By Pepper Parr
October 2nd, 2017
BURLINGTON, ON
The process a development proposal has to go through is complex – there are dozens of hoop a developer has to go through and each step is expensive.
The developer is at significant risk – they are putting their money on the line and every penny is lost if they don’t get the approvals they need.
The large 20 storey plus projects draw a lot of attention. The smaller developments raise the ire of the neighbourhood they are to be built in but they don’t get the exposure the big ones get.
The city is compelled to grow its population. The province dictates the growth level and the Regional government does the fine tuning that decides how many more people are to be housed in a community or how many new jobs are to be created.
Burlington has focused on the residential development – the Economic Development Corporation does entice some new jobs to the city – but we aren’t celebrating that many new jobs.
There is a development in ward 5 that is drawing a lot of attention in that part of the city.
The level of intensification is evident in the drawing.
The developer is seeking permission to construct 22 residential dwelling units consisting of 8 semi-detached residential dwelling units and 14 townhouse units on Upper Middle Road where five properties have been assembled. These lands are hold outs from the previous subdivision development that surrounds these properties. These lands are located on the north side of Upper Middle Road, east of Appleby Line. The total area of the development is approximately 0.5 hectares (1.23 acres).
To the north of the subject properties are low density (single detached) residential dwellings; to the east are low density (single detached) residential dwellings; to the south is a high school and vacant employment lands (Bronte Meadows); and to the west is a stormwater management pond and a townhouse development. Description of Applications
There was a community meeting in May of this year –comments from that meeting appear below.
The meeting taking place at city hall tonight is a Statutory Public meeting – something the city is required to hold. It gives the public an opportunity to express their views on the suitability of the project.
The report will be received and filed and then be brought before the Planning and Development Committee on October 10th where the real debate takes place. Then it goes to city council where a final decision is made.
The purpose of the report that will be presented Monday night is to provide background information for the statutory public meeting required under the Planning Act for Zoning By-law amendment applications.
The report provides an overview of the proposed application, an outline of the applicable policies and regulations and a summary of technical and public comments received to date.
The report sets out the start of the “ticking off” of the boxes.
The report relates to the following objectives of the City of Burlington Strategic Plan:
A City that Grows
Targeted Intensification
Higher densities in key intensification areas (including mobility hubs, downtown, uptown and along major roads and commercial plazas) that will build neighbourhoods that are environmentally friendly, infrastructure-efficient, walkable, bikeable and transit-oriented.
Focused and Directed Population Growth
A City that Moves
Increased Transportation Flows and Connectivity
A Healthy and Greener City
Healthy Lifestyles; every resident of Burlington lives within a 15-20 minute walk from parks or green spaces.
All these are set out in the Strategic Plan the city spent more than a year creating and putting in place. That Plan is a hoop that has to be gotten around if not over.
The application got to the Planning and Building Department on May 4, 2017 to permit 22 residential dwelling units consisting of 8 semi-detached residential dwelling units and 14 townhouse units. The townhouse block includes three separate buildings ranging from four to six units.
The semi-detached dwellings are proposed to be freehold units fronting directly onto an extension of Georgina Court. The townhouse units are proposed to be condominium units that would front onto an internal condominium road that would be accessed from the Georgina Court extension. The townhouse condominium is proposed to include five visitor parking spaces. The townhouse blocks will have access from the proposed internal lane; however, the southern blocks would have frontage and pedestrian access directly to Upper Middle Road.
Technical Reports
Another set of hoops that had to be gotten through included a Cover Letter, Zoning By-law Amendment Application, a Conceptual Site Plan Layout, a Planning Justification Report, an Urban Design Brief, a Building Height Certification, a Noise Impact Assessment, a Traffic Brief & Parking Study, a Functional Servicing & Stormwater Management Report, an Environmental Site Screening Questionnaire; a Land Use Compatibility Assessment, a Phase 1 Environmental Site Assessment, and a Tree Inventory and Preservation Study.
The application along with these materials have been circulated to various departments and agencies for technical review.
The next set of boxes that are going to have to be ticked off are various policy framework documents. The proposed Zoning By-law amendment application is subject to the following policy framework:
The Provincial Policy Statement (PPS), 2014;
Places to Grow, Growth Plan for the Greater Golden Horseshoe, 2017;
Halton Region Official Plan;
City of Burlington Official Plan, Orchard Community Secondary Plan
City of Burlington Zoning By- law 2020.
Provincial policy determines what a municipality can and must do.
The subject lands are designated in the zoning bylaw as Residential – Medium Density.
According to the Residential Areas policies, residential areas are intended to provide housing and other land uses that are part of a residential environment, and may take forms ranging from detached homes to high-rise apartment structures.
One of the objectives of the Residential designation is to encourage new residential development and residential intensification within the Urban Planning Area in accordance with Provincial growth management objectives, while recognizing that the amount and form of intensification must be balanced with other planning considerations, such as infrastructure capacity, compatibility, integration with existing residential neighbourhoods, and protection of the natural environment.
This is what most of the Orchard community is today.
Another objective of this designation is to provide housing opportunities that encourage usage of public transit, pedestrian and bicycle transportation networks and decrease dependence on the car. The designation also encourages the integration of a wide range of housing types and tenure, while requiring new residential development to be compatible with surrounding properties.
OLYMPUS DIGITAL CAMERA
Medium Density designation, either ground or non- ground-oriented housing units with a density ranging between 26 and 50 units per new hectare shall be permitted. Within the Orchard Community, there are site specific policies which permit the following housing forms within the Residential – Medium Density designations: townhouses; street townhouses and stacked townhouses; semi- detached, duplexes, three-plexes and four-plexes. This designation also permits detached dwelling units up to a maximum of 15 percent of the total housing mix on each property.
Draft New Official Plan
The city has been working on a new Official Plan that was presented as a Draft document on April 6, 2017. The document communicates Council’s vision and establishes strategic priorities for the City’s growth management, land use and infrastructure.
The draft new Official Plan designates the subject lands as Residential Neighbourhood Areas, and more specifically Residential – Medium Density. The Residential Neighbourhood Areas are intended to provide for housing and other residential supportive land uses that are part of an urban residential environment. New residential housing within the Residential Neighbourhood Areas shall be accommodated primarily through infill or intensification, of existing areas, where compatible.
On lands designated Residential – Medium Density, ground and non-ground oriented dwellings including single-detached and semi-detached dwellings, townhouses, street townhouses, stacked townhouses, back-to-back townhouses and low-rise residential buildings may be permitted. Lands within this designation shall be permitted at a density of 26 to 75 units per net hectare,( it was 26 and 50 in the current Official Plan) with a maximum height of three storeys for ground- oriented dwellings and four storeys for non-ground oriented dwellings.
Draft new Official Plan policies were brought to the public and Council for consultation over the spring and summer of 2017. The draft new Official Plan is scheduled to be presented to the Planning and Development Committee and Council in the fall of 2017 for adoption.
Orchard Community Secondary Plan
The Orchard Community Secondary Plan final report, dated February 1995, identified three key elements of the community structure as the transit corridors, residential neighbourhoods and a connected open space system. At the time, the Orchard Community was expected to develop at generally higher densities than those found throughout the existing suburban areas of Burlington.
The subject lands are located in the southern portion of the Orchard Community and were identified as Residential – Medium Density. In Medium Density Residential areas, either ground or non-ground oriented housing units with a density between 26 and 50 units per hectare shall be permitted. This designation permits housing forms such as street, block and stacked townhouses, semi-detached, duplexes, three-plexes and four- plexes. The designation also permits detached dwelling units up to a maximum of 15 percent of the total housing mix on each property.
City of Burlington Zoning By-law 2020
5219 Upper Middle Road is currently zoned ‘Development (D)’, while the remaining properties subject to this application are zoned ‘Medium Density Residential (RM3-138)’ with a site specific provision. The ‘D’ zone only permits a single detached dwelling. The ‘RM3’ zone permits a variety of dwelling types from a detached dwelling to an apartment building, as well as a retirement home or community institutional use. The site specific provision applying to the vacant parcels (138) sets out zoning regulations for detached dwellings, semi- detached dwellings and street townhouse dwellings, and limits a maximum of 15% of the total of all dwelling units located within all lots and blocks zoned ‘RM3-138’ to be detached units.
The applicants are proposing to amend the Zoning By-law by changing the zoning of the subject properties from ‘D’ and ‘RM3-138’ to a site specific ‘Orchard Community Residential to permit the proposed semi-detached and townhouse development.
Technical Review
On May 5, 2017, staff circulated a request for comments to internal and external agencies, including Halton Region. Agency comments will be addressed in the subsequent recommendation report.
Burlington Economic Development Corporation (BEDC):
BEDC has no comments.
Halton District School Board (HDSB):
HDSB has no objection to the proposed application, as submitted.
Halton Catholic District School Board (HCDSB):
In response to the application which seeks to permit the development of 8 semi- detached and 14 residential townhouse units, the HCDSB has no objection.
Parks and Open Space:
Adequate parkland is available to accommodate this development as Brada Woods Park and Orchard Woodlot are located within the 0.8km distance for a neighborhood park and the 2.4km distance for a community park. As such we recommend cash-in-lieu of parkland dedication be applied for this development.
We note a driveway in the east side of the proposed development. This driveway is immediately adjacent to the existing service road/walkway access around the storm water pond facility. The city will not permit snow to be deposited on the storm pond lands and or trail. We would recommend a buffer between the development and the city storm water facility be incorporated to ensure there is space for snow disposition. We will also require a chain link fence be placed on the city side of the property line. Please note gate opening through the fence will not be allowed.
Site Engineering:
Prior to providing a recommendation, Site Engineering requires further information to be submitted for review.
Finance Department:
Property taxes must be paid in full, including all installments levied.
Transportation Planning:
Transportation Planning has reviewed the Transportation Brief for 5219 Upper Middle Road & 2004-2005 Georgina Crt and is satisfied with the Conclusions.
In response to feedback received at the neighbourhood meeting (May 23rd 2017) regarding the potential for a traffic signal at the intersection of Quinte Street and Upper Middle Road, Transportation Services staff conducted a traffic signal review for this location. Based on the traffic data available for this intersection (taking into account the estimated number of trips proposed to be generated by this development in the AM and PM peak hours), it was determined that a traffic signal is not warranted.
City Forestry / Landscaping:
Urban Forestry has no objection to the rezoning of this site. Additional tree planting should be provided where possible, and tree and landscape planting on site should be carefully considered within the context of the site.
Halton Region:
Regional staff has no objection to the above noted application, subject to the provision of a holding provision, until such time that as servicing and environmental matters have been addressed to the Region’s satisfaction.
All the boxes up to this point have the tick in the box.
That’s how intensification development gets done.
The developer took this …
It was done in the Queensway where six properties were turned into 58 housing units.
… and put up this.
The Burlington that once was – isn’t going to be for much longer.
Not really very much that can be done to prevent it.