Recommendation: APPROVE the application for a Zoning … · the application for a Zoning By-law Amendment, submitted by Millington & Associates, 3380 South Service Rd., Burlington,

Page 1 of Report PB-22-13

Planning and Building Department TO: Development and Infrastructure Committee

SUBJECT: Rezoning Application for 2071 Ghent Avenue

Report Number: PB-22-13 File Number(s): 520-13/12

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

Date to Committee: February 25, 2013 Date to Council: March 18, 2013

Recommendation: APPROVE the application for a Zoning By-law Amendment, submitted by Millington & Associates, 3380 South Service Rd., Burlington, Ontario, L7N 3J5, on behalf of Northhaven Homes c/o Steve Persichetti, 400 Creditstone Road, Unit 26, Concord, ON. L4K 3Z3 to rezone the lands at 2071 Ghent Avenue from H-RM1 to RM2-440, to permit a four-storey, six-unit townhouse building; and INSTRUCT staff to prepare the Zoning By-law 2020 amendment, subject to:

• Execution of a Residential Development Agreement including the conditions contained in Appendix D.

• The payment of variable rezoning fees, development charges • Submission of an Environmental Site Screening Questionnaire to

the Region of Halton • Submission of a letter of reliance for the Phase I ESA from the

qualified professional who submitted the report, to the satisfaction of the Halton Region.

• Dedication to the city, free of charge, lands for a +/- 0.91m road widening of Ghent Avenue, pay all associated costs, including the cost of preparing the reference plan.

“Exception 440: 1. The following is the only permitted use: 6 townhouse units 2. Regulations for Townhouses: Lot Width: 21 m


Lot Area: 0.14 ha Density: 43 units per hectare maximum Front Yard: 5.5 m (to the building and roofed over porch) Rear Yard: 1.5 m Side Yard (east): 4.0 m Maximum Building Height: 4 storeys up to 13.1 m Internal Garage Dimensions: The minimum internal garage depth shall be 5. 48 m Parking Space and Driveway setback from a wall of a building containing windows of habitable rooms: 1.7 m Privacy Areas (units 1 & 6): 19.65 m2 minimum Privacy Areas for ground-oriented amenity space: Privacy Areas are permitted to have privacy screens which have a fenced opening on the side opposite the building Except as amended herein, all other provisions of this By-law, as amended, shall apply.”

DEEM that the amending Zoning By-law conforms to the Official Plan for the City of Burlington.

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

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

The proposed rezoning application, if approved, would contribute toward the strategic direction, Vibrant Neighbourhoods, as identified in the Burlington’s Strategic Plan, Burlington, Our Future. Specifically, it contributes to Action 2C - Promote walking and cycling-friendly neighbourhoods to ensure community safety and accessibility.


Report Fact Sheet

RECOMMENDATIONS: Approval with Conditions Ward No.: 2

Appl

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APPLICANT: Millington & Associates

OWNER: Northhaven Homes

FILE NUMBERS: 520-13/12

TYPE OF APPLICATION: Zoning By-law Amendment

PROPOSED USE: Four-storey, six-unit townhouse building

Prop

erty

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PROPERTY LOCATION: North side of Ghent Avenue, east of Brant St and west of Pearson St.

MUNICIPAL ADDRESSES: 2071 Ghent Ave

PROPERTY AREA:

0.14 ha; Approximate Ghent Avenue Frontage: 22 m

EXISTING USE: Residential/Commercial - single family dwelling, greenhouse, commercial building with apartment above.

Docu

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OFFICIAL PLAN Existing: Residential – Medium Density

OFFICIAL PLAN Proposed: No Change

ZONING Existing: H-RM1 (Residential Medium Density)

ZONING Proposed: RM2-440 (Site Specific)

Proc

essi

ng D

etai

ls NEIGHBOURHOOD MEETING: June 25, 2012

PUBLIC COMMENTS: Staff received some emails as well as written comments from the neighbourhood meeting.

PROCESSING TIME:

9 Months


Area Sketch

Air Photo


Background: Site & Application Details

Site Description The 0.14 ha site is located on the north side of Ghent Avenue, east of Brant Street and Grove Tree Lane and west of Pearson Street as shown on the Location Sketch and Air Photo above. The property currently supports a residential dwelling (bungalow with multiple additions) as well as an in-ground swimming pool, two-storey commercial building (workshop) with a residential unit above as well as a greenhouse. The property is primarily surrounded by residential land uses of various densities. To the north of the subject site is a church as well as a four- and six-plex. To the south are single detached homes, the subject of another development application (520-10/12), as well as some additional single-detached homes (currently zoned for medium density residential). To the east is a three storey apartment building and to the west are street townhouses.

Background On August 10, 2012, the City acknowledged that a complete application had been received for the proposed rezoning for 2071 Ghent Avenue. A joint neighbourhood meeting was held on Monday, June 25th in Council Chambers at City Hall. This meeting dealt with both the subject application and an application by Branthaven Homes (Origins) for 2072-2102 Ghent Avenue to rezone eight properties to permit a 58-unit condominium townhouse development (520-10/12). There were approximately 40 members of the public in attendance at this meeting. A statutory public meeting was held on October 22, 2012 at the Community Development Committee of Council. There were no delegations for the application.

Description of Application

The purpose of the rezoning application is to permit a 6-unit, four storey townhouse building with site specific yard requirements. The proposed development is to be oriented with the front entrances facing west and each of the units features two second floor patios. Each unit is to include two parking spaces, one in the garage, and one on the driveway area, with garage and utilities to be located on the ground level. Three visitor parking spaces are to be provided at the rear of the property. Enhanced vegetation is proposed along Ghent Avenue. Appendices A & B contains a conceptual sketch and artist’s renderings of the proposed development.


The applicant is requesting a site-specific Zoning By-law Amendment from the site’s current H-RM1, Medium Density Residential zone with a Holding Zone to ensure servicing issues are adequately addressed, to a site-specific RM2 zone designation of the Zoning By-law (RM2-440).

Technical Reports and Supporting Materials

The following technical reports and supporting materials were submitted in support of the applications:

• Planning Justification Report (Prepared by Greg Poole & Associates Inc., January 2012)

• Site Plan (Prepared by Millington & Associates) • Floor Plans (Prepared by Structured Creations, June 5, 2012) • Zoning Modifications Requested (Prepared by Millington &

Associates, July 10, 2012) • Layout and Planning Plan (Prepared by N.J. Sinclair, May 29,

2012) • Site Grading and Servicing (Prepared by AMEC Environment &

Infrastructure, May 2012) • Survey (Prepared by Mackay Mackay & Peters Limited, February

2, 2012) • Water Usage and Sanitary Discharge Report (Prepared by AMEC

Environment & Infrastructure, June 7, 2012) • Pervious-Impervious Conditions review (Prepared by AMEC

Environment & Infrastructure, June 28, 2012) • Hydrant Flow Testing (Prepared by Jackson Waterworks, June 26,

2012) • Arborist Report and Tree Preservation Plan (Prepared by Welwyn

Consulting, May 29, 2012) • Phase I Environmental Site Assessment (Prepared by Soil-Mat

Engineers & Consultants Ltd., May 22, 2012) • Noise Study – Central Air Conditioning Units (prepared by dBA

Environmental Services Inc., January 17, 2012) • Building Height Comparison (Prepared December 13, 2012)

Policy Framework The proposed zoning by-law amendment application is subject to the following policy framework: the Provincial Policy Statement, 2005 (PPS), the Places to Grow: Growth Plan for the Greater Golden Horseshoe, the Halton Region Official Plan, the City of Burlington Official Plan and Zoning By-law 2020.

Provincial Policy Statement, 2005 (PPS)

The Provincial Policy Statement (PPS), 2005, provides direction on matters of provincial interest related to land use planning and development. All municipal land use planning decisions must be consistent with the PPS.


The proposed application is consistent with the PPS, specifically with policies related to Part V, Section 1, Building Strong Communities. Policy 1.4.3 states, “Planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by: (a) 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.” The proposed rezoning application is consistent with the PPS as it represents intensification of a property which has been identified for higher intensity growth. The proposed development makes better use of an under-utilized parcel of land that is currently serviced and provides an alternative to low density residential development in a neighbourhood on the periphery of the downtown. Halton Region planning staff also reviewed the application in the context of the PPS and indicated that it is not in conflict with the PPS.

Places to Grow – Growth Plan for the Greater Golden Horseshoe

The 2006 Places to Grow Growth Plan for the Greater Golden Horseshoe (Growth Plan) encourages cities and towns to develop as complete communities with a diverse mix of land uses. The proposed Zoning By-law amendment conforms to the Places to Grow Growth Plan, specifically policies related to Managing Growth (Part 2, Section 2.2.2). Policy 2.2.2.1 states that, “population and employment growth will be accommodated by a) directing a significant portion of new growth to the built-up areas of the community through intensification”; and h) encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services.” Planning staff finds that the subject rezoning conforms to the Growth Plan as, if approved, it will be provide population growth within the built-up area of Burlington, in close proximity to the downtown and contributes to a mix of housing types. Staff is satisfied that the proposed Zoning By-law amendment conforms to the Growth Plan.


Halton Region planning staff also commented that the application conforms to the Growth Plan.

Halton Region Official Plan

The subject site is identified as “Urban Area” in Halton Region’s Official Plan (ROP). The Official Plan states that permitted uses shall be in accordance with local Official Plans and Zoning By-laws and other polices of the ROP. Halton Region has provided comment on the application and finds that the application conforms to the Regional Official Plan, 2006, in principle, subject to the resolution of a potential contamination issue to be addressed later in the report.

City of Burlington Official Plan

2071 Ghent Avenue is designated as Residential-Medium Density” in Burlington’s Official Plan (Schedule B). One of the objectives of the residential designation is to encourage new residential development and residential intensification within the Urban Planning Area in accordance with provincial growth management objectives, while recognizing that the amount and form of intensification must be balanced with other planning considerations such as infrastructure capacity, compatibility and integration with existing residential neighbourhoods (Part III, Subsection 2.2.1a). Another objective of the residential designation is to “provide, where compatible, housing opportunities in proximity to employment areas and residential support uses such as shopping and recreational areas to create opportunities to reduce travel times” (Part III, Subsection 2.2.1c). Lastly, the Official Plan objects to “require new residential development to be compatible with surrounding properties.” Part III, Section 2.2.2 provides general policies for Medium Density designated areas: “In Residential – Medium Density areas, either ground or non-ground-oriented housing units with a density ranging between 26 and 50 units per net hectare shall be permitted” (Part III, Section 2.2.2.d)) and states that, “detached and semi-detached homes, townhouses, street townhouses and stacked townhouses, back to back townhouses, attached housing and walk-up apartments shall be permitted in Residential- Medium Density areas, provided that these forms meet the density as specified in Part III, Subsection 2.2.2 d), for these areas; and Staff notes that the density of the proposed development is within the range for Residential-Medium Density at 42 units per hectare and that townhouses are a permitted form of Residential- Medium Density development.


Part III, Section 2.5 of the Official Plan provides a set of evaluation criteria that must be reviewed when considering an application for intensification: “The following criteria shall be considered when evaluating proposals for housing intensification within established neighbourhoods:

1. Adequate municipal services to accommodate the increased demands are provided, including such services as water, wastewater and storm sewers, school accommodation and parkland; Halton Region and City of Burlington staff have reviewed the proposed application for servicing and waste and storm water issues and indicated that they had no concerns with the increased demands of the proposed development on the existing servicing. Both agencies have provided a series of conditions pertaining to servicing which will be addressed at the site plan approval stage. Tom Thompson Public School and the Optimist Park on Prospect Street are located in close proximity to the subject property. Lastly both the Halton District School Board and the Halton Catholic District School Board did not indicate any concerns regarding school accommodation through the technical circulation. Parkland Dedication will be paid at the building permit stage.

2. Off-street parking is adequate; The applicant has provided all required tenant and visitor parking spaces as a part of the proposed development as per the Zoning By-law regulations. Each unit is bring proposed with two parking spaces (one in the garage, one in the driveway) as well as three visitor spaces provided at the north west corner of the property.

3. The capacity of the municipal transportation system can accommodate any increased traffic flows, and the orientation of ingress and egress and potential increased traffic volumes to multi-purpose, minor and major arterial roads and collector streets rather than local residential streets; Given that the development proposes only 6 units, a Traffic Impact Study was not required as a part of the application. City


of Burlington Transportation Services staff did review the proposed development and reported that the proposed development will generate approximately 3-trips in the AM and an additional 3 trips in the PM. Transportation Services had no concerns with the proposed application.

4. The proposal is in proximity to existing or future transit

facilities; The proposed development is located on Ghent Avenue, approximately 250m (.25km) from a Burlington Transit bus route (Route 2) and a stop at Ghent Avenue and Brant Street. Additionally, the Burlington GO Station is located less than 2 km from the site.

5. Compatibility is achieved with the existing neighbourhood character in terms of scale, massing, height, siting, setbacks, coverage, parking and amenity area so that a transition between existing and proposed buildings is provided; Compatibility is defined within the Official Plan as “Development or re-development that is capable of co-existing in harmony with, and that will not have an undue physical (including form) or functional adverse impact on, existing or proposed development in the area or pose an unacceptable risk to environmental and/or human health…” Staff notes that the site’s location on Ghent Avenue is appropriate for a medium density development as both the Official Plan and Zoning By-law have identified this portion of Ghent Avenue for intensification. The applicant is requesting a four-storey townhouse development to a maximum height of 13.03 m. The site is surrounded on both sides by medium density development: two storey street townhouses (10.1 m in height) to the west and a three-storey walk-up apartment building (10.5 m in height) to the east, identified as High Density Residential. To the north of the subject property is a church as well as a four- and six-plex. To the south are single detached homes, the subject of another development application, as well as some additional single-detached homes (currently zoned for medium density residential). The proposed building has been sited along the eastern property boundary, which is shared with the apartment and is buffered by the driveway to the apartment building as well as the rear yards


of the proposed townhouses. The siting of the development will provide the least amount of impact to the adjacent townhouse development’s amenity areas. The orientation of the proposed development, with the end of the townhouse block fronting onto Ghent Avenue provides the least amount of massing visible from the street. The mass has been reduced through the placement of the fourth storey within the roof line, giving the building a three and a half storey appearance to blend the proposed development into the existing streetscape and to provide an appropriate transition between the medium density development to the west and the higher density apartment building to the east. Lastly, the massing will be reviewed extensively through the site plan approval process to present an upgraded façade along Ghent Avenue. The setbacks proposed are generally compliant or slightly reduced from the Zoning By-law regulations, with the exception of the rear yard setback which is proposed to be reduced. Staff notes that in the case of the proposed development, the rear yard effectively functions as the side yard for the last townhouse unit. The side yard setback (east elevation) is also proposed to be reduced marginally. Staff also notes that a road widening of 0.91 m is required which has reduced the front yard. This front yard is compatible with other buildings long Ghent Avenue. The amenity areas proposed include rear yards as well as two second storey balconies. Staff finds that the proposed building meets the intent of the compatibility policies used in assessing intensification applications. Lastly, the applicant will be required to undergo a site plan review process where materials and other design elements will be examined in close detail.

6. Effects on existing vegetation are minimized, and appropriate compensation is provided for significant loss of vegetation, if necessary to assist in maintaining neighbourhood character; In order to facilitate the proposed development, a number of trees are proposed to be removed. In total, there are 34 trees with potential to be affected by the development (on the subject site, neighbouring trees within 6 m of the property line shared ownership trees). There are no city trees affected by the


proposed development. Of the 34 trees inventoried, a total of 11 are proposed to be preserved, 8 of which are located on neighbouring properties. Of the 23 to be removed, 14 are from the subject site and 9 are shared ownership trees which will require consent of the adjacent property owner to be removed through the site plan process. In lieu of the vegetation proposed to be removed, the applicant is proposing a fairly extensive landscaping plan to provide a vegetative buffer along all property lines. Staff notes that the existing site contains a large amount of mature vegetation and as such, a detailed review of the proposed landscaping plan will be required at the site plan stage.

7. Significant sun-shadowing for extended periods on adjacent

properties, particularly outdoor amenity areas, is at an acceptable level; A sun shadowing study was not required with the application. However, the height and massing of the proposed building is consistent with adjacent development and, staff does not anticipate the building’s height will create extensive sun-shadowing.

8. Accessibility exists to community services and other neighbourhood conveniences such as community centres, neighbourhood shopping centres and health care; Given the proximity of the subject site to the downtown, Staff is satisfied that there is sufficient accessibility to existing community services. The Burlington Student Theatre is located approximately 500 m from the subject site and Burlington GO Station is located within 2 km. Lastly, there are a number of restaurants and community services offered along Brant and Fairview streets.

9. Capability exists to provide adequate buffering and other measures to minimize any identified impacts; Buffering is provided along the west elevation as the building has been sited closer to the driveway to the apartment building to the east. Additionally, landscaping will be required and reviewed at the site plan stage to further buffer the proposed development. A wood board fence is also proposed around the perimeter of the property. The L-shape of the property also permits the visitor parking spaces to be located at the rear of the


property, screened from the road and will be further screened to protect the amenity areas of adjacent properties. The parking area is located at the rear of the property in the “L” shaped portion of the property. Lastly, at the site plan review stage, the balconies will be reviewed to ensure that the privacy of adjacent property owners is maintained.

10. Where intensification potential exists on more than one adjacent property, any re-development proposals on an individual property shall demonstrate that future re-development on adjacent properties will not be compromised, and this may require the submission of a tertiary plan, where appropriate; The property to the west was recently redeveloped for townhouses and the parcel to the east is identified as High Density and contains an apartment building. Staff is of the opinion that the proposed development does not restrict development potential on any of the adjacent properties.

11. Natural and cultural heritage features and areas of natural hazard are protected; There are no known natural or cultural heritage features impacted by the proposed development, nor does the site contain any natural hazards.

12. Where applicable, there is consideration on the policies of Part II, Subsection 2.11.3 g) and m); These polices are not applicable to the site as it is not located within the South Aldershot Planning Area nor does the site contained a regulatory floodplain.

ix. Proposals for non-ground oriented housing intensification shall be permitted only at the periphery of existing residential neighbourhoods on properties abutting, and having direct vehicular access to, major arterial, minor arterial or multi-purpose arterial roads and only provided that the built form, scale and profile of development is well integrated with the existing neighbourhood so that a transition between existing and proposed residential buildings is provided. “ The proposed development is considered ground-oriented and as such complies with this criterion.

Based on the technical studies provided as a part of the application, the


technical circulation and staff’s detailed review of the application for intensification, staff is of the opinion that the general intent of the Official Plan is be satisfied.

City of Burlington Zoning By-law

Regulation

Permitted Use

Lot Width

2071 Ghent Avenue is zoned H-RM1 in Burlington’s Zoning By-law. RM1 is a medium density zone which permits detached and semi-detached dwelling units as well as duplex and triplex development. The applicant is seeking to re-zone the property from a RM1 zone to RM2, which permits a wider range of uses including fourplexs and townhouses. Appendix B contains a zoning sketch for the subject and adjacent properties. Additionally, the “H” holding symbol restricts re-development of the site until the City is satisfied that all services are sufficient for the development, transportation facilities are adequate, access to the development is adequate, land assembly has been addressed and that any other required studies have been submitted. The following modifications from the RM2 zone are being requested:

Required

Proposed

Comment

A range of permitted uses including Detached, Semi-Detached, Duplex, Triplex, Fourplex, Townhouse and Street Townhouse buildings

The following is the only permitted use: 6 Townhouse units

The applicant is requesting a site specific RM2 zone (RM2-440) to permit a six-unit townhouse building. Staff notes that a number of uses are permitted within the RM2 zone, but that all analysis done to date has been restricted to the proposal received. As such, staff’s recommendation is that the rezoning only permit the townhouses as proposed.

45 m 21 m The applicant requests a reduction in the required lot width to acknowledge the existing width of the property. The intent of the 45 m lot width requirement is to ensure that townhouses are developed on properties with sufficient frontage and area to accommodate not only


Lot Area

Density

Building Height

the townhouses themselves but also the parking, amenity areas and internal roadways. The irregular “L” shape of the property provides additional depth at the rear of the property to accommodate the required visitor parking and adequately sized driveways. Despite what numerically appears a large difference from the zoning regulation, the reduced width does not compromise the ability of the property to develop inline with the intent of the Zoning By-law.

0.4 ha 0.14 ha Similarly to the lot width requirement, the applicant is requesting a reduced lot area given the existing nature of the site. Staff notes that the site is able to function per the intent of the Zoning By-law at the reduced size with only minor changes required to other zoning regulations.

Min: 25 units per ha (3.5 units) Max: 40 units per ha (5.6 units)

43 units per net ha (6 units)

The applicant is requesting an increase in the permitted density of the property from a maximum of 40 units per ha to 43 units per ha. The Official Plan permits density of up to 50 units per hectare for Residential – Medium Density areas. At the current density maximum, a total of 5.6 units would be permitted on the subject property. The increased density takes the unit count for the property to 6 units. The increase in density is minor in nature and staff has no objection.

2 storeys (11.5 m)

4 storeys (13.03 m)

The applicant is requesting an increased height of 4 storeys from the


Front Yard Setback

maximum 2 storeys. The applicant provided a height comparison of adjacent properties. The townhouses to the west are two stories, built at a height of 10.12 m and the apartment building to the east is 10.51 m in height. The 13.03 m height for the proposed townhouses accounts for the 4 storeys of living space as well as an architectural feature along the north elevation. The width of the units and the presence of the garage restricts the amount of functional living space on the main floor. The height proposed is mitigated through the incorporation of the 4th storey into the roof line, giving it the appearance of a 3 ½ storey building. Staff is satisfied that the siting of the building along the east elevation reduces the impact on the adjacent townhouse development and concentrates the height closer to the high density use next door. If approved, the applicant will be required to go through site plan approval where further changes may be required to assist in mitigating the impact of the proposed height. The proposed height of the townhouse building is compatible with the intensifying streetscape of Ghent Avenue.

7.5 m 5.5 m The applicant requests a reduced front yard setback to accommodate the proposed townhouses building. The intent of the Zoning By-law requirement is to ensure a consistent


Rear Yard Setback

streetscape and to prevent sufficient space for parking and driveways in front yards. The intention of the Zoning By-law is maintained as the proposed setback is similar to the adjacent street townhouses (to the west) and is consistent with the planning principle of bringing buildings closer to the road to create a more pedestrian-friendly street environment. Staff notes that the parking function is satisfied due to the configuration of the site and proposed building. The reduced front yard also takes into account a 0.91 road widening which will be required to be dedicated to the city.

6.4 m 1.5 m The applicant is requesting a reduction in the rear yard setback requirement from 6.4 m to 1.6 m. The reduced setback is a function of the orientation of the building. In the case of the proposed development, the rear yard effectively functions as the side yard. The rear yard requirement is intended to provide sufficient space for unit amenity areas and circulation of the property. The proposed amenity areas are provided in the side yard (east side) and that circulation of the property is achieved by the proposed setback. Further, located adjacent to the rear of the subject property is a parking area for one of the fourplex buildings. Sufficient buffering has been provided on adjacent properties and to the reduction in the rear yard setback can be supported.


Side Yard Setback (east)

Internal Garage Dimensions (depth)

4.5 m 4.0 m The applicant requests a reduction in the side yard set back requirement for the east side from 4.5 m to 4.1 m. Due to the orientation of the building, the side yard functions as the rear yard for the townhouse units. Staff finds the reduction to be minor in nature as each of the units has more than the required amenity area and privacy area requirements. The rear yards of the townhouse units will be also be reviewed and subjected to landscaping requirements at the site plan review stage. Further, the property to the east contains an apartment building and associated driveway and parking. The apartment building will be buffered by the proposed townhouse building by the driveway.

6 m The minimum internal garage depth shall be 5. 48 m

The applicant is requesting a reduction in the internal depth of the proposed townhouse garages from the required 6 m to 5.48 m. The intent of minimum internal garage dimensions is to avoid projections into the unobstructed area, such as steps, that would render the garage and thus a parking space, unusable. A staff report prepared in 2006 (PL-06/06) provides data on the minimum internal garage dimensions of other municipalities and reports that other municipalities have required smaller minimums of unobstructed space (the City of Mississauga requires 5.2 m and the Town of Milton requires 5.3 m). Staff is satisfied that the granting of the variances would not lead to any significant impacts and that the proposed length would still allow functional use of the garage. Further,


Parking Space and Driveway setback from a

wall of a building containing windows of

habitable rooms

Privacy Areas

Privacy Screens

the proposed garages exceed the width requirements which provide additional and more functional storage space.

9 m 1.7 m The applicant requests a reduction in the driveway setback from a wall of a building containing windows of a habitable room from 9 m to 1.7 m. The reduction pertains to the internal driveway and the setback to the windows located on the main floor of the foyer of each townhouse unit. The design of the townhouse units is such that the main floor of each unit is used primarily by the garage and foyer/entrance space. The main living spaces are located on the remaining upper floors. As the foyer is used for short periods of time, prior to moving into the main living space, staff has no concerns with the reduction in this requirement. Further, staff is satisfied that any mitigative measures required can be addressed at the site plan stage, if approved.

Minimum 20 m2

Units 1 & 6: 19.65 m2

The applicant is requesting a reduction in the minimum required privacy area for 2 units (1 and 6, both end units). Staff notes that the proposed reduction is minor in nature and is satisfied that the residents privacy needs can be met as the site contains alternate shared amenity areas. Each unit also contains two -second storey balcony areas, one at the front and one at the rear of the units.

Privacy Areas are to be screened on all sides

Privacy Areas are permitted to have privacy screens

The applicant is requesting that the private amenity areas, each containing a privacy screen, have a fence located adjacent to the side property line to permit access at the rear of the


which have a fenced opening on the side opposite the building

amenity areas between units. The purpose is also to allow coordinated maintenance of the rear yard amenity areas The Zoning By-law requires that privacy areas be screened on all sides. The intent of this regulation is to ensure privacy and the definition of private space versus shared space on the property. This type of fenced opening within the privacy screen is commonly used at multi-residential properties without issue. Staff has no objection to the fenced opening of the privacy areas.

The applicant intends to comply with all other regulations as required.

Technical Review On August 14, 2012, staff circulated a request for comments to technical agencies both externally and internally. Burlington Hydro, Finance, Site Engineering Roads and Parks Maintenance, Burlington Economic Development Corporation, Halton Catholic District School Board, City of Burlington Transportation Services Department and the Halton District School Board indicated no objections to the proposed development and/or requested conditions be applied. Halton Region indicated that they do not object to the proposed rezoning in principle, however, had concerns with regards to contamination on the site due to the presence of an oil tank, located under the existing dwelling. The removal of the oil tank requires the demolition of the house which is currently occupied. Based on the concerns of the Region, staff recommends the following conditions be satisfied prior to the enactment of the proposed Zoning By-law:

• Submission of an Environmental Site Screening Questionnaire to the Region of Halton

• Submit a letter of reliance for the Phase I ESA from the qualified professional who submitted the report, to the satisfaction of the Halton Region.

• Dedicate to the city, free of charge, lands for a +/- 0.91m road


widening of Ghent Avenue, pay all associated costs, including the cost of preparing the reference plan. Reference plan and all associated plans shall be related to 6 degrees UTM Datum, NAD 83; and

All additional conditions provided by agencies will be addressed at the site plan review stage and will be included in a Residential Development Agreement.

Financial Matters In accordance with the 2012 Development Application Fee Schedule, all fees determined to date have been received.

Environmental Matters As discussed, the issue of a remaining oil tank buried beneath the existing house will be addressed at the site plan stage and will be required to be removed prior to the enactment of the Zoning By-law amendment.

Communication Matters In accordance with the standard practise of the department, a public notice and request for comments was sent to all property owners within a 120 m radius of the subject property on June 8, 2012 with a deadline for public comment of July 31, 2012. As discussed, a joint neighbourhood meeting was held on Monday, June 25th and was attended by approximately 40 members of the public, staff, the local ward councillor, both applicants and their representatives. Since the public consultation began, three emails from the public have been received as well as some comment sheets from the neighbourhood meeting. All correspondence received to date is attached in Appendix E and includes comments regarding:

Concern Staff Comment Height – out of character and wall like; prefer three storey townhouses with similar character to existing townhouses on Ghent Avenue.

Staff notes that the character of Ghent Avenue has been evolving over a number of years to achieve the Official Plan’s vision.

The number of units Under the current zoning regulations, a total of 5.6 units would be permitted. The applicant is requesting a slight increase in density to allow the 6th unit. Staff is satisfied that


the 6th unit will not create any negative impacts.

Noise Staff does not anticipate any excessive noise generated from the proposed development. It will function similarly to other residential properties adjacent

Traffic As previously discussed, the development is not expected to generate excessive traffic or have any negative impact on the existing and future levels of service. Staff have no concerns about traffic generated by the proposed development.

Makes area less desirable Neighbourhood desirability is out of the scope of a planning review. Staff notes that the application complies with the Council-approved vision in the Official Plan

Uniformity of sidewalk setback (with existing properties)

The applicant is proposing a setback of 5.5 m. The adjacent townhouse development has a front yard setback of 7.68 m and the apartment building to the east has a larger setback of 11.17 m, reflective of larger setbacks common in older developments. Further, staff has requested that a porch be added to the side elevation of the first townhouse unit. The setback to the actual building is 6.78 m, however, the porch reduces the setback to 5.5 m. The porch is a desirable design feature, giving the elevation facing Ghent Avenue more of a presence in the front yard, keeping it more in line with other south-


oriented properties along Ghent Avenue.

Public notice Similarly to the previous statutory public meeting and staff report, a notice was sent to all owners/tenants within 120m of the properties under application and all individuals that attended the neighbourhood meeting and/or requested to be added to the circulation list or whom provided written comments on the application.

Conclusion The proposed application has been reviewed in accordance with provincial, regional and municipal planning policies. Staff is of the opinion that the subject application is in conformity with all applicable planning policies. Staff recommends approval of the proposed site-specific rezoning application. Staff notes that the proposed development will undergo further review through the site plan review process, if approved.

Respectfully submitted, Jenna Puletto Planner – Heritage & Development 905-335-7600 ext. 7824

Appendices: A. Sketches – Zoning and Detail B. Conceptual Elevations C. Height Comparison D. Conditions to be applied in the Residential Development

Agreement E. Public Comments

Notifications: (after Council decision)

Name Mailing or E-mail Address

Steve Persichetti, Northhaven Homes Planning to Provide


Approvals: *required

*Department Head 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

Tony Millington, Millington & Associates Planning to Provide

Darren Sanger-Smith, Structured Creations Planning to Provide

Interested Parties Planning to Provide


Appendix A: Sketches – Zoning & Detail



Appendix B: Conceptual Elevation


Appendix C: Building Height Comparison


Appendix D: Conditions of Residential Development Agreement 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 agreements in effect on the date of the signing within one year of the date of Council approval, failing which, Council’s approval shall lapse, said Agreement to contain the following additional conditions: Complete the following to the satisfaction of the Director of Planning and Building:

1. Execution of a Residential Development Agreement including the conditions contained in Appendix D.

2. The payment of variable rezoning fees, development charges 3. Submission of an Environmental Site Screening Questionnaire to the Region of Halton 4. Submit a letter of reliance for the Phase I ESA from the qualified professional who

submitted the report, to the satisfaction of the Halton Region. 5. Dedicate to the city, free of charge, lands for a +/- 0.91m road widening of Ghent

Avenue, pay all associated costs, including the cost of preparing the reference plan. Reference plan and all associated plans shall be related to 6 degrees UTM Datum, NAD 83

Complete the following to the satisfaction of the Director of Engineering:

1. Additional investigations recommended by the Phase I Report (prepared by Soil-Mat 2. Engineers) are to be completed and provided for review and comment (Site plan stage) 3. Intrusive soil and groundwater sampling (pre- or post- demolition), intrusive designated

substance survey of building (pre-demolition) and any additional testing recommended in the report is to be conducted and results provided to the city

4. Correspondence with MOE regarding a record of spills in the area of the site or any notices against the owner of the site is required to be submitted to the city

5. Additional information regarding the removal/disposal of the underground fuel storage tank and of measures taken to confirm the MOE requirements are required to be submitted

6. A copy of the pervious-impervious conditions for the property (prepared by AMEC Environment & Infrastructure) is required to be signed by a Professional Engineer and submitted to the city (as a condition of site plan approval)

7. Please be advised that no shared trees can be removed without the neighbour’s written consent – please forward all correspondence.

8. Proposed tree hoarding is adequate and will be required to be installed as a condition of site plan approval.

9. The following changes are required to be made to the Site Grading and Servicing Plan (May 2012):

i. drawing needs to be signed and sealed by a Professional Engineer


ii. entrance to the site must be min. 6.0m wide (inside curb dimension), currently it is shown as 5.5m

iii. label snow storage area iv. including owner’s name and phone # on drawing v. driveways to be min. 6.7 m long

vi. label dimensions of visitor parking areas, parking stalls must be min 16.5 m2 (2.75m by 6m or 3m by 5.5m) – Include areas

vii. label designated loading and unloading areas viii. show deemed road width of Ghent Ave (a 0.91 m widening will be taken),

all setback should be shown from deemed width. ix. show all vegetation within 3.0 m of property lines, identify all trees with

caliper measuring 100mm or greater x. show existing elevations of north and east border properties

xi. show location of mud mat and silt sacs in the existing catch basins on Ghent Ave downstream from the site

xii. show tree protection xiii. sanitary manhole to be located at property line xiv. confirm swale invert at rear of middle unit is lower than elevation of

ground at back of unit xv. provide a solid wood board fence around permitted of property,

maximum height 2.0m except within 3.0 m of property line where height of the fence must not exceed 1.2m

10. Details of the air conditioning units including the location and sound rating of the units and sound level calculations for the units combined in relation to the adjacent 3-storey building.

11. Units shall meet the MOE Environmental Noise Guidelines for Installation of Residential Air Conditioning Devices.

Complete the following to the satisfaction of the Region of Halton:

1. Submit an Environmental Site Screening Questionnaire 2. Clarification on the following results:

a. “The potential of site contamination is to be considered medium and therefore recommend that additional investigations are required at this time, pending the results of the MOE database search which will be forwarded to Millington and Associates (Phase I ESA, Pg 15, Par 5).”

3. Submit a letter of reliance for the Phase I ESA from the qualified professional who submitted the report, to the satisfaction of the Halton Region.

4. Pay all applicable Regional Development Charges 5. Site Grading and Servicing plan requires revision to reflect the 250mm watermain in

advance of applying for a Regional Services Permit. 6. At the site plan stage, there will be specific conditions related to water capacity,

wastewater (sanitary) capacity and the availability of that capacity within the terms of site plan approval.


7. Regional Waste Management service will occur for the property for full waste material curb side (in a pile) pick up at the entrance to the complex. Regional collection vehicles will not drive into the site.

Complete the following to the satisfaction of the City Forrester: 1. 9 boundary trees will be lost or severely affected. This will require consent of the affected property owners as they share ownership Complete the following to the satisfaction of Burlington Hydro:

1. Service is available under BHI’s latest Standard Service Conditions 2. Service to be fed by [BHI’s] 4.16/2.4 KV, 3-phase primary system located on the south

side of Ghent Ave. Underground road crossing will be required and possibly installation of a new pole or upgrading one of the existing.

3. Relocation, modification or removal of existing hydro facilities, if required, shall be at the customer’s expense. (BHI will consult the latest Ontario Electrical Safety code (OESC) if possible issues with the clearances appear between existing hydro facilities and existing/proposed building structures.

4. Developer to acquire blanket easement in favour of BHI over the new development site 5. Hydro easement is to remain clear of heavy vehicle traffic 6. Customer is to ensure that BHI has access to the hydro facilities 7. Transformer vault access and locations are to be approved by BHI. 8. Developer is to ensure that BHI has access to the hydro facilities. 9. Project must meet City of Burlington standards 10. Do not excavate within 2 metres of hydro poles and anchors with the exception of the

termination pole where the duct structure shall be terminated by the customer under the supervision of the BHI inspector. Two pole supplies will be required

11. Please arrange for underground hydro cable locate(s), prior to beginning construction, by contacting Ontario One Call @ (800) 400-2255

12. Please refer to the latest edition of the Occupation Health and Safety Act (OHSA) and Regulations for Construction Projects when a work is planned to be performed in the proximity of hydro distribution system.

13. Arrange for disconnect and isolation of the power supply if a person or an equipment is to encroach on the minimum distance permitted under the OHSA and OESC.

14. Developer to obtain BHI Approval for meter locations prior to site plan approval and finalizing building foundation design.

Complete the following to the satisfaction of the Halton Catholic District School Board:

1. 1.Secondary students generated from this development will attend Assumption Catholic Secondary School (3230 Woodward Ave)

2. Elementary students generated from this development will attend St. John Elementary School (653 Brant St)

3. Condition to be fulfilled prior to final approval: a) That the owner agrees that a clause will be inserted into the Site Plan or

Development Agreement and all offers of purchase and sale for residential lots


and units, stating that “Catholic school 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.”

b) That the owner agrees in the Site Plan or Development Agreement to the satisfaction of the Halton Catholic District School Board, to erect and maintain signs at all major entrances to the new development advising prospective purchasers that if a permanent school is not available, alternative accommodation and/or busing will be provided. The owner will make these signs to the specifications of the Halton Catholic District School Board and erect them prior to the issuance of building permits.


Appendix E: Public Comments





Documents

Recommendation: APPROVE the application for a Zoning … · the application for a Zoning By-law Amendment, submitted by Millington & Associates, 3380 South Service Rd., Burlington,