Planning Justification Report. 105 Avondale Court & 143 Blue Water Place. First Urban Inc. May 2016 File 7643 City of Burlington

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1 Planning Justification Report 105 Avondale Court & 143 Blue Water Place First Urban Inc. May 2016 File 7643 City of Burlington

2 Table of Contents 1 Introduction Purpose of Report Site Description and context Description of Lands Neighbourhood Context Surrounding Land Uses Description of Development Proposal Description of Planning Applications Supporting Materials Conceptual Architectural Plans Concept Landscape Plan Traffic Impact Study Tree Inventory and Preservation Plan Urban Design Brief Coastal and Shoreline Assessments Functional Servicing and Stormwater Management Report Noise Feasibility Study Stage One Archaeological Report Additional Materials Planning Policy Framework Provincial Policy Statement (2014) Places to Grow Growth Plan for the Greater Golden Horseshoe (2013 Consolidation) Region of Halton Official Plan (January 2016) Halton Region Healthy Community Guidelines City of Burlington Official Plan (Office Consolidation 2015) Sustainability and the Environment Watershed Management Transportation Design Waterfront

3 7.5.6 Residential Areas Housing Intensification City of Burlington Official Plan Review City of Burlington Zoning By-law Application submission summary Draft Zoning Bylaw Amendment Planning Analysis and Justification Waterfront Trail Compatibility Building Heights Intensification and Infill Development Natural Heritage Servicing Infrastructure Conclusions

4 List of Figures Figure 1: Aerial photo of the subject lands...5 Figure 2: The single detached dwelling located at 143 Blue Water Place....6 Figure 3: Dwelling located at 105 Avondale Court. The property gradually slopes towards the south..6 Figure 4: The property maintains a steep slope on its eastern side....7 Figure 5: Stormwater outlet discharge into Lake Ontario...7 Figure 6: Stormwater outlet which runs along the eastern side of the property south of private driveway....7 Figure 7: Small beach area located at the southeast corner of the property....8 Figure 8: Dwelling located at 4337 Lakeshore Road....9 Figure 9: Dwelling located at 167 Avondale Court....9 Figure 10: View of the waterfront from the southeast Figure 11: Dwelling located at 136 Avondale Court Figure 12: Dwelling located at 137 Avondale Court Figure 13: New dwelling being constructed at 123 Avondale Court Figure 14: Secord Lane viewed from the northwest Figure 15: Original development concept prepared by Thomas Payne Architect Figure 16: Concept Site Plan prepared by Weston Consulting (May 2, 2016) Figure 17: Region of Halton Official Plan Map Figure 18: Schedule J Classification of Transportation Facilities Figure 19: Schedule 2 - Long Term Bikeway Network Figure 20: Schedule 1- Long Term Transit Service Network Figure 21: Schedule A- Settlement Pattern Figure 22: Schedule B-Comprehensive Land Use Urban Area Figure 23: Zoning By-law 2020 Mapping Figure 24: St. Paul and Market Street Windows List of Tables Table 1: Population and Employment Distribution (Halton Region Official Plan) Table 2: Intensification and Density Targets (Halton Region Official Plan) Table 3: Zoning Provisions of the R1.2 Zone List of Appendices Appendix 1: Draft Zoning By-law Amendment 3

5 1 INTRODUCTION Weston Consulting has been retained by First Urban Inc. to provide planning advice and assistance for the redevelopment of their lands located at 105 Avondale Court and 143 Blue Water Place in the City of Burlington (herein referred to as the subject lands ). First Urban Inc. is proposing to redevelop the subject lands with 39 townhome and semi-detached units served by a common element pedestrian promenade. An application for a Zoning By-law Amendment has been submitted to the City of Burlington to facilitate their proposal. This application is supported by drawings and reports provided in accordance with the Development Application Pre- Consultation Form. It is recognized that Site Plan and Draft Plan of Condominium applications will be required to fully implement this proposal and will be submitted separately at a future date. 2 PURPOSE OF REPORT The purpose of this report is to outline and evaluate the nature of the proposed development in the context of applicable planning policies including the Provincial Policy Statement ( PPS ), the Growth Plan for the Greater Golden Horseshoe ( GGH ), the Halton Region Official Plan ( HROP ), and the City of Burlington Official Plan ( BOP ), along with other relevant policies and regulations. Further, this report provides a planning rationale for the proposed development in accordance with urban design principles and proper planning for the City s waterfront. 3 SITE DESCRIPTION AND CONTEXT 3.1 Description of Lands Legal Description The subject lands are comprised of two adjacent lots municipally described as 143 Blue Water Place and 105 Avondale Court (Figure 1). The southern 0.91 ha (2.25 acres) lot, 105 Avondale Court, takes its frontage from Avondale via a private driveway. It also has approximately 105 m of water frontage along Lake Ontario. Similarly, the northern 0.70 ha. lot (1.74 acres) has approximately 15 m of frontage on Lakeshore via Blue Water Place; private road. Combined, the total site area of the subject lands is 1.62 hectares (4.01 acres). Currently, each lot is occupied by one single detached dwelling. Property Characteristics The subject lands are located along the Lake Ontario/Burlington Bay Shoreline (Figure 1). Both Blue Water Place and Avondale Court can be accessed by Lakeshore Road which is a minor arterial road 4

6 The proposed townhome development will result in the demolition of two dwellings. Throughout the lands there are also a number of trees which will require removal to allow for redevelopment. Figure 1: Aerial photo of the subject lands. 143 Blue Water Place 143 Blue Water Place is heavily vegetated along the east, south and western limits with larger, mature trees distributed sparsely throughout the lands. The dense tree line along the eastern property boundary helps to reduce visibility to adjacent properties. Blue Water Place extends approximately 150 m south from Lakeshore Road into the site. As noted earlier, Blue Water Place is a private road, however six residential properties take their access from this road via unregulated easements. The property maintains a fairly regular, square shape (with the exception of Blue Water Place) and is relatively flat with gradual grade increase towards Lake Ontario. An older, one storey dwelling with an attached garage and enclosed porch is situated on the property (Figure 2). 5

7 Figure 2: The single detached dwelling located at 143 Blue Water Place. The site has waterfront access via a 3.1 m easement which runs between 105 Avondale and neighbouring 136 Secord Lane. This strip provides access via a private easement, of which 136 Secord Lane owns the western half. 105 Avondale Court The dwelling on this site is situatied in the centre of the property at its highest point to take advantage of the views and vistas offered by the generous lake frontage (Figure 3). Mature trees are situated throughout this property with the highest concentration of trees located on the eastern portion. The grade falls southward towards the Lake (Figure 3) and incluides a large manicured lawn. Figure 3: Dwelling located at 105 Avondale Court. The property gradually slopes towards the south. 6

8 The property s grade also falls eastward where it plataues (Figure 4) before for falling again (Figure 5). Figure 4: The property maintains a steep slope on its eastern side. Located along the eastern limit of the property is an unregulated water course. Its primary function as a stormwater outlet is to collect storm water runoff from upstream properties which then discharges into Lake Ontario (Figure 5 and Figure 6). Figure 6: Stormwater outlet which runs along the eastern side of the property south of private driveway. Figure 5: Stormwater outlet discharge into Lake Ontario 7

9 Further, at the southeastern corner of the site is a small shingle/cobble beach backed with a timber wall (Figure 7). It is only from this area that the water can be directly accessed. 3.2 Neighbourhood Context Figure 7: Small beach area located at the southeast corner of the property. The subject lands are located south of Lakeshore Road, between Appleby Line to the east and Walker s Line to the west, along the Lake Ontario/Burlington Bay Shoreline. The site, located within the Shoreaces neighbourhood, is one of the City s oldest residential neighbourhoods, which was originally developed with cottage-style homes during the early to mid-twentieth century. However, this area has undergone significant redevelopment where the majority of the one storey dwellings have been redeveloped with two storey, 2-3 garage multi-million dollar homes. This resulting redevelopment has created a highly heterogeneous community with no distinctive design character. The area surrounding the subject lands consists of residential land uses and is characterized by low rise, ground oriented housing forms. These properties south of Lakeshore Road are comprised of varied lot sizes, building setbacks and building orientations. West of the subject lands is City-owned Paletta Lakefront Park, developed in The 14 acre park contains the Paletta Mansion often used as a banquet hall and event facility. The Park provides residents with walking trails and waterfront access. In addition to Paletta Park, Sioux Lookout Park, Port Nelson Park and Spencer Smith Park are also situated to the west, while Bromley Park and Burloak Waterfront Park are located to the east. Spencer Smith Park is the City s most scenic park and has a waterfront trail along the shoreline in the City s downtown. 8

10 3.3 Surrounding Land Uses Land uses and built form characteristics in the vicinity of the lands include: North: Land north of Lakeshore Road consist of single detached dwellings. Lot sizes are generally regular in shape but vary in depth. Despite this variation, each property maintains fairly large yards and many mature trees. The architectural style and materials for these homes possesses no general pattern, with each dwelling being unique (Figure 8 and Figure 9). It is also evident that some of the larger homes introduced through redevelopment. Figure 8: Dwelling located at 4337 Lakeshore Road. Figure 9: Dwelling located at 167 Avondale Court. 9

11 South: Directly south of the subject lands is Lake Ontario. The interface between the Lake and 105 Avondale is a dramatic drop towards the water to a concrete shorewall with armour stone toe for protection (Figure 10). Figure 10: View of the waterfront from the southeast. East: To the east are single detached dwellings with the architectural styling and size varying significantly (Figure 11 and Figure 12). The lots immediately east of the subject lands have road access via Avondale Court. Figure 11: Dwelling located at 136 Avondale Court. Figure 12: Dwelling located at 137 Avondale Court. 123 Avondale Court, located at the base of the cul-de-sac, is currently under construction and will likely be one of the largest homes built in the area (Figure 13). This recent development reinforces heterogeneity of the community and illustrates the lack of urban design consistency. 10

12 Figure 13: New dwelling being constructed at 123 Avondale Court. West: Lands to the west, specifically those located on Secord Lane are also comprised of single detached dwellings (Figure 14). There are three lots directly adjacent to the subject lands to the west which front on to Lake Ontario. Much like the homes on Avondale Court, these homes are a mix of older bungalows and newer redevelopments and lack an architectural identity. Further west is Paletta Lakefront Park, which provides residents with walking trails and waterfront access. Figure 14: Secord Lane viewed from the northwest. 11

13 4 DESCRIPTION OF DEVELOPMENT PROPOSAL The original concept for the development proposal was created by Thomas Payne, of Thomas Payne Architect. Thomas Payne s initial vision for this Enclave-on-the-Lake emerged from visiting the site and envisioning how these lands could be transformed in a manner which would enhance the natural heritage features of the site. Figure 15 shows the original concept which informed the development of the Concept Site Plan shown in Figure 16. Thomas Payne s vision was one of a proposed complex of garden townhomes on the lake in a pedestriancentric enclave, designed to respect the existing landscape and provide spaces on the lands to allow the natural heritage components of the site to be experienced. It should be noted that not all of the elements presented in the original concept drawing were incorporated into the submitted Concept Site Plan. Detailed design of the units and the various amenity components will be provided at the site plan application stage. Figure 15: Original development concept prepared by Thomas Payne Architect. The current concept for the subject lands includes 39 townhome units on a common element pedestrian promenade and a gross density of 24 units per hectare. The unit configuration provides for eight blocks designed to take advantage of existing views while protecting natural heritage features. The number of units in each block varies from two to eight with unit depths of approximately six to seven metres. Each unit is to be two storeys in height with rooftop decks. A 5 metre road widening along Blue Water Place has been requested by City staff to accommodate the ultimate Lakeshore Road right of way; this is provided on the concept site plan and is to be confirmed with Transportation staff. This road widening will result in a density of 24.1 units per hectare on the site. The total frontage of the lands along the waterfront is approximately 105 m. 12

14 Figure 16: Concept Site Plan prepared by Weston Consulting (May 2, 2016). The development concept accounts for the required shore protection as the building footprints are positioned outside of the Engineered Development Setbacks (EDS) taken from Baird & Associates coastal report. This limit, setback approximately 37m, was determined under the assumption of a like new shoreline toewall. Vehicular access to the development will be provided via Blue Water Place. With the exception of units 4 to 10 which are focused on an interior parkette square, and units 29 and 30, all blocks front the pedestrian promenade. The development was designed to a pedestrian first environment with all vehicles directed to the underground garage. The underground parking garage will be accessed by a ramp located at the north end of the private roadway. This parking garage accommodates 78 resident parking spaces, two private spaces per unit, and 24 visitor parking spaces. From the underground parking level, each unit will be accessed by its own private elevator. No vehicles, with the exception of emergency services, will be permitted within the promenade. At grade, each unit will have ground level entries. Additionally, this development 13

15 has been designed to incorporate a paved, pedestrian access path to Avondale Court (see enclosed Concept Landscape Plan). The pedestrian promenade will anchor the development with all vehicular movement hidden underground, reinforcing the walkable design and nature of this proposed development. A key aspect of the design concept was to create a pedestrian scaled environment on the ground level which provides direct exposure to the natural heritage components. The proposal provides ample shared amenity spaces which respect the site s mature natural heritage landscape and allow the waterfront to be experienced from various points on site. A pocket square situated west of units 8 and 9, provides an intimately-scaled greenspace area to be shared by residents and visitors. The open space south of the units provides the largest, shared amenity space on the site, and the most direct view of the waterfront. Although the subject lands are heavily treed, this vegetation is located predominately along the perimeter of the property. This provides a buffer from adjacent lands, emphasizing the development s private, enclave feeling. This vegetative frame around the property also helps to orient the development southward towards the waterfront, further emphasizing this development s unobstructed lakeside view. 5 DESCRIPTION OF PLANNING APPLICATIONS The submitted Zoning By-Law Amendment application is to permit the proposed housing form with site specific development standards. Site Plan and Draft Plan of Condominium applications, submitted at a later date, will be required to fully implement this proposal. The subject lands are currently zoned R1.2 Residential Zone (Low Density) in By-law Residential uses permitted in the R1.2 zone are limited to detached dwellings and other accessory dwelling units. A Zoning By-law Amendment is being requested to provide site specific rezoning for the subject lands to an RM2 (Residential Zone Medium Density) exception zone. 6 SUPPORTING MATERIALS A Pre-Application Consultation (PAC) meeting was held on March 9, 2016 to determine the required supporting materials required for the proposed development. In accordance with the Development Application Pre-Consultation Form, the following is a summary of the request documents: 6.1 Conceptual Architectural Plans Thomas Payne Architect Inc. was retained to prepare Concept Floor Plans, Elevations and Cross-Sections, as well as an urban design commentary to be incorporated into Weston Consulting s Urban Design Brief. This commentary maintains its own section in the Urban Design Brief titled Expression of Compatibility. The architectural plans highlight key features associated with the proposed townhomes including the private parking areas and elevator halls for each unit, the rooftop terraces, and the rear yard gardens. Further, the floor plans provide a 14

16 potential layout scheme for these two storey townhomes. Drawings illustrating the interaction of the paved, pedestrian pathway, referred to as Shady Lane, within the context of the development are also provided. 6.2 Concept Landscape Plan A landscape plan prepared by Wilk Associates Landscape Architecture proposes compensation plantings of proposed deciduous and coniferous trees and shrubs at the perimeter and interior of the proposed development. This plan builds on the concepts by Thomas Payne Architects and Weston Consulting by introducing proper landscape design elements. Some of these landscape elements include the patios and paved walkways associated with each unit, and the pedestrian pathway extending from Avondale Court. 6.3 Traffic Impact Study Although not requested by staff, First Urban Inc. retained Cole Engineering to evaluate the potential impact on the immediate road network. This report concluded that the Avondale Court, Lakeshore Road and Blue Water Place will operate at acceptable levels given the addition of 22 new trips at peak hours. 6.4 Tree Inventory and Preservation Plan In December of 2015, a Tree Inventory was completed by Natural Resource Solutions providing a comprehensive health assessment for the 369 inventoried trees on the subject lands. In total, 323 individual non-hedge trees were inventoried, along with one hedge tree comprised of 46 White Cedar trees. Following this, a Tree Preservation Plan was prepared in May of 2016, providing a removal and retention analysis for the on-site trees along with a rationale for the 198 requested tree removals. 6.5 Urban Design Brief Weston Consulting has prepared an Urban Design Brief to assess the compatibility of the proposed townhome development with the surrounding neighbourhood. The Urban Design Brief addresses compatibility in light of the City s Official Plan policies for development in Residential- Low Density Areas. Further, a rationale is provided which justifies how the proposed development is consistent with the City s definition of the term compatible in its Official Plan Policies. This analysis illustrates how the proposal will not pose any adverse impacts on the surrounding context, or deviate from the area s existing, or lack of, architectural expression. The Urban Design Brief concludes that this development will co-exist harmoniously with the immediate area and be consistent with the diversifying neighbourhood character. 6.6 Coastal and Shoreline Assessments Baird and Associates was retained to review the natural hazards of the subject lands and the shoreline setback, as well as discuss different shoreline protection options. This report determined an Engineered Development Setback (EDS) of 37 m with like new shore protection. 15

17 6.7 Functional Servicing and Stormwater Management Report A Stormwater Management Report has been prepared by Odan Detech in support of the proposed development. Stormwater management for the proposed development will match predevelopment to post development design storms. In order to maintain existing predevelopment allowable flows for the development underground storage will be implemented and the use of Stormceptors in combination with LID s to achieve the required water quality. 6.8 Noise Feasibility Study Rubidium Environmental was retained to conduct a Preliminary Noise Impact Assessment. This report concluded that there would be no adverse impacts generated from the proposed development. There is potential of elevated noise emission from the mechanical equipment in the underground garage, however these emissions can be mitigated with dampeners/ silencers at the time of detailed design. 6.9 Stage One Archaeological Report Archaeological Contractors and Consultants were retained to prepare a Stage 1 Assessment of the subject lands. They have concluded that given the proximity to the Lake, a Stage 2 report is needed. This assessment is underway Additional Materials In addition to the materials discussed above, the following materials are enclosed with the proposed development application: Phase One Environmental Assessment; Aquatic Habitat Assessment; Height Assessment Survey; Geotechnical Report; and Preliminary Drainage, Grading and Servicing Plans. 7 PLANNING POLICY FRAMEWORK The following sections outline the applicable planning policy regime and evaluation of the proposed development in the context of the policy framework. The following policies have been considered: the Provincial Policy Statement (2014), the Growth Plan for the Greater Golden Horseshoe, the Halton Region Official Plan, the City of Burlington Official Plan and the City of Burlington Zoning By-law. 7.1 Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest and aims to permit appropriate development while ensuring that matters of provincial interest, 16

18 public health and safety, and the quality of the natural environment are protected. All planning decisions in Ontario must be consistent with its policies. Section 1.0 includes policy direction related to Building Strong Communities and is applicable to the lands. It generally encourages a variety of land uses within communities and encourages initiatives that make efficient use of infrastructure. Redevelopment and intensification is also encouraged. Section states: Section of the PPS states that healthy, liveable and safe communities are sustained by: a. promoting efficient development and land use patterns which sustain the financial wellbeing of the Province and municipalities over the long term; b. accommodating an appropriate range and mix of residential, employment (including industrial, commercial and institutional uses), recreational and open space uses to meet long-term needs; c. avoiding development and land use patterns which may cause environmental or public health and safety concerns; d. avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e. promoting cost-effective development standards to minimize land consumption and servicing costs; f. improving accessibility for persons with disabilities and the elderly by removing and/or preventing land use barriers which restrict their full participation in society; and g. ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs. h. Promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate. The proposal supports a more efficient land use and will provide a greater range of residential uses by introducing semi-detached and townhome units. The proposed development will create a more compact form of development that will facilitate intensification within Burlington s built boundary. The increased residential density can be supported by the existing and proposed services and amenities in the area. Section contains policies specifically related to intensification and redevelopment: Sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas, to accommodate an appropriate range and mix of employment opportunities, housing and other land uses to meet projected needs for a time horizon of up to 20 years. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. 17

19 The PPS makes specific mention of the necessity for the redevelopment of land for intensification, while allowing for a range of housing options. The lands are surrounded by detached dwellings. The proposed development would offer a greater variety of housing types and would allow for a higher density from what is provided in this area. Section of the PPS states that settlement areas shall be the focus and growth and development, and their vitality and regeneration should be promoted. Section of the PPS states that land use patterns within settlement areas shall be based on: a. densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; and 3. minimize negative impacts to air quality and climate change, and promote energy efficiency in accordance with policy support active transportation; 5. are transit supportive, where transit is planned, exists or may be developed and; b. a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety (Section ). Appropriate development standards shall be promoted which facilities intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety (Section ). The proposed development is located south of Lakeshore Road in the City of Burlington, in the Settlement Area of the City of Burlington. The proposed infill townhome development facilitates moderate growth and intensification which appropriately utilizes land. The redevelopment of lands should be planned for areas that have the appropriate infrastructure and public service utilities are available. 18

20 Housing Policies related to housing are addressed in Section 1.4 of the PPS. The PPS encourages a range and mixture of housing types and densities in order to meet the current and projected needs of residents. The PPS requires that a municipality, maintain at all times the ability to accommodate residential growth for a minimum of 10 years through intensification and redevelopment, and if necessary, lands which are designated and available for residential development (Section a). The following housing policies are also relevant: Planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provisions of housing which is affordable to low and moderate income households. b) permitting and facilitating: 1. all forms of housing required to meet the social, health and well-being requirements of current and future residents, including special needs requirements; and, 2. all forms of residential intensification and redevelopment in accordance with policy ; c) directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs; d) promoting densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of alternative transportation modes and public transit in areas where it exists or is to be developed; and, e) establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety (Section 1.4.3). The proposed development will increase the number of residential units in the area while maintaining an appropriate density within the Low Density Residential threshold. It improves efficiency and accessibility by incorporating more residential units in the vicinity of Lakeshore Road, Walkers Line and Appleby Road which have regular public transit service, while also making more efficient use of land and existing servicing infrastructure. The proposal reduces demand for outward expansion of the built-up area for residential uses by locating development in an existing community, which satisfies key development principles in the PPS. 19

21 Infrastructure The infrastructure policies of the PPS are outlined in Section 1.6. Existing infrastructure and public service facilities are to be maximized, wherever possible, before developing new infrastructure and public service facilities. The following policies are relevant to the proposed development: Infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be provided in a coordinated, efficient and cost-effective manner that considers impacts from climate change while accommodating projected needs. Planning for infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities shall be coordinated and integrated with land use planning so that they are: a) financially viable over their life cycle, which may be demonstrated through asset management planning; and b) available to meet current and projected needs. (Section 1.6.1). Planning for infrastructure and public service facilities shall be integrated with planning for growth so that infrastructure and facilities are available to meet current and projected needs as outlined in the policies below. Before consideration is given to developing new infrastructure and public service facilities: a) the use of existing infrastructure and public service facilities should be optimized; and b) opportunities for adaptive re-use should be considered, wherever feasible (Section 1.6.3). Planning for sewage and water services shall: a. direct and accommodate expected growth in a manner that promotes the efficient use of existing: 1. municipal sewage services and municipal water services (Section ). Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Intensification and redevelopment within settlement areas on existing municipal sewage services and municipal water services should be promoted, wherever feasible (Section ). The subject lands and the majority of the surrounding residential lots are not on public municipal services. The proposed development will utilize existing and new municipal sewage services and 20

22 municipal water services. The site will be serviced by providing a new 200 mm diameter sanitary service. Based on information from our engineer, there is an existing 150 mm lateral stub at Blue Water Place from Lakeshore Road and 300 mm ductile iron watermain on Lakeshore Road near Blue Water Place to provide for domestic water and fire protection. The proposed development appropriately intensifies a site on existing and proposed servicing as feasible. Transportation The relationship between the provision of transportation infrastructure and growth management is a primary consideration throughout the PPS. The PPS encourages land use patterns that promote alternative modes of transportation. Section states that, efficient use shall be made of existing and planned infrastructure. The following additional transportation policies are relevant: As part of a multimodal transportation system, connectivity within and among transportation systems and modes should be maintained and, where possible, improved including connections which cross jurisdictional boundaries (Section ). A land use pattern, density and mix of uses should be promoted that minimize the length and number of vehicle trips and support current and future use of transit and active transportation (Section ). Transportation and land use considerations shall be integrated at all stages of the planning process (Section ). The proposed development is of a density which can support future and planned transit along Lakeshore Road. Current regular public transit service is accessible at Appleby and Lakeshore in the vicinity of the proposed development. Existing multi use trails and bike paths are currently provided along Lakeshore Road. Future residents can access the trail and path system via the existing waterfront trail and/or Blue Water Place road. Natural Heritage Policies related to Natural Heritage are discussed in Section 2.1 of the PPS. It is the policy of the PPS that Natural features and areas shall be protected for the long term, (Section 2.1.1). The following additional policies are relevant: The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features, (Section 2.1.2). Natural heritage systems shall be identified in Ecoregions 6E & 7E1, recognizing that natural heritage systems will vary in size and form in settlement areas, rural areas, and prime agricultural areas, (Section 2.1.3). 21

23 Development and site alteration shall not be permitted in: a) significant wetlands in Ecoregions 5E, 6E and 7E1; and b) significant coastal wetlands. (Section 2.1.4) Development and site alteration shall not be permitted in fish habitat except in accordance with provincial and federal requirements Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5, and unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. The proposed development is located along the shore of Lake Ontario within Ecoregion 5E, 6E and 7E1, which is considered to be a significant wetlands under the PPS. Development and site alteration is not permitted on lands adjacent to this feature unless the lands have been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or ecological functions. An aquatic report has been prepared by Natural Resource Solutions Inc., which assesses the stormwater drainage feature as well as the shoreline area to provide an appropriate buffer from development and establish current aquatic habitat conditions. The proposed development will be setback from the required Engineered Development setback as determined by engineering studies. Should redevelopment of the shoreline area be required, the owner s retained biologists will provide guidance and recommendations with regards to protecting the aquatic habitat along the shoreline and minimize impact. Natural Hazards Lands adjacent to Lake Ontario are also considered to be hazardous lands under the PPS as directed by Section As such the following policy is applicable: Development shall generally be directed to areas outside of: a) hazardous lands adjacent to the shorelines of the Great Lakes - St. Lawrence River System and large inland lakes which are impacted by flooding hazards, erosion hazards and/or dynamic beach hazards; b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards; and c) hazardous sites. (Section 3.1.4) A Natural Hazard and Shoreline Engineering Assessment was prepared by Baird & Associates to review the existing shoreline conditions and assess the shoreline setback for the proposed redevelopment. The existing concrete shore wall was evaluated and the erosion allowance for the southern edge of the property is 24 m with the existing concrete shore wall. A new shore wall protection can facilitate a 20 m erosion allowance. The existing shorewall is proposed to be 22

24 improved to a like new condition. The Engineering Development Setback as determined by technical studies is delineated on the concept plan. Summary The proposed development is consistent with the PPS in relation to development efficiency, housing provisions, natural heritage and intensification. The lands are within the urban and builtup area and the PPS supports development in such locations that have consideration for compatibility with surrounding land uses, support the efficient use of land, optimize municipal and transit infrastructure, and provide additional housing options within the community. The lands provide townhome dwellings, a housing form not common south of Lakeshore Road, for Burlington residents and will contribute to the provision of housing to meet future demand, as required in Section 1.4 of the PPS. The proposal introduces moderately intensified residential uses to a site that can be better utilized through infill development within the City of Burlington urban area. The development also respects and is appropriately set back from Lake Ontario as to not impact the coastal wetland area and is located outside of the hazard lands. Based on the foregoing, it is our opinion, that the proposed development and applications are consistent with the PPS. 7.2 Places to Grow Growth Plan for the Greater Golden Horseshoe (2013 Consolidation) While the PPS provides overall policy direction specifically related to matters of provincial interest, the Growth Plan for the Greater Golden Horseshoe (the Growth Plan ) also provides direction on the development and growth of communities within the Greater Golden Horseshoe ( GGH ). The intent of the Growth Plan is to guide growth for the development of compact and vibrant communities and to plan and manage growth in order to support a strong and competitive economy. The following policy identifies key provisions that should guide development: The Growth Plan is grounded in a series of guiding principles decisions on how land is developed and resources are managed in the Greater Golden Horseshoe. The following principles are relevant to the proposed development... Build compact, vibrant and complete communities. Plan and manage growth to support a strong and competitive economy. Protect, conserve, enhance and widely use the valuable natural resources of land, air and water for current and future generations. Optimize the use of existing and new infrastructure to support growth in a compact, efficient form. Provide for different approaches to managing growth that recognize the diversity of communities in the GGH (Section 1.2.2). 23

25 To ensure the development of healthy, safe and balanced communities within the GGH, the Growth Plan policies emphasize the efficient use of land and infrastructure by directing growth to existing urban areas. The Growth Plan envisions accommodating growth through intensification within the existing built-up area, with a focus on urban growth centres, intensification corridors, major transit station areas, brownfield sites and greyfields (Section 2.1). Growth and Intensification Section of the Growth Plan addresses managing growth and states: 1. 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; c) building compact, transit-supportive communities in designated greenfield areas; d) reducing dependence on the automobile through the development of mixeduse, transit-supportive, pedestrian-friendly urban environments; e) providing convenient access to intra- and inter-city transit; f ) ensuring the availability of sufficient land for employment to accommodate forecasted growth to support the GGH s economic competitiveness; g) planning and investing for a balance of jobs and housing in communities across the GGH to reduce the need for long distance commuting and to increase the modal share for transit, walking and cycling; h) encouraging cities and towns to develop as complete communities with a diverse mix of land uses, a range and mix of employment and housing types, high quality public open space and easy access to local stores and services; i) directing development to settlement areas, except where necessary for development related to the management or use of resources, resource-based recreational activities, and rural land uses that cannot be located in settlement areas; j) directing major growth to settlement areas that offer municipal water and wastewater systems and limiting growth in settlement areas that are serviced by other forms of water and wastewater services. The lands are within the Built-up Area, where intensification at a higher density is encouraged. Section 2.1 of the Growth Plan also emphasizes the importance of optimizing the use of land and infrastructure. Section , states, by the year 2015 and for each year thereafter, a minimum of 40 per cent of all residential development occurring annually within each upper- and single-tier municipality will be within the built-up area (Section ). The Growth Plan directly mandates that growth occur in the built-up area, which has the necessary resources available to accommodate growth. 24

26 Schedule 3 of the Growth Plan outlines the distribution of population and employment for the Greater Golden Horseshoe to The Region of Halton is expected to grow to a population of 780,000 and to an employment base of 390,000 by the year Sections and of the Growth Plan discuss the importance of promoting intensification in the area municipality. Section states that All municipalities will develop and implement through their official plans and other supporting documents, a strategy and policies to phase in and achieve intensification and the intensification target. This strategy and polices will a) be based on the growth forecasts contained in Schedule 3, as allocated to lower-tier municipalities in accordance with policy ; b) encourage intensification generally throughout the built-up area; c) identify intensification areas to support achievement of the intensification target; d) incorporate the built-up boundary delineated in accordance with Policy ; 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; h) include density targets for urban growth centres where applicable, and minimum density targets for other intensification areas consistent with the planned transit service levels, and any transit-supportive land-use guidelines established by the Government of Ontario; i) plan for a range and mix of housing, taking into account affordable housing needs; j) encourage the creation of secondary suites throughout the built-up area. The proposed development is located within the built-up area in the City of Burlington and is of a moderately higher density residential form than surrounding areas, however, in our opinion is considered compatible with the surrounding low density development. As such, the redevelopment of the lands to the proposed townhome development will help the City reach its minimum intensification targets mandated by the Growth Plan. The proposed development will also increase the range of housing types available in the area and provide housing in a form that will be more affordable than some of the existing housing stock in the area. Infrastructure The Growth Plan recognizes the importance of accessible public infrastructure to maintain the vitality of communities, economic competitiveness, quality of life and delivery of services (Section 3.1). The Growth Plan encourages compact urban forms and intensification as ways of efficiently and effectively utilizing infrastructure (Section 3.1). Chapter 3 of the Growth Plan outlines the policies related to infrastructure planning and promotes coordinated land use and infrastructure planning in order to support and accommodate forecasted population and economic growth (Section 3.1). The following infrastructure policies are especially relevant: 25

27 Infrastructure planning, land use planning, and infrastructure investment will be co-ordinated to implement this Plan. Infrastructure includes but is not limited to transit, transportation corridors, water and wastewater systems, waste management systems, and community infrastructure (Section ). Public transit will be the first priority for transportation infrastructure planning and major transportation investments (Section ). All decisions on transit planning and investment will be made according to the following criteria: a) Using transit infrastructure to shape growth, and planning for high residential and employment densities that ensure the efficiency and viability of existing and planned transit service levels; b) Placing priority on increasing the capacity of existing transit systems to support intensification areas; c) Expanding transit service to areas that have achieved, or will be planned so as to achieve, transit-supportive residential and employment densities, together with a mix of residential, office, institutional and commercial development wherever possible (Section ). The proposed development will achieve the Growth Plan s transportation objectives given its access to Lakeshore Road which is planned to have a Secondary Transit access. The proposed development will create a population to which will facilitate ridership on planned and future transit. In addition to the planned transit along Lakeshore, existing regular transit service is located along Appleby Line with access at Lakeshore and Appleby approximately 800 metres away from the proposed development. This service directly connects to a major commercial area (Appleby Mall) which will service future residents. The Growth Plan addresses community infrastructure and states that planning for growth will take into account the availability and location of existing and planned community infrastructure so that community infrastructure can be provided efficiently and effectively (Section ). Upper- and single-tier municipalities will develop a housing strategy in consultation with lower-tier municipalities, the Minister of Municipal Affairs and Housing and other appropriate stakeholders. The housing strategy will set out a plan, including policies for official Plans, to meet the needs of all residents, including the need for affordable housing- both home ownership and rental housing. The housing strategy will include the planning and development of a range of housing types and densities to support the achievement of the intensification target and density targets (Section ). The proposed development is within an established residential community with available community services and infrastructure. The population introduced by the proposed development will efficiently make use of the existing and planned community infrastructure. Further, the 26

28 development will improve available services by removing the subject lands from private services to the municipal network. The proposed development provides for a new housing type and introduces appropriate intensification which will aid in meeting the Region s and City s housing target. 7.3 Region of Halton Official Plan (January 2016) The Regional Official Plan (ROP) contains policies to guide land use planning in the Region of Halton. The 2009 ROP (Regional Official Plan Amendment No. 38) was adopted by Council on December 16, 2009 and was modified by the Province in The plan was subsequently appealed at the Ontario Municipal Board. The Plan has been partially approved by the Ontario Municipal Board and, except for the policies that remain under appeal; the policies of the 2009 ROP are applicable. There are no site-specific appeals to the 2009 ROP that apply to the subject property. Halton s Planning Vision Halton s planning vision is described in Section 31 of the Official Plan. The Region of Halton in its vision of planning for Halton's future, Halton believes in building healthy communities. A healthy community is one: 31(1) that fosters among the residents a state of physical, mental, social and economic well-being; 31(2) where residents take part in, and have a sense of control over, decisions that affect them; 31(3) that is physically so designed to minimize the stress of daily living and meet the life-long needs of its residents; 31(4) where a full range of housing, employment, social, health, educational, recreational and cultural opportunities are accessible for all segments of the community; 31(5) where mobility is provided primarily through an affordable, convenient, safe and efficient public transportation system and non-motorized travel modes; and 31(6) where the principles of sustainability are embraced and practised by residents, businesses and governments. The proposed development is in support of Halton s Planning Vision by providing a compact form of infill development, which provides new forms of housing options to the neighbourhood. The proposed development is also in support of the Region s Healthy Community Guidelines as discussed in Section 7.4 of this Report. Halton s Regional Structure The proposed development is located within the built boundary within the Urban Area of the City of Burlington. The City of Burlington is to grow to a population of 193,000 by A minimum of 8,300 new housing units are to be added to the built boundary by The following policies speak further to growth and development within Halton Region: 27

29 50.2 The Regional Structure implements Halton s planning vision of its future landscape as described in Section 27 by organizing land uses into the following broad categories: 51(1) Urban Area, where urban services are provided to accommodate concentrations of existing and future development, 55. The Regional Structure is accompanied by a growth strategy for Halton based on the distribution of population and employment for the planning horizon year of 2031 as contained in Table 1, and in accordance with the Regional phasing outlined on Map 5, as well as by other infrastructure elements such as transportation systems and urban services and other policies of this Plan The Regional Structure also sets out targets for intensifying development within the Built-Up Area, and development density in the Designated Greenfield Areas as contained in Table The Regional Structure also sets out the Regional phasing to be achieved every five years from 2012 to 2031 between the Built-Up Areas and the Designated Greenfield Areas in Table 2a. 56. Guided by Halton's planning vision, policies in this Plan are developed to ensure the integrity, maintenance and enhancement of the Regional Structure. Table 1: Population and Employment Distribution (Halton Region Official Plan). 28

30 Table 2: Intensification and Density Targets (Halton Region Official Plan) The proposed development will add 39 residential units which will contribute to the minimum 8,300 of new housing units to be added to the built up area between 2015 and The proposed development at a density of 24 units per hectare is within the maximum density under the municipal official plan designation for the subject lands. As such, the proposed development represents appropriate intensification within the Urban Area and Built Up Area in the City of Burlington. Development Criteria It is the policy of the Region of Halton to direct development to environmentally suitable areas with the appropriate land use designation in accordance with the goals, objectives and policies of this Plan, (Section 57). The following policies are relevant: 58. Uses are permitted as specified for each land use designation provided that: 58(1) the site is not considered hazardous to life or property due to conditions such as soil contamination, unstable ground or soil, erosion, or possible flooding; 58(2) development meets all applicable statutory requirements, including regulations, Official Plan policies, zoning by-laws, and municipal by-laws. 59. No building permits should be issued by a Local Municipality until Section 58 has been complied with. 61. In addition to those policies governing the land use designation(s) where it is located, development may be affected by, and: 61(1) shall be consistent with objectives and policies relating to areas of constraint as shown on Map 1 or Maps 1B through 1G; 29

31 61(2) shall be consistent with all applicable goals, objectives and policies under Part IV of this Plan; 61(3) may be subject to the applicable regulations of the appropriate Conservation Authority; and A number of technical studies have been prepared which are in support of the proposed development in terms of site condition, erosions and hazards. A Phase 1 Environmental Site Assessment concludes that the subject lands are clean and well maintained and it is unlikely that there is a condition on the subject lands that constitutes a significant environmental liability. In addition to the Phase 1 ESA a natural hazard assessment and shoreline engineering has been conducted which delineates the Engineering Development Setback which has been conveyed on the proposed development concept. The proposed development is consistent with the designations and applicable policies of the Region of Halton Official Plan. Urban Area The subject lands are designated as being within the Urban Area as designated on Regional Structure Map 1 of the Region of Halton Official Plan (Figure 17). It is the objective of the urban area to: 72(1) To accommodate growth in accordance with the Region s desire to improve and maintain regional unity, retain local community identity, create healthy communities, promote economic prosperity, maintain a high quality, sustainable natural environment, and preserve certain landscapes permanently; 72(2) To support a form of growth that is compact and supportive of transit usage and non-motorized modes of travel, reduces the dependence on the automobile, makes efficient use of space and services, promotes live-work relationships and fosters a strong and competitive economy; 72(3) To provide a range of identifiable, inter-connected and complete communities of various sizes, types and characters, which afford maximum choices for residence, work and leisure; 72(4) To ensure that growth takes place commensurately both within and outside the built boundary; 72(5) To establish a rate and phasing of growth that ensures the logical and orderly progression of development, supports sustainable and costeffective growth, encourages complete communities, and is consistent with the policies of this Plan. 30

32 72(7) To plan and invest for a balance of jobs and housing in communities across the Region to reduce the need for long distance commuting and to increase the modal share for transit and active transportation; 72(9) To facilitate and promote intensification and increased densities; The objectives of the Urban Area are supportive of development in which is compact, supportive of transit and facilitates intensification and increased densities. The proposed development is a form of infill intensification in the area which will be developed at an appropriate density as per the density maximums in the local Official Plan for the area. Figure 17: Region of Halton Official Plan Map 1. The following policies are relevant to the proposed development and the Urban Area land use designation: 74. The Urban Area consists of areas so designated on Map 1 where urban services are or will be made available to accommodate existing and future urban development and amenities. Within the Urban Area, Employment Areas and Urban Growth Centres are identified on Map 1 as overlays on top of the Urban Area, for which specific policies apply. 31

33 75. The Urban Area is planned to accommodate the distribution of population and employment for the Region and the four Local Municipalities as shown in Table 1 and the Regional phasing as shown in Table 2a; 76. The range of permitted uses and the creation of new lots in the Urban Area will be in accordance with Local Official Plans and Zoning By-laws. All development, however, shall be subject to the policies of this Plan; and 77(2.1) Direct, through Table 2 and Table 2a, to the Built-Up Area a minimum of 40 per cent of new residential development occurring annually within Halton in 2015 and every year thereafter. According to Table 2A of the Region of Halton Official Plan, 2,758 units are proposed within the City of Burlington s built boundary between The proposed development contributes to Region s housing target within the Built Boundary. This development contributes to the Region s objectives for the Urban Area as it adds residential supply to the area that is compatible and permitted under Regional and Local policy. The subject property and proposed development will be accessible to transit and is of a transit supportive density for future and planned transit improvements. Housing Housing in the Region of Halton is discussed in Section 86 of the Official Plan. Intensification of land use for residential purposes such as infill redevelopment is permitted provided that the physical character of existing neighbourhoods can be maintained (Section 86.11). It is also the policy of the Region to: 86(6) Adopt the following housing targets: a) that at least 50 per cent of new housing units produced annually in Halton be in the form of townhomes or multi-storey buildings 86(20) Require the Local Municipalities, in developing phasing strategies, to ensure that a full range and mix of housing types can be provided in each development phase in accordance with Table 2a. 86(21) Require Local Official Plans to provide an appropriate mix of housing by density, type and affordability in each geographic area, consistent with current and projected demands reflecting socio-economic and demographic trends. The proposed development is considered a form of intensification through infill development which proposes residential dwellings that are compatible with the surrounding area. It is the policy of the Region for local Official Plans to provide an appropriate mix of housing by density type and affordability. The proposed development introduces an appropriate new form of 32

34 housing to the area at an increased density. As such, the proposed development increases the mix of housing type and density while providing housing at a more affordable market price than what currently exists. Natural Heritage System It is the objective of the Region of Halton Official Plan to protect and enhance the Halton waterfront that is part of the Provincially significant Lake Ontario and Burlington Bay shoreline. As the subject property is located adjacent to Lake Ontario, the following policies are relevant: 118(14) Encourage the Local Municipalities to: a) acquire public open space on tableland adjacent to watercourses and along the waterfront within the Urban Area; b) identify and designate along or near the waterfront of Lake Ontario and Burlington Bay, a continuous waterfront trail, making use of public road allowances in locations where public waterfront properties are not available; and c) incorporate in their Zoning By-laws setback requirements for development along the shoreline of Lake Ontario and Burlington Bay. 118(15) For property immediately adjacent to Lake Ontario or Burlington Bay that is the subject of a development or redevelopment application: a) Require, as a condition of approval, the proponent to investigate and implement as necessary shoreline erosion protection measures to the satisfaction of Conservation Halton, and the Local Municipality. b) Require the Local Municipality to establish, in consultation with Conservation Halton, building setbacks sufficient to assure the long term safety of the structure(s). c) Encourage the Local Municipality to obtain, through dedication, agreement or purchase, suitable waterfront property along Lake Ontario or Burlington Bay, for public access and as part of a continuous trail system along or adjacent to the waterfront. d) Require, where the siting or size of a development warrants, that the proponent minimize any adverse effect on on-shore lake breezes and views of Lake Ontario or Burlington Bay from public places such as roads, parks and trails. 118(16) Prepare jointly with Conservation Halton a Lake Ontario and Burlington Bay Shoreline Protection and Management Plan, with participation of the private owners of waterfront properties, the City of Burlington, the Town of Oakville, and the Provincial and Federal governments. 118(17) Require that Local Zoning By-laws restrict development, including water lots, in Lake Ontario or Burlington Bay, subject to the approval of Conservation Halton, the Ministry of the Environment, the Ministry of Natural Resources and the Local 33

35 Municipality, and permit, in this regard, only open space uses, docks or erosion protection works. Municipalities are encouraged to designate and identify lands for purposes of a continuous waterfront trail. This is a policy that is reflected within the local Official Plan to create a continuous waterfront trail to be implemented through development and or redevelopment along Lake Ontario. Providing public access to the Lake is also conveyed through the City of Burlington s Official Plan policies. Through an analysis of adjacent lotting patterns and development status of neighbouring lots, it is our opinion that a dedication of further lands is unlikely which will prevent the City from achieving this policy direction. This is discussed further in Section 9.1 of this report. A number of technical studies including consultation with Conservation Halton have been conducted with regard to the shoreline and associated drainage feature on the property. Conservation Halton has confirmed that the drainage feature will remain unregulated by Conservation Halton and the development setbacks are to be applied from the erosion hazard associated with the shoreline as per the submitted Geotechnical Investigation and Slope Stability. Conservation Halton staff generally support the submitted geotechnical report and recommend the recommendations of the report be implemented. With regard to the shoreline, a Natural Hazard Assessment and Shoreline Engineering has been conducted by Baird Engineering which concludes a 20 metres EDS with new engineering shore protection and 24 metres with the existing shore protection with repairs. This assessment will be reviewed by the City and Conservation Halton. The proposed development is setback 37 metres from the shorewall, with proposed improvements to the shorewall to a like new condition. Transportation It is the policy of the Region of Halton to ensure development is designed to support active transportation and public transit as well as to promote land use patterns and densities that foster strong live/ work relationships and can be easily and effectively served by public transit and active transportation, (Section 173). The proposed development is at an increased density which is transit supportive. Lakeshore Road also is currently serviced by a multi-use path and bike lane that connects Burlington to the rest of the Region. Servicing Section 89 of the Region of Halton Official Plan speaks to servicing. It is the policy of the Halton Region Official Plan that: 89(3) Require that approvals for all new development within the Urban Area be on the basis of connection to Halton's municipal water and wastewater systems, unless otherwise exempt by other policies of this Plan. 34

36 The proposed development can be fully serviced on existing municipal water and wastewater systems as discussed in the submitted Functional Servicing Report prepared by Odan Detech Engineering. Summary The proposed development conforms to the policies of the ROP. This development contributes to intensification of the area while also maintaining compatibility. The proposed development maximizes the efficiency of the subject property by adding a residential development at an appropriate density, while utilizing available municipal services. The proposed development conforms to the policies of the ROP. 7.4 Halton Region Healthy Community Guidelines Section 152(2) of the Regional Official Plan directs major developments to have regard for the Region s Healthy Community Guidelines. The Guidelines outlines seven key attributes, each comprised of various elements, which are associated with the building of healthy communities. The proposed development has been designed to accommodate the majority of these features as described below: 1. Built Environment 2. Mobility The proposal provides for a compact development with a pedestrian-first environment in an area of the City that can accommodate compatible redevelopment. The proposed development encourages physical activity and facilitates active transportation give its proximity to nearby cycling and trails. Further, the development is pedestrian focused and includes walking path to Avondale Court where a driveway currently exists. 3. Natural Environment and Open Space This development complements and enhances the Region s natural heritage system and provides access to a range of shared open spaces on the site. 4. Human Services This townhome development supports public safety through its design. The development is open and encourages interaction with its residents. 5. Sustainable Design The proposed development does its best to incorporate sustainable and environmentally friendly elements, including proposed permeable paving and preservation of natural heritage elements. However, the majority of the sustainable design elements will be confirmed at the detailed site plan stage. 35

37 6. Economy The higher density of this proposed development helps to diversify the area surrounding the waterfront. 7. Community Food Supply Elements of this attribute are unable to be addressed through the design of this development as a result of its location in a highly residential area of the City. The development is not proposed on prime agricultural lands and will utilize already developed lands limiting impacts to Regional food production. Based on the above justification, it is our opinion that the proposed development satisfies the healthy community attributes identified by the Region. 7.5 City of Burlington Official Plan (Office Consolidation 2015) The City of Burlington s Official Plan (OP) was approved by the Ontario Municipal Board on October 24, The City is currently in the process of its 5 year Municipal Comprehensive Review discussed further in Section 7.6 below. The policies of the City of Burlington Official Plan 1997 (2015 Official Consolidation) are in force and effect for the subject lands. As the City of Burlington reaches a mature state, a majority of growth within the City will be in the form of intensification and infill development while maintaining stability and compatibility as the City grows out to its urban boundary. Key themes within the City of Burlington Official Plan include: Development of a greater diversity of housing types to meet the changing needs of the population; The development of a more self-containing city by encouraging a greater live-work relationship and supporting designation of lands for a wide variety of employment uses; The focusing of more intense lands uses into specified mixed use centres and along certain roads; A move towards a more balanced transportation system and; A greater emphasis on the long term preservation and conservation of significant natural features with greater public access particularly to the waterfront and reasonable and responsible access to other areas Sustainability and the Environment Natural Heritage The subject lands are not designated as Natural Heritage as per Schedule B of the Official Plan, however, are located adjacent to Lake Ontario and contain a drainage feature. As such the following policies are relevant: 36

38 Development shall be limited to lands that are environmentally suited for the proposed use. Suitability shall be assessed within the context of the safety and health of the user, and should avoid negative effects on the natural and social environment. New development and significant re-development shall generally be prohibited within natural heritage features unless it can be deemed suitable through the provisions of Part II, Section 2.5 of this Plan. New development and significant re-development is not permitted in areas of: (i) significant habitat of endangered species and threatened species; (ii) significant wetlands, significant woodlands or significant valleylands; (iii) fish habitat, except in accordance with provincial and federal requirements; (iv) areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard, (Section 2.3 a). Environmental Evaluation Reports shall be prepared by the proponent of a development and to the satisfaction of the City as part of the consideration of a development application (other than an individual consent or minor variance in the Rural Planning Area, or for a use permitted by the Official Plan and Zoning By-law in the Rural Planning Area), affecting lands found: d) For areas regulated by Conservation Halton, such as floodplains, wetlands, watercourses, the shoreline of Lake Ontario/Burlington Bay, or regulated valleylands, the Environmental Evaluation report may also be required to fulfill the requirements of the Conservation Authority s Environmental Impact Assessment. h) As part of a complete application, the boundaries of identified natural heritage features will be delineated on site by the applicant, corroborated by City staff and the surveyed boundaries shown on any plans submitted as part of a complete application. (Section 2.5). A number of technical reports and studies have been prepared in support of the proposed development with regard to the adjacent Lake Ontario shoreline and drainage feature. This includes Arborist and Aquatic Reports prepared by Natural Resource Solutions Inc., Natural Hazard Assessment and Shoreline Engineering prepared by Baird Engineering and a Geotechnical Assessment prepared by Terraprobe. These reports have been reviewed by Conservation Halton staff who have provided preliminary approval of the proposed shoreline protection and stable top of slope limits Conservation Halton staff have also confirmed that the drainage feature on the property will remain unregulated, but will provide further comment on the feature as it pertains to any impacts to fish habitat as it proceeds through the Zoning By-law Amendment application and future Site Plan application where further details of the development will be delineated. 37

39 Sustainable Design and Compatibility Section 2.7 addresses sustainable design and compatibility. The objective of the City of Burlington Official Plan is to ensure that new development is consistent with sustainable development principles with regard to efficiency, safety, accessibility, affordability and energy efficiency. The following policies are relevant: a) At the site planning stage, building layout shall be reviewed for accommodating resource management and waste reduction activities for the use(s) that will be located in the building. b) At the site planning stage, site plans will be reviewed for Sustainable Development considerations such as, but not limited to: (i) pedestrian movement within the site, to the street and to adjacent neighbourhoods; (ii) access to public transit; (iii) public safety; (iv) public views of the escarpment or lake; (v) energy efficiency; (vi) reflected/waste light; (vii) sensitivity to noise and vibration; (viii) preservation of existing trees and other vegetation; (ix) changes to topography and drainage patterns; (x) development guidelines for healthy communities; and appropriate protection and stewardship measures for greenways and/or watercourses as defined in adopted watershed and subwatershed plans. c) Development will be reviewed to ensure efficiency of land use in the urban community in terms of energy, travel time, intensity and diversity. d) Where appropriate, new development shall be designed to be compatible with and enhance existing natural features, such as the Lake Ontario and Burlington Bay waterfronts, the Niagara Escarpment, woodlots, watercourses and stream valleys. e) The City will encourage development that provides choices in housing, shopping, employment, and transportation. f) Energy conservation shall be encouraged through community and site planning, design, and the use of energy-efficient materials and landscaping. When development applications are reviewed, consideration shall be given to energy conservation measures such as the solar orientation of streets and buildings, increased densities, walkability and decreased automobile dependency, and the use of landscaping and building materials. (Section 2.7.3). 38

40 The proposed development will have vehicular access from Blue Water Place which connects directly to Lakeshore Road. Lakeshore Road provides access to pedestrian and transit services in the vicinity of the development. An additional pedestrian pathway is also proposed to Avondale Court and will provide further connectivity to the surrounding neighbourhood. The proposed promenade will also be restricted to only pedestrian and emergency vehicles, further facilitating pedestrian activity. A noise report has been prepared by Rubidum Environmental in support of the proposed development and concludes that there are no adverse noise impacts anticipated from the development. A tree inventory report and tree preservation plan has also been prepared which proposes to retain 101 trees. A total of 198 trees are proposed to be removed but will be compensated in the proposed landscape plan. The existing drainage feature is not expected to be impacted by the proposed development but will be further reviewed by Conservation Halton through the Zoning By-law Amendment application and future site plan applications stages. The existing drainage feature is not expected to be impacted by the proposed development but will be further reviewed by Conservation Halton through the Zoning By-law Amendment application and future site plan applications stages. Further details of the proposed development will be reviewed in the future site planning stage in relation to the above Sustainable Development considerations in terms of public access, energy efficiency and light Watershed Management Stormwater Management Section 2.11 addresses stormwater management policies. The following policies are relevant to stormwater management and development in the City of Burlington: a) Storm water management techniques shall be used in the design and construction of all new developments to control both the quantity and quality of storm water runoff. The degree of control and techniques used will depend on the conditions in the downstream receiving water bodies. The adverse effects of development on the downstream aquatic environment and adjacent lands shall be avoided or kept to a minimum. c) For those development sites draining into Burlington Bay or Lake Ontario, the City may request an enhanced level of storm water quality control, in order to assist with the de-listing of Hamilton Harbour as an Area of Concern and to maintain water quality in Lake Ontario. 39

41 f) Functional drainage designs shall be prepared at the draft plan of subdivision or zoning stage in accordance with the requirements of the City s Storm Drainage Criteria Manual. g) As a condition of development approval, the City will normally require the dedication of the greater of the regulatory floodplain, or the valley through which the watercourse flows including a conservation setback from top of bank, regulatory floodplain, or meander belt width. Dedication of these lands shall not be considered part of parkland dedication requirements of The Planning Act, unless the dedicated lands provide needed public recreational opportunities as identified by the City. If any such land remains in private ownership, it will be protected by zoning, agreement or easement to protect the ecologic and floodplain function of such land. i) All watershed and sub-watershed studies, functional drainage designs, storm water management techniques and drainage facilities shall be completed with appropriate consultation with residents and property owners, Conservation Halton, the Region of Halton, the Ministry of Natural Resources and where appropriate, the Niagara Escarpment Commission. These studies will consider: maintenance of natural watercourses, control of discharges to surface and groundwater, water quality and quantity targets and the identification and protection of significant hydrogeological areas. (Section ). The proposed development can be serviced with proposed existing sanitary and water servicing as discussed in the submitted Functional Servicing and Stormwater Management Report prepared by Odan Detech Group Inc. The proposed development will utilize existing and new municipal sewage services and municipal water services Transportation Section 3 addresses transportation in the City of Burlington. Schedule J of the City of Burlington Official Plan designates Lakeshore Road as a Minor Arterial (Figure 18). Schedule 1 also plans for a Secondary Transit route along Lakeshore Road. The following policies are relevant to transportation, roads, transit and walkability in relation to the proposed development: d) A transportation study to assess the impact of a proposed development on current travel patterns and/or future transportation requirements may be required before Official Plan Figure 18: Schedule J Classification of Transportation Facilities. 40

42 amendments, subdivision approvals, rezoning, site plan approvals or other development proposals are allowed. j) Reduced parking ratios and/or standards and/or on-street parking ratios and/or standards may be permitted subject to evaluation by the City of the appropriateness of such standards, and implemented through the approval of development applications or other City initiatives. (Section 3.2.3). A Traffic Study has been prepared by Cole Engineering in support of the proposed development and confirms that there are no adverse impacts to the surrounding road network. Further, the proposed parking standards (2 space per unit, plus 0.6 visitors) meet the requirements for the by-law. Road Relevant policies related to roads are addressed below: o) The use of public and private laneways may be permitted subject to an evaluation by the City and Region of functional, operational, servicing and financial issues. Public water and wastewater services are generally prohibited by the Region in private laneways, except as permitted by the Region s Urban and Rural Servicing Guidelines. r) The proponent of residential development and other sensitive land uses within 50 m of a provincial freeway, highway right-of-way, or major arterial, multi-purpose arterial or minor arterial road, or a greater distance at the discretion of the City or the Region of Halton, will be required to undertake noise studies by a qualified acoustical consultant in accordance with Provincial policy to the satisfaction of the City and any other authorized review authority and shall undertake appropriate measures to mitigate any adverse effects from the noise identified. x) Infill or intensification development proposals within the City shall be required to take place on public roads, unless it can be demonstrated by the proponent that a private road is equally desirable from the standpoints of functionality, community safety, efficiency, servicing, neighbourhood connectivity, ease of land assembly for future development, environmental impacts, adequacy of parking and financial impacts to the City. (Section 3.3.2). The proposed development is facilitated by common element condominium road (promenade) intended for pedestrian and emergency vehicle access only. A traffic study and noise study has been prepared in support of Figure 19: Schedule 2 - Long Term Bikeway Network 41

43 the proposed development. The noise study concludes that there will be no adverse noise impacts anticipated from the development and that any potential of noise levels from the proposed underground parking will be dealt with a site plan application stage. Transit Services Relevant policies related to transit are addressed below: e) Development applications shall be reviewed to ensure that, where feasible, proposed land developments encourage the efficient and effective use of transit services. (Section 3.4.2). The proposed development is located approximately 150 metres south from Lakeshore Road. Lakeshore Road has current regular transit service provided at Appleby Line and Lakeshore Road. As per Schedule 1 of the Official Plan, Lakeshore Road is designated for a Secondary Bus Service and as such, future transit services are expected along Lakeshore Road for future residents (Figure 20). Walking e) City consideration of development applications will include a determination of whether sidewalks shall be required on both sides of any street. In certain instances, approval may be given to requiring sidewalks on only one side of a street. (Section 3.6.2). The proposed development is to be accessed by a private promenade intended for pedestrian only and emergency vehicle use. As such, sidewalks are not required as a functional element of the proposed road. There are also no existing sidewalks on Blue Water Place to which the development will connect to. A proposed pathway to Avondale Place however will be implemented to provide further pedestrian access to the east. Figure 20: Schedule 1- Long Term Transit Service Network Design Section 6 of the City of Burlington Official Plan addresses design. It is the objective of the City of Burlington to ensure that the design of the built environment preserves, enhances and connects natural features and landscapes. It is also the objective of the Plan to ensure the design of the built environment strengthens and enhances the character of existing distinctive locations and neighbourhoods, and that proposals for intensification and infill within the existing neighbourhoods are designed to be compatible and sympathetic to existing neighbourhood character and; to ensure consistency, compatibility and quality in the built environment while 42

44 allowing for a diverse design expression. (Section 6.2). The following policies are relevant to existing and new communities and design guideline policies in relation to the proposed development: Existing and New Communities d) City Council may require the preparation of design plans in conjunction with development proposals. These plans shall, among other things, identify the natural environment system as the organizing framework for new community forms, define a physical organization that supports the goals of mixed land use, diversity and pedestrian orientation, define the public realm and the relationship of built form to the public realm, address issues of the physical integration of the community with surrounding areas, encourage the use of public transit and the creation of an environment for pedestrians and bicyclists, identify opportunities to integrate public art or other cultural elements into the community, and promote public safety. e) Preference will be given to community design containing more compact forms of development that support higher densities, are pedestrian oriented and encourage increased use of public transit. (Section 6.3). A concept plan has been submitted which takes into consideration the surrounding residential area and adjacent shoreline. The proposed development provides compact development by replacing the existing two residential dwellings with 39 semi-detached and townhome units, while maintaining the density threshold of within 25 units per net hectare. The proposed private promenade will be pedestrian oriented and will provide access to the surrounding neighbourhood. Design Guidelines Policies Design Guidelines policies are discussed below: a) The density, form, bulk, height, setbacks, spacing and materials of development are to be compatible with its surrounding area. b) The compatibility of adjacent residential and non-residential development shall be encouraged through site design and buffering measures, including landscape screening and fencing. c) The design of all buildings must recognize pedestrian scale, safety and the perception of safety and access and the preservation of public vistas and views. e) All developments shall be designed having regard for public transit accessibility in the Urban Planning Area, convenience and comfort, and access and parking for the physically challenged, and to ensure that the needs of persons with disabilities and other special needs groups are addressed. 43

45 f) City Council shall require that design plans promote public safety and security, with adequate visibility and lighting and the avoidance of secluded areas. g) The location, amount, position and design of parking areas shall be reviewed to minimize their potential to erode the qualities of the public streetscape, and to lessen their visual impact. City Council shall require landscaped islands and screening in the design of large parking lots. l) Residential neighbourhoods shall be designed to allow freedom of public access and the development of gated residential communities, which restrict public access and circulation through neighbourhoods by means of security gates, walls or similar barriers, should be avoided. m) All development shall be designed having regard for Sustainable Development considerations as set out in Part II, Subsection of this Plan, (Section 6.5). It is our opinion that the proposed development is compatible with the surrounding area in terms of density, form, bulk, height and setbacks. The proposed development at 24 units per net hectare is within the density threshold of its Low Density Residential land use designation of a maximum of 25 units per net hectare. Further, the surrounding development is indicative of a transition of scale and character, ranging from heights of one to three storeys. Older residences are of a cottage style of one to two storeys, whereas new developments are two to three storeys high and display a variety of architectural styles and treatments. The proposed development will not be in conflict of the changing state of the surrounding buildings. Perimeter trees will be retained to provide landscape screening from the adjacent properties. The proposed development is also facilitated by a private promenade intended for pedestrian and emergency vehicle access. The setbacks from the proposed road will be pedestrian friendly while maintaining adequate privacy, daylight penetration and landscaping opportunities. The proposed development will be facilitated by underground parking which will eliminate the need of surface parking, improving the pedestrian oriented and quality of the public space. Gated access is not proposed. Further discussion is provided in Section 9.2 of this report Waterfront The subject lands are located adjacent to Lake Ontario. Section 9 of the Official Plan addresses waterfront policies. It is the objectives of the Official Plan to preserve waterfront areas of significant ecological value and to recognize that public and private us of or access to these areas shall be limited due to their sensitive nature and to protect development on or near the Lake Ontario/Burlington Bay shoreline from potential hazardous conditions related to flooding erosion and storm susceptibility. The following policies are relevant to the natural environment, public access and development along the waterfront: 44

46 Natural Environment a) Significant physical and biological features along the waterfront shall be preserved by preventing development in these areas or through the incorporation of these features into plans for waterfront parks and open space. b) Development within hazardous lands associated with the shoreline shall only be permitted subject to a permit from Conservation Halton and, if City Council considers the development to be consistent with the waterfront objectives and policies of this Plan. c) Development shall be set back from the stable top of bank, at a distance which is acceptable to the Conservation Halton and the City of Burlington. d) The use of storm water management practices and other pollution control measures shall be used to protect and enhance water quality in Lake Ontario and Burlington Bay and to allow continued use of the Burlington Beach for safe public swimming. f) Shoreline protection measures shall be designed to visually complement the waterfront and to be undertaken in a manner that will have minimum adverse effect on the environment. Where shoreline protection works are undertaken by the City of Burlington, Region of Halton, Conservation Halton or any other public agency, the City of Burlington will consider opportunities to incorporate a Waterfront Trail as part of the overall design of the shoreline protection works. (Section 9.2.2). The proposed development has a setback of 37 metres from the existing shorewall which is proposed to be improved to a new like condition. Supporting engineering studies have confirmed the Engineering Development Setback and have been reviewed by Conservation Halton. Public Access and Use Policies related to public access and use of the waterfront and development are discussed below: c) The acquisition of land to create new or to add to existing Windows-tothe-Lake and Windows-to-the-Bay shall be encouraged by City Council, as a means to increase public access to the waterfront. e) Public access from the water to the shoreline, in areas of public ownership, shall be encouraged where feasible, through pier or dock facilities for the use of recreational boaters, consistent with Conservation Halton, Provincial and Federal requirements. i) A continuous Waterfront Trail will be implemented through development and/or redevelopment along Lake Ontario and Burlington Bay where there is sufficient land between the water and a public or private road. This trail may be comprised of two 45

47 components: (i) a shoreline trail immediately abutting the Lake or Bay and (ii) a near shoreline trail located in the general vicinity of the Lake or Bay. The Waterfront Trail will be connected to existing waterfront public open spaces and where appropriate, other points of interest in the general vicinity of the waterfront. Development a) Development proposals along the waterfront shall provide for public open space and Waterfront Trail use, where feasible. b) Development along the waterfront shall preserve or complement public views of Lake Ontario or Burlington Bay from public streets and trails. c) The hazardous lands associated with the Lake Ontario and Burlington Bay shorelines and lands proposed for public open space use of the waterfront, including the Waterfront Trail, shall not be considered in calculating lot areas or densities in plans for development and re-development. d) A minimum 15 m wide strip of land from the stable top of bank along the shoreline and where appropriate, near shoreline links will be dedicated to the City as part of the fulfillment of parkland dedication. e) Notwithstanding Part II, Subsection (c), when considering development applications along the waterfront, community benefits provisions under Section 37 of The Planning Act may be implemented to encourage the creation of waterfront public open space which shall include such features as the Waterfront Trail. Such community benefits provisions may address increases in density and height, and shall be subject to Part VI, Section 2.3 of this Plan. f) The design of waterfront development to include the imagery of water, through fountains, sculpture and colour, and create a thematic link between the waterfront and adjacent development shall be encouraged. g) Development proposals along the waterfront shall identify opportunities to integrate public art or other cultural elements. i) The City will hold land title of the Waterfront Trail and will be responsible for liability and maintenance of the Waterfront Trail, consistent with Conservation Halton, Provincial and Federal requirements j) The proponent will carry out a survey and undertake the basic grading of the Waterfront Trail including required shoreline protection to the satisfaction of the City and Conservation Halton. The City will be responsible for detailed trail design and finished construction. 46

48 k) Public and private funding partnerships or sponsorships shall be encouraged for the development of waterfront parks, trails and related facilities and activities and for the acquisition of waterfront property. m) Along the waterfront where the distance between the water and the public roadway will accommodate both the development and the Waterfront Trail, the proponent will be required to: (i) dedicate to the City the lands below the stable top of bank, as a condition of development or re-development; OPA 7 (ii) dedicate to the City as part of parkland dedication, a minimum 15 m wide strip of land above the stable top of bank. Should the value of this dedication exceed normal park land dedication, the proponent would receive compensation for the difference (i.e. either payment or provision of community benefits) as a condition of approval of an Official Plan or Zoning Amendment or plan of subdivision; (iii) dedicate to the City as part of parkland dedication, where appropriate, links to adjacent public open space, roadways and other properties. Should the value of this dedication exceed the normal park dedication, the proponent would receive compensation for the difference (i.e. either payment or provision of community benefits) as a condition of approval of an Official Plan or Zoning Amendment or plan of subdivision; and (iv) carry out a survey, shoreline protection, and basic grading of the Waterfront Trail and any required fencing as a condition of approval of an Official Plan or Zoning Amendment or plan of subdivision. n) Where the siting or size of a development warrants, a proponent of an application for Official Plan or Zoning Amendment or plan of subdivision may be required to minimize any adverse effect the development will have on on-shore lake breezes. The provision for a waterfront trail is discussed in Section 9.1 of this report Residential Areas The Official Plan designates the subject lands as Low Density Residential sub-designation within the Residential Areas designation as per Schedules A and B (Figure 21 and Figure 22). The Residential Area designation encourages Figure 21: Schedule A- Settlement Pattern. 47

49 a broader mix of residential dwellings in terms of type, size, cost and ownership. The Plan permits infill developments and is encouraged on vacant and under-utilized lands in existing neighbourhoods. The Plan provides that preservation and enhancement of the quality of life features of neighbourhoods must be considered in the review of any new and/or intensified development proposals in these areas. The following policies are relevant to Residential Areas: a) Within Residential Areas, a broad range of residential dwelling types shall be permitted, including assisted and special needs housing such as group homes, rest/retirement homes and long-term care facilities, as well as uses compatible with, complementary to and serving the primary residential use of the land, such as home occupations and cottage industries, neighbourhood parks, and offices. b) Land use in Residential Areas shall comply with the land use designations contained on Schedule B, Comprehensive Land Use Plan Urban Planning Area. Figure 22: Schedule B-Comprehensive Land Use Urban Area. c) In Residential-Low Density areas, single-detached and semi-detached housing units with a density to a maximum of 25 units per net hectare shall be permitted. In addition, other forms of ground oriented housing units with a density to a maximum of 25 units per net hectare may be permitted, provided that these forms are compatible with the scale, urban design and community features of the neighbourhood. g) The following building forms for residential development shall be permitted: (i) detached and semi-detached homes shall be permitted in Residential-Low Density areas. Other forms of ground oriented, attached housing may be permitted, provided that these forms meet the density as specified in Part III, Subsection c) for these areas and provided that these forms are compatible with the scale, urban design and community features of the neighbourhood (Section 2.2.2); The proposed development is considered a ground oriented housing unit defined as, a dwelling unit which is designed to be accessible by direct access from the ground or by means of stairways. Buildings containing ground oriented housing units usually do not exceed three storeys in height. Ground oriented, attached housing is permitted within the Residential Low Rise 48

50 Density area provided that it meets the density threshold of 25 units per hectare and is compatible in terms of scale, urban design and community features of the neighbourhood. The proposed development at a density of 24 units per hectare is within the density threshold for its land use designation. Although the proposed development is not identical to the surrounding building form, the Official Plan does not deem compatibility the same or similar to. Generally, compatibility means no adverse impacts to the surrounding area and can co-existing. The surrounding area is comprised of a style and character which is in transition. The surrounding built from ranges from one to three storeys, where older residence are of a cottage style and are one to two storeys, and newer residences range from two to three storeys with a range of architectural styles. As there is no homogenous form or style of housing in the surrounding area, the proposed development in terms of scale, height and massing, will not conflict with the changing state of the surrounding neighbourhood. The proposed development also does not adversely impact the surrounding area in terms of noise, vibration, air quality, safety, wind and sun shadowing as discussed further in the submitted Urban Design Compatibility Analysis Brief Housing Intensification As Burlington approaches a mature state, a significant amount of its future growth will be in the form of intensification and re-development within the existing urban boundary. It is the objective of the Official Plan to encourage residential intensification as a means of increasing the amount of available housing stock including infill development within existing neighbourhoods provided the additional housing is compatible with the scale, urban design and community features of the neighbourhood (Section 2.5.1). The following policies are relevant to housing intensification within the City of Burlington: a) The following criteria shall be considered when evaluating proposals for housing intensification within established neighbourhoods: (i) adequate municipal services to accommodate the increased demands are provided, including such services as water, wastewater and storm sewers, school accommodation and parkland; (ii) off-street parking is adequate; (iii) the capacity of the municipal transportation system can accommodate any increased traffic flows, and the orientation of ingress and egress and potential increased traffic volumes to multi-purpose, minor and major arterial roads and collector streets rather than local residential streets; (iv) the proposal is in proximity to existing or future transit facilities; (v) compatibility is achieved with the existing neighbourhood character in terms of scale, massing, height, siting, setbacks, coverage, parking and amenity area so that a transition between existing and proposed buildings is provided; 49

51 (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; (vii) significant sun-shadowing for extended periods on adjacent properties, particularly outdoor amenity areas, is at an acceptable level; (viii) accessibility exists to community services and other neighbourhood conveniences such as community centres, neighbourhood shopping centres and health care; (ix) capability exists to provide adequate buffering and other measures to minimize any identified impacts; (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; (xi) natural and cultural heritage features and areas of natural hazard are protected; (xii) where applicable, there is consideration of the policies of Part II, Subsection , g) and m); and (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. b) where a proposal for residential intensification is deemed to have potentially significant adverse impacts, Council shall require a planning justification report by a Qualified Person, outlining how the proposed development will be compatible with the existing neighbourhood. The report shall include, but shall not be limited to the criteria listed in Part III, Subsection a) above. The report shall determine whether these impacts can be reduced to acceptable levels and shall recommend any measures required to mitigate or reduce the adverse impacts to acceptable levels. c) where a proposal for residential intensification is deemed to have potentially significant adverse impacts, Council may require an expanded public consultation process, including additional neighbourhood meeting(s). d) Council may adopt guidelines for maximum building heights to be used in the consideration of applications for residential intensification, in order to ensure compatibility of proposed building heights with the height of existing buildings in the neighbourhood, giving consideration to existing City regulations and guidelines. 50

52 The proposed development is considered intensification as it redevelops two residential lots with a residential development at a higher density than what currently exists. The proposal meets the following criteria as listed in Section a) in the following ways: (i) The proposed development can be adequately serviced by municipal water and wastewater services; ii) The proposed development utilizes underground parking which sufficiently accommodates residential and visitor parking requirements; iii) The existing transportation network can accommodate the traffic flows of the proposed development; iv) Lakeshore Road is planned to have a Secondary Transit line to which can connect to existing transit services including the Appleby Go Station; v) Compatibility is achieved as the proposed development is located within an area of transition with varying building heights of one to three storeys and varying architectural styles. The proposed development of two storeys will be setback and buffered by perimeter landscaping as to not provide any adverse impacts to the surrounding residential development; vi) Existing trees will be retained where possible (see submitted Tree Inventory and Preservation Plan) vii) The height and bulk of the buildings, as well as their separation distances from neighbouring buildings will mitigate sun-shadow impacts; viii) Community services and commercial shopping areas are located along New Street, located approximately 1 kilometre from the proposed development; ix) Appropriate buffering and setbacks have been indicated on the proposed development concept in consultation with engineering and environmental consultants. The existing shorewall is proposed to be improved to a like new condition to further improve erosion and slope stability; x) The proposed development does not inhibit the future development of adjacent properties and provides access to Blue Water Place. A Tertiary Plan has not been noted by staff as a requirement. xi) Natural areas and natural hazards have been delineated on the concept plan. A setback of 37 metres has been proposed from the existing shorewall. The shorewall is proposed to be improved to a like new condition to improve the slope stability and erosion of the shoreline. xii) Not applicable. xiii) Not applicable. The proposed development is ground oriented. Further details on the above components are discussed in the supporting reports and studies submitted alongside this report. The above should be read alongside the entirety of this Report. Infill Development Section addresses infill development within the City of Burlington. The objectives of Official Plan include encourage residential intensification through infill development. The following 51

53 policies are relevant to the proposed development which is considered a form of infill development: a) Ground-oriented residential infilling within existing neighbourhoods shall be encouraged. b) New infill development shall be compatible with the surrounding development in terms of height, scale, massing, siting, setbacks, coverage and amount of open space; and in the case of individual applications for consent, the additional policies of Part VI, Subsection 4.4 of this Plan apply. c) The creation of new housing that is compatible with existing neighbourhoods, shall be encouraged. d) Where a proposal for residential infill is deemed to have potentially significant adverse impacts, Council may require a planning justification report by a Qualified Person, outlining how the proposed development will be compatible with the existing neighbourhood. This report shall include, but shall not be limited to, the criteria listed in Part III, Subsection a), above. The report shall determine whether these impacts can be reduced to acceptable levels and shall recommend any measures required to mitigate the adverse impacts to acceptable levels. d) Where a proposal for residential infill is deemed to have potentially significant adverse impacts, Council may require an expanded public consultation process, including additional neighbourhood meeting(s). (Section 2.5.4). The proposed development is a form of ground oriented infill residential development. Ground oriented infill development is explicitly stated above as being encouraged, provided that it is compatible with the surrounding development in terms of height, scale, massing, siting, setbacks, coverage and open space. The intent of the proposed development is to create buildings of a similar residential scale. In order to keep the townhome blocks compatible a maximum of 8 units in a block have been proposed. A significant amount of open space, natural area and amenity space will be retained on the proposed development due to the natural characteristics of the property. A pocket square is proposed that will provide intimate outdoor space for residences and visitors. Summary The proposed development is a form of residential infill ground oriented development. Ground oriented infill residential development is explicitly encouraged within the City of Burlington and is permitted within the Low Density Residential designation provided that it is compatible with the surrounding area. The proposed development at a density of 24 units per hectare and at a height and scale of two storeys can harmoniously exists with the surrounding heterogeneous nature of 52

54 the surrounding area. The proposed development is sufficiently setback from the existing shoreline as to maintain the appropriate erosion allowance. The existing shorewall is to be repaired to a like new condition as to further improve the erosion and slope stability of the shoreline. It is our opinion that the proposed development is compatible with the surrounding development in terms of massing, scale, height and setbacks and is therefore consistent with the policies in the City of Burlington Official Plan. 7.6 City of Burlington Official Plan Review In 2012, the City of Burlington initiated its 5 year Municipal Comprehensive Review of its Official Plan. During the initial stages of this process, it was recognized that while many areas in the existing Official Plan had been functioning well there were issues which needed to be addressed as part of this review. One of the requests made by Council was to review the development pressures occurring in specific neighbourhoods and establish guidelines for new developments. Character Area Studies were conducted for the communities of Roseland, Indian Point and Shoreacres. Although the subject lands are within the Shoreacres community, lands south of Lakeshore Road were not included in the study area. The area was deemed not to have the same character given the variation of lot depth, dwelling size and architectural styles. As part of these studies, general amendments to the Official Plan and comprehensive By-law 2020 were proposed in order to define certain terms such as compatible, mass and neighbourhood character. Specifically, draft official plan policy amendments were endorsed by Council relating to a revised definition of compatible : development or redevelopment which may or may not be the same as or similar to existing development, but that is capable of co-existing in harmony with, and that will not have an undue physical (including form) or functional adverse impact on, existing or proposed development in the area or pose an unacceptable risk to environmental and/or human health. Compatibility should be evaluated in accordance with measurable/objective standards, where they exist, and is divided into two types: i) Land Use Compatibility includes criteria such as, but not limited to: noise, vibration, dust, odors, air quality (e.g. odors, dust and other air emissions), traffic, safety, wind, sun shadowing, and the potential for serious adverse health impacts on humans and animals; and ii) Design Compatibility includes criteria such as, but not limited to: scale, height, massing, and articulation, architectural elements such as cladding materials, windows and type of roof, landscaping, fencing and context. The City s rationale for amending this definition is to add clarity and defensibility to the Official Plan policies which are often challenged. Based on the amended definition, the proposed development will not cause any negative impacts on the surrounding area and will be able to coexist with the surrounding area, and as such, is representative of a compatible building form. Further, this definition states that compatible does not mean the same or similar to existing development. As townhomes are not the same as the existing predominate housing form, it is up to the applicant to prove compatibility. An Urban Design Brief has been prepared which provides 53

55 more detail on the proposed development while analyzing the current and newly Council adopted policies to illustrate compatibility. Further discussion is provided in Section 9.2 of this report. 7.7 City of Burlington Zoning By-law 2020 City of Burlington Zoning By-law zones both properties R1.2 Low Density Residential. The R1.2 zone permits only detached dwellings; development standards are provided in Table 3. The lands surrounding the subject lands are similar zoned. This zone offers generous lot areas and setbacks which are consistent with lands souths of Lakeshore Road. Figure 23: Zoning By-law 2020 Mapping. Table 3: Zoning Regulations of the R1.2 Zone. Zone Lot Width Lot Area Front Yard Rear Yard Side Yard Street Side Yard R1.2 24m 925 m2 9 m 9 m With attached garage or carport- 10 % of actual lot width 9 m As the current R1.2 zone does not permit semi-detached or townhome dwellings, a Zoning Bylaw Amendment is required to rezone the lands to an appropriate zone. 8 APPLICATION SUBMISSION SUMMARY 8.1 Draft Zoning Bylaw Amendment Section 7.8 of this report discusses the current zoning of the subject lands. The proposed Zoning By-law Amendment is to amend By-law 2020 and rezone the lands from the R1.2 zone to a modified Residential Medium Density (RM2-XXX) zone. This is to permit semi-detached and townhome units as the current zoning does not allow for the proposed residential form. This Draft Zoning By-law Amendment accompanies this report as Appendix 1. The Zoning By-law Amendment also seeks site specific development standards to accommodate the development. 54

56 9 PLANNING ANALYSIS AND JUSTIFICATION It is our opinion that the proposed development is consistent with the applicable policy regime, represents sound planning principles and provides an opportunity for compatible infill development. The proposed Zoning By-law Amendment application should be approved by the Council of the City of Burlington for the following reasons: 9.1 Waterfront Trail The Official Plan requires that new development provide for the dedication of 15m wide strip to accommodate a continuous waterfront trail; these policies are discussed in Section of this report. It is important to understand the history behind this policy to determine how it should applied to future development projects reviewed by City staff: The Royal Commission on the Future of the Toronto (a Federal and Provincial initiative) was created in 1988 to look at the regeneration of Toronto s waterfront lands. This Commission was disbanded in 1992 in favour of the Waterfront Regeneration Trust Agency (WRTA), a Crown agency; The WRTA took a broader approach and looked at all waterfront lands along Lake Ontario. One of their primary objectives was to create a waterfront trail. To support the WRTA, the Waterfront Regeneration Trust Agency Act was introduced and required municipalities to implement polices to provide for a connected waterfront trail; Through this Act, Burlington s 1993 Waterfront Trail Corporate Policies were approved by Council and ultimately introduced into their Official Plan in 1997; The Act was repealed in 2010 to make way for the Open for Business Act (Bill 68) which was intended to create a competitive business climate while streamlining environmental approvals; the WRTA Act was considered an outdated statute at the time of its repeal; The WRTA is no longer a Crown agency and has become an independent charitable organization (partnered with the Province and municipalities) to help fund regeneration projects across the shores of Lake Ontario. Given that the status of the Act that required trail land dedication is no longer in-force and has been deemed outdated, the applicability of the Official Plan policies are questioned. Section i) of the Official Plan notes: A continuous Waterfront Trail will be implemented through development and/ or redevelopment along Lake Ontario and Burlington Bay where there is sufficient land between the water and a public or private road. This trail may be comprised of two components: i) a shoreline trail immediately abutting the Lake or Bay and 55

57 ii) a near shoreline trail located in the general vicinity of the Lake or Bay. The Waterfront Trail will be connected to existing waterfront public open spaces and where appropriate, other points of interest in the general vicinity of the waterfront. The word may is a defined word in the Official Plan and is defined as: there is some discretion in interpretation of, and/or flexibility in the application of this Official Plan policy. Our interpretation of this definition is that the applicability of the policy needs to be proven feasible. A review of the lots with waterfrontage shows that there is limited opportunities to create a continuous waterfront trail given existing lot depths, road patterns and the unlikelihood of major development applications triggering trail land dedication. The current waterfront trail is located along Lakeshore Road in the vicinity of Lake Ontario with access to nearby public open spaces (Paletta Park), satisfying option ii) above. Further, the City has set aside funds in the 2016 capital budget for the reconstruction of the trail to accommodate the needs of pedestrians and cyclists; construction is expected to occur in Further, it is our understanding that the City has only been able to acquire waterfront trail lands through two major developments: The Bridgewater (New Horizon development). The zoning for this development was approved in As part of the approval, a land swap occurred with the City to acquire waterfront trail lands for unused lands along Lakeshore Road. The trail lands were provided through Provincial direction of the Waterfront Regeneration Trust Agency Act. Easterbrook Townhome The zoning for this development was approved in The trail lands were provided through Provincial direction of the Waterfront Regeneration Trust Agency Act. In both cases, the trail lands were provided while the Waterfront Regeneration Trust Agency Act was in-force. Further, both developments are adjacent to significant established open space/ recreational facilities (Spencer Smith Park and Royal Botanical Gardens, respectively) allowing for immediate connections to exiting trails. This is not the case with the subject lands. Despite the acquisition of lands in the above two developments, Council has set recent precedents regarding waterfront lands they already owned. In 2013, Council approved the disposition of publically owned lands in favour of alternative forms of waterfront access. The lands in question, shown on Figure 24, are between the Market and St Paul Street right of ways. Council was presented with three options for the development of these lands: Create a parkette connecting the St. Paul and Market Street road allowances, Create a Windows-to-the-Lake at St. Paul and Market Streets and provide an exclusive use lease to the abutting land owners until needed for public use, or 56

58 Create Windows-to-the-Lake and dispose of the Waterfront parcel through sale to abutting land owners. Staff recommended Option 2 however Option 3 was approved by Council who noted that there was limited opportunity to continue waterfront access beyond this site given the residential properties to the east and west. Staff s interest for a continuous trail is understood, however the Official Plan is flexible in its policies to allow for where feasible scenarios. It is our opinion that dedication of trail lands on the subject lands would not work towards the City s objective of a connected trail system. Figure 24: St. Paul and Market Street Windows (source: Burlington Report PR-31-13) 9.2 Compatibility The proposed development is compatible with the surrounding land uses. This proposal is consistent with the dominant land use and provides a form of ground orienting housing that meets the objectives of the Official Plan. The Official Plan defines the term ground oriented housing unit in Section VIII as follows: A dwelling unit which is designed to be accessible by direct access from the ground or by means of stairways. Buildings containing ground oriented housing units usually do not exceed three storeys in height. The proposed semi- detached and townhomes are consistent with this definition as they are both accessible from the ground level and will not exceed three storeys in height. The Official Plan allows for ground oriented housing that meets the density threshold of 25 units per hectare and is compatible in terms of scale, urban design and community features of the neighbourhood. The development has a gross density of 24 uph and an urban design exercise has been undertaken to prove compatibility as defined by the Official Plan: development or redevelopment which may or may not be the same as or similar to existing development, but that is capable of co-existing in harmony with, and that will not have an undue physical (including form) or functional adverse impact on, existing or proposed development in the area or pose an unacceptable risk to environmental and/or human health. Compatibility should be evaluated in accordance with measurable/objective standards, where they exist, and is divided into two types: iii) Land Use Compatibility includes criteria such as, but not limited to: noise, vibration, dust, odors, air quality (e.g. odors, dust and other air emissions), traffic, safety, wind, sun shadowing, and the potential for serious adverse health impacts on humans and animals; and 57

59 iv) Design Compatibility includes criteria such as, but not limited to: scale, height, massing, and articulation, architectural elements such as cladding materials, windows and type of roof, landscaping, fencing and context. Land use compatibility: Planning staff have requested various reports to support the proposed development, including noise and traffic assessments. Sun/ shadow, vibration, wind and air quality reports were not deemed to be applicable. Design compatibility: The neighbourhood contains a mix of older, one-storey cottage-type bungalows, and newer two-storey dwellings which vary in architectural treatments. The modern design concept of the townhome units will not conflict with the changing nature of the neighbourhood. It should be noted that a townhome development, located at 1061 North Shore Boulevard East, was approved less than a kilometer from the shores of the Hamilton Harbour. It is zoned RM2 and designated as Low Density Residential (and is surrounded by single detached dwellings). Through this example, the City has approved an identical development with similar zoning in the same designation as the proposal by First Urban Inc. We are of the opinion that the proposed development is compatible with the adjacent neighbourhood. 9.3 Building Heights MacKay, MacKay and Peters Surveyors was retained to complete a height assessment survey of the immediate neighbourhood. Mapping and a summary of their findings have been submitted with the application package. Dwellings on Secord Lane have roof peak elevations of 90m to 94m, Blue Water Place has elevations of 89m to 95m, while Avondale Court has elevations of 86m to 92m. The finished floor elevations of the proposed townhomes shown on the preliminary grading plan are approximately 84.6m. The submitted conceptual elevations illustrate an approximate building height of 6.1m (not including rooftop mechanical) giving the proposed flat roof an elevation of 90.7m which is well within the range in the area. 9.4 Intensification and Infill Development The proposed development supports the objectives for intensification directed by the current Provincial, Regional and local policy regime. The development allows for an efficient use of land through compact infill development, and provides for a greater range of housing at a higher density. The proposal fulfills the PPS s policy direction of focusing growth and development in Settlement Areas, and the GGH s objective of prioritizing growth and intensification in the City of Burlington s Built-up Area. Further, this form of development will help the City reach its intensification targets mandated by the GGH, and allow for a form of waterfront development which is more affordable, while still being of a high quality. 58

60 The Official Plan encourages housing intensification and recognizes that due to the municipality s fixed urban boundary, the majority of future growth will be in the form of intensification and redevelopment. It is also important to recognize that this redevelopment proposes a density of 24 units per hectare, which is consistent with the Official Plan s density policies in residential Low Density areas. As such, the proposed development allows for a redevelopment form at the upper limit of the permitted density while maintaining the intent Low Density designation. 9.5 Natural Heritage The proposal provides for a development which respects the natural heritage topography of the subject lands and preserves the site s waterfront views. This development maintains the integrity of the natural landscape by removing as few trees as possible and developing shared amenity spaces which utilize the site s natural environment. Correspondence from Conservation Halton staff notes that they generally support the geotechnical assessments and proposed limits of development. The submitted Shoreline Assessment determined a 37 m Engineering Development Setback (EDS) with like new shore protection along the waterfront and has been accepted. Further, they have deemed the drainage feature along the eastern property boundary as unregulated and do not require protection. 9.6 Servicing Infrastructure This proposal provides for an intensified, residential redevelopment in area in which appropriate infrastructure and public service utilities are available. The Functional Servicing and Stormwater Management Report submitted by Odan Detech Group Inc. indicates that the proposed development will utilize existing and new municipal sewage services and municipal water services. Further, the proposed development will match predevelopment to post development design storms and will implement underground storage to maintain existing predevelopment allowable flows. A Stormceptor Unit in combination with LID s will be used to achieve the required water quality for the development due to its proximity to Lake Ontario. The sanitary and water services being offered for the new development will also accommodate the existing homes on Blue Water Place, which are currently on private services. 10 CONCLUSIONS The existing condition of both 143 Blue Water Place and 105 Avondale is one of potential. These lands, the largest blocks available south of Lakeshore Rd., offer an opportunity to create a development that is unique to Burlington while meeting the objectives of the City of Burlington and Halton Region. The original concept from Thomas Payne respected the natural heritage features and built around them understanding their importance. His vision was carried into Weston s concept site plan with the influence of the technical assessments prepared by the consultant team. 59

61 It is our opinion that First Urban Inc. s proposal represents good planning as it conforms to the policies of the Provincial Policy Statement and Growth Plan, and the Regional official Plan. Further, it supports the City s intensification targets while respecting the required maximum density. The proposed units will offer a housing form not found south of Lakeshore Rd for a target market that is under represented. It will allow those who prefer modest dwellings sizes and luxury amenities to live near the Lake without having to compromise with high-rise vertical living. We find there to be merits in the proposed development and request that the submitted rezoning application be approved by Burlington City Council. Yours Truly, Weston Consulting Per: Martin Quarcoopome, BES, MCIP, RPP Associate 60

62 APPENDIX 1 61

63 The Corporation of the City of Burlington Zoning By-law Amendment 2020.XXX City of Burlington Description A By-law to amend By-law 2020, as amended; 143 Blue Water Place and 105 Avondale Court. File No.: XXX-XX/16 Preamble WHEREAS Section 34(1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, states that Zoning Bylaws may be passed by the councils of local municipalities; and WHEREAS the Council of the Corporation of the City of Burlington approved Recommendation PB-XX-16 on, 2016, to amend the City s existing Zoning By-law 2020, as amended, to permit semidetached and townhouse units; The Council of the Corporation of the City of Burlington hereby enacts as follows: Content Part 14 of By-law 2020, as amended, Exceptions to Zone Designations, is hereby amended by adding Exception XXX as follows: 1. Part 14 of By-law 2020, as amended, Exceptions to Zone Designations, is hereby amended by adding Exception XXX as follows: Exception XXX, Zone RM2, Map 21, Amendment 2020-XXX, Enacted XXX, XX, 2016 i. Permitted Uses: Only the following use is permitted: Semi- detached dwelling, Townhouse dwelling ii. Regulations for Semi- Detached Dwelling: Maximum number of semi-detached dwellings 4 Lot Width Front Yard 6m/ unit Rear Yard 7.5m Side Yard 0m, 4.8m other side (0m abutting a fire route) 0m Page 1 of 4

64 The Corporation of the City of Burlington Zoning By-law Amendment 2020.XXX iii. Regulations Townhouse Dwelling: Maximum number of townhouse dwellings 35 Lot Width Front Yard 24m Rear Yard 7.5m Side Yard 3.4m, (0m abutting fire a route or private access easement) Yard abutting R1 zone 3.4m Density 0m Part 9, Table footnote b) shall not apply Amenity Area N/A iv. Regulations for all Dwellings: Maximum Net Density Landscape Buffer abutting R1 zone Covered or uncovered porch encroachment 1.2m 25 units per ha. Below Grade Parking Structure Setback from Property 1.0m Lines Height 2 Storeys, 6.5m Landscape Area abutting as street upto 26m in width Minimum Distance between Buildings Minimum Residents Parking Minimum Visitor Parking 0m N/A 3m 2.0 spaces per unit 0.5 spaces per unit Except as amended herein, all other provisions of this By-law, as amended, shall apply. 2. Zoning Map Number 21 of Part 15 to By-law 2020, as amended, is hereby amended as shown on Schedule A attached to this By-law. 3. The lands designated as Area A on Schedule A attached hereto are hereby rezoned from R1.2 to RM2-XXX. 4. 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. Page 2 of 4

65 The Corporation of the City of Burlington Zoning By-law Amendment 2020.XXX 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 XX day of XXX, Enactment Mayor Rick Goldring City Clerk Angela Morgan Page 3 of 4

66 The Corporation of the City of Burlington Zoning By-law Amendment 2020.XXX Explanation of Purpose and Effect of By-law By-law 2020.XXX rezones lands at 143 Blue Water Place and 105 Avondale Court from R1.2 to a modified RM2-XXX zone to permit the development of 39 two storey residential condominium semi- detached and townhouse units. For further information regarding By-law 2020.XXX, please contact XXX of the City of Burlington Planning & Building Department at (905) , extension XXXX. Page 4 of 4

67 The Corporation of the City of Burlington Zoning By-law Amendment 2020.XXX N AREA 'A' to be rezoned from R1.2 to RM2-XXX 'Detail' 'A' See Detail SCHEDULE 'A' TO BY-LAW XXX AMENDING MAP NO. 21, BY-LAW 2020 AS AMENDED. PASSED THE DAY OF MAYOR CLERK Planning and Building Department Development and infrastructure Division