prior to the enactment of the amending zoning by-law, the owner shall sign the City’s standard Residential Development Agreement and any other necessary agreement(s) in effect on the date of signing. The agreement(s) shall be signed within one year of the date of Council approval, failing which, Council’s approval shall lapse. The Residential Development Agreement shall include the following: 1) The owner shall complete the following to the satisfaction of the Director of Planning and

Building: a) The owner agrees to generally comply with the survey plan prepared by Ashenhurst

Nouwens Ltd, Planning Dept date stamped Dec 21, 2012. b) The owner agrees to generally comply with the preliminary building elevations prepared

by Wayne Harrison Designs, Planning Dept date stamped Dec 21, 2012.

c) At the site plan stage, submit a detailed grading, drainage and servicing plan for each unit.

d) Prior to demolition of the existing dwelling, provide two copies of a photographic record of the property for archival purposes.

2) The owner shall complete the following to the satisfaction of the City Forester: a) At the site plan stage, submit a tree preservation and landscape plan. City trees within

the adjacent Pearl Street and Caroline Street road allowances that are proposed for removal may require Council approval and compensation prior to being removed.

3) The owner shall complete the following to the satisfaction of the Halton Catholic District School Board:

a) That the owner agrees that a clause will be inserted into all offers of purchase and sale for residential units, that “sufficient accommodation may not be available for students residing in this area, and that you are notified that students may be accommodated in temporary facilities and/or bussed to existing facilities outside the area.” Further, the clause will specify that the “Halton Catholic District School Board will designate pick up points for the children to meet the bus on roads presently in existence or other pick up areas convenient to the Board”.


Notes:

1) The owner, its successors and assigns, is hereby notified that City development charges may be payable in accordance with By-law No. 49-2009, as may be amended, upon issuance of a building permit at the rate in effect on the date issued.

2) Educational Development Charges are payable in accordance with the applicable Education Development Charge By-law and are required at the issuance of a building permit. Any building permits which are additional to the maximum unit yield which is specified by the Development Agreement are subject to Education Development Charges prior to the issuance of a building permit, at the rate in effect at the date of issuance.

3) Regional Development Charges and Surcharges are payable in accordance with the applicable Regional Development Charges By-law. The owners will be required to pay all the applicable Regional development charges prior to the issuance of building permits, unless a servicing (or other form of development) agreement is required, in which case the water and wastewater portion of the Regional development charges are payable upon execution of the agreement.


Appendix IV – Public Comments




Documents

Planning and Building Department TO: Development and …€¦ · Plan, in order to allow the proposed semi-detached residential use. The proposed Official Plan Amendment is contained