Recommendation - Burlington€¦ · Recommendation: APPROVE the application for a Zoning By-law...

of Report PB-12-13

Planning and Building Department TO: Development and Infrastructure Committee

SUBJECT: Rezoning Application for 2386 / 2400 New Street

Report Number: PB-12-13 File Number(s): 520-19/12

Report Date: March 20,2013 Ward(s) Affected: 1 2 3 4 5 6 All

Date to Committee: April 15, 2013 Date to Council: April 29, 2013

Recommendation: APPROVE the application for a Zoning By-law Amendment, submitted by CLV Group Inc., 485 Bank St, Suite 200, Ottawa, ON. K2P 1Z2, on behalf of Interrent REIT, 485 Bank St. Suite 207, Ottawa, ON. K2P 1Z2, to rezone the lands at 2386 & 2400 New Street from RH1 to RH1-443 to permit an increased density to allow the conversion of existing storage space into 10 additional apartment units; and INSTRUCT staff to prepare the By-law to amend Zoning By-law 2020, as amended, rezoning the lands from RH1 to RH1-443, following payment of all applicable fees. The exception is to contain the following provisions: “Exception 443:

Density: 194 units per hectare maximum Required Occupant Parking: 276 parking spaces, including 5 accessible parking spaces Required Visitor Parking: 13 parking spaces, including 0 accessible parking spaces Parking lot setback abutting New Street: 0 m Driveway setback abutting a habitable room on the south elevation: 1.3 m Front Yard: 5.3 m Required Amenity Area: 29 m2 per unit Building Height: 11 storeys maximum Landscape area abutting New Street: 5.3 m; 0 m for Parking Lots Landscape buffer abutting a RM1 zone: 2.6 m (west side); 2.75 m (south side)

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

of Report PB-12-13

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 Zoning By-law Amendment application, if approved would satisfy the Vibrant Neighbourhoods Strategic Direction. Specifically, the proposed development assists in achieving Action item 2c – promote walking and cycling-friendly neighbourhoods to ensure community safety and accessibility. Additionally, the proposed development can contribute to the second strategic direction, Prosperity. Specifically, the development contributes to the expected results associated with Action 1a – develop an Official Plan that considers lifestyle opportunities for young adults and 2c – work with the Region of Halton and others to provide a range of housing options, including affordable housing.

of Report PB-12-13

Report Fact Sheet

RECOMMENDATIONS: Approval with Conditions Ward No.: 2

Appl

icat

ion

Deta

ils

APPLICANT: CLV Group Inc.

OWNER: Interrent REIT

FILE NUMBERS: 520-19/12

TYPE OF APPLICATION: Zoning By-law Amendment

PROPOSED USE: Increased density to allow conversion of existing storage areas into 10 new apartment units

Prop

erty

Det

ails

PROPERTY LOCATION: South side of New Street, west of Guelph Line and east of Burlington Central Library at the terminus of Beverley Drive.

MUNICIPAL ADDRESSES: 2386/2400 New St

PROPERTY AREA:

1.2 ha (approximate); Approximate New Street Frontage: 127m

EXISTING USE: Two 11-storey apartment buildings (approximately 40 years old)

Docu

men

ts

OFFICIAL PLAN Existing: Residential – High Density

OFFICIAL PLAN Proposed: No Change Proposed

ZONING Existing: RH1

ZONING Proposed: Site-specific zoning (RH1) to permit increased density caused by conversion of existing storage areas

Proc

essi

ng

Deta

ils NEIGHBOURHOOD MEETING: None Required

PUBLIC COMMENTS: Staff received three emails as well as one phone call.

PROCESSING TIME: 7 months

of Report PB-12-13

Background: On September 28, 2012, the planning and building department acknowledged that a complete application had been received for the proposed rezoning at 2386 & 2400 New Street. This report provides details of the proposed applications, a summary of applicable policies and regulations, and changes proposed to them as well as a summary of technical and public comments received to date. This report recommends that the application be approved subject to conditions appended to the staff report.

Site Description: The subject site is approximately 1.2 hectares in size and is located on the south side of New Street, west of Guelph Line and east of the Burlington Central Library. The property is located at the terminus of Beverley Drive, as shown on the Location Sketch and Air Photo below. The property has an approximate frontage of 127 m along New Street. The property currently supports two 11-storey apartment buildings connected by a two-level covered parking structure. The site also includes parking at grade and contains two access points from New Street. The property abuts residential uses of various intensities on all but one side. To the east and north of the property, are high density residential uses; to the west is a medium density townhouse development. Immediately adjacent to the property to the south is the Centennial Multi-Use Trail. South of the trail are low density residential uses.

of Report PB-12-13

Location Sketch

Air Photo

Description of Application

The purpose of the application is to permit an increased density to allow the conversion of existing storage areas within two existing 11-storey apartment buildings, constructed approximately 40 years ago. The applicant requests an amendment from the maximum of 75 units per hectare (based on the Zoning By-law regulations) to 194 units per

of Report PB-12-13

hectare. The current density is 184 units/hectare. Four units are proposed to be added to the building municipally known as 2386 New Street. These four units will be on the ground floor along New Street and will be 1-bedroom plus den units. Windows will be added for living rooms and bedrooms. Six units are proposed to be added to the building municipally known as 2400 New Street. These proposed units will consist of four 1-bedroom units on the ground floor (south side of the building) with private patios and one 2-bedroom unit and one bachelor unit on second floor directly above. Proposed floor plans for each of the 10 new units are included in Appendix B. The applicant also seeks to acknowledge other issues of non-compliance associated with this building which, as it was constructed before the passing of the current Zoning By-law, is considered legal non-conforming. These issues include tenant and visitor parking, yards, height, amenity area, parking lot and driveway setbacks as well as landscape areas and buffers. Appendix A contains a conceptual site plan layout for both 2386 & 2400 New Street.

Technical Reports The following studies have been submitted in support of the proposed Zoning By-law amendment:

1. Planning Justification Report (Revised: February 2013) 2. Environmental Site-Screening Questionnaire (Dated August 14,

2012) 3. Reliance Letter (Dated August 14, 2012) 4. Phase I Environmental Site Assessment (Dated January 9, 2012) 5. Building Condition Assessment Report & Photo Appendix (Dated

January 13, 2012) 6. Functional Servicing Report (Dated July 30, 2012)

Policy Framework The proposed Zoning By-law amendment is subject to the following policy framework: the Provincial Policy Statement (PPS), 2005, 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

of Report PB-12-13

consistent with the PPS. The proposed application is consistent with the PPS, specifically with policies related to Part V, Section 1, Building Strong Communities. Section 1.1.3 of the PPS deals with settlement areas and states: “Settlement areas shall be the focus of growth and their vitality and regeneration shall be promoted” (policy 1.1.3.1). Further, it states, “Land use patterns within settlement areas shall be based on: a) densities and a mix of land uses which: 2. are appropriate for, and efficiently use, the infrastructure and

public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion” (policy 1.1.3.2 a) 2.).

Lastly, the PPS directs municipalities to “…identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected need (policy 1.1.3.3). The application for increased density is consistent with the PPS as the site is located in the urban area, within two existing buildings currently undergoing a revitalization. The proposed new units make efficient use of existing infrastructure and public services without any additional cost or expansion. Section 1.4 of the PPS deals with housing policies and 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: b) permitting and facilitating:

1. all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; and

2. all forms of residential intensification and redevelopment in accordance with policy 1.1.3.3;

d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use

of Report PB-12-13

of alternative transportation modes and public transit in areas where it exists or is to be developed.” The rezoning application is consistent with the PPS as it contributes to the rental housing stock in Burlington’s urban area at a variety of price points. It also represents small-scale intensification in an area which can comfortably accommodate it with minimal impact to the surrounding neighbourhood. Staff also notes that through the circulation process, Halton Region planning staff also concluded that the application complies with the PPS.

Places to Grow – Growth Plan for the Greater Golden Horseshoe (PTG)

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. 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; e)providing convenient access to intra- and inter-city transit; 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 it promotes growth within an already built-up area of the city which has access to transit opportunities as well as active transportation options like the Centennial Multi-use Trail. Lastly, it contributes to a mix and range of housing types through the increase in rental housing stock and is located a short distance away from commercial uses at the intersection of Guelph Line and New Street and the community uses in the Central Park area. Staff also notes that through the circulation process, Halton Region planning staff also concluded that the application complies with the Growth Plan.

Halton Region Official Plan

The subject site is designated ‘Urban Area’ in the Regional Official Plan. The Regional Official Plan states that the range of permitted uses in the Urban Area will be in accordance with local Official Plans and Zoning By-laws, however all development is subject to the policies of the Regional Official Plan (Policy 76).

of Report PB-12-13

Regional staff have commented that the proposed development conforms to the Regional Official Plan.

City of Burlington Official Plan Residential Area Objectives Land Use Policies - Residential – High Density

2386 and 2400 New Street are identified in Burlington’s Official Plan as “Residential- High Density” (Schedule B). Part III of the Official Plan contains land use policies for a wide variety of land uses in the Urban Planning Area, including Residential – High Density Areas. Objectives for the Residential Areas include: 1. “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 (2.2.1 a)

2. To provide housing opportunities that encourage usage of public transit, pedestrian and bicycle transportation networks and decrease dependence on the car (2.2.1 c)

3. To encourage a strong live/work relationship in the City by providing a variety of housing that reflects the existing and future socio-economic and demographic characteristics of local residents and job opportunities (2.2.1 d)

4. 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 (2.2.1 e)”

Part II, Section 2.2.2 e) states, “In Residential-High Density areas, either ground or non-ground-oriented housing units with a density ranging between 51 and 185 units per net hectare shall be permitted. Additionally, sub-section 2.2.2 g states: “The following building forms for residential development shall be permitted: (iii) subject to the density requirements of Part III, Subsection 2.2.2 e), street townhouses and stacked townhouses, back to back townhouses, attached housing and apartments shall be permitted in Residential-High Density areas.“ The current density of the site is 184 units/hectare and it is functioning well in the surrounding neighbourhood. The proposed increase in density is located within the storage areas of two existing apartment buildings. The proposed units will create a density of 194 units per net hectare within a form which is permitted by the Official Plan. There will be no

of Report PB-12-13

Land Use Policies – Housing Supply

visible difference in terms of density or form, should the proposed 10 units be approved. Additionally, Part VI of the Official Plan contains Implementation policies to assist in interpreting the policies of the Official Plan. Part VI, Section 3.2 e) states that, “Minor variations from numerical requirements in the Plan may be permitted without a Plan amendment, provided the general intent of the plan is maintained.” Staff are satisfied that the increased density will meet the intent of the Official Plan. Burlington’s Official Plan contains policies for Housing Supply which seeks “to encourage the retention of existing rental housing and the construction of new rental housing” (2.3.1 b). The policies within the Housing Supply section of the Official Plan state that, “the City shall, in co-operation with other orders of government, encourage the provision of a range of housing types, including rental housing, for individuals and families” (2.3.1h). The 10 units proposed are located within two existing rental apartment buildings and are also proposed to be used to contribute to the rental housing stock. Currently, each building contains 114 units, including 18 one-bedroom units, 91 two-bedroom units and 4 three-bedroom units. The proposed rezoning would add four additional one-bedroom units to 2386 New Street and five additional one-bedroom units plus one two-bedroom unit to 2400 New Street. Burlington’s Official Plan also contains policies for Housing Affordability in Section 2.4.1. These policies aim “to ensure that a range of housing and tenure types are available to meet the various lifestyle and income group needs of the existing and future population” (2.4.1a) and “To encourage the development of affordable housing throughout the City” (2.4.1 b). Halton Region’s 2011 State of Housing Report provides an Affordable housing rental threshold maximum of $1,919 per month for a small family and $3,447 for a large household, with an average household maximum renal amount of $2,365 per month. As noted in the table below, many of these units rent for below Halton Region’s threshold and as such should contribute to affordable housing options for Burlington residents. If approved, this application would allow 10 new units to be added to the city’s rental housing stock.

of Report PB-12-13

Land Use Policies - Intensification

Unit Type Rent Standard Unit

(Upgraded under new management (CLV Group))

Rent Executive Unit (Complete renovation,

higher-quality finishings) 1 bedroom $1,000-$2,000 $1,175 - $1,300 2 bedroom $2,000 - $3,000 $1,395 3 bedroom From $2,300 The Official Plan contains polices pertaining to Housing Intensification in section 2.5.1. The objective of the housing intensification polices is: “To encourage residential intensification as a means of increasing the amount of available housing stock including rooming, boarding and lodging houses, accessory dwelling units, infill, re-development and conversions within existing neighbourhoods, provided the additional housing is compatible with the scale, urban design and community features of the neighbourhood” (2.5.1.a). The Official Plan lays out a set of criteria that are required to be consulted when an application for intensification is received: “The following criteria shall be considered when evaluating proposals for housing intensification within established neighbourhoods:

i. Adequate municipal services to accommodate the increased demands are provided, including such services as water, wastewater and storm sewers, school accommodation and parkland;

If approved, the proposed rezoning will create 10 additional units within two existing residential apartment buildings, in the areas previously used as storage. The property is currently serviced and neither the city nor Halton Region stated that they had any objections to the application. Halton Region noted in their comments on the application that the specific technical servicing details will be worked out during the site plan approval stage.

The Halton District School Board indicated no objection to the application. The Halton Catholic District School Board also indicated no objection to the application, subject to a condition regarding school accommodation in the area. Staff does not anticipate school accommodation to be an issue as the units proposed are primarily one-bedroom units where school-aged children would not typically be expected.

The Parks and Recreation Department was circulated on the

of Report PB-12-13

proposed rezoning and commented that cash in lieu of parkland dedication should be collected given the proximity to the Central Park area as well as the Centennial Multi-use Trail.

ii. Off-street parking is adequate; This existing development, assessed under the current Zoning By-law regulations, requires a total of 346 tenant parking spaces and 84 visitor spaces based on the number of existing and proposed units. Staff notes that the current parking situation was established prior to the enactment of current regulations.

The applicant proposes a total of 276 tenant parking spaces, including 5 accessible spaces and 13 visitor parking spaces (0 accessible visitor parking spaces). The existing parking is provided in a two-level enclosed parking structure located between the two buildings as well as some surface parking on either side of the property. The proposed totals include a small parking lot expansion as a result of the proposed 10 new units. A summary of the parking on the site is provided:

2386 New St 2400 New St

Existing Tenant (enclosed)

91 Spaces 98 Spaces

Existing Surface Tenant Parking

35 Spaces

Existing Visitor Parking

5 Spaces 5 Spaces

Total Existing Tenant (Surface and Enclosed)

224 Spaces

Total Existing Visitor Spaces

10 Spaces

Proposed New Tenant Spaces

12 New Spaces

Proposed New Visitor Spaces

3 New Spaces

Proposed Total Tenant Spaces (enclosed and surface)

276 Spaces (5 accessible)

Proposed Total Visitor Spaces

13 spaces (0 Accessible)

of Report PB-12-13

The applicant has provided a supplementary parking justification (dated February 7, 2013) indicating that despite the large deficiency in parking, the site has been functioning adequately. Information provided by the property management company, CLV Group indicated that since October 2012, there have not been any vacancies within either of the buildings but they have been able to provide parking for all tenants as well as employees on site (see Appendix C for letter). A parking analysis dated Feb 7, 2013, was also provided indicating that there were 56 vacant spaces at that time. Staff circulated both apartment buildings as well as adjacent developments within 120 m and received comments from three individuals, none of which stated concerns with parking. Staff conducted a series of site visits at various times during the day to assess the current parking situation on the property. Staff did note the presence of multiple vacant spaces on each visit, however visitor parking was typically full. At one instance, a car was observed parking on grass, however there were visitor parking spaces available. By-law enforcement records for the property were also consulted and indicated that since CLV Group took over the management of the property, there have been no parking-related complaints and other complaints have been promptly dealt with to the satisfaction of By-Law Enforcement. Further, staff consulted with Parking Services and was advised that for 2386 New Street, three (3) tickets were issued between Oct 21, 2011 – June 27, 2012 for vehicles parking illegally on private property and 19 complaints were received and dispatched by Parking Services and/or Halton Regional Police. For 2400 New Street, 31 tickets were issued between May 24, 2011 – Feb 11, 2013 for vehicles parking illegally on private property and five (5) complaints were received and dispatched by Halton Regional Police. Staff was informed that these figures constitute a low volume of tickets and complaints compared to other similar private property locations of similar size.

Staff is satisfied that, despite the numerical shortfall, adequate parking is being provided on the property. Parking spaces are being rented separately from the units and not every tenant is

of Report PB-12-13

interested in renting a parking space. In addition, the rental rates are such that the units are marketed to be more affordable than some of the new private condo rentals and it is feasible that not all tenants require parking. Further, the location of the site and its proximity to existing transit options along Guelph Line and New Street as well as its location adjacent to the Centennial Multi-use Trail make it reasonable that tenants are able to take advantage of alternative modes

iii. 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;

As the application is to permit only 10 additional units, a Traffic Impact Study was not required to be submitted with the application. Additionally, there are no proposed alterations to the orientation of the access points of the building.

The city’s transportation services department reviewed the application and indicated no objection from a traffic perspective.

iv. The proposal is in proximity to existing or future transit facilities;

The proposed 10 units are to be located within two existing buildings fronting onto New Street. New Street is serviced by Burlington Transit’s Route 10 with bus stops on both the north and south side of New Street. Route 10, the New-Maple route provides cross-town connectivity to the downtown bus terminal, Mapleview Mall, Burlington Go Station as well as the Burloak Drive and Lakeshore Road intersection, the Appleby Mall and the Appleby Go Station.

The intersection of Guelph Line and New Street is approximately 150 m from the property and is serviced by the Route 3 bus. Route 3 has connections to the Downtown Bus Terminal and services Guelph Line to Cavendish Drive north and south. Staff is satisfied that the subject property is well serviced by existing transit.

v. 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

of Report PB-12-13

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…” As noted, the proposed 10 units are to be located within two existing buildings. Staff is not aware of any compatibility issues with the existing building and the surrounding neighbourhood. The scale, massing, height, siting and setbacks will not be materially affected by the proposed units, if approved.

As previously discussed, despite the numerical shortfall in parking on the site, the site appears to be functioning adequately and is located on a transit route and in walking distance of other transit connections, commercial uses and community services. In order to accommodate the parking required for the additional units, a reduction in the amenity area is required. The applicant has committed to improving the existing amenity area located above the enclosed parking structure through the inclusion of barbecues, picnic tables and a child’s play area. Staff also notes the presence of a small fenced leash-free dog area at the rear of the property, behind 2400 New Street. Currently, due to the age of the development, amenity areas provided would not comply with the city’s standards however, staff is satisfied that the reduced amenity area can be supported as it is currently deficient and appears to be functioning. The amenity area lost to parking was located in areas less likely to be desirable for passive or active recreational use. Further, the enhanced amenity areas as well as the proximity to the Centennial Multi-use Trail and the Central Park area provide nearby amenity areas that could serve existing and proposed tenants.

vi. Effects on existing vegetation are minimized, and appropriate compensation is provided for significant loss of vegetation, if necessary to assist in maintaining neighbourhood character; Small portions of the existing grassed areas are being removed in

of Report PB-12-13

order to facilitate the additional parking needed for the 10 additional units. Staff observed that these areas function more as a landscape buffer than as functional amenity area. In order to mitigate the loss in vegetation, staff will be recommending that at the site plan review stage, enhanced landscaping, through the installation of trees, be required to provide vegetative screening at the eastern most corner of the property. Staff is satisfied that the loss of existing grassed areas can be addressed through the site plan approval process.

vii. Significant sun-shadowing for extended periods on adjacent

properties, particularly outdoor amenity areas, is at an acceptable level; As the buildings have existed for many years in their current forms and locations, there are no significant sun-shadowing effects anticipated as a result of the proposed development.

viii. Accessibility exists to community services and other neighbourhood conveniences such as community centres, neighbourhood shopping centres and health care; As mentioned, the site is located approximately 150 m from the intersection of Guelph Line and New Street with access to a number of neighbourhood conveniences. The site is also located a short distance to the Central Park area which includes a large concentration of community services geared at different demographics including the Burlington Seniors Centre, the Central Public Library, Burlington Music Centre, the Burlington Curling Club Central Arena and the YMCA.

ix. Capability exists to provide adequate buffering and other

measures to minimize any identified impacts; As discussed, through the site plan review stage, enhanced vegetation will be required in order to provide a buffer between the new parking areas and the streetscape, as well as adjacent properties. Staff is satisfied that there is a large buffer around the buildings to avoid any negative impacts from the proposed new units. Staff is confident that there is capability to provide this buffer through small site plan improvements.

x. Where intensification potential exists on more than one

of Report PB-12-13

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;

Staff is satisfied that the proposed conversion of the existing storage areas to create 10 additional units will not impact the development potential on adjacent properties.

xi. Natural and cultural heritage features and areas of natural

hazard are protected; There are no natural or cultural heritage features or areas of natural hazard located on the site and as such, staff has no concerns.

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

xiii. 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.”

Staff notes the development is considered to be non-ground oriented housing intensification, however, it is located within an existing building, along a minor arterial road (New Street). The existing buildings are well-integrated into the existing neighbourhood and the addition of the 10 units will not have any noticeable impact on the existing neighbourhood character.

As discussed under each of the above criteria, staff is satisfied that the proposed 10 units maintain the intent of the Official Plan’s intensification policies subject to small improvements that can be achieved at the site plan review stage. Based on the technical studies provided as a part of the application, the technical circulation and staff’s detailed review of the application for

of Report PB-12-13

intensification, staff is of the opinion that the general intent of the Official Plan is being satisfied.

City of Burlington – Zoning By-law, 2020

Parking Space Size

Accessible Parking Space Size

Loading Space

Rear Yard

Side Yard

Lot Area

Lot Width

Enclosed Parking Structure

2386 and 2400 New Street are zoned “RH1” in the city’s Zoning By-law 2020, as amended. The RH1 regulation represents a high-density zone within the city that permits apartment buildings, stacked townhouse, back-to-back townhouses, street townhouses and retirement homes, subject to a series of regulations. Appendix D contains a zoning sketch for the subject and adjacent properties. The applicant is seeking a site-specific exception to the RH1 zone to permit an increased density to allow the conversion of existing storage areas into new apartment units within two existing buildings. The regulations for an apartment building in an RH1 zone are listed below. The table identifies the zone requirements as well as the applicant’s proposed values and staff’s comment:

Required Proposed Comment 2.75 m x 6 m

2.75 m x 6 m

The applicant complies with the regulations for parking space size

2.75 m + 2 m accessible walkway x 6 m

2.75 m + 2m x 6 m

The applicant complies with the regulations for accessible parking space size.

2 spaces 2 spaces The applicant complies with the regulations for loading spaces, and has provided two on the site plan however, the locations of the loading spaces will be addressed through the site plan review process.

9 m 15 m The applicant complies with the regulations for rear yards.

4.5 East: 18 m West: 23.3 m

Reflective of an earlier era of planning and design, the applicant is far in excess of the current side yard setback requirements.

0.2 ha 1.23 ha The applicant complies with the regulation for lot area

30 m 126.8 m The applicant complies with the regulation for lot width

An enclosed parking structure that extends more than 1.6 m above

The existing enclosed parking structure complies with the current regulations as it is located between the two existing

of Report PB-12-13

Density

finished grade shall be subject to the same yard requirements as a principle building; shall be setback 3 m from a street line; shall not encroach into a landscape buffer abutting a residential zone

buildings and is set back even further that the apartment buildings which are currently far in excess of the zone requirements.

Min 50 units/ha Max 50 units/ha + 1 unit for each 4 enclosed parking spaces to 75 units/ha (61 units)

194 units/ha (238 units)

The Zoning By-law permits a density maximum of 75 units per ha within the RH1 zone while the city’s Official Plan permits up to a density of 185 units/ha for high density residential areas. Despite the application currently under consideration, the density for the site is currently at 184 units/ha and as such is legal non-conforming. The applicant is proposing the conversion of existing storage area into 10 additional units, primarily one bedroom units. The intent of density provisions is to ensure that properties do not become over built, that sufficient amenity area and buffering can be provided and to ensure that neighbourhoods develop in a compatible and complete way. Staff is of the opinion that the increase in density can be supported as the current density has not presented any functional or compatibility challenges to date. The application will make more efficient use of an existing structure and services without compromising the character of the neighbourhood as there will be no noticeable impacts from the proposed increase in density. Staff also notes that the location is ideal for supporting an increase in density as it is well serviced by transit and is in very close proximity to recreational, commercial and community

of Report PB-12-13

Parking

Parking Lot

services uses. Staff is supportive of the proposed increase in density to permit the conversion of the storage areas into 10 additional units.

1.25 spaces/ 1 Bed unit (45 units = 57 spaces) 1.5 spaces/2 bed unit (183 units = 275 spaces) 1.75 spaces/3 bed unit (8 units = 14 spaces) Total: 346 Spaces (11 accessible required) 0.35 visitor spaces/unit (238 units = 84 spaces) (2 accessible required)

Occupant: 276 spaces (5 accessible) Visitor: 13 spaces (0 accessible)

Similar to the previous discussion on density, the existing form and status of the development does not comply with the current zoning regulations as the development was in existence long before our current by-law regulations. The site has existed with a parking space shortfall, by today’s standards, for more than 40 years. Despite the shortfall, the applicant was able to provide parking in accordance with the Zoning By-law 2020 requirements for the 10 new units, however, removed two spaces as the request of staff to ensure adequate buffering from the parking area and the adjacent townhouse development to the south west. Staff is supportive of the reduction in parking spaces for the development as discussed previously in the report. Staff notes that the location of the development in proximity to transit and active transit options makes it feasible that not all occupants will have the need for a car or multiple vehicles. It is also anticipate that many people’s daily needs can be met within walking distance to the site.

Setback from a

Northeast side: 0.7

The applicant is requesting a reduction in the required setback for the parking lot

of Report PB-12-13

Parking Spaces and Driveways

street line (New St): 4.5 m

m Northwest side: 0 m

from New Street. The Zoning By-law requires a setback of 4.5 m. The intent of the parking lot setback is to ensure adequate buffering between the road and the parking area, to provide sufficient space for landscaping and to create a consistent streetscape. It also permits the queuing of vehicles waiting to exit the site. The current parking lot along the northwest edge of the property extends to the property line and has existed for some time. The applicant is also proposing to extend the parking area along the east side of the property to accommodate four new occupant parking spaces and three new visitor parking spaces. Staff is satisfied that the reduction in parking lot setback can be supported. The northeast setback of 0 m is existing and staff is not aware of any issues due to its location. The northeast setback of 0.7 m will bring the two parking areas on either side of the buildings more In line with one another while still allowing for landscaped area to the east. Additionally, beyond the property boundary, there is an approximately 11 m boulevard to provide additional buffering. Staff will also be reviewing the parking areas at the site plan approval stage to ensure that proper screening is installed in the remaining area east of the new parking area.

Driveways shall be setback 9 m and parking spaces 6 m from a window of a

Driveway: 1.37 m

The applicant complies with the regulations for parking space setbacks from a window of a habitable room. The applicant is requesting a setback of 1.37 m from the driveway to one of the windows located on the ground floor of the existing building at 2400 New St. This is due to the presence of a garbage

of Report PB-12-13

Front Yard

Amenity Area

habitable room in dwelling units located on the ground floor or basement

loading/unloading area located at the rear of 2400 New Street. This area is separated from the landscaped area adjacent to the new proposed units by a wall extending out of the building. This wall will completely block the landscape and amenity area from view of the garbage area. The garbage is also stored inside the building and is located in this area only during garbage pickup. Staff is satisfied that any mitigative measures required can be addressed at the site plan stage, if approved.

7.5 m 5.3 m The applicant is requesting a reduction in the required front yard of 2.2 m from 7.5 m to 5.3 m to acknowledge the existing location of the building. The intention of front yard setback is provide adequate separate from the road, sufficient space for landscaping and to provide a consistent streetscape. Staff is satisfied that the front yard setback can be supported as it as existed for more than 40 years without any apparent impacts.

25 m2/ bedroom 45 1-bed units = 1125 m2 183 2-bed units = 9150 m2 8 3-bed units = 600 m2 Total: 10,875 m2

7001 m2 (29 m2/ unit approx)

The applicant is requesting a reduction in the amount of required amenity area both to acknowledge the existing shortfall and to allow the creation of 10 additional units internally. The applicant has provided a breakdown of the existing amenity areas. The site currently contains a 2,322 m2 landscaped courtyard area podium (subject to further improvements), a dog run as well as existing balconies and landscape areas. The applicant has proposed to add 41 m2 of new patio spaces, as well as a new gym, media room and community room. Appendix F contains a landscape plan for the site. Despite the removal of some existing

of Report PB-12-13

Height

Landscape Area

landscape area for parking to support the new units, the site as it currently exists would not comply with the Zoning By-law 2020 requirements. However, staff is now aware of any resident concerns over amenity areas. While there is a numerical short fall of amenity area, staff notes that 7,001 m2 of amenity area is a large area by today’s standards. Each unit has its own private amenity space and the courtyard area provides a substantial common amenity area. As discussed, the applicant has committed to enhancing the existing amenity areas including the inclusion of a fitness facility, child’s play area and dog run inside the building. Further, the location of the site adjacent to the Centennial Multi-use Trail and Central Park area allow for amenity and recreational options in close proximity to the property. Staff is satisfied that there are multiple amenity area opportunities on the property which will be further enhanced through the site plan process.

6 storeys maximum

11 storeys The applicant is requesting that the existing height of 11 storeys be acknowledged through this rezoning application. Staff has no objection to the acknowledgement of the height of the building as it has existed for more than 40 years without issue.

6 m abutting a street having a deemed width greater than 26 m (New St)

Northwest Corner: 0 m Northeast parking lot: 0.7 m

The applicant is requesting reductions in landscape area to accommodate the proposed new parking areas. As discussed above, the landscape area requirements along New Street are on the northwest existing and on the northeast, a function of the need for additional parking. Staff is satisfied that along the northeast parking area, sufficient space remains

of Report PB-12-13

3 m abutting an RM1 zone

West Property Line: 2.6 m South Property Line: 2.75 m

directly east of the new parking to allow for enhanced landscaping to offset the impact of the requested reduction. In the case of the northwest corner, staff is not aware of any concerns with the existing setback and as such, has no concerns with the reduction. Staff notes that the two areas will be more in line with one another as a result of the proposed change. The applicant also requests a reduction in the landscape area requirement for the southwest corner of the property. A portion of the landscape area has been removed to accommodate the parking spaces required to add the 10 additional units. This area is screened by a wood board fence and is not visible from the adjacent townhouse development. Additionally, the townhouse development’s amenity area is located adjacent to the fence and the nearest townhouse unit is approximately 5.5 m from the property line. At the request of staff, two parking spaces will be required to be removed from the south west corner of the property in order to allow for sufficient room to buffer the proposed parking spaces from the adjacent townhouse development. Landscaping will be required through the site plan review process.

Technical Review The following agencies were circulated on the request for comments for the proposed rezoning application:

• Halton Region • Burlington Economic Development Corporation • City of Burlington – Site Engineering • City of Burlington – Engineering • City of Burlington – Transportation Services • City of Burlington – Zoning • City of Burlington - Finance Department • City of Burlington – Roads and Parks Maintenance (City Forrester)

of Report PB-12-13

• City of Burlington – Parks and Recreation • Halton District School Board

Each of the agencies or groups that provided comment indicated no objections to the proposed development and/or requested technical conditions to be imposed at the site plan approval stage.

3.0 Financial Matters The subject rezoning application was processed under the standard development application fees in place in 2012. At the site plan approval stage, the city will require securities to ensure that the work associated with the proposed development has been, or if required, will be completed to the city’s satisfaction. The applicant will also be required to pay any required development charges and all taxes levied as well as all other applicable fees.

4.0 Environmental Matters

There are no environmental impacts anticipated as a result of this application

5.0 Communication Matters Public Comments

The subject Planning Act application was circulated for public comment on October 5, 2012 with a deadline of November 9, 2012. Three public comments were received via email, and one phone call enquiring about the application. While some did raise concerns over property management issues and loss of storage space, there were no objections based on land use planning issues to the proposal for the conversion of existing storage areas to allow the creation of 10 additional units. Staff notes that the concerns regarding property management have been relayed to the applicant. Staff did enquire with the property manager about the issue of loss of storage and was informed that the existing storage areas were not assigned to units and that residents had informally been storing their belongings in a large, open storage area. Staff also notes that of the comments received, none pertained to a shortage of amenity area or difficulties in finding parking for themselves or tenants. Staff also notes that adjacent developments were circulated on the application and no comments were received. Copies of all comments received are included in Appendix E.

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

of Report PB-12-13

meeting and/or requested to be added to the circulation list or whom provided written comments on the application.

Conclusion: The application has been reviewed for conformity 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 rezoning application. Respectfully submitted, Jenna Puletto Planner I – Heritage and Development 905-335-7600 ext. 7824

Approvals: *required

*Department Head City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

Appendices: A. Conceptual Site Plan B. Floor Plans – New Units C. Letter from CLV Group re: Vacancy Rates and Parking D. Zoning Sketch E. Public Comments F. Proposed Landscape Plan

Notifications: (after Council decision)

Name Mailing or E-mail Address

Interested Parties List Staff to Provide

CLV Group C/O Gus Sequeira CLV Group Inc., 485 Bank St, Suite 200, Ottawa, ON. K2P 1Z2

of Report PB-12-13

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

of Report PB-12-13

Appendix A: Conceptual Site Plan

of Report PB-12-13

Appendix B: Floor Plans – New Units

of Report PB-12-13

of Report PB-12-13

Appendix C: Letter from CLV Group Re: Vacancy Rates and Parking

of Report PB-12-13

Appendix D: Zoning Sketch

of Report PB-12-13

Appendix E: Public Comments

of Report PB-12-13

of Report PB-12-13

Appendix F: Proposed Landscape Plan

Recommendation - Burlington€¦ · Recommendation: APPROVE the application for a Zoning By-law...

Documents

Transcript of Recommendation - Burlington€¦ · Recommendation: APPROVE the application for a Zoning By-law...