Planning and Building Department SUBJECT: Recommendation ... · Recommendation Report concerning...

of Report PB-12-12

Planning and Building Department TO: Community Development Committee

SUBJECT: Recommendation Report concerning applications for Official Plan and Zoning By-law Amendments New Horizon Homes – Westwood Phases 1 and 2 980 & 986 Falcon Blvd. and 396 & 410 Plains Rd. E.

Report Number: PB-12-12 File Numbers: 505-01/10 and 520-02/10

Report Date: March 26, 2012 Ward Affected: 1 2 3 4 5 6 All

Date to Committee: April 16, 2012 Date to Council: April 30, 2012

Recommendation 1: APPROVE

Amendment No. 86 to the City of Burlington Official Plan, as contained in Appendix I of Report PB-12-12, to redesignate lands at 980 and 986 Falcon Boulevard from “Residential-Low Density” to “Mixed Use Corridor-General” to permit the development of a 4-storey apartment building on these lands when assembled with the abutting property at 410 Plains Road East; and

DEEM that Section 17 (21) of The Planning Act

has been met; and

INSTRUCT

the City Clerk to prepare the necessary by-law adopting Official Plan Amendment No. 86 as contained in Appendix I of Report PB-12-12.

File: 505-01/10

Recommendation 2: APPROVE

the application by New Horizon Homes, c/o John Ariens, IBI Group, 200 East Wing, 360 James Street North, Hamilton, ON L8L 1H5 to rezone the lands at 396 and 410 Plains Road East and 980 and 986 Falcon Boulevard from “MXG” and “R2.1” to “MXG-430”.

INSTRUCT staff to prepare the by-law to amend Zoning By-law 2020, as amended, rezoning the lands at 396 & 410 Plains Rd. E. and 980 & 986 Falcon Blvd. from “MXG” and “R2.1” to “MXG-430”,

of Report PB-12-12

substantially in accordance with the draft zoning by-law contained in Appendix II of Report PB-12-12, upon completion by the applicant of the following:

1. Execution of a Residential Development Agreement including the conditions listed in Appendix III of Report PB-12-12;

2. Payment of variable rezoning fees, on a per unit basis, in accordance with By-law 127-2006, as amended;

DEEM

that the amending zoning by-law will conform to the Official Plan for the City of Burlington once Official Plan Amendment No. 86 is adopted; and

STATE

that the amending zoning by-law will not come into effect until Official Plan Amendment No. 86 is adopted.

File: 520-02/10

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

The purpose of this report is to recommend approval of applications submitted by New Horizon Homes to amend the Official Plan and Zoning By-law to permit the development of a 4 storey apartment building as Phase 2 of its development on lands located at 980 & 986 Falcon Blvd. and 396 & 410 Plains Rd. E. Phase 1 is a 5-storey 49-unit apartment building located on the western portion of these lands that was constructed in 2008.

Reference to Strategic Plan:

Vibrant Neighbourhoods Prosperity Excellence in Government N/A

Approval of the applications would permit the development of a mid-rise apartment building in the Plains Road mixed use corridor area. The development also supports the direction to provide a wide range of housing options and provides the opportunity to increase the number of people who walk and use public transit.

of Report PB-12-12

Planning & Building Department Staff Report

SUBJECT: Recommendation Report Official Plan Amendment and Rezoning Applications 980 & 986 Falcon Blvd. and 396 & 410 Plains Rd. E.

New Horizon Homes – Westwood Phases 1 and 2 Files: 505-01/10 and 520-02/10

of Report PB-12-12

REPORT FACT SHEET

RECOMMENDATION: Approval with conditions Ward No.: 1

A

pplic

atio

n D

etai

ls APPLICANT/OWNER: New Horizon Homes

FILE NUMBERS: 505-01/10 and 520-02/10

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

PROPOSED USE: Comprehensive development comprised of the existing 5 storey 49-unit apartment building (constructed in 2008) and the proposed Phase 2: a 4 storey, 37-unit apartment building.

P

rope

rty

Det

ails

PROPERTY LOCATION: South of Plains Rd. E., west of Falcon Blvd.

MUNICIPAL ADDRESSES: 980 & 986 Falcon Blvd. and 396 & 410 Plains Rd. E.

PROPERTY AREA: 0.636 ha

EXISTING USE: A 5-storey, 49-unit apartment building; a vacant property and 2 detached dwelling units (to be demolished)

D

ocum

ents

OFFICIAL PLAN Existing: Mixed Use Corridor-General and Residential-Low Density

OFFICIAL PLAN Proposed: Mixed Use Corridor-General

ZONING Existing: MXG and R2.1

ZONING Proposed: MXG-430

P

roce

ssin

g D

etai

ls

Key Issues Processing time

Land use compatibility, urban design, traffic 2 years due to extensive public consultation and several plan revisions 1) March 30, 2010 (Holy Rosary School) 2) September 19, 2011 (East Plains United

Church) -revised applications November 14, 2011 – Community Development Committee Meeting

NEIGHBOURHOOD MEETINGS:

STATUTORY PUBLIC MEETING:

of Report PB-12-12

R

epor

t Ske

tche

s 1. Location/Zoning Sketch 2. Detail Sketch - Initial Applications (February 2010)

3. Detail Sketch - Revised Applications (August 2011)

4. Detail Sketch - Revisions to Applications (March 2012)

5. Building Elevation Facing Falcon Blvd. - February 2010

6. Building Elevation facing Falcon Blvd. - Revised August 2011

7. Building Elevations - Revised November 2011

Rep

ort A

ppen

dice

s

I Official Plan Amendment No. 86 II Draft Zoning By-law III Conditions of Zoning Approval IV Comments submitted by Burlington Sustainable Development Committee V Response by New Horizon Homes to comments submitted by Sustainable

Development Committee

of Report PB-12-12

1.0 Background: 1.1 Processing overview

New Horizon Homes submitted applications in February 2010 to amend the Official Plan (“OPA”) and Zoning By-law to permit the development of a 4-storey residential apartment building as Phase 2 of the Westwood development located on the south side of Plains Rd. E. and west of Falcon Blvd. Phase 1 is an existing 5-storey apartment building constructed in 2008 under the existing MXG zoning and applications for minor variance and site plan approval. The technical and public review of the 2010 OPA and rezoning applications raised a number of concerns that resulted in the applicant modifying the development proposal. Revised applications were submitted in August 2011 and circulated to technical agencies. A public notice letter outlining the revisions was also circulated and a second neighbourhood meeting was held September 19, 2011. The statutory public meeting concerning the revised applications was held November 14, 2011 at the Community Development Committee meeting. This public meeting included a staff presentation of report PB-88-11 that provided a summary of the previous applications resulting in the construction of the Phase 1 building, the technical reports submitted by the applicant to support the current applications and the opportunities provided for public consultation. The report also included all public comments submitted concerning the subject applications. A presentation was made at the public meeting by the applicant and comments were submitted by 7 delegations. City Council received and filed report PB-88-11 providing the public comments on the official plan amendment and rezoning applications for the proposed Westwood development on November 28, 2011.

1.2 Site Description

The subject applications encompass four properties at 980 & 986 Falcon Blvd. and 396 & 410 Plains Rd. E. as shown on Location/Zoning Sketch No. 1 and the aerial photo below. The properties have a combined area of 0.636 ha. Existing uses of the property include the 49-unit Phase 1 apartment building, cleared lands to the east of this building and two detached dwelling units on the Falcon Blvd. properties.

of Report PB-12-12

1.3 Surrounding Land Uses

Surrounding land uses are as follows:

East of 986 & 980 Falcon Blvd:

Falcon Blvd. and a detached dwelling. A Tim Horton’s restaurant is located at the southeast corner of Plains Rd E. and Falcon Blvd.

South of 980 Falcon Blvd.,

396 & 410 Plains Rd. E. Detached dwellings

West of 396 Plains Rd E.: 3-storey live-work units and townhouses (Branthaven’s Mosaic development)

North of 396 Plains Rd. E.: Plains Rd. E., 4-storey residential

building (Dovercourt) and a florist shop

North of 986 Falcon Blvd. &

410 Plains Rd. E.: A 2-storey mixed use building (service commercial & office uses on the ground floor and apartments on the 2nd floor)

of Report PB-12-12

1.4 Previous Development Files

The two westerly properties at 396 & 410 Plains Rd. E. have been the subject of several development applications as outlined in the previous report PB-88-11. Specifically, development of Westwood Phase 1 required an application for minor variance, site plan approval (File 535-19/07) and a phased condominium (File 525-05/08). At the time of the Phase 1 development, the applicant was considering a future second phase but no details were provided and the applicant was aware further planning approvals would be required to permit a second phase. The applicant designed the underground parking structure for Phase 1 so it could be extended to service a second building if a second building was approved.

1.5 Current Development Applications

Official Plan Amendment and rezoning applications to permit Phase 2 (a proposed 4 storey 34-unit apartment building) were submitted in February 2010 as shown in Detail Sketch No. 2. As discussed in the previous report, technical staff and the public raised concerns with the initial development concept. The applicant met with staff and participated in several working group sessions with neighbours resulting in the preparation of a revised development concept shown in Sketch No. 3. Revised applications and plans were subsequently submitted in August 2011 along with updated technical reports. The revised applications presented the following design modifications: a reduction in the visitor parking spaces along the Falcon Blvd.

frontage from 12 to 9 spaces redesign of the looped driveway for visitor parking along Falcon

Blvd. to have a single entrance/exit increase in the landscape area between the visitor parking area

and 974 Falcon Blvd. so the required 6 metre buffer can be provided south of the proposed Phase 2 building

revised elevations that lower the Falcon Blvd. facade to 3 storeys and step the building back to 4 storeys; the addition of gable ends to break up the massing; and a change in the roof design from a flat roof to a peaked roof (see Sketches No. 5 and 6).

increase in the number of units from 34 to 37 as smaller units, all 1-bedroom, are now proposed

A third revised plan was submitted in March 2012 to respond to some technical concerns raised by staff. This final revision, shown in Sketch No. 4, provides a loading space in addition to the 9 visitor parking spaces along the Falcon Blvd. frontage. The plan also shows the approximate location where the building extends from 3 storeys to 4 storeys.

of Report PB-12-12

The properties affected and purpose of the revised applications is described below.

1.5.1 Application for Official Plan Amendment

The application for an Official Plan Amendment pertains only to 980 and 986 Falcon Blvd. The properties have an area of 0.15 ha. The application requests redesignation of these two properties from “Residential-Low Density” to ”Mixed Use Corridor-General” to permit a 4-storey apartment building when these lands are assembled with the applicant’s abutting lands already designated Mixed Use Corridor-General.

1.5.2 Rezoning Application

The rezoning application pertains to 396 & 410 Plains Rd. E. (currently zoned MXG) and 980 & 986 Falcon Blvd. (currently zoned R2.1). The four properties have an area of 0.64 ha. The application seeks rezoning of the properties from MXG and R2.1 to a modified MXG zone. The exception to the MXG is requested to:

1) provide site-specific zoning regulations for the existing 5-storey Phase 1 building that reflect the minor variances already approved by the Committee of Adjustment in 2008; and

2) provide site-specific zoning regulations for the proposed Phase 2 building that would allow a reduction in visitor parking spaces and modifications to setbacks.

The applicant’s latest concept plan, shown in Sketch No. 4, shows that all access to resident parking for Phase 2 will be provided through Phase 1 (i.e. the Plains Rd. E. driveway connecting to the underground parking structure). Access to Falcon Blvd. would be limited to providing an emergency access, a loading zone, visitor parking and a pedestrian entrance for the Phase 2 building. If approved, the Phase 2 lands would be subject to a future site plan application where further design details would be considered to permit the proposed comprehensive development.

2.0 Discussion:

2.1 POLICY FRAMEWORK

The applications are subject to the following policy framework: the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Halton Region Official Plan, the Burlington Official Plan and Zoning By-law. Planning staff has reviewed the applications in the context of this planning framework. Staff’s analysis of the planning merits of the applications within this policy framework is listed below.

of Report PB-12-12

2.1.1 Provincial Policy Statement

The Provincial Policy Statement (PPS) came into effect March 1, 2005 and provides broad policy direction on matters of provincial interest related to land use planning and development. All municipal planning decisions must be consistent with the PPS. The PPS identifies settlement areas as the focus of growth, supports development within settlement areas based on densities and a land use mix that efficiently use land, resources, infrastructure and public service facilities, and directs that opportunities for intensification and redevelopment be identified and promoted where this can be accommodated. It further supports promotion of development standards “which facilitate intensification, redevelopment and compact form, while maintaining appropriate levels of public health and safety” and directs planning authorities to “establish and implement minimum targets for intensification and redevelopment within built-up areas.”

2.1.2 Places to Grow Growth Plan

“Places to Grow” is the Growth Plan for the Greater Golden Horseshoe. This provincial plan, in effect as of June 2006, provides a growth management policy direction for the defined growth plan area. The guiding principles of the Growth Plan include building compact, vibrant and complete communities; and optimizing the use of existing and new infrastructure to support growth in a compact, efficient form. Section 2.2.2 of the Growth Plan, Managing Growth, 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

b) focusing intensification in intensification areas d) reducing dependence on the automobile through the

development of mixed-use, transit-supportive, pedestrian-friendly urban environments

Section 2.2.3, General Intensification, states that by 2015, at least 40% of all residential development occurring annually shall be within the built-up area and requires all municipalities to develop and implement through their official plans, a strategy and polices to phase in and achieve intensification. Subsection 6 indicates: “the strategy and policies will:

a) be based on the growth forecasts contained in Schedule 3, as allocated to lower-tier municipalities . . .

b) encourage intensification generally throughout the built-up

of Report PB-12-12

area c) identify intensification areas to support achievement of the

intensification target e) recognize urban growth centres, intensification corridors and

major transit station areas as a key focus for development to accommodate intensification

f) facilitate and promote intensification g) identify the appropriate type and scale of development in

intensification areas . . . Staff finds the development proposal is consistent with the PPS and the Growth Plan because it focuses intensification to an area identified in the Burlington Official Plan for intensification (i.e. the Plains Rd. mixed use corridor). It also assists the city in meeting Growth Plan policies to plan for a range and mix of housing and to plan intensification areas that support transit and walking for everyday activities, achieve higher densities than surrounding areas and achieve an appropriate form of transition.

2.1.3 Regional Official Plan

The subject properties are designated “Urban Area” in the Regional Official Plan (ROP). The ROP 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 ROP. The ROP includes policies that support development in the urban system that is compact, transit-supportive and makes efficient use of resources and supplies. It also supports provision of an adequate mix and variety of housing to meet different needs, and encourages local municipalities to achieve maximum densities permissible where development is proposed on vacant lands (i.e. 410 Plains Rd. E.). Regional staff has indicated the applications are consistent with the ROP and from a regional perspective they support proposals that permit overall intensification of underutilized properties.

2.1.4 Burlington Official Plan and Zoning By-law 2020

2.1.4.1 Land Use Designations and Zoning:

396 & 410 Plains Rd. E. are designated “Mixed Use Corridor-General” in Burlington’s Official Plan and are zoned “MXG” in Zoning By-law 2020. This designation permits a wide range of retail and service commercial uses, to be provided at street level in office or residential buildings, that are intended to provide for the day-to-day and weekly shopping needs of residents within and

of Report PB-12-12

close to the corridor. High density residential uses and a full range of office uses are also permitted. The implementing zoning provides a maximum floor area ratio of 1.5:1, a minimum building height of 2 stories and a maximum building height of 6 stories. The 5 storey Phase 1 apartment building was constructed on these properties in 2008 at a floor area ratio of 1.17:1 and meets the intent of the applicable mixed use corridor designation. 980 and 986 Falcon Blvd. are designated “Residential–Low Density” in Burlington’s Official Plan and are zoned “R2.1” under Zoning By-law 2020. The Official Plan designation permits detached and semi-detached housing units up to 25 units per hectare. The designation may also permit other forms of ground-oriented, attached housing if compatible with the scale, design and community features of the neighbourhood. The R2.1 zoning permits detached units with a minimum lot area of 700 m2.

2.1.4.2 Mixed Use Corridor Evaluation Criteria

The Official Plan provides evaluation criteria to be considered in reviewing applications for redesignation of lands to mixed use corridor. Staff’s consideration of these criteria in relation to the subject OPA application is outlined below. It is staff’s opinion that the redesignation of 980 & 986 Falcon Blvd., to permit a comprehensive development when assembled with the abutting mixed use corridor lands, conforms to the overall intent of the Official Plan and is in the public interest. Official Plan Amendment No. 86, attached as Appendix 1 to this report, provides the details of the proposed map and text amendments.

(i) the impact of the proposal on adjacent land uses, particularly

residential; The proposed apartment building use is permitted on the applicant’s other lands at 396 Plains Rd. E. (Westwood Phase 1) and 410 Plains Rd. E. (currently vacant) and on lands immediately north of 986 Falcon Blvd. The redesignation of 980 and 986 Falcon Blvd. would allow development of an apartment building in closer proximity to the adjacent property at 974 Falcon Blvd. than currently permitted. Report PB-88-11 discussed the City’s establishment of the mixed use corridor designation (i.e. intensification area) along Plains Road with the approval of the 1997 Official Plan. The report also identified there was variability in the depth of the corridor as it tended to follow the property lines of parcels having frontage on Plains Rd. In staff’s opinion, the redesignation of the two Falcon Blvd. properties, as part of a comprehensive development with the lands to the immediate west, creates a development parcel having a generally consistent depth with other mixed use corridor properties along the south

of Report PB-12-12

side of Plains Rd. E. between Filmandale Rd. and Falcon Blvd. The redesignation of these two properties will therefore result in impacts similar to those existing for other R2.1 zoned lands abutting the mixed use corridor designation in this area. The mixed use corridor policies in the Official Plan permit a broad range of uses and higher intensity of development. As lands designated mixed use corridor are often adjacent to low density residential lands, the regulations of the implementing MXG zoning were developed to address both transition and compatibility issues. The applicant’s development proposal has undergone several revisions in response to public and technical comments and in its present form can satisfy most of the MXG zoning regulations. It is staff’s opinion that the impacts on the adjacent residential properties are mitigated by the following regulations and design modifications: Proposed OPA 86 restricts the use of the lands fronting on Falcon Blvd. to

apartment buildings and provides a maximum height of 4 storeys. This is less than the 6 storeys permitted on other mixed use corridor lands and the use restriction prohibits typical MXG uses including ground floor retail, service commercial uses, offices, community institutions, recreation or entertainment uses.

The mixed use corridor zoning regulations provide setbacks and

landscape buffer requirements to lessen the impacts of the scale and massing of buildings adjacent to low density residential zones. The subject proposal can satisfy the 6 m landscaped buffer requirement abutting a residential zone along the entire boundary of the proposed Phase 2 building. This landscape buffer will include fencing and landscape planting to form a dense screen.

The proposed Phase 2 building will be set back from property lines to the

south at distances ranging from 10.8 m to 14 m. as shown in Sketch No. 4. The standard MXG regulations require a 12 m setback for a 3 storey building and a 15 m setback for 4 and 5 storey buildings. The applicant’s design revisions include a 3 storey facade on the Falcon Blvd. frontage stepping back to 4 storeys approximately 26 m west of Falcon Blvd. The development at 980 Falcon Blvd, on lands that are part of the OPA application, can therefore meet the required setbacks adjacent to 974 Falcon Blvd. along the majority of the 35 m shared property boundary. A reduction in the building setback from 15 m to 14 m affects only the rear 6 metres the property at 974 Falcon Blvd. It is staff’s opinion this 1 m reduction in building setback affecting a small portion of the rear yard of 974 Falcon Blvd. is minor.

The applicant’s lands adjacent to 409 Finch Avenue are currently

designated mixed use corridor. In this location, the existing MXG zone

of Report PB-12-12

requires a 15 m setback from a residentially zoned property for a 4 or 5 storey building and the proposed Phase 2 4-storey building is set back 10.8 m from the southerly property line. The photo below shows dense landscaping currently exists at the rear of 409 Finch Ave. and this will be enhanced by the 6 m landscape buffer required on the applicant’s property along the entire property line abutting the proposed Phase 2 building.

Photo 1: Landscaping at the rear of 409 Finch Avenue visible from the southeast corner of the Phase 1 visitor parking lot.

The mixed use corridor designation along Plains Road is crossed by

several intersecting streets. The proposed building setback from the intersecting local roads is typically required to be between 3 and 4.5 m in order to create a pedestrian oriented streetscape. As the proposed development does not include the property at the southwest corner of Falcon Blvd. and Plains Rd. E., staff is supporting the proposal to set the building back approximately 20 m from Falcon Blvd. to lessen the massing impact of the Phase 2 building on the detached dwellings fronting on Falcon Blvd. In this case pedestrian amenities will be provided via the walkway from the building entrance to the required sidewalk to be constructed by the applicant from 980 Falcon Blvd. to Plains Rd. E. along the west side of Falcon Blvd.

The area between the building and Falcon Blvd. will be used for visitor

parking and landscaping. The traffic impacts associated with this visitor parking lot are addressed further in sections (iii) and (v) below. Several design modifications were made to address compatibility with residential development along Falcon Blvd. These include changing from a looped driveway for visitor parking to a single access, and locating this access

of Report PB-12-12

and the loading space northerly so they are further away from the adjacent residential properties. The number of visitor parking spaces accessed from Falcon Blvd. has also been reduced so a minimum 6 m landscape buffer can be provided between the visitor parking area and the adjacent property at 974 Falcon Blvd.

As a result of comments received at the public meetings, working group

meetings and technical review, the building design has undergone several revisions to soften the impact on Falcon Blvd. and reduce the scale and massing. The progression of design changes to address compatibility with the surrounding neighbourhood is shown in Sketches 5, 6 and 7. This includes a change from a flat roof to a peaked roof, introduction of a 3-storey facade along Falcon Blvd. that steps the building back to 4 storeys approximately 26 m from the property line, the addition of gable ends and greater variety of cladding materials to break up the massing.

(ii) adequate municipal services are available;

The applications and technical reports were circulated to various departments and agencies for review and comment. No concerns were raised by any of these departments or agencies from a servicing perspective as further described below.

Region of Halton staff advised there are existing watermains and

wastewater mains located adjacent to the properties on both Plains Rd. E. and Falcon Blvd. and in general, there is adequate water and wastewater capacity to support the development. While the technical servicing details are worked out during the site plan stage of development, the Region has responded there are no objections to the applications from a servicing standpoint.

Stormwater Management: the applicant’s consulting engineers have

prepared several revisions to the stormwater management report to ensure water quantity, quality and erosion control issues have been addressed in accordance with required criteria. Site engineering staff have advised they concur with the findings of the servicing report submitted in October 2011 and a detailed grading/servicing plan will be required at the site plan stage.

The Halton District School Board and the Halton Catholic District School

Board have both responded that they have no objections to the applications. There are also three parks located within 800 metres of the proposed development site and Parks and Recreation staff has not indicated any concerns with this development proposal.

of Report PB-12-12

(iii) sufficient on-site parking is provided;

For most areas of the city, the zoning by-law requires parking be provided for apartment buildings at the rate of 1.25 spaces/unit for 1 bedroom units; 1.5 spaces/unit for 2 bedroom units; and 0.35 visitor spaces/unit. For the existing Phase 1 building, this resulted in the requirement for 71 occupant spaces and 72 were provided (58 underground and 14 surface spaces) and 18 visitor parking spaces with 10 spaces provided in front of the building and 8 spaces at the rear. The Phase 2 building is proposed as 1 bedroom units only so under the Zoning By-law would require 47 occupant spaces and 13 visitor spaces. The revised applications submitted in August 2011 showed 46 underground occupant spaces and 9 visitor parking spaces accessed from Falcon Blvd. One of these surface spaces is also the loading area for the building so staff would not include it in the calculations for visitor parking. In March 2012 a revised plan was submitted that shows one additional visitor parking space can be added in front of the proposed Phase 2 building and still provide a 6 m landscape buffer adjacent to 974 Falcon Blvd. as shown in Sketch No. 4. With this revision, the development would then meet the overall requirement for occupant parking, but would be deficient 3.1 visitor parking spaces or 10% of the requirement for visitor spaces. It is staff’s opinion that this slight reduction in visitor parking (27 spaces rather than 30.1) can be supported because:

Mixed use developments are to be pedestrian oriented and in close

proximity to public transit. The proposed development satisfies both of these criteria and thus provides opportunities for visitors to use alternative transportation modes. The mixed use corridor policies of the Official Plan (Part III, Policy 5.2.2 l)) also provide that reduced parking standards can be considered in order to encourage non-automobile forms of transportation.

Visitor parking spaces for Phase 1 are located adjacent to Plains Road

and at the rear of the building where a pedestrian connection is shown between the two buildings. As a phased condominium, the visitor parking spaces will be shared between the two buildings so in the event the Falcon visitors’ lot is full, visitors to the Phase 2 building can access the Phase 1 spaces.

The initial applications proposed 12 visitor parking spaces along Falcon

Blvd. The number of spaces was reduced following the initial public and technical circulations to address concerns about access/traffic along Falcon Blvd. and land use compatibility. Staff finds this small reduction in parking spaces in an area where alternative modes of transit are available

of Report PB-12-12

represents a reasonable balance between the demand for visitor parking for apartment units, creation of a more attractive streetscape along Falcon Blvd. and represents more efficient land use.

(iv) the site is served by efficient peak period public transit;

Plains Road is shown in the Official Plan as a Primary Bus Service route. The Plains Road corridor is served by Burlington Transit Route 1 (west to Hamilton (King & James) and all 3 Burlington GO stations) with 15 minute peak service. This is the busiest transit route in Burlington. Sketch No. 1 shows the bus routes and bus stops in proximity to this site. An existing bus stop in located less than 100 metres from the building entrances. The recommended conditions of zoning approval in Appendix III also require the applicant to construct a 1.5 m sidewalk along the Falcon Blvd. frontage to provide a safe and convenient pedestrian access from the Phase 2 building to the transit stops on Plains Road.

(v) vehicular access to and from the site does not adversely affect local streets; and

The main vehicular access to the Phase 2 development is from the existing Plains Road driveway that serves the Phase 1 building and provides access to the underground parking garage. The only vehicular access to a local street is from the proposed 9-space visitor parking lot for the Phase 2 building. This parking lot also provides emergency access and a loading space. Many of the comments raised at the neighbourhood meetings and discussed in the public comment sheets identified traffic impact and safety as key concerns if access is permitted from Falcon Blvd. Transportation staff advised that traffic manuals do not provide a specific trip rate for visitors to condominium apartments. For analysis purposes they undertook calculations using the trip rates provided for condominium townhouse units listed at 0.25 trips/vehicle in the AM peak hour and 0.31 trips/vehicle in the PM peak hour. Using these rates, the impact of the 9 space visitor parking lot is projected as 3 trips/hour in the AM peak and 3 trips in the PM peak hour. The average Saturday rate for a 24 hour period is 3.31 trips/ vehicle or 30 trips. Staff considers this impact minor on a local road that is intended to carry up to 3,000 trips per day. Public comments also raised concerns about the operation of the unsignalized intersection at Falcon Blvd. and Plains Rd. E. and advised of difficulties in making left turns at this intersection. Transportation staff provided the following comments about this concern:

of Report PB-12-12

The Level of Service (LOS) for a two-way stop control depends on the interaction between drivers on the controlled approach (wishing to turn onto Plains Rd E. from Falcon Blvd. or Willowbrook Ave.) vs. drivers on the uncontrolled approach (Plains Rd. E.). Motorists on Falcon Blvd. and Willowbrook Ave. presently experience delays entering Plains Road, however, these delays are confined to the peak two hours of the day. The additional visitor trips listed above will have minimal impact on this intersection.

Staff assess the need for a traffic signal at a given location by evaluating

the intersection operation using a provincial warrant that is used by many Ontario municipalities and adopted by the Burlington City Council. The warrant for traffic signals takes into account:

1) the total traffic volumes using the intersection during the peak 8 hours

of the day, 2) the delay for side street traffic (vehicular and pedestrian) to cross the

main street traffic, 3) the number of collisions susceptible to correction by a traffic signal, i.e.

right-angle collisions, and 4) the total traffic volumes experiencing excessive delays during the peak

4 hours of the day.

Staff undertook a signal warrant evaluation using data from a March 31, 2010 8 hour traffic count and subsequent field investigation and found a traffic signal was not warranted. The Transportation Services Department advises unjustified traffic control signals lead to an increase in overall delay, contribute to a general disregard of traffic control devices, increase noise and fuel consumption, do not necessarily improve safety and do not work well to calm traffic. Staff will continue to monitor this intersection as redevelopment occurs along Plains Road. Based on the proximity to other signals along Plains Road, this intersection may be a good candidate for a signal in the future if warrants are met.

(vi) the site is located on a multi-purpose arterial or major arterial road

that can accommodate the anticipated traffic. The principal resident traffic is oriented to Plains Rd. E. which is identified as a multi-purpose arterial in the Official Plan. These types of roads are intended to carry up to 40,000 trips per day and transit-supportive land uses are to be encouraged. Transportation Planning staff have reviewed this proposal and advise the existing Phase 1 building generates approximately 17 trips in the AM peak hour and 19 trips in the PM peak hour. The 37 units proposed for Phase 2 are expected to generate approximately 13 trips in the AM peak hour and 15

of Report PB-12-12

trips in the PM peak hour resulting in a total trip generation for the two buildings of 30 trips in the AM peak and 34 in the PM peak hour. The eastbound and westbound volumes on Plains Road E. are operating under capacity in both the AM and PM peak hours and the generated site traffic is not anticipated to have an impact on the operations on Plains Rd. E.

2.1.4.3 Housing Intensification Criteria

The Official Plan also includes residential policies that are to be considered in addition to the mixed use corridor policies in areas where residential land uses are permitted. The objectives of the residential policies include providing housing opportunities that encourage use of public transit, encourage the integration of a wide range of housing types and tenure, and encourage residential intensification in the urban area provided the amount and form of intensification is balanced with other planning considerations including infrastructure capacity, compatibility and integration with existing residential neighbourhoods. Part III, Section 2.5.2 a) of the Official Plan provides criteria to be considered when evaluating housing intensification proposals within established neighbourhoods. Several of the 13 listed criteria are similar to those found in the mixed use corridor section and are already discussed above ((i) adequate municipal services, (ii) off-street parking, (iii) traffic impact, (iv) proximity to transit, and (v) land use compatibility). Staff’s comments on the additional criteria are listed below.

(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.

The properties are not heavily vegetated so there will be no significant loss of vegetation. There are no changes proposed to the existing Phase 1 building so the landscaping at the front and rear of the building is expected to remain. In the eastern portion of the site fronting on Falcon, boundary vegetation consists of cedar and deciduous hedges. The City Forester has requested an assessment of this area by a Certified Arborist at the site plan stage and a Tree Protection Plan to ensure trees, including boundary trees on adjacent properties, are not put at risk during construction. The City Forester also identified a small calliper city cedar tree to be removed that will require a city tree permit and $1,000.00 compensation to provide for a replacement tree. These conditions have been included in Appendix III. New plantings will be addressed in further detail at the site plan stage. Areas to be reviewed carefully include landscaping adjacent to Falcon Blvd. to screen the visitor parking area and landscaping within the 6 metre buffer area between the Phase 2 building and the residential properties to the south.

of Report PB-12-12

(vii) Significant sun-shadowing for extended periods on adjacent

properties, particularly outdoor amenity areas, is at an acceptable level.

Sun-shadowing analyses are typically required for highrise developments. The proposed 4-storey building is considered a mid-rise development and will be set back between 10.8 and 14 m from adjacent properties. The building is not anticipated to create significant shadowing impacts for extended periods on the abutting properties at 974 Falcon Boulevard and 409 Finch Avenue. (viii) Accessibility exists to community services and other

neighbourhood conveniences such as community centres, neighbourhood shopping centres and health care.

The proposed development forms part of the Plains Road Corridor that supports a mix of retail, service commercial, office and institutional uses as well as residential uses. Retail and service commercial uses exist east and west of the Phase 1 building and to the north of the proposed Phase 2 building. Elementary schools, Kiwanis Park/arena and the newly relocated Aldershot library are also within walking distance of the site. (ix) Capability exists to provide adequate buffering and other measures

to minimize any identified impacts.

The zoning regulations for mixed use corridors require a minimum landscape buffer of 6 m, including fencing and a dense landscape screen, adjacent to properties zoned R1 (the abutting Falcon Blvd. and Finch Ave. properties). The proposed concept plan can satisfy this requirement and the landscaping details will be determined at the site plan stage. For the Phase 1 development, fencing was installed along the south property line and spruce trees were planted adjacent to the more southerly parking spaces as shown in photograph 2. At this time the trees have not yet sufficiently filled in and staff has been advised that a Finch Ave. resident is impacted by headlight glare from vehicles headed towards the underground parking ramp at the rear of the property. This matter has been investigated with the applicant and a design solution prepared that involves changes to grades in the landscape buffer, a retaining wall and solid board fence between the parking spaces and the spruce trees to screen the parking area. The applicant has agreed to commence this work in Summer 2012 and a condition requiring completion of this matter has been included in the conditions of approval for the subject applications (Appendix III, Condition 1b).

of Report PB-12-12

Photo 2: Spruce trees adjacent to the southern boundary of the visitor parking lot at the rear of the Phase 1 building.

(x) 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 Falcon Blvd. properties are bounded to the north and west by properties developed under the applicable MXG zoning. The properties to the north at 414 and 418 Plains Rd. E. were constructed in 2002 with ground floor commercial and second storey residential units so are not developed at the maximum intensity permitted under the MXG zone. The applicant was encouraged to pursue assembly of these lands fronting on Plains Rd. but was unable to do so. The potential remains for redevelopment of these lands in the future. Staff finds the intensification of 980 and 986 Falcon Blvd. can be supported based on the assembly with the adjacent lands to the west that provide the access to the arterial road and sufficient land area to accommodate the apartment building. The land assembly also results in the creation of a development parcel that is consistent with other mixed use developments on the south side of Plains Road in this area. It is staff’s opinion the adjacent properties further south along Falcon Blvd. and fronting on Finch Avenue do not satisfy the evaluation criteria for a mixed use corridor type development therefore the subject applications do not need to address future redevelopment of these lands.

of Report PB-12-12

(xi) Natural and cultural heritage features and areas of natural hazard

are protected. No significant natural or cultural heritage features or area of natural hazard have been identified. The city is currently undertaking a study of Falcon Creek but engineering staff have confirmed that the subject properties are located outside of the floodplain. (xii) Where applicable, there is consideration of the policies of Part II,

Subsection 2.11.3, g) and m). These policies address stormwater management objectives. Engineering staff have advised they are satisfied with the findings of the applicant’s functional servicing report that proposes installation of an underground storage tank to control stormwater discharge before connecting to the storm sewer.

(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

As discussed previously, the two Falcon Blvd. properties obtain access to an arterial road by their assembly with lands immediately west also owned by the applicant. The depth of the mixed use corridor designation ranges from 72 to 82 m on the other lands between Filmandale and Falcon as the abutting residential properties fronting on Finch Ave. have varying depths. Staff finds redesignation of the two Falcon Blvd. properties, resulting in a 74 m depth of the mixed use corridor designation, would be in alignment with the adjacent properties fronting on Finch Ave. and create a similar boundary between different intensities of residential development requiring use of setbacks and buffer areas to provide a transition. Many public comments submitted have raised concerns that redevelopment of the two Falcon Blvd. properties would set a precedent for the approval of further apartment building requests in South Aldershot. It is staff’s opinion that the above policy would not support the redesignation of interior residential lots in Aldershot for similar developments as the properties would not have access to an arterial road, are not located at the periphery and two detached lots are generally not sufficient in size to permit an appropriate transition.

of Report PB-12-12

2.2 Policy review conclusions

Based on a review of the applicable provincial, regional and municipal policy framework, including a review of the evaluation criteria for mixed use developments and residential intensification provided in the Burlington Official Plan, staff’s recommendation supports the redesignation of 980 and 986 Falcon Blvd. to a mixed use corridor designation in accordance with the map and text amendments outlined in proposed Official Plan Amendment No. 86 attached as Appendix I to this report.

2.2.1 Proposed Zoning Modifications

This report also recommends approval of the rezoning application and directs staff to prepare a zoning by-law generally in accordance with the draft zoning by-law attached in Appendix II. This draft by-law incorporates the exceptions to the MXG regulations approved in 2008 through the minor variance process for the Phase 1 building. It also restricts uses on the properties to apartment buildings only in accordance with proposed OPA 86. Additional regulations for the Phase 2 building have been developed to address the concerns raised in the land use compatibility section discussed in section 2.1.4.2 of this report. These additional exceptions include: Restricting the number of apartment units to 37 as this is tied to

the parking requirements. Permitting a 10% reduction in the visitor parking requirements so

a minimum of 27 spaces is required. Providing a maximum building height of 4 storeys rather than the

6 storeys permitted in the stock MXG zone. Increasing the building setback from Falcon Blvd. Decreasing the building setback from the south property line

Staff finds the proposed zoning by-law amendments are appropriate for the development of the subject lands.

3.0 Financial Matters: The applications were processed under the standard development application fees. At the site plan approval stage, the City will require securities to ensure the works associated with the proposed development will be completed to the City’s satisfaction.

of Report PB-12-12

4.0 Environmental Matters: An environmental site screening checklist was submitted with the applications as well as a soils analysis report. Regional and municipal staff reviewing these reports are in agreement with the findings and have advised no further investigation is required. The Burlington Sustainable Development Committee has submitted comments generally in support of the development as attached in Appendix IV to this report. The Committee advises they were pleased with plan revisions such as landscape improvements that are in line with the principles and objectives of sustainable development. The committee also submitted recommendations to incorporate green design features in the development. These recommendations were provided to New Horizon Homes and they have prepared a response attached as Appendix V. Many of these proposals will be reviewed in further detail at the site plan stage.

5.0 Communication Matters: 5.1 Technical Comments

All internal departments and external agencies responding to the circulation indicated no objections to the application. These include comments from Halton Region, Burlington Hydro, the Halton District School Board, the Halton Catholic District School Board, Canada Post and Bell Network Services. Conditions were requested by several departments and agencies and have been included in the Conditions of Zoning Approval attached as Appendix III.

5.2 Public Consultation

The applications were subject to the standard requirements to post notice signs on the properties and circulation by the city of a notice letter to property owners within 120 m of the subject lands. Additional opportunities to review and provide comments on the development applications were provided as listed below. March 2010: neighbourhood meeting to discuss applications at

Holy Rosary School (approx. 150 attendees) Summer 2010: Councillor Craven hosted five working group

meetings where interested residents identified their concerns with the development, discussed proposals to improve the concept and asked questions about the development process. Planning staff attended four of these meetings and the developer attended the final three.

September 2011: a second neighbourhood meeting was held

following submission of the revised applications at East Plains United Church (approx. 60 attendees)

of Report PB-12-12

Staff received approximately 50 comment sheets and letters concerning these applications. These public submissions were attached to the staff report prepared for the statutory public meeting held November 14, 2011 (Report PB-88-11, Appendices II, III and IV). Report PB-88-11 also provided staff comments concerning the dominant themes reflected in the submitted comments. A summary of the dominant themes is provided in Section 5.2.1 below. The subsequent Section 5.2.2 provides staff comments on additional questions or concerns that were not discussed in Report PB-88-11.

5.2.1 Dominant themes of public comments

Comment Staff Response Aldershot character is predominantly single family dwellings and should be maintained. Only detached dwellings should be permitted on streets below Plains Road.

The redesignation of the two Falcon Blvd. properties to the same designation as the adjacent properties owned by the applicant creates a consistent depth of the mixed use corridor designation along Plains Rd. E. between Filmandale Rd. and Falcon Blvd. It also permits a residential development that generally satisfies the Plains Road corridor development objectives similar to other Plains Rd. properties that intersect with side streets and are required to provide a landscape buffer to address the transition with the adjacent low density residential designation. Staff finds the approval of OPA 86, based on the unique characteristics of the affected properties, will not fundamentally change the predominant low density residential character of South Aldershot.

Approval of applications would set precedent whereby any two lots in Aldershot could be assembled and redeveloped with multi-unit housing forms.

Each development application is considered on its merits based on the existing policy context, site characteristics and details of the development proposal. This includes consideration of the evaluation criteria for intensification listed in the Official Plan. It is staff’s opinion that 980 & 986 Falcon Blvd. can be distinguished from most other residential lots in South Aldershot based on proximity to the Plains Rd. transit corridor, access provided from an arterial road, and the ability to provide a comprehensive development at the same depth as the adjacent lands already designated mixed use corridor.

Increased traffic and impact on Falcon Blvd.

See section 2.1.4.2 (v) or report.

Application should be refused if community members indicate they are opposed.

Public engagement is an important component of the planning process and these applications have been the subject of extensive neighbourhood and working group meetings. Public comments are considered by staff in looking at the impacts of and issues associated with a development proposal along with all other relevant matters to determine if an application is in the public interest, This entails consideration of the development proposal in terms of approved provincial, regional and municipal policy documents and development objectives, the submitted technical

of Report PB-12-12

reports, and the needs of the broader community. All submitted written comments were attached to the planning report prepared for the statutory public meeting in November 2011 (PB-88/11) so are available for consideration by members of City Council in making a decision on the applications.

Diminished privacy for residents abutting development along Falcon Blvd.

The mixed use corridor designation along major arterial roads in Burlington is often adjacent to low density residential zones. The zoning by-law provides regulations including landscape buffer areas and setbacks adjacent to these residential zones to address compatibility and provide a transition area. The proposed Phase 2 4-storey building satisfies the required 6 m landscape buffer area. Section 2.1.4.2 of this report discusses why staff finds it can support a reduction in the setback from the south property.

Construction Impacts

Staff recognizes that construction causes disruption to surrounding areas while it is underway. Construction management plans are a standard component of the site plan process and staff prepares site plan conditions and requires securities to ensure conditions are adhered to. The applicant has advised that for the Phase 1 development an arrangement was made with a nearby church to use part of its property for construction staging and parking. A similar arrangement could be pursed if the Phase 2 building is approved.

5.2.2 Additional comments and questions not addressed in PB-88-11

Comment Staff Response Do not like main building entrance along Falcon Blvd.

The main resident access for the building is via the underground parking garage where all resident parking is provided for the Phase 2 building. The building entrance on Falcon Blvd. is for pedestrians, visitors and deliveries, and supports the objective of higher intensity development in close proximity to transit. Given the number of units in the building, it is not anticipated that the activity at this building entrance will result in significant adverse impacts.

Apartment building will look out of place on Falcon.

Apartment buildings are already permitted at the southwest corner of Falcon Blvd. and Plains Rd. E. Approval of this application extends the depth of the mixed use corridor along Falcon to match the designation on the adjacent property to the west. In locations where the Plains Rd. mixed use corridor designation abuts local side streets, the building form will always have an impact on the intersecting street and efforts are made to mitigate these impacts through a variety of techniques including setbacks, landscaping, architectural features, building materials and streetscaping. While the initial submission had a more institutional design, staff finds the design modifications including the 3-storey facade along Falcon Blvd. and a peaked roof, result in a more residential appearance

of Report PB-12-12

that fits better with the neighbourhood. Further design improvements would also be the subject of a more detailed review at the site plan stage.

It is inappropriate to have 4-storey buildings adjacent to detached dwellings. Residents on balconies will be able to see into the rear yards of Finch Ave. properties.

The zoning by-law addresses the impacts of mid-rise or high-rise buildings adjacent to detached dwellings through the provision of setback and landscape buffer requirements. The south elevation of the Phase 2 building faces two rear yards at 409 Finch Ave. and 974 Falcon Blvd. As discussed in Section 2.1.4.2, where a reduced setback is proposed adjacent to 409 Finch Ave, there is existing dense landscaping on the property and the applicant will be required to provide additional landscaping on its lands adjacent to the southerly property line. Adjacent to Falcon Blvd. the proposed Phase 2 building will be set back approximately 20 m from the road so will be located behind the dwelling unit at 974 Falcon Blvd. Only the rear 6 metres of the property at 974 Falcon Blvd. is affected by the request for a reduced setback (15 m to 14 m) and the details of the landscape buffer requirements adjacent to this property will be further considered at the site plan stage.

Development will result in increased noise from additional residents in area.

A noise control study was one of the technical reports required to be submitted with the application. The report identifies the main noise source impacting the development as Plains Rd. The location of this building can therefore act as a buffer to lessen the impacts of road noise on properties to the south. Concerning new residents in the area, the proposal is for 37 1-bedroom units. No large gathering space is proposed and amenity space is primarily small balconies. Staff does not anticipate this will create significant noise impacts.

People do not wish to buy homes adjacent to mixed use buildings so there will be a reduction in property values.

Property values are influenced by a wide variety of factors and are not included as one of the evaluation criteria for consideration of planning applications. There are many areas in the city where higher intensity and/or mixed use development is adjacent to detached dwellings and the zoning by-law addresses the impacts of different land uses through regulations including setback and buffer requirements.

People should not be allowed to amend OP or zoning. Development should proceed on “zoned” sites on Plains Road before considering any rezoning.

While the Official Plan presents a land use vision to direct growth to the year 2021, it specifically indicates it is not static or inflexible and identifies both information and process requirements in order to propose amendments to the plan. The City is required to review and prepare a recommendation for consideration by Council if a complete application (i.e. required forms, technical studies, fees) is submitted. This review includes public and technical agency input and the staff recommendation is based on approved planning principles and evaluation criteria identified in the Plan. Applicants have the ability to appeal applications to the Ontario Municipal Board if the city does not make a decision within the time frames established in The Planning Act.

of Report PB-12-12

Can the city provide a depth beyond which increased density would not be supported?

The City’s land use vision is identified in the Official Plan but as listed above, applications for amendment can be submitted. The mixed use designation along Plains Rd. generally follows the property lines of properties fronting on Plains Rd. Staff outlined earlier in this report why it finds the two Falcon Blvd. properties have unique characteristics that support their redesignation to mixed use corridor. It is staff’s opinion that most residential properties in South Aldershot do not meet the intent of the mixed use corridor objectives but if a complete planning application is submitted, staff will have to review it on its merits.

There is no reason to demolish the two detached dwellings.

The detached dwellings can be demolished whether or not these applications are approved. Under the existing R2.1 zoning, an applicant could redevelop the properties with two-storey detached dwellings up to 10 m in height.

Does the lot size not have to be larger to accommodate the requested floor area ratio?

The maximum floor area ratio for residential buildings in an MXG zone is 1:5:1. The proposed 2 building development achieves a floor area ratio of 1.32 so is less that the maximum development permitted on the site.

Can the applicant cut trees before a decision has been made on the applications?

The City does not have a private tree by-law so property owners are able to cut trees on their properties. As part of an application, the city requests a tree inventory and landscape plan and these plans have been submitted. The City Forester has not indicated any significant vegetation on the site but has requested conditions that have been included in Appendix III.

Residents of Burlington may not want to accommodate future growth outlined in the PPS and Growth Plan.

Regional and City planning documents are required to be consistent with the PPS and Growth Plan to receive approval. The city recently initiated an Official Plan Review process and there will be many opportunities for residents to get involved and discuss their ideas about the future development of Burlington. It should be noted that any proposed amendments to the Burlington Official Plan resulting from this process must be in accordance with senior planning documents.

5.3 Public Notice provided of recommendation report

Report PB-88-11 was the report prepared for the statutory public meeting on the applications. Notice of this November 14, 2011 public meeting was provided to the following in accordance with the requirements of the Planning Act and Burlington’s Official Plan: 1) property owners within 120 m of the properties under

application; 2) persons that attended and signed the sign-in sheets at either the

March 30, 2010 or September 19, 2011 neighbourhood meetings;

3) persons that submitted written comments on the applications; and

of Report PB-12-12

4) those that submitted a request to be added to the mailing list for these applications.

The subject recommendation report PB-12-12 is the first application that the city has processed using its new two report format where the statutory public meeting is held prior to the preparation of a recommendation. Staff prepared a notice letter advising that this recommendation report would be considered by the Community Development Committee on April 16, 2012 and distributed it to the following: 1) persons that attended and signed the sign-in sheets at either the

March 30, 2010 or September 19, 2011 neighbourhood meetings;

2) persons that submitted written comments on the applications; 3) persons that appeared as a delegation at the statutory public

meeting; and 4) those that submitted a request to be notified of this future

meeting date.

6.0 Conclusion: Staff has reviewed the applications in accordance with applicable Provincial, Regional and Municipal planning policies. It is staff’s opinion that the proposed development represents an appropriate form of residential intensification in accordance with the mixed use development objectives for the Plains Road corridor. The development represents an efficient use of land, increases the range of housing options on a transit corridor and has undergone several design modifications to address compatibility with the surrounding community. This report recommends approval of Official Plan Amendment 86, and approval of the rezoning application subject to the conditions contained in Appendix III. Respectfully submitted, Silvina Kade Senior Planner – Development Ext. 7871

of Report PB-12-12

Approvals: *required

*Department

City Treasurer General Manager City Manager

To be completed by the Clerks Department Committee Disposition & Comments

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

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

Notifications: (after Council decision)

Name Mailing or E-mail Address

Refer to File

of Report PB-12-12

of Report PB-12-12

Sketch No. 5 BUILDING ELEVATION FACING FALCON BOULEVARD

(prepared by applicant)

Initial Applications (February 2010) 15.9 m to peak; 13.2 m to flat roof

Sketch No. 6 Revised Applications (August 2011) 14.4 m to peak; 12.7 m to the front

of Report PB-12-12

Sketch No. 7

Revised Applications (November 2011) View of southerly and easterly building elevations

Prepared by KNY Architects Inc.

of Report PB-12-12

APPENDIX I

AMENDMENT NO. 86 TO THE OFFICIAL PLAN OF THE BURLINGTON PLANNING AREA (NEW HORIZON HOMES – 980 & 986 FALCON BLVD.)

CONSTITUTIONAL STATEMENT The details of the Amendment, as contained in Part B of this text, constitute Amendment No. 86 to the Official Plan of the Burlington Planning Area, as amended.

PART A – PREAMBLE

1. PURPOSE OF THE AMENDMENT The purpose of this Amendment is to redesignate the lands at 980 and 986 Falcon Boulevard from “Residential-Low Density” to “Mixed Use Corridor-General”. The redesignation of these two properties will permit the development of a 37-unit 4-storey apartment building upon the assembly of the subject properties with the lands to the immediate west at 410 Plains Road E. that are already designated “Mixed Use Corridor-General.” 2. SITE AND LOCATION The subject properties are located on the west side of Falcon Boulevard approximately 33 metres south of Plains Road E. The properties have frontage on Falcon Blvd. of approximately 41 metres and an area of 0.1461 hectares. To the north of 986 Falcon Blvd., is a 2-storey mixed use building fronting on Plains Rd. E., to the east is Falcon Blvd. and detached dwellings, to the south of 980 Falcon Blvd is a detached dwelling, and to the west at 410 Plains Rd. E. is a vacant property also owned by the applicant (New Horizon Homes), and a property at 396 Plains Rd. E. developed by New Horizon Homes in 2008 with a 49-unit 5-storey apartment building. 3. BASIS FOR THE AMENDMENT

a) The subject application proposes intensification that is consistent with the Provincial Policy Statement (PPS). The PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of public transit.

b) Directing intensification to intensification corridors and providing policies that identify

the appropriate type and scale of development assist the City in achieving its intensification targets and meet the intent of the Provincial Places to Grow Growth Plan and the Region of Halton Official Plan.

of Report PB-12-12

c) The applicant submitted technical studies with the February 2010 application, and updated technical studies with the revised August 2011 application, that provide adequate and appropriate information to support the development.

d) The redesignation of these two properties, when assembled with the adjacent

properties to the west at 396 and 410 Plains Rd. E., also owned by New Horizon Homes, will create a generally consistent depth of the existing Mixed Use Corridor-General designation of properties along the south side of Plains Rd. E. between Filmandale Rd. and Falcon Blvd.

e) The proposed development is located on lands with adequate infrastructure and in close proximity to transit routes, commercial uses and community amenities so satisfies Official Policies to provide housing opportunities in locations that can reduce travel times and decrease dependence on the car.

f) The development is also designed with its principle access on an arterial road that can accommodate the traffic and will have minimal impacts on the local road as the driveway to the local road will be limited to emergency vehicles, loading and a small visitor parking area.

g) The proposed development of 37 1-bedroom apartment units satisfies Official Plan policies to encourage integration of a wide range of housing types.

h) The proposal is in accordance with Official Plan policies directing intensification along the identified Plains Road corridor while providing a restriction permitting only residential uses up to 4 storeys in height to address compatibility with the adjacent residential community.

PART B – THE AMENDMENT

1. DETAILS OF THE AMENDMENT

Map Change: “Comprehensive Land Use Plan – Urban Planning Area,” being Schedule B of the Official Plan of the Burlington Planning Area, as amended, is modified by the attached Schedule B1. Schedule B1 indicates the lands to be redesignated from “Residential-Low Density” to “Mixed Use Corridor–General.”

of Report PB-12-12

Text Change: The text of the Official Plan of the Burlington Planning Area, as amended, is hereby amended as follows: By adding the following policy p) at the end of Part III, Land Use Policies – Urban Planning Area, Section 5.3 Mixed Use Corridors (General, Employment and Commercial Corridor), Subsection 5.3.2 General Policies:

“West side of Falcon Boulevard, 35 metres south of Plains Road East

p) Notwithstanding the policies of Part III, Subsections 5.3.2 a) and d), of this Plan, on the lands designated “Mixed Use Corridor-General” and identified as 980 and 986 Falcon Boulevard, only an apartment building shall be permitted and the maximum building height shall be 4 storeys.”

2. INTERPRETATION

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

3. IMPLEMENTATION

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

of Report PB-12-12

Schedule B1

of Report PB-12-12

APPENDIX II

DRAFT BY-LAW NUMBER 2020.XXX SCHEDULE ‘A’ AND EXPLANATORY NOTE

THE CORPORATION OF THE CITY OF BURLINGTON

BY-LAW NUMBER 2020.XXX

A By-law to amend By-law 2020, as amended: to permit two apartment buildings at 396 & 410 Plains Rd. East and 980 & 986 Falcon Boulevard

File No.: 520-02/10

1. Zoning Map Number 5 of PART 15 to By-law 2020, as amended, is hereby amended as

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

and R2.1 to MXG-430. 3. Part 14 of Zoning By-law 2020, as amended, Exceptions to Zone Designations, is amended

by adding Exception 430 as follows:

EXCEPTION NO. 430

1. Permitted Uses

Only the following uses are permitted: Apartment buildings 2.

Regulations applying to the entire development site

Number of visitor parking spaces: 27

Setback of driveway from windows of habitable rooms located on a ground floor:

0 m

Setback of parking spaces from windows of habitable rooms located on a ground floor:

2 m

Where multiple contiguous lots are developed as one comprehensive development or under a single comprehensive site plan, all lots shall be deemed to be one lot for the purposes of applying zoning regulations.

of Report PB-12-12

3. Regulations applying to Building A shown on Diagram 430

Maximum number of apartment units: 49

Maximum building height: 5 storeys

Setback of parking lot from Plains Rd. E. : 3 m

Setback of existing building and existing below grade parking structure from west property line:

0 m

Setback of existing below grade parking structure from south property line:

5.8 m

Landscape buffer along south property line 3.9 m 5.8 m

adjacent to stairwell: adjacent to below grade parking structure or surface parking lot:

Maximum fence height within 3 m of Plains Rd. E. 1.6 m 4.

Regulations applying to Building B shown on Diagram 430

Maximum number of apartment units: 37

Maximum building height: 4 storeys

Setback of parking lot from Falcon Blvd.: 4 m

Setback of below grade parking structure 0.4 m 0.7 m

from north property line: from Falcon Blvd.:

Minimum yard abutting Falcon Blvd.: 18.5 m

Maximum yard abutting Falcon Blvd.: 20 m

Minimum yard from building to south property line: 10.8 m

Minimum yard from balconies or bay windows to south property line:

10.3 m

Notwithstanding Part 5, Section 4.6 f) of Zoning By-law 2020, the required 2 m walkway adjacent to designated accessible parking spaces may be included as part of the required 3 m wide pedestrian walkway.

of Report PB-12-12

Except as amended herein, all other provisions of this By-law, as amended, shall apply.

5. a) When no notice of appeal is filed pursuant to the provisions of the Planning Act, R.S.O. 1990, c.P.13, as amended, this By-law shall be deemed to have come into force on the day it was passed

b) If one or more appeals are filed pursuant to the provisions of the Planning Act, as amended, this By-law does not come into force until all appeals have been finally disposed of, and except for such parts as are repealed or amended in accordance with an order of the Ontario Municipal Board this By-law shall be deemed to have come into force on the day it was passed.

ENACTED AND PASSED this ....……..day of ………………… 2012.

MAYOR CITY CLERK

of Report PB-12-12

of Report PB-12-12

EXPLANATION OF PURPOSE AND EFFECT OF BY-LAW 2020.430

By-law 2020.430 rezones lands at 396 & 410 Plains Road E. and 980 & 986 Falcon Boulevard to permit a comprehensive development of two apartment buildings on these properties. Building A is existing so the zoning regulations for Building A reflect the existing development. For further information regarding By-law 2020.430, please contact Silvina Kade of the Burlington Planning & Building Department at (905) 335-7600, extension 7871.

of Report PB-12-12

APPENDIX III

Conditions of Zoning Approval

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

1) The owner shall complete the following to the satisfaction of the Director of Engineering:

a) Design and construct curb and gutter, a 1.5 m wide sidewalk and provide road drainage

from the south property line at Falcon Blvd. to Plains Rd. E. b) Regrade the 6 m landscape buffer at the southerly limit of the property in the vicinity of

the Phase 1 building for access and maintenance purposes and provide solid fence screening of the parking area as per the details provided in the letter from New Horizon Homes dated January 27, 2012.

c) Submit a detailed grading/servicing plan at the site plan stage.

d) Submit an updated noise report and lighting details at the site plan stage.

e) The following warning clauses shall be registered on title and included in all Development Agreements, Offers of Purchase and Sale/Lease and in the Condominium Declaration:

i. “Purchasers/tenants are advised that despite the inclusion of noise control features

within the building units, sound levels from increasing traffic on Plains Road East may continue to be of concern occasionally interfering with some activities of the dwelling occupants as the sound levels exceed the criteria of the municipality and the Ministry of the Environment. In order to achieve a suitable indoor noise environment, windows may have to remain closed therefore this dwelling has been equipped with a central air conditioning system”

ii. “Purchasers are advised that due to the close proximity of the roof-top equipment

and the garage ventilation shaft, sound levels may at times be audible.“

of Report PB-12-12

2) The owner shall complete the following to the satisfaction of the Director of Planning and

Building: a) The owner agrees to generally comply with the preliminary site plan prepared by IBI

Group and date stamped as received March 21, 2012. b) The owner agrees to generally comply with the preliminary elevations prepared by KNY

Architects Inc. and date stamped as received November 8, 2011.

c) At the site plan stage, submit a landscape plan proposing general enhancements to the site along Falcon Boulevard as well as fencing and vegetation to address aesthetics and privacy considerations along the southern property boundary in the vicinity of the Phase 2 building.

3) The owner shall complete the following to the satisfaction of the City Forester: a) At the site plan stage, boundary trees shall be assessed by a Certified Arborist to ensure

trees will not be put at risk for failure during construction and a Tree Protection Plan shall be submitted.

b) A City Tree Permit will be required for the removal of a small caliper cedar tree and

compensation in the amount of $1,000 for replacement of same.

4) The owner shall complete the following to the satisfaction of the Director of Finance:

a) All property taxes levied must be paid. 5) The owner shall complete the following to the satisfaction of the Region of Halton:

a) The owner shall contact Andrew Suprun, at 905-825-6000 ext. 8297 to discuss the

proposed arrangements for refuse and recycling storage and collection. The owner agrees that as part of the site plan process, a waste management plan will be required for the new building that will describe how waste will be handled on site and how it will be collected.

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

a) That the owner agrees that a clause will be inserted into the Condominium Agreement, and all offers of purchase and sale for residential units, that “sufficient accommodation may not be available for students residing in this area, and that you are notified that students may be accommodated in temporary facilities and/or bussed to existing facilities outside the area.” Further, the clause will specify that the “Halton Catholic

of Report PB-12-12

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 development agreement to the satisfaction of the Halton Catholic District School Board, to erect and maintain signs at all major entrances into the new development advising prospective purchasers that if a permanent school is not available alternative accommodation and/or bussing 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.

7) The owner shall complete the following to the satisfaction of Canada Post:

a) Canada Post’s multi-unit policy, which requires that the owner/developer provide the centralized mail facility at their own expense, will be in effect for buildings and complexes with a common lobby, common indoor or sheltered space.

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

Notes:

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

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

of Report PB-12-12

APPENDIX IV

Comments from Burlington Sustainable Development Committee

Comments: Revised Application for New Horizon Homes – Westwood Phase 2 – 980 & 986 Falcon Blvd. and 396 & 410 Plains Rd. E.

Burlington Sustainable Development Committee October 31, 2011 Recommendation: Approve with elements that will contribute to green building design Preamble The committee has reviewed the application for New Horizon Homes – Westwood Phases 1 & 2, located at the corner of Falcon Blvd. and Plains Rd. E. We are generally in support of this development, and would like to thank New Horizon Homes for making changes based on the recommendations we submitted on April 13, 2010. We are pleased to see the reductions that were made to the overall paved areas in order to increase the landscaped area between the property line and visitor parking. These improvements are in line with a number of the committee’s principles and objectives for sustainable development. Along with the revisions that have been made, the Burlington Sustainable Development Committee would like New Horizon Homes to consider the following comments, which reinforce green design features that were recommended in April 2010. Our comments are based on the following Principles and Objectives of Sustainable Development, developed by the committee, endorsed by Council and part of the City’s Official Plan: Principles Promote sustainable resource use and conservation practices Have regard to environmental, economic and social costs and benefits in the development and use of resources, products and services Objectives Natural Storm Water Management– Watercourses should be protected in their natural state and for those watercourses that have been significantly altered, restoration to a more natural state will be encouraged as opportunities arise Responsible Use of Natural Resources – To encourage conservation of natural resources, the City should work towards ensuring that users are charged for the full local costs of their individual use of water, electricity and sanitary sewer. There should also be educational programs to encourage conservation of natural resources

of Report PB-12-12

Energy Conservation – Promote energy conservation through efficient land use planning and building design RECOMMENDATIONS Incorporate green design features based on the Burlington Sustainable Development Committee’s Low Rise Residential Green Design Features Short List:

1. Energy Follow Energy Star standards for ventilation and air leakage, Heating and Cooling systems, appliances and light fixtures Walls and Ceilings – Increase insulation above building code requirements in ceilings and walls Ducts – Provide heating and cooling to designated areas only. Properly seal all duct joints, supply and return trunk ducts and all take-offs Renewables – Consider the use of on-site renewable energy to reduce demand for electricity from the grid and natural gas. Heat Island Effect - Roofing should be specified with Solar Reflective Index (SRI) above 78 or vegetation to reduce heat load. 2. Water Reduce impervious areas by 50% - This can include rainwater harvesting and reuse, pervious pavement, bio-retention and other infiltration techniques. Design landscape portions of the site to use plant species that are drought resistant. Native species should be used to landscape portions of the site. Water efficiency – Install high efficiency fixtures and fittings, and install water reduction and water reuse technologies Water Use Reduction – Employ strategies that use 20% or less water than the water use baseline indicated in the US Energy Policy Act of 1992 (EPAct 1992). Specify high-efficiency fixtures and fittings, preferably meeting WaterSense certification. Trees and Natural Features - Identify and protect trees and important natural features during construction. Use plants that are drought resistant and are native species 3. Materials and Resources FSC Certified Wood - Use a minimum of 50% of wood-based materials and products, certified in accordance with the Forest Stewardship Council’s (FSC) Principles and Criteria for wood building components.

of Report PB-12-12

Construction Waste Management -Draft and follow a construction waste management plan including a minimum waste diversion from landfill of 75%. Recycle and/or salvage 75% of non-hazardous construction, land-clearing and demolition debris. Excavated soil does not contribute to this credit. Calculations can be done by weight or volume, but must be consistent throughout. Storage & Collection of Recyclables - Create a dedicated space within the building for collection and sorting of recyclables (paper, corrugated cardboard, glass, plastics, metals and organic waste). Respectfully submitted, Herb Sinnock Chair, Policy & Development Subcommittee Burlington Sustainable Development Committee

of Report

PB-12-12

SDC P&D Low-Rise Residential Green Design Features Short List ENERGY AND ATMOSPHERE Design home to meet ENERGY STAR for New Homes standards or a proven alterative of equal or greater efficiency. Heating and Cooling Systems The building must have furnaces, heat pumps, thermostats and fireplaces that are ENERGY STAR (or a proven alternative of equal or greater efficiency) qualified. Ducts Provide heating and cooling to designated areas only. Properly seal all duct joints, supply and return trunk ducts and all take-offs. These items will reduce the amount of heating and cooling that is lost during transportation through the home. Windows, patio doors and skylights- Windows, glass doors and skylights must comply with Canada’s requirements for ENERGY STAR qualified homes (or a proven alternative of equal or greater efficiency) Walls and Ceilings Increase insulation above building code requirements in the ceilings and walls of a building. This will reduce heat and cooling loss. Ventilation and Air Leakage Ensure that building is properly sealed, by completing an air leakage test. Air tightness targets, should meet ENERGY STAR standards (or a proven alternative of equal or greater efficiency). Include a heat recovery ventilation system. Building Fixtures Appliances and light fixtures in the building should meet ENERGY STAR standards (or a proven alternative of equal or greater efficiency). WATER EFFICIENCY – Building High Efficiency Fixtures and Fittings Install high efficiency fixtures and fittings. For example, dual flush or pressure assisted toilet. Showers should use 9.8L/min and faucets should use 8.3 L/min. Install water saving dishwasher that uses 26.0 L/water per load. Install front loading wash/dry units. Water Re-use Install water reduction and reuse technologies such as grey water collection systems. EXTERIOR WATER USE AND EFFICIENCY Reduce Stormwater Runoff Install permeable parking spaces and reduce impervious areas by 50%. For example, consider a green roof. If permeable surfaces are not obtainable, consider a rainwater collection system to reduce stormwater runoff and domestic water usage. Landscape Design landscape portions of the site to use plant species that are draught resistant. Native species should be used to landscape portions of the site. MATERIALS AND RESOURCES Framing Waste Factor: Limit the waste generated from framing by 10%.

of Report

PB-12-12

FSC Certified Wood and Environmental Friendly Products: Use FSC certified wood (or a comparative product) for construction of a building. Use environmentally friendly products, such as low VOC emitting materials, during the construction process. Recycled and Reused Content: Select building materials that have a high recycled content. For example use exterior trim and façade materials that that have a minimum of 50% recycled content. In addition, when possible obtain and apply reused materials (example from a reuse centre). Construction Waste Diversion: Reduce the amount of construction waste to landfill by a minimum of 25%. For example, make each trade person responsible for the collection and recycle of the materials they bring to the construction site. Trees and Natural Features: Identify and protect during construction trees and important natural features. In particular identify native species for protection. Indoor Environment Quality No or Low VOC and Formaldehyde Content: Select materials that have no or LOW VOC and/or formaldehyde off-gassing capabilities. Select paints, carpets, carpet underpadding, and wood flooring that have low or no VOC and/or formaldehyde (ex. green labels). Enhanced Outdoor Air Ventilation: Install a passive heat recovery ventilator (HRV) and verify balanced installation. The HRV will provide for a control on dust, dirt and humidity within a home. Enhanced Ventilation System: Install a ventilation system in accordance with CSA Standard F326.

of Report

PB-12-12

APPENDIX V

New Horizon Homes response to Burlington Sustainable Development Committee comments

January 23, 2012 Burlington Sustainable Development Committee c/o Dear Committee members:

Re: Application for Phase 2 for Westwood Condominiums, 980-986 Falcon Thank you for your follow up letter dated October 31, 2011. As you have acknowledged, we did make changes based on your previous comments to our earlier submission. As a company, we have done many things to be very proud of for sustainability in our community and beyond. We won the Canadian Home Builders’ Association’s first ever “Green Home of the Year” award for constructing a home that was more environmentally friendly than any other in Canada. In addition, we are recipients of the Environmental Award from the Hamilton-Halton Home Builders’ Association for 2011 for things we have incorporated into our designs, most specifically on mid-rise condominiums. In addition, we have built many townhome complexes and single family homes to Energy Star standards in Burlington and beyond and are a fully rated Energy Star builder. We feel that intensification development proposals such as this one, on or near main streets and short walks to public transportation and many other desirable services, are very environmentally friendly and represent the best in “green planning”. Community parks will benefit with this intensification, as will residents throughout Aldershot as intensification helps bring more goods and services to the area in a more environmentally friendly way. Our building standards are excellent for components such as insulation. We have built many buildings LEED-equivalent on Plains Road including the first phase of Westwood and the recently completed Kingsway Residences. We are proposing to build what we believe are the first geo-thermally heated privately owned townhomes in Halton, and have already installed geo-thermal heating on two other projects where the economies of scale will allow that to be practical in the area. All of our buildings and all of our building sites are appropriately equipped with recycling garbage boxes for construction and easy to use recycling rooms for residents once built.

of Report

PB-12-12

We believe the Burlington Sustainable Development Committee should want to encourage more developers to follow the standards to which we have held ourselves voluntarily at New Horizon Homes. As the constructors of the Aldershot Residences at Kingsway and Plains, we constructed that structure to LEED equivalent standards, and worked very hard to ensure geothermal heating and cooling was used in the structure. As long-term owners of the library facility in the building, we also ensured that this was heated and cooled with geothermal energy, a true educational opportunity for young people who use this facility. We trust that our track record will give your committee comfort that our approach will be environmentally appropriate. Your specific recommendations will be considered when we are creating our final design drawings. As I’m sure you are all aware, the building code has changed for 2012 to allow for many more environmentally friendly features that of course will be incorporated into our design. We have to ensure we are somewhat practical in this design also as these condominiums are intended to create affordability in the marketplace in the Aldershot area so price sensitivity has to be taken into account when the final design drawings are complete also. Thank you for your input. Yours truly, New Horizon Homes (Westwood) Inc, Jeff Paikin, President

Planning and Building Department SUBJECT: Recommendation ... · Recommendation Report concerning...

Documents

Transcript of Planning and Building Department SUBJECT: Recommendation ... · Recommendation Report concerning...