Draft Reporting Format - Brantford

Draft Reporting Format - Brantford

Draft Reporting Format - Brantford

DATE: January 9, 2018 REPORT NO. CD2018-002 TO: Chair and Members Committee of the Whole – Community Development FROM: Paul Moore, General Manager Community Development 1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC Official Plan Amendment OP-06-17 and Zoning By-law Amendment PZ-11-17 (33 Jarvis Street) [Financial Impact – None] (CD2018-002) 3.0 RECOMMENDATION A. THAT Official Plan Amendment Application OP-06-17, submitted by Recchia Developments Inc., affecting lands located at 33 Jarvis Street, to re-designate these lands from “Residential Area - Low Density” to “Residential Area - Medium Density” to permit a townhouse development, BE APPROVED; and B.

THAT Zoning By-law Amendment Application PZ-11-17, submitted by Recchia Developments Inc., affecting lands located at 33 Jarvis Street, to change the zoning of these lands from “Residential Conversion – Exception 12 Zone (RC-12)” to “Holding – Residential Medium Density Type A – Exception XX Zone (H-R4A-XX)” to permit a total of 30 townhouse units, BE APPROVED in accordance with the applicable provisions as noted in Section 8.2 of Report CD2018-002; and C. THAT the By-law to remove the “Holding (H)” provision from the subject lands not be presented to Council for approval until the following provisions have been satisfied: i.

The applicant has provided a signed Site Plan Agreement to the City, along with all necessary securities; ii. A Record of Site Condition has been filed on the Environmental Registry;

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Report No. CD2018-002 January 9, 2018 Page 2 iii. All servicing issues, financial and otherwise, have been addressed to the satisfaction of the City of Brantford. D. THAT Pursuant to Sections 17(23), 34(18) of the Planning Act, R.S.O. 1990, c.P.13. the following statement SHALL BE INCLUDED in the Notice of Decision: “Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Sections 7.2 and 8.3 of Report CD2018-002.” 4.0 PURPOSE Applications have been received to amend the City of Brantford‟s Official Plan and Zoning By-law 160-90 for the subject lands known as 33 Jarvis Street to permit the development of 30 townhouse dwelling units.

A location map of the subject lands is attached as Appendix A and a conceptual site plan is attached as Appendix B.

The Official Plan Amendment (OPA) proposes to re-designate the lands from “Residential Area - Low Density” to “Residential Area - Medium Density” to permit the built form (i.e., townhouses). The Zoning By-law Amendment (ZBA) proposes to change the zoning from “Residential Conversion – Exception 12 Zone (RC- 12)” to “Holding – Residential Medium Density Type A – Exception XX Zone (H- R4A-XX)” to permit the development of townhouse units with site specific provisions. The site specific provisions will permit the proposed modifications to minimum lot area, minimum lot width, minimum lot coverage, maximum building height, minimum front yard, minimum rear yard, minimum side yard, minimum landscaped open space, and minimum parking requirements, and establish a requirement for minimum private amenity space for the development.

These are described in more detail in Section 8.2 of this Report. 5.0 BACKGROUND 5.1 Site Features and Surrounding Land Use The subject lands are located at the northwest corner of Jarvis Street and Spring Street, west of Grand River Avenue. The subject property is within a Registered Plan of Subdivision (Parts of Lots „K‟, „L‟, and „N‟, North of Spring Street, Registered Plan 9B, registered November 29, 1977).

The property at 33 Jarvis Street has an area of approximately 0.5 ha (1.24 ac) with 50.7 m of frontage along Spring Street and 71.9 m of frontage along Jarvis Street. Jarvis Street and Spring Street are classified as local roads in the City of Brantford Official Plan. The lands are currently developed with a vacant industrial building. The previous industrial use of the site has resulted in environmental contamination and therefore the subject property is classified as a brownfield site.

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Report No. CD2018-002 January 9, 2018 Page 3 The surrounding neighbourhood consists predominantly of residential land uses, including low density residential uses (i.e., one and two storey single detached dwellings) to the north along Lorne Crescent and to the south and west along Spring Street, as well as medium density residential uses (i.e., fourplex dwellings and townhouse dwellings) to the west on Forbes Court.

Brantford Collegiate Institute and Vocational School is located to the east and a parking lot for the school is adjacent to the subject property on the northeast side. The surrounding neighbourhood also contains a mix of some commercial uses, institutional uses, and parks, including the Spring Street – Buck Park and the S.C. Johnson Trail along the Grand River. An aerial photograph and photographs of the subject lands are attached as Appendices C and D. Attached as Appendix E is a map identifying the land uses in the general area of the subject lands. 5.2 Description of the Proposal The Applicant has applied to amend the Official Plan and Zoning By-law 160-90 to facilitate the construction of 30 townhouse units, of which six will be traditional townhouse units with rear yards (Building 3 on Appendix B), and 24 will be back-to-back townhouse units (Buildings 1 and 2 on Appendix B), which are townhouse units that share a common rear and side wall and do not have rear yards.

The traditional townhouses will be three storeys in height. The back-to- back townhouses will be three storeys plus a partial fourth storey to accommodate access to a rooftop amenity space and a small storage room for each unit. No basements are proposed. The implementing Zoning By-law will address these items. See Section 8.2 of this Report for further details. Six traditional townhouses and 17 back-to-back townhouses are proposed to have access from an internal private roadway which will have access onto Jarvis Street at two points. These units along the private road are defined as block townhouse dwellings.

A future application for Draft Plan of Condominium will be required to establish a common element condominium which will create the private condominium road and other shared features of the site including visitor parking spaces and landscaped areas. The Applicant is aware of this requirement and has indicated that he will be submitting an application at a later date. The proposed type of condominium is comparable to a plan of subdivision in terms of layout, except that the internal street provides access to the 23 units through a private roadway, instead of a public municipal street. These lots and units will be individually owned but all owners of these units will pay condominium fees to cover the maintenance and operational costs for the common elements, including the private road, pedestrian walkways, visitor parking, landscaping, retaining walls, garbage collection and snow removal, etc.

The Applicant is also proposing that individual lots tied to the condominium will be created as Parcels of Tied Land (POTLs) through a future application for relief from Part Lot Control. Seven back-to-back townhouse units are proposed to front Spring Street with each unit having individual driveway access from the public road. These units along the public road are defined as street townhouse dwellings and will not have access to the internal private roadway or other common elements; therefore owners of these units will not pay condominium fees. These seven units will be separate from the future condominium as they are individually serviced and will be freehold.

Engineering Staff have indicated that only one water, sanitary, and

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Report No. CD2018-002 January 9, 2018 Page 4 stormwater connection for the future condominium is permitted. Since the seven units on Spring Street each have their own servicing connections, they must be separate from the condominium. The Applicant is proposing that the individual lots for these units will also be created through a future application for relief from Part Lot Control. All 30 units will have their own driveway and an attached garage, which the Applicant has indicated will provide two parking spaces per unit, with one space inside the garage and one space on the respective driveway, for a total of 60 owner spaces.

Eight visitor parking spaces are also provided at-grade for a total of 68 parking spaces on site. The eight visitor parking spaces will be accessed from the internal private roadway.

The buildings are designed with a modern style including flat roofs and a mix of materials to establish a building identity and shape the street character. Conceptual building elevations are found in Appendix F and will be reviewed in further detail at the Site Plan Control stage to ensure compatibility with the existing neighbourhood. Outdoor private amenity areas are provided for each unit, with the traditional townhouses having rear yards, and the back-to-back townhouses having individual rooftop amenity spaces. Balconies and porches are also proposed. Common amenity areas are limited to small landscaped areas located on the subject lands.

To facilitate the proposed townhouse development, applications for Official Plan Amendment and Zoning By-law Amendment have been submitted. The Official Plan Amendment proposes to re-designate the property from the Residential Area – Low Density” land use designation to the “Residential Area – Medium Density” designation which permits townhouse dwellings. The Zoning By-law Amendment proposes to change the zoning from “Residential Conversion – Exception 12 Zone (RC-12)” to “Holding – Residential Medium Density Type A – Exception XX Zone (H-R4A-XX)”, to permit the proposed townhouse dwelling units.

The special exceptions will amend the regulations of the R4A Zone to recognize the site specific details of the proposal which are discussed in more detail in Section 8.2 of this Report. As discussed previously, future applications for the approval of a Draft Plan of Condominium will be required to establish a common element condominium and for relief from Part Lot Control to create the individual lots, blocks, and easements as necessary. In addition, a future application for Site Plan Control is also required which will afford Staff and the Ward Councillors the opportunity to review the placement of buildings and driveways, building design, landscaping and buffering, and any other technical requirements prior to the issuance of a building permit.

The Applicant is aware of the requirement for these future applications.

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Report No. CD2018-002 January 9, 2018 Page 5 6.0 CORPORATE POLICY CONTEXT 6.1 Shaping our Future: Brantford’s Community Strategic Plan (2014- 2018) The applications were reviewed within the context of the Community Strategic Plan and they are consistent with the long-term desired outcomes set out under Goal 3 – Managed Growth and Environmental Leadership. In particular: “Brantford will be known as a city that manages growth wisely, makes optimum use of its infrastructure and is a leader in infill and Brownfield redevelopment.” The subject property is a brownfield site located within a built-up area of the City and is currently developed with a former industrial building that is vacant.

The applications for Official Plan Amendment and Zoning By-law Amendment will facilitate infill and brownfield redevelopment of this underutilized lot that will make optimum use of existing infrastructure in the City. As such the proposal is consistent with the direction established in the Community Strategic Plan. The Applicant has also submitted an application for the City‟s Brownfield Financial Tax Incentive Program (BFTIP). The BFTIP application will be reviewed by the Committee of the Whole – Community Development concurrently (refer to Report No: CD-2018-001) and, if approved, will provide financial assistance to the Applicant for the purposes of remediating the site.

6.2 Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) outlines that Ontario‟s long term prosperity, environmental health, and social well-being depend on wisely managing change as well as promoting efficient land use and development patterns. Specifically, Section 1.1 of the PPS promotes efficient development and land use patterns which minimize land consumption and servicing costs. It also includes policies that focus growth in existing settlement areas, encourage intensification and redevelopment, as well as making efficient use of existing infrastructure and public facilities.

Section 1.1.3.3 directs that Planning authorities “shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas”. Further, the PPS defines intensification as “the development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings.” Section 1.4.1 of the PPS encourages municipalities to provide an appropriate range and mix of housing types and densities within established settlement areas

Draft Reporting Format - Brantford

Report No. CD2018-002 January 9, 2018 Page 6 to meet projected requirements of current and future residents. The proposal includes the construction of traditional and back-to-back townhouse dwelling units within a residential mixed neighbourhood consisting of single detached dwellings, fourplex dwellings, and townhouses, which is consistent with Section 1.4.1 of the PPS by providing a mix of housing units. The development proposal is consistent with the PPS as the application proposes the redevelopment of an underutilized brownfield site within an existing settlement area. The proposed development will utilize existing infrastructure and municipal services.

Based upon the foregoing, Planning Staff is of the opinion that these applications are consistent with the Provincial Policy Statement (PPS). 6.3 Places to Grow – Growth Plan for the Greater Golden Horseshoe (2017) These applications were reviewed within the context of the Places to Grow, Growth Plan for the Greater Golden Horseshoe (Growth Plan). The Growth Plan states that “population and employment growth will be accommodated by directing a significant portion of new growth to the built-up areas of the community through intensification” and it encourages cities and towns to develop “complete communities” with a diverse mix of land uses as well as a range of employment and housing types.

The Plan provides a definition for compact urban form, which states that it can include detached and semi-detached dwellings on small lots as well as townhouses and walk-up apartments. The proposed development will introduce a new built form into the neighbourhood (i.e., back-to- back townhouses), contributing to the range and variety of housing options. The Growth Plan encourages intensification of built-up areas, with a focus on infilling. The Plan contains a phased approach to intensification within the Built Boundary until the year 2031. The City of Brantford is currently required to achieve an intensification target of 40% of new residential growth within the Built Boundary, and this is to continue until the municipality conducts its next Municipal Comprehensive Review.

Upon approval and implementation of the Municipal Comprehensive Review, the municipality is to achieve an interim intensification target of 50% annually within the Built Boundary (until 2031). After 2031, the municipality is to achieve an annual intensification target of 60% within the Built Boundary.

The applicant is proposing to develop a total of 30 new residential units within the City of Brantford‟s Built Boundary which will contribute to the current 40% target as outlined in Section 6.4 below. As such, the applications are considered to be in conformity with the policies of the document as intensification of existing built- up areas and growth management are encouraged 6.4 Growth Management The proposed development will contribute to the City‟s target of achieving a minimum of 40% of new annual residential growth within the Built Boundary, as illustrated in Table 1:

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Report No.

CD2018-002 January 9, 2018 Page 7 Table 1 – Growth Management Units Proposed 2018 Number of units proposed by this application 30 Total units proposed in City in 2018 30 Total units proposed in Built Boundary in 2018 30 Total % of growth proposed in Built Boundary in 2018 100.00% Units Created (Building Permits Issued) 2017 Total units created in City in 2017 400 Total units created in Built Boundary in 2017 170 Total % of growth in Built Boundary for 2017 42.50% 2016 Total units created in City in 2016 232 Total units created in Built Boundary in 2016 69 Total % of growth in Built Boundary for 2016 29.74% 2015 Total units created in City in 2015 609 Total units created in Built Boundary in 2015 401 Total % of growth in Built Boundary for 2015 65.85% January 2015 - October 2017 Total units created in City 1241 Total units created in Built Boundary 640 Total % of growth in Built Boundary 51.57% Last updated November 28, 2017.

This proposal helps meet the housing and growth management goals identified within Provincial legislation and the City of Brantford Official Plan. All of the proposed growth for 2018 is shown as being within the Built Boundary as this is the first planning application in 2018 and there have been no other proposals for growth within the Greenfield Area as of yet.

7.0 INPUT FROM OTHER SOURCES 7.1 Technical Liaison Response These applications were circulated to internal departments and external agencies for review, and the comments received are summarized in Appendix G, with detailed comments from the Engineering Department and Canada Post attached as Appendices H1, H2, and I. The comments provided have either been incorporated into the recommendations of this Report or have been noted and will be addressed through the Site Plan Control process should this proposal be approved. The comments are discussed in further detail in Section 8.0 of this Report.

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Report No.

CD2018-002 January 9, 2018 Page 8 7.2 Public Response Notice of the Public Meeting in consideration of these applications under the Planning Act was issued to all property owners (300 owners) within a 240 m radius of the subject lands (refer to Appendix J). A 240 m radius rather than the minimum required radius of 120 m was used at the request of the Ward 2 Councillors. At the time of writing this report, no written responses have been received. Two Ward Meetings were held regarding these applications. The first Ward Meeting was held on October 2, 2017 with approximately 21 residents in attendance, and the second Ward Meeting was held on November 20, 2017 with approximately 28 residents in attendance.

A circulation radius of 120 m of the subject property was used to notify owners of the first meeting. This radius was expanded to 240 m for the second meeting at the request of the Ward 2 Councillors. The notes from each meeting were forwarded to the meeting attendees and the Applicant and are found in Appendices K1 and K2. The attendees at the Ward Meetings expressed concerns regarding traffic safety and congestion, pedestrian safety, limited parking, existing servicing capacity, brownfield remediation, and building height and density of the proposed development. The comments from the public are discussed in more detail in Section 8.3 of this Report.

7.3 Grand River Notification Area Input Notice was issued as part of the Grand River Notification Agreement, with no response received to date. 7.4 Confederacy Notice was issued to representatives of the Confederacy, with no response received to date. 8.0 ANALYSIS 8.1 City of Brantford Official Plan Existing Land Use Designation: “Residential Area – Low Density” Proposed Land Use Designation: “Residential Area – Medium Density” The subject lands are designated “Residential Area – Low Density” on Schedule 1-1 of the City‟s Official Plan. Attached as Appendix L is an extract from Schedule 1-1, Land Use Plan of the City‟s Official Plan.

The main permitted uses within this designation include single-detached, semi-detached, duplex, and triplex residential dwellings. To facilitate the proposed townhouse development, the Applicant is proposing to re-designate the subject property to “Residential

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Report No. CD2018-002 January 9, 2018 Page 9 Area – Medium Density” (refer to Appendix M) which permits townhouse dwellings. The Official Plan (OP) outlines a variety of policies to guide overall development in the City of Brantford. When read in its entirety, the OP reinforces the Provincial policies and encourages intensification, brownfield redevelopment, and infilling of existing residential areas at an appropriate size and scale to provide a variety of housing forms and types to accommodate the anticipated population growth of the community. Guiding principles and objectives outlined in Sections 5 and 6 of the Official Plan provide context for the entire plan and include statements regarding the importance of infill development within Brantford and states that the City will ensure a wide range of housing types are available.

Section 6.2.3 of the OP outlines housing goals and specific objectives, which include: a) Promote the rehabilitation of housing stock. b) Provide for intensification in existing residential neighbourhoods which enhances the positive characteristics of those neighbourhoods. c) Ensure affordable housing is available to a population with diverse social, physical and economic needs.

d) Ensure the provision of a supply of housing opportunities that meet the needs and aspirations of the community. e) Ensure that new residential areas develop in a cohesive and efficient manner without adverse impact on the natural environment.” This development proposal is in conformity with Section 6.2.3 relating to housing goals as the proposal represents intensification within an existing established residential neighbourhood, and will ensure there is a mix of housing types and supply to meet the needs of Brantford‟s growing population. Section 6.2.13 provides the Growth Management Goal for the City as follows: “Provide for the efficient use of urban land resources through the planning of appropriate greenfield development, intensification and redevelopment opportunities and provision of adequate densities and mix of land uses that promote a compact urban form.” It is also the objective of the City to “encourage the remediation and redevelopment of brownfield sites to uses that revitalize neighbourhood” and “encourage the revitalization, redevelopment, reuse and/or conversion of greyfields, underutilized sites, or regeneration areas within which are included any combination of the following: brownfield sites, greyfield sites, underutilized sites, or sites within the City’s Urban Growth Centre”.

This development proposal is in conformity with Section 6.2.13 regarding growth management. The proposal will result in the remediation and redevelopment of a brownfield site that will enhance the neighbourhood. The proposed intensification “

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Report No. CD2018-002 January 9, 2018 Page 10 of the site will serve to accommodate changing housing needs and assist in achieving a compact urban form. As noted above, the Official Plan Amendment proposes to re-designate the subject property to “Residential Area – Medium Density.” The main permitted uses in the “Residential Area - Medium Density” designation include townhouse, rowhouse, fourplex, low-rise apartments, and other forms of low-rise multiple-unit dwellings (Policy 7.2.3.1). Section 7.2.3.2 of the Official Plan states that within the “Residential Area - Medium Density” designation: “maximum net residential density for residential development shall generally not exceed 60 units per net residential hectare, except in accordance with the provisions of Section 7.2.3.6 of this Official Plan”.

The proposed back-to-back and traditional townhouses conform to the permitted built form within the “Residential Area – Medium Density” designation. The total density proposed for the subject development is 60 units per net residential hectare. As such, the proposed unit count also conforms to this designation. Section 7.2.3.3 outlines that applications to amend the Official Plan to designate additional lands “Residential Area – Medium Density” will be reviewed on the basis on general conformity with the following criteria: .1 Location adjacent to a Minor Collector, Major Collector, Minor Arterial, Major Arterial Road, or a Local Road that meets current City standards; .2 Proximity to commercial facilities, such as Community and Neighbourhood Centre Commercial Areas; .3 Location where the development provides a physical transition between lower density and higher density residential uses or non-residential uses or major roads; .4 Access to public transit; .5 Site area is adequate to provide all necessary parking and other required facilities on-site; and .6 Proximity to natural amenities, parks and open spaces and other community facilities.” The property is located adjacent to Jarvis Street and Spring Street which are classified as local roads.

The City‟s preferred standard for local roads is a 20 m right-of-way width, however a lesser right-of-way width may be accepted by the City. Neither of these roads are identified as requiring a right-of-way widening in the Official Plan, however as part of this application, Planning and Engineering Staff are recommending that land along Jarvis Street be dedicated to the City as a condition of Site Plan Control approval for the purposes of establishing a public sidewalk, along with a daylight triangle at the corner of Spring Street and Jarvis Street. This will improve the existing conditions in the area by enhancing accessibility and ensuring these streets will more closely align with current City standards.

The subject property is in close proximity to commercial facilities in “

Report No. CD2018-002 January 9, 2018 Page 11 the nearby Urban Growth Centre, parks including the Spring Street – Buck Park, and other community facilities such as the Brantford Collegiate Institute and Vocational School. In addition, the proposed medium density development appropriately transitions to adjacent low density residential development and institutional uses. The site is also served by nearby public transit along Grand River Avenue and Brant Avenue and an appropriate supply of parking is proposed on site, along with private amenity space in the form of rooftop amenity spaces and rear yards.

Based on the foregoing, Staff is of the opinion that the proposed re-designation of the property to “Residential Area – Medium Density” is in general conformity with the criteria of Section 7.2.3.3.

Where development within a designated “Residential Area – Medium Density” designation is adjacent, or in immediate proximity to development within a “Residential Area - Low Density” designation, any potential adverse impacts between the developments shall be mitigated through building setbacks, visual screening, landscaping, fencing, and other forms of buffering, in accordance with the provisions of Section 10.6 of the OP (Section 7.2.3.5). The townhouse development is adjacent to low density residential uses along Spring Street at the southwest side of the property and along Lorne Crescent at the north side of the property.

Screening will be provided along the western and northern property lines through fencing and landscaping. In addition, at the western side of the back-to-back units, a raised parapet will act as a privacy wall for the rooftop amenity spaces to ensure the privacy of the existing low density uses is maintained. Appropriate landscaping, fencing, and screening will be implemented through the Site Plan Control process.

As it relates to urban design, intensification within the built up boundary will be subject to urban design criteria which address the following (Section 14.1 of the Official Plan): “1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. that the development is contextually appropriate to the surrounding uses and neighbourhood; development will support and promote the use of transit; contribute to the creation of a range of housing options for the community; contribute to an attractive, safe and comfortable pedestrian environment that encourages walking; provides universal physical access to all publicly accessible spaces and buildings; provides a gradual transition of scale and density from higher buildings to nearby lower scale neighbourhoods; maintains adequate views and privacy for residents of nearby neighbourhoods; minimizes shadows and uncomfortable wind conditions on neighbouring properties, streets and open spaces; masses new buildings to frame adjacent streets and open spaces in a way that respects and is proportional to the existing or planned street right - of - way; conserves heritage properties; is served by adequate parks, community services, water and sewers and transportation facilities, provides for potential streetscape improvements, and addresses compatibility relative to density and height, massing, scale,

Report No. CD2018-002 January 9, 2018 Page 12 12. and siting of buildings; and minimizes through traffic on local streets.” The proposed townhouse development is considered to be consistent and compatible with the built form, height, and scale of the existing dwellings located in the surrounding neighbourhood. The proposed design, articulation of the townhouse units with Spring Street, Jarvis Street, and the future proposed condominium road, and overall plan for the site, respects existing density, contributes to an additional form of housing, and maintains an aesthetically pleasing and pedestrian friendly development.

The existing industrial building on the subject property is listed on the Brantford Heritage Inventory, and as a result, a Heritage Impact Statement (HIS) was required as part of a complete application for Official Plan Amendment and Zoning By-law Amendment. The HIS, dated June 20, 2017, was prepared by Golder Associates Ltd. and concludes that the property is not of cultural heritage value or interest. The HIS also concludes that the proposed development will not adversely impact the heritage attributes of adjacent listed or protected properties and recommends that consideration be had to incorporating heritage design elements, such as building materials and colours, into the final design.

Planning Staff is also in agreement with this finding. The detailed design of the buildings including materials, colours, and articulation will be reviewed in detail at the Site Plan Control stage to ensure the design of the development is compatible with the heritage attributes of nearby properties.

In support of the subject townhouse development, an Urban Design Brief, 2017, completed by IBI Group was also submitted. The brief concludes that the proposed development conforms to the City‟s Strategic Plan, Official Plan, and Urban Design Guidelines for Intensification Proposals. The design of the proposed townhouse development is considerate of existing development in the neighbourhood and provides opportunity for the buffering of existing uses, while establishing a built form that will contribute to the desired increase in residential density. Planning Staff are in agreement with the analysis illustrated in the Urban Design Brief.

The Brief is consistent with the City‟s approved Urban Design Guidelines for Intensification Proposals. The proposed development meets the objectives of the Guidelines as it is designed to achieve a high quality of urban design in both the public and private realm and it also encourages a sustainable built form that is compatible with the neighbourhood character. Subject to completion of the planning approvals process and refinement of the development concept, detailed design will be implemented through the Site Plan Control process.

The proposed Official Plan Amendment would permit the re-designation of the subject lands to “Residential Area – Medium Density” to facilitate the redevelopment of an underutilized property and brownfield site. The proposal supports the efficient use of existing infrastructure and services and contributes to the development of a complete community within the City‟s Built Boundary. Based on the above analysis, Planning Staff are of the opinion that the proposed development conforms to the general intent of the Official Plan.

Report No. CD2018-002 January 9, 2018 Page 13 8.2 Zoning By-Law 160-90 Existing Zoning: “Residential Conversion – Exception 12 Zone (RC-12)” Proposed Zoning: “Holding – Residential Medium Density Type A – Exception XX Zone (H-R4A-XX)” Attached as Appendix N is a map identifying the zoning in the general area of the subject lands.

The subject property is zoned “Residential Conversion – Exception 12 Zone (RC-12)” in Zoning By-law 160-90. Permitted uses within this zone include residential dwellings such as single detached dwellings, semi detached dwellings, street townhouse dwellings with a maximum of three attached units, as well as retirement homes, group homes, and other residential uses. The special exception for the subject property permits a manufacturing use in addition to the other permitted uses of the RC Zone.

The Applicant is seeking to change the zoning of the subject lands to “Residential Medium Density Type A – Special Exception Zone XX (R4A – XX)” (refer to Appendix O1). The R4A Zone permits uses such as double duplex, fourplex, block and street townhouse dwellings without a limit on the number of attached units, as well as retirement homes, homes for the aged, and nursing homes. The proposed special exceptions are intended to recognize the site specific requirements of the proposed development. The requested site specific provisions are generally consistent with the current R4A Zone. The amending By- law will modify provisions within the R4A Zone to accommodate a specific compact built form that contributes to a mix of dwelling types within an established residential neighbourhood.

It is noted that similar types of zoning provisions have been applied for and approved on other properties within the City.

The proposed By-law will include site specific regulations for the seven street townhouse dwelling units fronting on to Spring Street that are not part of the future condominium, as well as site specific regulations for the 23 block townhouse dwelling units within the future condominium. For the units within the proposed condominium, site specific regulations will be provided for the entire area of the lot within the condominium and will apply prior to registration of the condominium and approval of relief from Part Lot Control to create the individual Parcels of Tied Land (POTLs). Site specific regulations will also be provided for the POTLs and will apply once the condominium is registered and Part Lot Control Relief is approved so that the POTLs are individually regulated.

This will avoid the need for any future applications seeking relief from the City‟s Zoning By-law. The proposed changes to the Zoning By-law will specify the following regulations, which are set out in more detail in Table 2:  The By-law will refer to four separate Parts on a Schedule (refer to Appendix O2). Part 1 pertains to the proposed seven back-to-back street townhouse units fronting Spring Street. Part 2 and Part 3 pertain to the proposed 17 back-to-back block townhouse units fronting the internal

Report No. CD2018-002 January 9, 2018 Page 14 private road. Part 4 pertains to the six traditional townhouse units fronting the internal private road.  Site specific provisions for Part 1, Part 2, Part 3, and Part 4 are proposed to regulate the development of the individual lots and POTLs for minimum lot area and width (Part 1), minimum POTL lot area and width (Parts 2, 3 and 4), maximum building height (Parts 1, 2, and 3), minimum front yard, side yard, and rear yard, maximum lot coverage, minimum landscaped open space, minimum private amenity space, and parking. Site specific provisions are also proposed for the area of the lot within the future condominium as a whole (i.e., Part 2, Part 3, Part 4 together) to regulate development prior to the registration of the condominium and the creation of POTLs.

All of these site specific regulations will ensure that the style and mix of housing forms as proposed by the Applicant are achieved for the subject property.

 A maximum number of townhouse units (23) for the area of the lot within the future condominium (i.e., Part 2, Part 3, and Part 4 together) will be established in the By-law to ensure that the density as proposed is not exceeded.  A Parcel of Tied Land (POTL) will be defined.  A condominium road will also be recognized as a street within the By-law for the purpose of applying the zoning regulations.  Private Amenity Space will be defined and provisions in the By-law are proposed to require private amenity space in the form of rear yards for the traditional townhouse units and rooftop amenity spaces for the back-to- back townhouse units.

This will ensure that in addition to the small landscaped areas throughout the subject lands, each unit will have an appropriate level of private amenity space for passive recreation as intended by the Zoning By-law.

 Basements will be prohibited as requested by Engineering Staff to avoid potential issues with flooding as a result of existing shallow services in the area. The Applicant has been made aware of this modification and is in agreement.  The site specific regulations for Part 1 (i.e., the seven units on Spring Street) apply to street townhouses only. This ensures these units will be freehold units, separate from the future condominium, to address the concerns from Engineering Staff regarding the number of servicing connections to the condominium, as discussed further in Section 8.3 of this Report.

The Applicant has been made aware of this modification and is in agreement.

Report No. CD2018-002 January 9, 2018 Page 15 Table 2 – Proposed Exceptions to Zoning By-law 160-90 Zoning Requirements Proposed Exception Requirements Applicable to Entire Development – Part 1, Part 2, and Part 3 Holding Provision The lands zoned H-R4A-XX may only be used in accordance with the permitted uses in the H- R4A-XX Zone upon the removal of the "Holding (H)" provision. Removal of the "H" may occur once the following provisions have been satisfied: 1. The applicant has provided a signed Site Plan Agreement to the City, along with all necessary securities; 2. A Record of Site Condition has been filed on the Environmental Registry; 3.

All servicing issues, financial and otherwise, have been addressed to the satisfaction of the City of Brantford. Definition of Private Amenity Space Private Amenity Space shall mean outdoor space which provides an active and/or passive recreation area for residents of a residential unit.

Basements Basements are not permitted. Lot Regulations for Back-to- Back Street Townhouses fronting Spring Street – Part 1 Uses 1. Street Townhouse Dwellings. Lot Area (minimum) 80.0 m 2 /unit Lot Width (minimum) 1. Interior Unit 6.0 m/unit 2. West End Unit 8.0 m/unit 3. East End Unit 8.5 m/unit Lot Coverage (maximum) 65% Building Height (maximum) A maximum building height of 4 storeys shall be permitted and the fourth storey shall have a maximum gross floor area of 9.5 m 2 for the purposes of storage. Front Yard (minimum) 1. Interior Unit 3.0 m 2. West End Unit 3.0 m 3. East End Unit 1.0 m Rear Yard (minimum) Nil Side Yard (minimum) 1.

West End Unit 1.8 m 2. East End Unit 0.4 m 3. Common walls In accordance with Section 6.20 Landscaped Open Space (minimum) Nil Private Amenity Space (minimum) A minimum of 25 m 2 /unit of private amenity space shall be provided as a rooftop amenity space.

Parking (minimum) Notwithstanding 6.18.3.5 and 6.18.3.10, a minimum of 2.0 parking spaces per unit are required, one of which shall be provided in an integral garage and one of which shall be provided in a private driveway. Front Yard Landscaped Open Space (minimum) Notwithstanding 6.18.3.9, a minimum of 40% of the front yard shall be maintained as landscaped open space.

Report No. CD2018-002 January 9, 2018 Page 16 Regulations for Back-to- Back and Traditional Block Townhouses – Part 2, Part 3, and Part 4 Uses 1. Block Townhouse Dwellings; and, 2. Accessory buildings and structures for Part 4 only.

Lot Lot shall mean those lands described as Part 2, Part 3, and Part 4 as shown on Schedule B. Definition of POTL Parcel of Tied Lands (POTL) shall mean that individual portion of the lot containing the dwelling unit and associated land, which is described as one parcel in the last registered instrument and which is tied to the Common Element Condominium also located within the lot.

Number of Townhouse Units (Maximum) 23 units Private Road Provision Notwithstanding Section 2.12.9, Definition for a Lot, the private condominium road shall be recognized as a street. Lot Area (minimum) 0.4 ha Lot Coverage (maximum) 60% Building Height (maximum) 1. For Part 2 and Part 3, a maximum building height of 4 storeys shall be permitted and the fourth storey shall have a maximum gross floor area of 9.5 m 2 for the purposes of storage. 2. For Part 4, a maximum building height of 3 storeys shall be permitted. Front Yard (Jarvis Street) (minimum) 0.7 m Rear Yard (minimum) 1. Part 2 1.8 m 2.

Part 3 14.2 m 3. Part 4 4.7 m Side Yard (minimum) 0.0 m on the south side and 4.5 m on the north side.

Private Amenity Space (minimum) For Part 2 and Part 3, a minimum of 25 m 2 /unit of private amenity space shall be provided as a rooftop amenity space. Parking (minimum) 1. Notwithstanding 6.18.3.5 and 6.18.3.10, a minimum of 2.0 parking spaces per unit are required, one of which shall be provided in an integral garage and one of which shall be provided in a private driveway. 2. A minimum of 8 visitor parking spaces shall be provided. POTL Regulations for Back-to- Back Block Townhouses – Part 2 POTL Lot Area (minimum) 80.0 m 2 /unit POTL Lot Width (minimum) 1. West End Unit 8.5 m/unit 2. Interior Unit 6.0 m/unit 3.

East End Unit 9.0 m/unit POTL Lot Coverage (maximum) 65% Building Height (maximum) A maximum building height of 4 storeys shall be permitted and the fourth storey shall have a maximum gross floor area of 9.5 m 2 for the

Report No. CD2018-002 January 9, 2018 Page 17 purposes of storage. POTL Front Yard (minimum) 1. West End Unit 3.0 m 2. Interior Unit 3.0 m 3. East End Unit 2.0 m POTL Rear Yard (minimum) Nil POTL Side Yard (minimum) 1. West End Unit 1.8 m 2. East End Unit 1.0 m 3. Common walls In accordance with Section 6.20 POTL Landscaped Open Space (minimum) Nil POTL Private Amenity Space (minimum) A minimum of 25 m 2 /unit of private amenity space shall be provided as a rooftop amenity space. Parking (minimum) Notwithstanding 6.18.3.5 and 6.18.3.10, a minimum of 2.0 parking spaces per unit are required, one of which shall be provided in an integral garage and one of which shall be provided in a private driveway.

Front Yard Landscaped Open Space (minimum) Notwithstanding 6.18.3.9, a minimum of 40% of the front yard shall be maintained as landscaped open space.

POTL Regulations for Back-to- Back Block Townhouses – Part 3 POTL Lot Area (minimum) 80.0 m 2 /unit POTL Lot Width (minimum) 1. West End Unit 6.0 m/unit 2. Interior Unit 6.0 m/unit 3. East End Unit 8.5 m/unit POTL Lot Coverage (maximum) 65% Building Height (maximum) A maximum building height of 4 storeys shall be permitted and the fourth storey shall have a maximum gross floor area of 9.5 m 2 for the purposes of storage. POTL Front Yard (minimum) 1. West End Unit 3.0 m 2. Interior Unit 3.0 m 3. East End Unit 2.0 m POTL Rear Yard (minimum) Nil POTL Side Yard (minimum) 1. West End Unit 0.5 m 2.

East End Unit 0.7 m 3. Common walls In accordance with Section 6.20 POTL Landscaped Open Space (minimum) Nil POTL Private Amenity Space (minimum) A minimum of 25 m 2 /unit of private amenity space shall be provided as a rooftop amenity space.

Parking (minimum) Notwithstanding 6.18.3.5 and 6.18.3.10, a minimum of 2.0 parking spaces per unit are required, one of which shall be provided in an integral garage and one of which shall be

Report No. CD2018-002 January 9, 2018 Page 18 A The proposed exceptions to the R4A Zone for Parts 1 to 4 as shown in Appendix O2 are reviewed in more detail below: 1. Reduced Lot Area Zoning By-law 160-90 requires a minimum lot area of 185.0 m² for townhouse lots in the “R4A” Zone. The Applicant has requested a minimum lot area of 80.0 m² for the back-to-back townhouse dwellings, and 125.0 m² to 200.0 m² for the traditional townhouse dwellings.

The City‟s Zoning By-law does not currently have any development standards for back-to-back townhouse dwellings. However, two developments containing back- to-back townhouses were approved in 2017 at 501 Shellard Lane (PZ-07-16 and 29T-16502) and at the corner of Blackburn Drive and Diana Avenue (PZ-03-17 and 29CD-17501). The requested lot area of 80.0 m² for the back-to-back townhouses in the current application is the same as that permitted for the other developments. This reduced lot area will facilitate the development of a new compact built form in Brantford and the style and layout of the back-to-back units can cater to a wide market as they are two bedroom units.

The design of the proposed back-to-back townhouses, as shown in Appendix F, is considerate of existing uses in the neighbourhood and will accommodate buffering of adjacent residential uses. The detailed design will be reviewed at the Site Plan Control stage to ensure compatibility with the neighbourhood is maintained. provided in a private driveway.

Front Yard Landscaped Open Space (minimum) Notwithstanding 6.18.3.9, a minimum of 40% of the front yard shall be maintained as landscaped open space. POTL Regulations for Traditional Block Townhouses – Part 4 POTL Lot Area (minimum) 1. Interior Unit 125.0 m 2 /unit 2. North End Unit 200.0 m 2 /unit 3. South End Unit 130.0 m 2 /unit POTL Lot Width (minimum) 1. Interior Unit 6.0 m/unit 2. North End Unit 10.5 m/unit 3. South End Unit 6.5 m/unit POTL Lot Coverage (maximum) 50% POTL Front Yard (minimum) 4.5 m POTL Rear Yard (minimum) 1. Interior Unit 5.2 m 2. North End Unit 7.5 m 3. South End Unit 4.7 m POTL Side Yard (minimum) 1.

North End Unit 4.5 m 2. South End Unit 0.5 m 3. Common walls In accordance with Section 6.20 Parking (minimum) Notwithstanding 6.18.3.5 and 6.18.3.10, a minimum of 2.0 parking spaces per unit are required, one of which shall be provided in an integral garage and one of which shall be provided in a private driveway. Front Yard Landscaped Open Space (minimum) Notwithstanding 6.18.3.9, a minimum of 40% of the front yard shall be maintained as landscaped open space.

Report No. CD2018-002 January 9, 2018 Page 19 For the traditional townhouse units, the reduction in lot area is considered minor and will facilitate the development of Part 4 of the subject lands which is irregularly shaped. An increased lot area of 200.0 m2 for the north end unit is proposed to ensure there is sufficient area for buffering between the development and existing single detached dwellings on Lorne Crescent. In addition, the By-law also proposes requirements to ensure that an appropriate level of amenity space (i.e., rear yards for traditional townhouses and rooftop amenity space for back-to-back townhouses) and parking will be provided for each unit within the development.

Therefore, Planning Staff is satisfied that the intent of the Zoning By-law with regards to minimum lot area is maintained and Staff is supportive of the lot area reduction for both styles of townhouses. 2. Lot Width The Zoning By-law requires a minimum lot width of 6.0 m per unit and all of the units comply with this requirement. Staff have included greater minimum lot width requirements for some of the end units (ranging from 6.5 m to 10.5 m). For the end units adjacent to low density residential units, the proposed increase in lot widths will allow for larger setbacks so that there is sufficient space to accommodate buffering, such as fencing and landscaping, thereby protecting the privacy of these existing uses.

For the end units abutting the Jarvis Street and the private road, the proposed increase in lot widths will accommodate landscaped side yards. The Applicant is aware of this modification and is in agreement.

3. Increased Lot Coverage A maximum lot coverage of 40% for block townhouses and 48% for street townhouses on individual lots is permitted in the R4A Zone. The Applicant has requested a maximum lot coverage of 65% for the back-to-back townhouses, 50% for the traditional townhouses, and 60% for Parts 2, 3, and 4 together. The proposed lot coverage is reflective of the building envelope created by the other yard setbacks and will facilitate the development of a new type of compact built form (back-to-back townhouses) in the City of Brantford. In addition, the proposed By-law includes requirements for amenity space and parking for each unit and it is the opinion of Staff that the intent of the By-law is maintained with the proposed increase in lot coverage.

4. Increased Building Height The Applicant has requested a maximum building height of four storeys for the back-to-back townhouse dwellings, whereas a maximum height of three storeys is permitted in the R4A Zone. Staff supports this request in part. The increase in height is intended for a partial fourth storey to accommodate access to a rooftop amenity space and a small storage room for each unit. The increase in height will make the provision of rooftop amenity spaces feasible so that an appropriate level of amenity space is provided for residents. In addition, the partial fourth storey will provide a storage room for each unit.

Given that the units do not have basements and garages are intended for parking, this storage room is considered beneficial to the overall functionality of the development. Planning

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