DATE: April 26, 2017 REPORT NO. CD Members of the City of Brantford Committee of Adjustment

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1 DATE: April 26, 2017 REPORT NO. CD TO: Members of the City of Brantford Committee of Adjustment FROM: Victoria Coates, Current Development Planner 1.0 TYPE OF REPORT Committee of Adjustment Decision Regarding An Application for Consent 2.0 TOPIC 2.1 APPLICATION NO. B7/ APPLICANT Brant and Brantford Local Housing Corporation c/o Kevin O Hara 2.3 AGENT City of Brantford c/o Legal and Real Estate Department 2.4 OWNER Brant and Brantford Local Housing Corporation 2.5 LOCATION 41 & 43 Woodlawn Avenue 3.0 RECOMMENDATION A. THAT Application B7/2017, to sever a parcel from west side of the subject lands, municipally known as 43 Woodlawn Avenue, having a width of approximately 7.74 m and an area of m 2 and to retain a parcel known as 41 Woodlawn Avenue having a width of approximately 7.74 m and an area of m 2 BE APPROVED, subject to the conditions attached in Appendix A. B. The reason(s) for approval are as follows: The application is in conformity with the general intent of the policies of the Official Plan, specifically Section 18.9 regarding consents within the City of Brantford and is consistent with the policies of the Growth Plan for the Greater Golden Horseshoe and Provincial Policy Statement. The proposal complies with the regulations of Zoning By-law

2 April 26, 2017 Page 2 C. THAT pursuant to Section 53(17)-(18.2) of the Planning Act, R.S.O. 1990, c.p.13, the following statement SHALL BE INCLUDED in the Notice of Decision: Regard has been had for all written and oral submissions received from the public before the decision was made in relation to this planning matter, as discussed in Section 6.2 of Report CD PURPOSE AND DESCRIPTION OF APPLICATION An application has been received to sever a lot from the west side of the subject lands, municipally known as 43 Woodlawn Avenue and to retain 41 Woodlawn Avenue. Each lot will have frontage along Woodlawn. The proposed severed and retained lot dimensions are detailed below: Severed Parcel Lands to be Retained Width: ± 7.74 m ± 7.74 m Depth: ± 59.6 m ± 59.6 m Area: m² m² There is an existing 6.2 metre wide easement along the rear of the properties in favour of the Ministry of Transportation (MTO). The properties inadvertently merged on title and the purpose of the application is to separate the title of the units. Both the proposed and retained lands contain a semi-detached dwelling unit. No new development is proposed. The subject lands are designated Residential Area Low Density in the Official Plan and zoned Residential Type 2 Zone (R2) in Zoning By-law A location map is attached as Appendix B and a site plan as Appendix C. 5.0 SITE FEATURES AND SURROUNDING LAND USE The subject lands are located west of Roman Crescent and north-east of the Paris Road on-ramp to Highway 403. The lands are rectangular in shape and approximately 1,537.6 m² in area. There is an existing semi-detached dwelling located on the subject lands and a utility easement located along a portion of the rear of the property as illustrated in Appendix C. An aerial view, site photographs, and land use map are attached as Appendix D, Appendix E, and Appendix F. The surrounding land uses are residential. Semi-detached dwellings are located to the west and east and single-detached dwellings are located to the north of the subject lands.

3 April 26, 2017 Page INPUT FROM OTHER SOURCES 6.1 Technical Comments This application was circulated to the following departments and agencies: Building Department, Clerks Department, Economic Development Department, Engineering and Traffic Departments, Brantford Power, Real Estate Department, Housing Department, Parks and Recreation Department, Police and Fire Departments, Municipal Property Assessment Corporation, Bell Canada, Union Gas, Hydro One, Ministry of Transportation, Brant Haldimand-Norfolk Catholic District School Board, Conseil scolaire de district catholique Centre-Sud and Grand-Erie District School Board. No adverse comments or objections were received from the commenting agencies. Comments from the Building and Engineering Departments are attached in Appendix G and Appendix H. The Ministry of Transportation provided the following comments: MTO have no objection to the proposed severance at 41 & 43 Woodlawn Avenue. Please remind the applicant that MTO permits may be required prior to any construction or grading taking place. 6.2 Public Response Notice of public hearing was issued by personal mail (24 notices) and by a notification sign posted on the property. At the time this report was prepared, no response from the public was received regarding the application. Attached as Appendix I, is a plan illustrating the circulation area. 6.3 Grand River Notification Notice of the public meeting was issued to representatives of the Six Nations of the Grand River and the Mississaugas of the New Credit Reserves, with no response received to date. 6.4 Confederacy Notice was issued to representatives of the Confederacy. No comments were received to date. 7.0 PLANNING STAFF COMMENTS AND CONCLUSION 7.1 Provincial Policy Statement (2014)

4 April 26, 2017 Page 4 The application for Consent has been reviewed with respect to the policies contained in the Provincial Policy Statement (PPS). The PPS is issued under the authority of the Section 3 of the Planning Act, which requires that planning decisions shall be consistent with policy statements issued under the Act. The PPS encourages compatible residential intensification, an appropriate range and mix of residential and other uses, and an efficient use of the existing infrastructure and municipal services. The intent of the PPS will be maintained with the subject application which is intended to recognize an existing situation. No new development is proposed. The application is considered to be consistent with the principles of the PPS. 7.2 Places to Grow Growth Plan for the Greater Golden Horseshoe (2006) The subject Consent application has been reviewed with respect to the policies contained in the Growth Plan for the Greater Golden Horseshoe (GGH). The vision for the GGH is grounded in the following principles that provide the basis for guiding decisions on how land is developed, resources are managed and public dollars are invested (Section 1.2.2): Build compact, vibrant and complete communities. Plan and manage growth to support a strong and competitive economy. Protect, conserve, enhance and wisely 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. Promote collaboration among all sectors government, private and non-profit and residents to achieve the vision. Planning Staff is of the opinion that the proposed Consent is consistent with the Growth Plan. 7.3 City of Brantford Official Plan The proposed severed and retained lands are designated Residential Area - Low Density in the City s Official Plan, which is intended to provide a variety of lot and dwelling unit sizes in order to reflect the spacious, open character typically associated with low density residential development. Single detached, semi-detached, duplex and triplex dwellings are permitted. Official Plan Section states that consents may be permitted for reasons of the creation of a new lot, boundary adjustments, rights-of-way, easements, and to convey additional lands to an abutting lot, provided an undersized lot is not created.

5 April 26, 2017 Page 5 The purpose of the subject consent application is to create a new lot to recognize an existing situation. The properties have inadvertently merged on title necessitating a consent application so that each lot can be conveyed separately. In the opinion of Planning Staff, the application is consistent with the policies of the Official Plan as the application will not result in any physical development occurring on the lots. The semi-detached dwellings that currently exist are considered compatible with the neighbourhood and the proposed lot sizes are appropriate and consistent with lots in the area. The lots are currently serviced by appropriate sanitary and water services and have frontage on a public road. 7.4 City of Brantford Zoning By-law The subject lands are zoned Residential Type 2 Zone (R2) in Zoning By-law The proposed severed and retained parcels comply with both the lot width and minimum lot area requirements of the R2 Zone. Planning Staff is satisfied that the general intent of the Official Plan and Zoning By-law are being maintained and recommends that Consent Application B7/2017 be approved subject to the conditions attached in Appendix A. Prepared By Victoria Coates, M.PL. Current Development Planner Reviewed By Joe Muto, MCIP, RPP Manager, Current Planning

6 April 26, 2017 Page 6 APPENDIX A Committee of Adjustment Conditional Approval Subject to the following conditions: 1. Receipt of a registered reference plan showing the severed and retained parcel; 2. Receipt of a registered reference plan showing the severed and retained parcel and the easement; 3. Receipt of payment to the City for cash-in-lieu of the 5% contribution of land for public purposes; 4. Receipt of payment for cash-in-lieu of parkland. (Payment for cash-in-lieu of parkland is to be based on an opinion of value for the lands in accordance with City of Brantford By-law and provided by an independent accredited real-estate appraiser, at the expense of the Owner.) 5. Receipt of confirmation that all taxes are paid up to date; 6. Receipt of confirmation that the applicant shall submit to the Secretary-Treasurer a draft of the Transfer deed for review (Upon registration a final copy of the Transfer deed shall be provided to the City); 7. Receipt of confirmation from the applicant s solicitor that Section 50(3) or 50(5) of the Planning Act shall apply to any subsequent conveyance or transaction of or in relation to the parcel of land being the subject of this consent; 8. Receipt of confirmation from the Solicitor acting in the transfer that the retained parcel is merged in title with the adjacent property, and the parcel resulting from Consent Application BX/2017, and that Section 50(3) or 50(5) of the Planning Act shall apply to any subsequent conveyance of the separate parcels; 9. Receipt of confirmation that the Zoning By-law Amendment is in full force and effect; 10. Receipt of confirmation that the required Site Plan Control By-law for the severed lot is in full force and effect; 11. That a Letter of Undertaking is provided from the applicant s solicitor stating that an Application of Consolidation will be completed ensuring that the parcel created through consent application BX/2017 and (adjacent properties) are merged on title; 12. Receipt of confirmation that the necessary application for Draft Plan of Subdivision has been approved; 13. Receipt of confirmation from the Engineering Department indicating that their requirements have been satisfied; 14. Receipt of confirmation from the Engineering Department indicating that their requirements have been satisfied concerning the driveway location and visibility triangle;

7 April 26, 2017 Page Receipt of confirmation from the Engineering Department indicating that civic addresses have been assigned to the severed and retained parcels; 16. Receipt of confirmation that the lands to be severed and retained have been, or will be, independently serviced with water and sanitary sewer service by the owner, to the satisfaction of the General Manager of Engineering and Operational Services; 17. Receipt of confirmation that the 0.3 m reserves have been lifted at the owner s cost to the satisfaction of the General Manager of Public Works Commission; 18. Receipt of confirmation that the required 4.5 metre daylight corner with 0.3 metre reserve has been dedicated to the City, to the satisfaction of the General Manager of Public Works Commission; 19. Receipt of confirmation that the applicant has provided a report addressing soil stability, methane gas and groundwater quality to the satisfaction of the Planning and Engineering Departments. 20. Receipt of confirmation from the General Manager of Public Works Commission confirming their requirements have been satisfied regarding the receipt and approval of a lot grading plan addressing surface water drainage from both the severed and retained lands; 21. Receipt of confirmation that the fence around the severed parcel and the rear portion of the detached garage on the retained lands has been demolished or otherwise removed to the satisfaction of the Chief Building Official; 22. Receipt of confirmation that survey evidence has been submitted showing that the existing dwelling and any accessory buildings or structures and/or parking spaces located on the retained parcel comply with the requirements of the Zoning By-law to the satisfaction of the Chief Building Official; 23. Receipt of confirmation that elevation drawings and calculations are provided to the Chief Building Official verifying that the spatial separations requirements of the Ontario Building Code are met relative to the severance line; 24. Receipt of confirmation that the Ministry of Transportation requirements have been met; 25. That the above conditions be fulfilled and the Certificate of Consent be issued on or before April 27, 2018, after which time the consent will lapse.

8 April 26, 2017 Page 8 APPENDIX B Location Map

9 April 26, 2017 Page 9 APPENDIX C Site Plan

10 April 26, 2017 Page 10 APPENDIX D Aerial Photo

11 April 26, 2017 Page 11 APPENDIX E Site Photo Front yard view of 43 and 41 Woodlawn Avenue.

12 April 26, 2017 Page 12 APPENDIX F Existing Land Uses

13 April 26, 2017 Page 13 APPENDIX G Building Department Comments

14 April 26, 2017 Page 14 APPENDIX H Engineering Department Comments

15 April 26, 2017 Page 15

16 April 26, 2017 Page 16 APPENDIX I Notification Area

17 April 26, 2017 Page 17 APPENDIX J Official Plan

18 April 26, 2017 Page 18 APPENDIX K Zoning