Development Approval & Planning Policy Department

Transcription

1 DP To: From: Mayor and Members of Council Development Approval & Planning Policy Department Meeting: Subject: Proposed Official Plan and Zoning By-law Amendment Applications King Station Facility Inc King Street West Part of Lot 8, Concession 6 (Albion), Ward 5 Southeast Corner of King Street West and Station Road, Bolton File No's. POPA & RZ RECOMMENDATIONS That Report DP regarding proposed Official Plan and Zoning By-law Amendment Applications, King Station Facility Inc., King Street West, Part of Lot 8, Concession 6 (Albion), Ward 5, Southeast Corner of King Street West and Station Road, Bolton, File No's. POPA & RZ 08-14, be received; and That the Mayor and Clerk be authorized to execute Minutes of Settlement in regard to the proposed Official Plan Amendment (POPA 08-07) being Official Plan Amendment Number 246 attached as Schedule D and proposed Zoning By-law Amendment (RZ 08-14) attached as Schedule E as outlined in Report DP or as modified to the satisfaction of the Director of Development Approval and Planning Policy in consultation with the Town s Solicitor; and That Town staff be authorized to continue to act on behalf of the Town going forward for the proposed Official Plan Amendment (POPA 08-07) and Zoning By-law Amendment (RZ 08-14) before the Ontario Municipal Board, as outlined in Report DP , in accordance with the usual course of an Ontario Municipal Board matter. EXECUTIVE SUMMARY Official Plan and Zoning By-law amendment applications were filed in August, 2008 to permit the development of a mixture of apartment dwellings and townhomes on a 2.6 hectare site located at the southeast corner of King Street West and Station Road in Bolton. The applications were appealed to the Ontario Municipal Board in 2009 due to a lack of a decision by Council within the time period allotted by the Planning Act. A hearing took place in December, 2009 which rendered a decision on January 15, 2010 to approve the development concept proposed at that time, in principle. The board withheld its final Order until Official Plan and Zoning By-law amendment documents were revised to reflect the findings of the Board and brought back to the Board for approval. Since the 2009 hearing, the subject lands were acquired by new owners (King Station Facility Inc.) who in September, 2013, submitted revised Official Plan and Zoning By-law amendments and a new application for Site Plan Approval. The revised and current proposal now consists of 61 common-element condominium townhouse units and a seven-storey, 140-unit senior s retirement residence. The revised submission has been circulated to internal departments and external agencies for review and comment and a Page 1 of 13

2 DP Public Meeting was held for the updated proposal on October 1, The applications have been reviewed in the context of Provincial, Regional and Town planning policy and the comments received through circulation and public consultation have been taken into consideration. Based on this review, staff has no objection to the approval of the revised applications. Because the Official Plan and Zoning By-law amendments remain the subject of an unresolved appeal, these applications must return to the Board for a final Order as per the 2010 decision. Town staff and the applicant are proposing to jointly refer the Official Plan and Zoning By-law amendments (see Schedules D and E respectively) back to the Board for approval. Town staff will continue to work with the applicant on the detailed design of this development through the Site Plan Application and staff will process the necessary draft Plan of Subdivision and draft Plan of Condominium applications once received. DISCUSSION Purpose (background) The purpose of this report is to advise Council of the updated development proposal that has been received since the January, 2010 Board decision and to seek Council authorization on the settlement of proposed Official Plan Amendment (POPA 08-07) being Official Plan Amendment Number 246 (OPA 246) attached as Schedule D and Zoning By-law Amendment (RZ 08-14) attached as Schedule E. The subject site consists of two consolidated residential lots which have a combined area of 2.6 hectares, with 150 metres of frontage on King Street West and 145 metres of frontage on Station Road (see Schedule A Location Map). The site contains two vacant residential dwelling units. Townhouse dwellings exist to the east of the subject lands, with detached houses to the south and further to the west. The property on the north side of King Street is vacant and undeveloped. The site is bowl shaped with a steep hill (part of a remnant valley form) on the south and a lesser one on the west and there is approximately a 20 metre descending grade change from south to north. Official Plan Amendment (POPA 08-07) and Zoning By-law Amendment (RZ 08-14) applications were submitted on August 15, 2008 which proposed the development concept consisting of 122 apartment units within two apartment buildings and 78 townhouse dwelling units. These applications were appealed to the Ontario Municipal Board (OMB) in 2009 due to a lack of a decision. The applications were the subject of an extensive planning evaluation that included two Public Information Meetings and ultimately culminated with a four-day OMB hearing in December, Particular matters discussed at this hearing included the number of permissible units for the site, building height limitations, location and extent of the proposed retaining walls with respect to the Environmental Policy Area (EPA) lands and associated EPA encroachment, traffic and environmental impacts. The result of this hearing was the Board s approval in principle of the development concept proposed at that time, subject to the implementing amendment documents being refined as per the recommendations of the Board decision and returned to the Board for final approval. These amendments were never finalized and the site has since been acquired by a new landowner group who is proceeding with a revised development proposal. Refer to Schedule B for additional information regarding the development proposal history for the subject site. Page 2 of 13

3 DP Revised Submission On September 12 and September 26, 2013, The Town received a revised development proposal submission from new owners of the subject property (King Station Facility Inc.) which included revised Official Plan Amendment (POPA 08-09) and Zoning By-law Amendment (RZ 08-14) applications. The revised development proposal now consists of 61 townhouse units configured within 9 townhouse blocks as well as a seven-storey senior s retirement residence containing 140 units. The retirement residence will be independent from the townhouse units and will include a two-level underground parking area providing 81 parking spaces. Access to the townhomes will be provided on King Street West while access to the retirement residence will be situated on Station Road (see Schedule C proposed Site Plan). The applicant has indicated that the retirement residence intends to provide three levels of accommodation and care which consists of independent living units, assisted living units (i.e. additional healthcare and home-care services) and respite care units (i.e. units dedicated to short-term stay after a hospital visit). In addition, the retirement residence is proposing to provide various common amenities and services including, fitness facilities, indoor pool, dining area, theatre, medical treatment and housekeeping services. Required Approvals Official Plan Amendment: The purpose of the revised Amendment is to modify the existing High Density Residential and Environmental Policy Area designation boundaries to reflect the proposed development and to modify the current site-specific policy found under the Bolton Rural Service Centre Policies. The intent of this amendment is to implement the January 15, 2010 decision of the OMB with respect to the subject applications while facilitating the updated development proposal submitted by the current owners. The proposed designation boundaries are consistent with the designation boundaries that were approved by the Board in The proposed site-specific policy modifications will permit an additional one-storey increase from the current building height limitation. This is consistent with the Board decision which permitted an additional one-storey height increase for a multi-storey building adjacent to Station Road. The amendment also proposes to modify the density policy to limit the maximum number of units for the site to 201 dwelling units (see Schedule D - proposed Official Plan Amendment 246). Zoning By-law Amendment: The purpose of this amendment is to re-zone the subject lands to: Institutional Zone (I) with Exceptions to permit the proposed seniors retirement residence on the northwest corner of the property with specific zone exceptions regarding height restrictions, parking and density requirements; Townhouse Residential (RT) zone with Exceptions that are specific to the proposed townhome development; and Environmental Policy Area 1 (EPA1) zone with Exceptions that will only permit environmental management (i.e. restoration and maintenance of vegetation) and erosion control measures such as drainage swales and retaining wall systems. The permitted uses for the EPA1 Exception Zone are consistent with the 2010 OMB decision which directed that environmental management and flood & erosion control uses are permitted in the implementing Zoning By-law. To ensure that the proposed retaining wall construction and site alteration are completed in a satisfactory manner with encroachment in the EPA area being kept to a minimum, a zone standard has been applied to the EPA1 Zone in this location that will only permit any vegetation disturbance Page 3 of 13

4 DP or site alteration within the EPA area in accordance with a grading plan and vegetation management plan that have been approved by the Town and the TRCA (see Schedule E proposed Zoning By-law Amendment). Site Plan Approval: The proposed development (both the townhouse dwellings and the retirement residence) will require site plan approval prior to the issuance of building permits. An application for Site Plan Approval was submitted with the revised Official Plan and Zoning By-law amendment applications in September, This application is in advanced stages of review and Town and agency staff will continue to work with the applicant to review site details such as grading, stormwater management, urban design, landscape planting details as well as the detailed structural engineering design of the proposed retaining walls. Draft Plan of Subdivision and Condominium Approval: The townhouse units will be a common-element condominium ownership tenure and the retirement residence will be owned and managed separately from the townhouse condominium. The applicant will therefore be filing a Draft Plan of Subdivision application for the subject site which will create separate blocks for the townhouse clusters, a retirement residence block and an EPA block. A Draft Plan of Condominium application will also be submitted which will define the common-element components of the townhouse development. The common elements will consist of the internal road, sanitary water and storm-sewer services and the EPA lands. Through the registration of these plans, any necessary easements will be implemented between the retirement residence and townhouse development with respect to servicing, emergency access and maintenance. Application Review In support of the revised development proposal, updated plans and reports have been submitted with the revised applications. The revised submissions have been reviewed by internal departments and external agencies which is discussed below: Servicing and Stormwater Management Functional Servicing and Stormwater Management reports submitted with the revised applications determined that full municipal water, sanitary and stormwater drainage services are available to serve the proposed development. Both the retirement residence and townhouse complex will be serviced by the existing sanitary sewer, water supply and storm drainage infrastructure along King Street West which has adequate capacity for the site. In reviewing the proposed servicing for this development, the Region, Town and TRCA have no concerns regarding the approval of the Official Plan and Zoning Bylaw amendments with respect to the proposed servicing and stormwater management approach. Technical comments regarding the proposed servicing design for the site are being addressed through the Site Plan application. Traffic A Traffic Impact Study has been provided which examined both existing and future traffic volumes for the existing road network surrounding the subject site and how the additional traffic generated by the proposed development will affect this road system. The study also evaluated the adequacy of site distance measurements at the proposed access locations. The study determined that the existing road network can accommodate the proposed development, provided that various entrance improvements are made to the King Street and Station Road access locations. These entrance improvements include additional turning lanes to be constructed at the King Street entrance to the townhome complex and a relocation of an existing armour stone Page 4 of 13

5 DP retaining wall along Station Road to improve sight-line distances for the retirement residence access. The Region is satisfied with the recommendations of the Traffic Impact Study for the purposes of the Official Plan and Zoning By-law amendment. The Town s Public Works department has reviewed the Traffic Impact Study and is satisfied with the proposed retirement residence access on Station Road, provided that the existing retaining wall along Station Road is relocated as per the study recommendations. This is being implemented through the Site Plan approval process. Parking A total of 81 parking spaces are proposed within two below-grade parking levels in the retirement residence. The Zoning By-law requirement for parking spaces for a Seniors Retirement Facility is the same as that for an Apartment Building, being 1.5 spaces per unit, plus 0.25 spaces per unit for visitor parking (i.e spaces per unit). The 140-unit retirement residence would therefore require a total of 245 parking spaces. This exceeds the 81 spaces proposed, which amounts to 0.57 spaces per unit. The 81 parking spaces provided will include resident, visitor and staff parking and 9 of the 81 parking spaces will be accessible spaces. The applicant has submitted a Parking Rationale Review which examines the appropriateness of the number of parking spaces proposed for the senior s retirement residence. The study considers the types of residency provided (i.e. independent living, assisted living and respite care) together with the maximum of 21 staff members that would be on-site during the day to operate the facility. The study concludes that the proposed parking for the retirement residence is appropriate due to the services and amenities available within the facility (i.e. dedicated shuttle bus service for residents, inhouse medical services and recreation amenities) which will significantly lessen the need for residents to own a vehicle. In addition, the report states that the facility is oriented to a senior demographic which tends to have lower automobile ownership in comparison to a typical apartment residential setting and therefore supports a lower parking supply. In reviewing this submission, staff requested additional information on parking provided in existing comparable retirement facilities in the GTA with similar locational characteristics (i.e. limited access to public transit). The consultant provided comparable sites in the GTA with limited public transit access that were constructed between 2000 and These examples provided an average parking supply ratio of approximately 0.5 spaces per unit, with some sites being as low as 0.3 spaces per unit. The parking supply ratios for these comparable sites included parking provided for all residents, staff and visitors. In addition, staff has examined the Zoning By-law requirements of other municipalities within and outside of the GTA with urban areas similar to Bolton (i.e. limited transit access and similar population size). The majority of municipal Zoning By-laws reviewed require a minimum of 0.5 spaces per unit within a retirement residence which is consistent with proposed zoning for this development. Based on these submissions, staff is of the opinion that the parking supply proposed for the retirement facility is appropriate as it is consistent with other retirement residence facilities in the GTA. With respect to the townhomes, the Town s development standards do not apply to this development as it will be a common-elements condominium and will be privately owned and maintained. Since the Town will not assume or maintain the roads within the condominium, the Town permits a reduced road right-of-way width of 6 metres (19.68 ft.) which will accommodate emergency access vehicles and meets Building Code Page 5 of 13

6 DP requirements for fire access routes. On-street parking is therefore prohibited within this development. The Zoning By-law requires parking to be provided at a rate of 2 parking spaces for each townhouse dwelling unit and an additional 0.25 spaces per unit for visitor parking. 49 of the proposed townhouse dwellings will have a double car garage with the ability to park one car in the driveway (3 parking spaces per unit) while the remaining 12 units will have single-car garages (2 spaces per unit). The applicant is proposing an additional 13 visitor parking spaces exclusive to the townhouse condominium development whereas the Zoning By-law requires 16 spaces. The proposed development does not meet the visitor parking space requirements of the Zoning By-law and will be required to provide three additional visitor spaces as part of the site plan approval process. To ensure that the private garage spaces maintain sufficient parking area, a condition may be added to the draft plan of condominium approval to this effect. This condition would state that the Condominium Declaration and the Rules of the Condominium include a clause requiring that the garage space for each dwelling unit be used for parking and not entirely for storage. Snow Storage Areas for snow storage within the townhome development have been identified on the submitted Site Plan. The townhome complex will be under common-element condominium tenure. Therefore, snow removal will be the responsibility of the condominium management corporation. To ensure that snow removal is adequate and storage does not accumulate beyond designated areas and thus impede parking and the private roads, a condition of a Draft Plan of Condominium approval will require that the owner agrees to maintain arrangements for snow removal and off-site transport as needed. Geotechnical Conditions and Slope Stability Geotechnical investigations were completed in 1997, 2013 and 2014 to determine the subsurface conditions in order to provide the necessary recommendations for the design and construction of the proposed development. The analyses consisted of borehole investigations and detailed engineering evaluations of slope stability. The reports determined that the current slope conditions are considered to be stable for the longterm and appropriate for the proposed development. The reports provided technical recommendations for the detailed design and construction of the proposed buildings, including retaining wall construction. TRCA is satisfied with the analysis and recommendations provided within the submitted reports. Retaining Wall Design and Construction Retaining walls of various heights are proposed around the southern periphery of the proposed townhouse development, along the proposed EPA boundary. The 2010 OMB Decision established the principle for the subject property to allow retaining walls within the EPA lands and some form of construction encroachment within the EPA. The Board found that retaining walls are an essential component of the development of the lands and to the securement of the EPA and as such, considered them to be essential infrastructure and a permitted use in the EPA at this location. The retaining wall and grading design proposed at that time involved substantial wall coverage around the southern portion of the site, in terms of both the wall height (up to 10 metres in some locations) and lateral extent along EPA boundary. An encroachment into the EPA was anticipated to an extent of 3 metres to allow for the wall construction Page 6 of 13

7 DP and associated wall support mechanisms, which was deemed to be sufficient based on a vertical concrete wall construction approach at the time. The current proposal has been revised and improved from the previous design considered by the Board. The current submission reduces the extent of the retaining walls in terms of both their height and lateral distance along the EPA area. The maximum retaining wall height at the south-west portion of the site is approximately 4.1 metres (13.6 feet) while the maximum height at the south-east corner will be approximately 5.9 metres (19.4 feet). To achieve this reduced retaining wall coverage for the site, a greater encroachment into the EPA area is needed for both construction and support structures. The central area along the southern EPA boundary will not have a retaining wall but will require more substantial grading and restoration into the EPA area match existing peripheral grades and achieve a stable slope. The overall EPA area will be enhanced through extensive planting and restoration which is being reviewed by TRCA and Town staff through the Site Plan Application. Because the retaining walls and slope stability remain an essential component for the proposed development, staff requested a Retaining Wall Design Brief document to provide further information and recommendations regarding the proposed wall construction. This document considered the feasibility of various types of wall construction for specific areas of the site, based on soil conditions, constructability, future maintenance access requirements and potential impacts to surrounding features and neighbouring lands. In addition, a detailed structural design by a structural engineer will be required as part of the Site Plan Application process. The Town has retained a structural engineering consultant to review the proposed retaining wall design. The peer review confirmed that the Design Brief is satisfactory and the retaining wall types recommended for the site (i.e. tiered armour stone walls and pile/panel wall systems) are appropriate, based on site conditions and future maintenance access requirements. The consultant will also undertake a peer-review of the detailed structural design submission as part of the Site Plan Application process. Environmental Features Questions regarding ecological connectivity through the site as well as the status of the Jaffrey s Creek watercourse which traverses a small northwest section of the site were carefully considered through the 2008 application submission and review. An Environmental Impact Study (EIS) was submitted in 2008 which examined potential wildlife usage, movement linkages and corridors through this site within the historic valley corridor. The study determined that the issue of wildlife movement and linkage opportunities through the site is not significant, given that the historic valley corridor function for this portion of Bolton has been impacted for many decades due to existing development. The study recognized that the subject area exhibits common and ubiquitous wildlife typical of suburban areas which is adaptable to suburban impacts (i.e. colonizes in landscaped/naturalized areas within urbanized environments). The study also determined that the rear landscaped/naturalized portion of the site will provide sufficient opportunity for wildlife movement through the site. More recently, the applicant has submitted an Environmental Impact Study Species at Risk update in 2014 to determine if any species observed on or surrounding the site are listed under the Species at Risk Act (2002) or the Endangered Species Act (2007). None of the species observed on or immediately surrounding the site are listed as federal or provincial species at risk. TRCA has accepted the conclusions and recommendations provided in these reports. Page 7 of 13

8 DP With respect to the portion of the Jaffrey s Creek watercourse which traverses a small northwest section of the site, TRCA has reviewed the ecological significance of this area and determined that although it is a vegetated area of the property currently designated EPA in the Official Plan, it has limited ecological value and is not a watercourse; it does not provide direct or indirect fish habitat and does not provide significant wildlife habitat. This information was presented to the OMB at the hearing and the Board accepted these findings. Urban Design In accordance with the Town s Official Plan and the location of the development, the proposed development is required to display a high standard of landscaping and urban design through the Site Plan application. The applicant has provided an Urban Design Brief which examines the proposed development in the context of the Official Plan policies and the Bolton Landscape & Streetscape Plan. Various components of the proposed development, including architectural, landscaping and pedestrian circulation elements are evaluated in the Design Brief for consistency with applicable design policies and guidelines. The Town retained the services of a Control Architect to review this document and the architectural submission as part of the Site Plan application. This review has determined that the proposed development is generally satisfactory in terms of urban design, architectural design and building height. Technical comments regarding architectural design are being addressed through the Site Plan application. Building Height The height of the proposed buildings has been carefully reviewed through the course of the site s application history. The current Official Plan policy (Section ) provides a maximum building height, exclusive of rooftop mechanical units, ornamental features, etc., of one storey above the grade elevation of the top of the valley ridge at the south property boundary. This would equal a maximum building height of 6 storeys, at an elevation of approximately 255 metres (geodetic elevation above-sea-level). At the 2009 hearing, a further one-storey increase was sought above the current maximum building height allowance. This would then equal a maximum permissible building height of seven storeys, to an elevation of approximately 258 metres. In reviewing this issue, the Board determined that an increase in building height for this portion of the site is not significant and will not have any adverse impacts on surrounding lands, given the openness of the area, the higher location of abutting properties, wide sight lines and the distance separation from other uses. The retirement residence currently proposed is seven storeys in height which is consistent with 7-storey maximum height permission granted by the Board. However, because of the different architectural design of the building as well as the inclusion of a second below-grade parking level, the elevation of the top of the building is now metres which exceeds the actual height elevation previously contemplated by the Board. Schedule F to this report includes photos of the subject lands with renderings of the proposed retirement residence taken from the perspective views of the residences at the top of the valley ridge at the south property limit. These renderings provide a visual assessment of the proposed building height relative to the surrounding landscape. In addition, shadow modelling plans were provided in support of the proposed buildings which demonstrated that the site will not have significant shadowing effects on surrounding residences throughout the year. In reviewing the submissions from the applicant, staff is of the opinion that the proposed building height for the retirement residence is appropriate and consistent with the Page 8 of 13

9 DP January, 2010 Board decision with respect to this matter. The building height will not cause significant shadowing impacts on nearby uses and will not cause an increased impediment to the views from surrounding properties as these views would already be obstructed if a building was to be constructed according to the current height permissions of the existing policy. Policy Framework 2014 Provincial Policy Statement (PPS) The Provincial Policy Statement contains policies with respect to promoting efficient development and land use patterns in order to create healthy, liveable and safe communities and providing for an appropriate range of housing types and densities to meet requirements of current and future residents. The PPS also speaks to focusing development to settlement areas and land use patterns based on densities which efficiently use land and resources, have a compact form, efficiently use infrastructure and support active transportation, land use compatibility, stormwater management and natural heritage and water. After reviewing the material submitted with the application, staff is of the opinion that the proposed development is consistent with the PPS, Region of Peel Official Plan The proposed Plan is located within the Bolton Rural Service Centre as shown on Schedule D of the Region of Peel Official Plan. The proposed townhome complex and retirement residence development is consistent with the goals and objectives for Rural Service Centres as set out in the Regional Plan. The Region of Peel has provided technical comments on the proposed development which are being addressed through the Site Plan Application and the Region has no objection to the proposed Official Plan and Zoning By-law amendments. Town of Caledon Official Plan The subject site is located within the Bolton Rural Service Centre as shown on the Town of Caledon Town Structure Schedule A1 in the Caledon Official Plan. Rural Service Centres are Settlement Areas that are to be the focus of future growth where the majority of new residential and employment development will be concentrated (Section 2.2.2b).The Bolton Rural Service Centre policies intend to recognize Bolton s role in servicing the surrounding rural area and smaller settlements, in addition to providing new housing mix and employment opportunities (Section ). The site is designated High Density Residential and Environmental Policy Area (EPA) on the Bolton Land Use Plan Schedule C. These designations were established through the approval of Official Plan Amendment 137 by the Ontario Municipal Board in October, 1997 which also included site-specific policies regarding density, height restrictions (not to exceed one storey above the top of the valley ridge to the south) and high standards of urban design, landscaping and streetscaping (Policy ). The intent of this amendment application is to implement what was previously decided upon by the OMB in the December, 2009 hearing for this matter and to reflect the current development proposal. The January, 2010 OMB Decision directed the Town to modify Official Plan and Zoning By-law amendments that would implement the revised EPA boundary, permit High Density Residential uses to facilitate the Townhomes and apartment units contemplated by the Board and allow environmental management and flood and erosion control uses within the EPA area. The Board also specifically directed Page 9 of 13

10 DP the Town to allow retaining walls within the EPA as they are considered essential infrastructure in this location. The proposed Official Plan Amendment application seeks to amend the current sitespecific policies as follows: 1) Modify the maximum density requirements and permit a retirement residence and townhouse dwelling units within the High Density Residential designation for the subject lands; 2) Modify the existing policy with respect to maximum building height that will have the effect of permitting the proposed retirement residence and directing the Zoning By-law to provide clear and specific building height provisions; and 3) Refine the current High Density Residential designation boundaries to implement the 2010 OMB decision and reflect the proposed development. Environmental Policy Area The majority of the subject site is designated Environmental Policy Area (EPA). The EPA includes all Natural Core Areas and Natural Corridors and is part of the Town s ecosystem planning strategy (Section 5.7.1). The EPA designation permits legally existing residential and agricultural uses, a building permit on a vacant existing lot of record, non-invasive recreational uses and essential infrastructure (Section ). Major modifications to the limits of EPA designation areas, including major additions or deletions, shall only occur through an amendment to the Plan (Section ). The proposed development will create a permanent naturalized edge for the site and the proposed retaining walls will maintain the slope stability of the EPA lands. The allowance for retaining walls and associated structural components within the EPA lands was considered by the Board and was deemed to be appropriate at this location, given that the walls are critical elements to the proposed development and maintaining the EPA area in a naturalized state. The Board therefore determined that retaining walls in this location are essential infrastructure which is permitted in the EPA designation (Section ). Housing Policies The Housing policies of the Official Plan promote a diverse mix of housing types and tenure in order to meet the current and future needs residents, including the needs of people through all stages of their lives (Section ). The policies also encourage all forms of residential intensification in built-up areas with existing infrastructure and community services. The proposed development offers housing types that enhance the housing mix availability in the area and will also introduce housing opportunities for the elderly within the Bolton Rural Service Centre. The proposed development also represents a form of intensification for an underutilized, fully-serviced site within an existing built-up area of Bolton. Staff is of the opinion that the proposed Official Plan and Zoning By-law amendments are in keeping with the policies of the Town s Official Plan. Financial Implications The subject lands are comprised of two separately assessed properties as listed below: Page 10 of 13

11 DP Roll No This property is currently assessed as residential ($1,260,500 CVA). The Town s share of taxes levied, based on the current value assessment is approximately $4,719. The property tax account as at October 6, 2015 is current. Roll No This property is currently assessed as residential ($462,500 CVA). The Town s share of taxes levied, based on the current value assessment is approximately $1,732. The property tax account as at October 6, 2015 is current. If the rezoning and redesignation of the subject property is approved to permit the development of condominium townhouse units and a senior s retirement residence, the taxable assessment value of the properties would change to reflect the change in usage and the development that occurs. Any proposed development, would be subject to the following development charges: Town of Caledon Region of Peel Education GO Transit Total DC's (standard) Rates per Unit Per Unit Apartment (> 70 m2) $16, $29, $4, $ $50, Apartment/Small Unit (<= 70 m2) $9, $19, $4, $ $33, Townhouses $19, $39, $4, $ $63, Bylaw Region Bylaw New Bylaw 1Jul14 Region Bylaw All development charges are payable prior to issuance of a building permit. Effective February 1, 2016, the Region of Peel will start collecting hard service development charges (i.e. water, wastewater and roads) directly for residential developments, except apartments, at the time of subdivision agreement execution. Applicable Legislation and Requirements Planning Act, R.S.O c.p.13, as amended Provincial Policy Statement (2014) Growth Plan for the Greater Golden Horseshoe, 2006 Region of Peel Official Plan Town of Caledon Official Plan Zoning By-law No , as amended Zoning By-law No , as amended. CONSULTATION Agency/Department Consultation The subject applications were circulated to external agencies and internal departments for review and comment. All agencies and departments support the approval of the Official Plan and Zoning By-law amendments while remaining technical comments are being addressed through the Site Plan application. Page 11 of 13

12 DP Public Consultation Statutory public meetings were previously held for these applications in accordance with the requirements of the Planning Act on March 11, 2009 and December 2, The comments received at those meetings were considered as part of the previous submission review which ultimately went before the Board. Because of the extent of time that has passed since these meetings were held, along with the revised development proposal, a recent public meeting was held on October 1, Land owners who had expressed written interest in the initial submission review process were provided notice of this meeting by direct mail, in addition to the typical circulation requirement to landowners within 120 m (400 ft.) of the subject lands who were also notified of this meeting. An advertisement was also placed in the Caledon Citizen and Enterprise newspapers on September 11, In addition, the applicant held an informal community open house at the Albion Bolton Community Centre on September 24, The applicants provided notice of this meeting by delivering a notice to residents within 120 metres of the subject property. The following items were raised at the October 1 st, 2014 Public Meeting: Comment: Different building material colours should be considered to match the existing brick buildings in the downtown core. Response: Architectural details are being reviewed through the Site Plan application and the Control Architect has reviewed the proposed building material colours in consideration of the surrounding built environment and proximity of the site to the historic core. The proposed building materials and colours are appropriate for the subject site and surrounding built environment. The retirement residence includes red brick which is consistent with the built form of the area. Comment: Concerns regarding the proposed retaining construction and possible impacts to surrounding lands. The proposed retaining wall design and construction must be carefully reviewed by the Town. Response: The review being undertaken by the Town and TRCA has been discussed in the previous Retaining Wall Design and Construction section found on pages 6 and 7 of this report. Comment: concerns regarding the proposed access on Station Road in terms of sight line distances. Response: The Traffic Impact Study recommended that the existing armour stone retaining wall along Station Road be relocated further into the property to improve sightline distances for the retirement residence access. The Public Works department has reviewed this document with respect to this issue and accepts the proposed retaining wall relocation. Question: Are sufficient parking and snow storage areas being provided within the site. Response: The review of the proposed parking and snow storage areas has been discussed in the previous parking and Snow Storage sections on pages 5 and 6 of this report. Comment: Rooftop mechanical units on the retirement residence should be adequately screened for visual and noise impacts. Page 12 of 13

13 DP Response: Appropriate screening of the rooftop mechanical units for the retirement residence for both visual and acoustical purposes will be implemented through the Site Plan and Building Permit application processes. COMMUNITY BASED STRATEGIC PLAN Strategic Objective Goal 2: Complete Our Community of Communities. Strategic Objective 2C- Promote Aging in Place and Community. Strategic Objective 2D- Manage Growth and Use Land Wisely. Strategic Objective 2E- Provide a High Quality Public Realm. NEXT STEPS 1. The Mayor and Clerk will execute the Minutes of Settlement as possibly modified by the Director of Development Approval and Planning Policy in consultation with the Town s Solicitor. 2. Development Approval and Planning Policy staff will notify the Ontario Municipal Board of the settlement and request that a one day settlement hearing be scheduled. 3. Development Approval and Planning Policy staff will post the decision of the Ontario Municipal Board and approved documents on the Town s website. 4. Development Approval and Planning Policy staff will continue working with the applicant to finalize the Site Plan Application. 5. Development Approval and Planning Policy staff will process Draft Plan of Subdivision and Draft Plan of Condominium to be submitted by the applicant. ATTACHMENTS Schedule A Location Map Schedule B Summary of Development Proposal History Schedule C Proposed Site Plan Schedule D Proposed Official Plan Amendment (OPA 246) Schedule E Proposed Zoning By-law Amendment Schedule F Perspective Site Renderings from South Property Boundary Prepared by: Brandon Ward Approver (L1): Casey Blakely Approver (L2): Mary Hall Approver (L3): Carey degorter Approver (L4): Laura Johnston Approver (L5): Page 13 of 13

14 ³ SACKVILLE ST QUEEN ST S Schedule 'A' to Development Approval and Planning Policy Report DP Page 1 of 1 TOMEL CRT DE ROSE AVE DOEPATH WAY BAMBI TRAIL DEER VALLEY DR FOUNDRY ST HILLTOP CRT VALLEYVIEW CRT HESP DR GLASGOW RD HICKMAN ST TERRASTONE CRT KING ST W ANN ST TIMOTHY ST Subject Property STATION RD CONNAUGHT CRES DALTON ST JANE ST NANCY ST ELIZABETH ST ELLWOOD DR W WAKELY BLVD PLUMMER RD ROLLING HILLS LANE RIDGE RD RIDGEBANK CRT RAIL LINE RR STATIONVIEW PL ³ WILLIAM ST Application for Official Plan Amendment and Zoning By-law Amendment POPA and RZ Weston Consulting, on behalf of King Station Facility Inc. Part of Lot 8, Concession 6 (ALB), Parts 1, 2 & 3 on Plan 43R and Parts 1, on Plan 43R-9937 Town of Caledon Region of Peel LOCATION MAP Date: September 2014 File No.: POPA RZ 08-14

15 Schedule 'B' to Development Approval and Planning Policy Report DP Page 1 of King Street West, Bolton SUMMARY OF DEVELOPMENT PROPOSAL HISTORY POPA 08-07, RZ and SPA YEAR EVENT COMMENT 1996 November, 1996: Official Plan and Zoning By-law Amendment applications submitted (POPA and RZ 97-02) 1997 Public Meetings held on March 19, 1997 and August 13, Present September 22, 1997: Caledon Staff Report (97-34) adopted by Council OMB Hearing held on September 29, 1997: Official Plan Amendment 137 Approved (OMB Decision on October 9, 1997) OPA 137 Approval remains in effect and the approved policies are included in Section of the current Official Plan Proposal for two nine-storey condominium buildings containing a combined 250 residential units, including a common two-level underground parking area. Applicant referred these applications to the Ontario Municipal Board Proposal reduced to seven storey building height based on public concerns regarding the initial nine-storey proposal. Council supported a revised development proposal which consisted of a reduced building height to approximately five to six storeys, where the top building height elevation would be equal to the ground elevation at the rear of the adjacent lots on Rolling Hills Lane (i.e. 252 metres) Approved the development concept of 200 apartment dwellings in two six-storey buildings. Re-designated approximately 50% of the property for High Density Residential (HDR) development. The remainder of the property was designated Environmental Policy Area (EPA) which reflects the existing valley slopes on the southern and western portions of the property. EPA designation prohibits development and site alteration. OPA 137 implemented a maximum net density of 156 units per net hectare, based on the area proposed for residential uses exclusive of public rights-ofway, parks, EPA and OS areas. Building heights shall not exceed one storey above the top of the valley ridge, exclusive of rooftop mechanical units. The Board withheld its final order on the associated Zoning By-law Amendment and Site Plan Applications pending verification from the Town that all final details of the development have been addressed. Final drafts of the Zoning By-law Amendment and Site Plan Applications were advanced but never finalized from the 1997 Board decision. When this requested verification was not received within the prescribed time period allotted by the Board, the appeals for these applications were dismissed. The result of the 1997 OMB proceedings means the property still contains sitespecific policies that would permit approximately 200 high density residential units (apartments/townhouses) within a specified development envelope, subject

16 Schedule 'B' to Development Approval and Planning Policy Report DP Page 2 of King Street West, Bolton SUMMARY OF DEVELOPMENT PROPOSAL HISTORY POPA 08-07, RZ and SPA YEAR EVENT COMMENT to height restrictions (not to exceed one storey above the top of the valley ridge to the south) and high standards of urban design, landscaping and streetscaping August 15, 2008: proposed Official Plan and Zoning By-law Amendment applications (POPA and RZ 08-14) submitted on behalf of a different developer group from the 1997 parties April 17, 2009: applicants appealed the Official Plan and Zoning By-law amendment applications to the OMB due to a lack of a decision on these applications by Caledon Council within the 180-day period prescribed by the Planning Act. November 11, 2009: Staff report (PD ) brought to Council. November 25, 2009: Revised development concept submitted Proposed development concept consisting of 122 apartment units within two 6- storey buildings situated near the King Street West and Station Road intersection and 78 townhouse units on the balance of the developable area of the site: o Townhouse units consisted of back-to-back units internally within the site and three-storey units adjacent to the south and east EPA lands. The rear walls of these units would function as retaining walls up to 10 metres in height. Amenity deck areas would be provided above the parking garage. o Development proposed increased development area from what was approved by the Board in 1997 with a significant excavation encroachment into the valley slope areas on the southern and western portions of the site. Through the OMB proceedings, revised development concept proposals were provided to the Town in November, 2009 in an effort to resolve many of the concerns expressed with the initial submission. Staff report did not support the applications, particularly due to the scale of the proposed encroachment of development into the EPA-designated lands on the property and significant alterations to the valley slopes. November 25, 2009 revised development concept consisted of the following: 147 apartment units and 53 townhouse units. A reduced the development envelope area from the 2008 submission which more closely aligned with the approved EPA boundaries. Townhouse blocks adjacent to the southern EPA boundary were adjusted to include rear-yard amenity areas. The two apartment buildings proposed at the northwest corner of the site

17 Schedule 'B' to Development Approval and Planning Policy Report DP Page 3 of King Street West, Bolton SUMMARY OF DEVELOPMENT PROPOSAL HISTORY POPA 08-07, RZ and SPA YEAR EVENT COMMENT were reconfigured to avoid substantial EPA encroachment. To compensate for this adjustment, an additional 1-storey in building height was included to maintain the permitted 200 dwelling-unit yield for the site. The November 25, 2009 concept was also supported by a set of principles of settlement proposed by the applicant which were intended to form the basis of provisions to be included in final Official Plan and Zoning By-law amendment documents. Key elements of the principles of settlement were: Revised Official Plan designation boundaries to reflect the proposed development limits shown on the November 25, 2009 concept. Placement of a 200 residential unit cap and 30,960 square-metre residential gross floor area within the modified High Density Residential (HDR) designation. Proposed increase to the maximum building height restriction for the subject property which currently allows for a maximum building height of one storey above the grade elevation of the rear property line of residential properties on Rolling Hills Lane, being the top of the valley ridge along the southern property limit (i.e. 252m). Therefore, the maximum building height, exclusive of rooftop mechanical units, ornamental features, etc. would be six storeys, to an elevation of 255m. A further increase was sought to allow for an additional one-storey above this maximum height allowance for the apartment building proposed adjacent to Station Road. This would equate to a maximum permissible building height (exclusive of rooftop mechanical features, architectural features, etc.) of seven storeys, to an elevation of 258m. Site-specific exceptions were proposed to permit drainage swales within the EPA lands and a temporary encroachment within the EPA lands. The purpose of these encroachments was to allow for the construction of the proposed retaining wall shoring and drainage systems and to complete the proposed landscaping improvements within the undisturbed EPA area. Parking requirements in compliance with Zoning By-law which include 1.75 spaces per apartment unit, including visitor parking and 2.25 spaces per townhouse unit including visitor parking. A series of Holding provisions were proposed which would be lifted once

18 Schedule 'B' to Development Approval and Planning Policy Report DP Page 4 of King Street West, Bolton SUMMARY OF DEVELOPMENT PROPOSAL HISTORY POPA 08-07, RZ and SPA YEAR EVENT COMMENT certain conditions are fulfilled with respect to the provision of necessary services (water and sanitary), satisfactory access arrangements and the submission of satisfactory geotechnical and retaining wall design information, landscape plans and an application for site plan approval. December 8, 2009: Subsequent Staff Report (PD ) brought before Council regarding the revised development proposal. December 9, 2009: Four-Day OMB Hearing for appeals Based on the December 8, 2009 staff report, Council passed a series of resolutions (No s to ) which supported the revised November 25, 2009 development area envelope and related principles of settlement, with the exception of certain issues with respect to the proposed building height and retaining wall construction encroachment into the EPA lands The November 25, 2009 concept and supporting principles of settlement were presented to the Board which addressed most of the Town s, Region s and TRCA s concerns with the exception of the following matters which remained unresolved: The extent of the proposed increase in building height; The proposed temporary construction encroachment into the EPA zone; Timing of the proposed development relative to the availability of appropriate firefighting equipment; and Questions regarding the significance of Jaffrey s Creek relative to the proposed development 2010 OMB Decision: January 15, 2010 Key findings of the OMB Decision with respect to the appeals are as follows: Jaffrey s Creek is a remnant drainage feature which appears to traverse a small section of the northwest corner of the site. The TRCA determined that the subject lands do not contain a watercourse, do not provide significant wildlife habitat and do not in any other way, meet the criteria for EPA designation in the Caledon Official Plan but was designated EPA in 1997 with the development proposal at that time and should remain in this state. With respect to the question of appropriate building height, the Board determined that the proposed one-storey increase in building height is not significant and will not have any adverse impacts on surrounding lands, given the openness of the area, the higher location of abutting properties, wide sight lines and the distance

19 Schedule 'B' to Development Approval and Planning Policy Report DP Page 5 of King Street West, Bolton SUMMARY OF DEVELOPMENT PROPOSAL HISTORY POPA 08-07, RZ and SPA YEAR EVENT COMMENT separation from other uses Present January 15, 2010 Board decision approved the applications and proposed development in principle and withheld a final order until certain conditions of the decision were met. The Board heard evidence regarding the need for an aerial fire truck in Caledon to provide service to the urbanized areas with taller buildings and such equipment would be available by the end of At the time of this hearing, it was anticipated the development construction would not commence until the end of Therefore, the Board determined that the concern regarding the availability of fire fighting equipment has been addressed due to the proposed buildings being equipped with sprinkler systems in accordance with the OBC and the timing of the development anticipated for construction following the intended acquisition of the aerial fire truck. Questions regarding the proposed retaining walls, their location with respect to the EPA boundary and their associated construction encroachment and drainage swales were considered in detail before the Board. The Board determined that for this site, the retaining walls are an essential component of the proposed development and to the EPA as they will stabilize the slope and provide security to the homes. The Board therefore considered the retaining walls to be essential infrastructure, an additional means of slope stability and are therefore in the public interest. They are to be permitted within the EPA area. The January 15, 2010 Decision of the Board directed the Town to adjust the EPA boundary to coincide with the proposed development envelope and to allow additional permitted uses within the EPA lands to include retaining walls as essential infrastructure. The Board s decision determined that the Official Plan and Zoning By-law amendments, as modified by the Board, are consistent with Provincial Policy and meet the objectives of the Caledon Official Plan. The Board withheld its final Order until such time as it is advised that the necessary modifications to the Official Plan and Zoning By-law amendment documents have been incorporated. A the request of the applicants, the Town did not proceed with finalizing Official Plan and Zoning By-law amendment documents in order to allow for a revised proposal submission.

20 Schedule 'C' to Development Approval and Planning Policy Report DP Page 1 of 1 DRAWINGS ARE NOT TO BE SCALED Note: Existing zones applicable to the lands are RE and OS under By-law and RE under By-law The RE Zone is not proposed to be maintained.

21 Schedule 'D' to Development Approval and Planning Policy Report DP Page 1 of 6 AMENDMENT NO. 246 TO THE OFFICIAL PLAN FOR THE TOWN OF CALEDON PLANNING AREA

22 Schedule 'D' to Development Approval and Planning Policy Report DP Page 2 of 6 THE CORPORATION OF THE TOWN OF CALEDON BY-LAW NO xx A By-law to adopt Amendment No. 246 to the Official Plan for the Town of Caledon WHEREAS the Council of the Corporation of the Town of Caledon, in accordance with the provisions of the Planning Act, R.S.O. 1990, as amended, HEREBY ENACTS AS FOLLOWS: 1. Amendment No. 246 to the Official Plan for the Town of Caledon Planning Area shall be and is hereby adopted.

23 Schedule 'D' to Development Approval and Planning Policy Report DP Page 3 of 6 THE CONSTITUTIONAL STATEMENT PART A - THE PREAMBLE - does not constitute part of this amendment. PART B - THE AMENDMENT - consisting of the following text and Schedule "A" constitutes Amendment No. 246 of the Town of Caledon Official Plan.

24 Schedule 'D' to Development Approval and Planning Policy Report DP Page 4 of 6 AMENDMENT NO. 246 OF THE TOWN OF CALEDON OFFICIAL PLAN PART A - THE PREAMBLE Purpose of the Amendment: The purpose of this Amendment is to amend Schedule C Bolton Land Use Plan and relevant provisions of the Town of Caledon Official Plan, by modifying the existing High Density Residential and Environmental Policy Area designated areas of the lands subject to this Amendment and by modifying the existing site specific policy related to density and building height restrictions, to permit the development of 61 townhome units and a seven-storey, 140 unit retirement residence on the subject lands. Location: The lands subject to this Amendment, as indicated on the attached Schedule "A", are legally described as Part of Lot 8, Concession 6 (Albion) in the Town of Caledon. The subject properties are municipally known as King Street West and are located at the south-east corner of King Street West and Station Road within the Rural Service Centre of Bolton. Basis: The basis for this Amendment is contained in Planning Report DP , as adopted by Council on October 6, The Applicant, Weston Consulting Group Inc. on behalf of King Station Facility Inc., has requested an Amendment to the Town of Caledon Official Plan to permit the development of 61 townhouse units and a seven-storey senior s retirement residence comprised of 140 units on the subject lands. This amendment will refine the boundary of the existing High Density Residential and Environmental Policy Area designation boundaries within the lands subject to this amendment and will modify existing site-specific policies related to density and building height restrictions to reflect the proposed development. The applicant has submitted an associated Zoning By-law Amendment application, as well as various technical studies in support of the proposed amendment. Planning staff has reviewed this application and is of the opinion that the amendment is consistent with Provincial policy, meets the policies of the Region of Peel Official Plan, the Town of Caledon Official Plan.

25 Schedule 'D' to Development Approval and Planning Policy Report DP Page 5 of 6 PART B - THE AMENDMENT This part of the document, entitled "Part B - The Amendment", and consisting of the following text constitutes Amendment No. 246 of the Town of Caledon Official Plan. Details of the Amendment The Town of Caledon Official Plan is amended as follows: 1. Schedule C Bolton Land Use Plan of the Town of Caledon Official Plan shall be amended for the lands located at the south-east corner of King Street West and Station Road, described as Part of Lot 8, Concession 6 (Albion), Town of Caledon, Regional Municipality of Peel, to revise the boundary between the High Density Residential and Environmental Policy Area designations, in accordance with Schedule A attached hereto (a) is deleted in its entirety and replaced with the following: Permitted uses shall include townhouse dwelling units and a senior s retirement residence at a combined floor space index no greater than 2.0 times the area of land designated as High Density Residential on Schedule C. Density shall not exceed 130 units per net hectare where net density is based on the land area proposed to be developed for permitted uses, and exclusive of public right-of-ways, parks, environmental policy areas and open space (b) is deleted in its entirety and replaced with the following: Building heights, exclusive of rooftop mechanical structures, any ornamental architectural elements, balconies and parapets shall not exceed seven (7) storeys and shall be designed such that building heights are compatible with the existing valley area topography and surrounding residential uses. All building height restrictions shall be further specified in the implementing Zoning By-law. Implementation and Interpretation The implementation and interpretation of this Amendment shall be in accordance with the policies of the Town of Caledon Official Plan.

26 STATION RD KING ST ROLLING HILLS LN Schedule 'D' to Development Approval and Planning Policy Report DP Page 6 of 6 SCHEDULE A Environmental Policy Area High Density Residential Official Plan Amendment 246 OPA 246 Subject to Section Part Lot 8, Concession 6 (Albion), designated as Parts 1 and 2, on Plan 43R-36335; Town of Caledon, Regional Municipality of Peel Base Data Source: Town of Caledon, 2014 m SAVED BY: jtijanic FILENAME: S:\POLICY SECTION\GIS\in_house_requests\brandon_ward\September 2, 2015\mxd\OPA_246.mxd SAVED: 16 September 2015