Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department

Transcription

1 Public Report To: From: Report Number: Development Services Committee Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department DS Date of Report: April 14, 2016 Date of Meeting: April 18, 2016 Subject: Revised Application to Amend Zoning By-law 60-94, 24 Beatrice Street West, Ontario Ltd. File: Z Purpose The purpose of this report is to provide a recommendation on a revised application submitted by Ontario Ltd. to amend Zoning By-law to permit a 3-storey, 20 unit apartment building at 24 Beatrice Street West. Attachment 1 is a map showing the location of the subject site and the existing zoning in the area. Attachment 2 is a copy of the original site plan submitted by the applicant that was presented at the January 12, 2015 public meeting. Attachment 3 is a copy of the revised site plan submitted by the applicant. A public meeting was held on January 12, 2015 concerning the subject application. At the conclusion of the meeting, the Development Services Committee adopted a recommendation to refer the application back to staff for further review and the preparation of a subsequent report and recommendation. The minutes of the public meeting form Attachment 4 to this report. Since the January 12, 2015 public meeting, the applicant has revised the development proposal. The key differences between the original design (Attachment 2) and the revised design (Attachment 3) are as follows: (a) The number of parking spaces has been increased from 27 to 32. (b) A loading space has been removed from the west side of the building. 8

2 Meeting Date: April 18, 2016 Page Recommendation That the Development Services Committee recommend to City Council: 1. That, pursuant to Report DS dated April 14, 2016, the revised application submitted by Ontario Ltd. to amend Zoning By-law (File Z ) to rezone 24 Beatrice Street West from R2 (Residential) to an appropriate Residential Zone to permit a proposed apartment building as an additional permitted use be approved in accordance with the comments contained in the above noted Report and the necessary by-law be passed. 2. That, in accordance with Section 34(17) of the Planning Act and notwithstanding that the rezoning proposed in the public meeting report and the public meeting differ to some degree from that approved by City Council, such differences are not substantial enough to require further notice and another public meeting. 3.0 Executive Summary This Department recommends the approval of the revised application to permit the proposed 20 unit apartment building at 24 Beatrice Street West. The rezoning is appropriate given the site s location at the periphery of the neighbourhood, near the intersection of two arterial roads (Simcoe Street North and Beatrice Street West). The site is close to transit and commercial services. The proposed development conforms to the Provincial Growth Plan and is consistent with the Provincial Policy Statement, conforms to the Durham Region Official Plan and the Oshawa Official Plan, represents good planning and promotes the appropriate development of an under-utilized vacant site. 4.0 Input From Other Sources 4.1 Other Departments and Agencies No department or agency that provided comments has any objection to the subject application. Certain technical issues and requirements related to the proposed development have been identified and can be resolved during the site plan approval and building permit processes, if the application is approved. 4.2 Public Comments The minutes of the public meeting concerning the subject application form Attachment 4 to this report. A number of area residents expressed concerns with the subject application. The key concerns are set out below together with a staff response. 9

3 Meeting Date: April 18, 2016 Page Traffic and Safety Comment: There were concerns raised regarding the potential traffic impact on the streets in the area and the safety of residents. Staff Response: Beatrice Street West is designated as a Type C Arterial Road and Simcoe Street North is designated as a Type B Arterial Road in the Oshawa Official Plan. Other roads in the area such as Byng Avenue and Hortop Street are local roads. Type B Arterial Roads are intended to carry moderate volumes of traffic, including moderate volumes of truck traffic. Type C Arterial Roads are intended to carry lower volumes of traffic, including lower volumes of truck traffic when compared to higher order arterial roads such as Type A and Type B Arterial Roads. Simcoe Street North is under the jurisdiction of the Region of Durham. The Region has no objection to the application. A Traffic Impact Assessment dated November 2015 was submitted by Tranplan Associates, a professional traffic consultant, on behalf of the applicant for review by the City and Region. The Traffic Impact Assessment: Examined traffic levels along Beatrice Street West and at the Beatrice Street West/Simcoe Street North intersection, as well as the proposed driveway entrance to the subject site on Beatrice Street West. Concluded that the impact of the proposed apartment building on the Simcoe Street North/Beatrice Street West intersection is negligible and no mitigation measures will be necessary for the intersection. Concluded that the proposed driveway entrance to Beatrice Street West is forecasted to operate at a very good level of service and is appropriate to support the proposed development. The Region and the City staff have no objection to the conclusions and recommendations of the Traffic Impact Assessment. The applicant will be required to erect appropriate wood privacy fencing along the property lines separating the subject site from neighbouring properties. This fencing would also partially separate the driveway throat from the neighbouring residential properties as appropriate. The proposed development would have a pedestrian walkway along the private driveway connecting the apartment building to the City sidewalk on Beatrice Street West. The detailed design and location of the driveway will be appropriately concluded during the site plan approval process. 10

4 Meeting Date: April 18, 2016 Page Insufficient Parking Comment: Some residents commented that the site would have insufficient parking for a 20 unit apartment building. Staff Response: Zoning By-law requires 27 parking spaces (20 spaces for tenants plus 7 spaces for visitors) for a 20 unit rental apartment building. The site plan presented at the January 12, 2015 public meeting included 27 parking spaces. The revised site plan proposes to supply 32 parking spaces. Therefore, the applicant is proposing 5 more parking spaces than are required by Zoning By-law for the proposed development Privacy Comment: Some residents were concerned they would lose their privacy if the proposed 3-storey apartment building were to be built. Staff Response: The proposed development has been designed to be sensitive to neighbouring residential properties by placing the building on the eastern part of the site adjacent to the existing commercial development on Simcoe Street North. The height of the building would be limited to 3 storeys above grade. All balconies on the building are proposed be located on the east and west elevations and are setback some distance to the neighbouring residential properties. In addition, appropriate landscaping and privacy fencing will be required along the perimeter of the site adjacent to the existing residential uses Noise Comment: Some residents commented that the proposed development could create a noise nuisance to nearby residences. 11

5 Meeting Date: April 18, 2016 Page 5 Staff Response: It is very common in a built up urban area to have apartment buildings in reasonable proximity to other residential uses. The redevelopment of any vacant or underutilized land will likely result in additional noise. A noise study, prepared by a qualified acoustical engineer, is required as part of any site plan approval process. The study would identify any potential noise sources, such as air conditioning mechanical units, and recommend, if necessary, mitigation measures to ensure the development complies with the Ministry of Environment and Climate Change s noise guidelines/criteria. The recommendations of any approved study would be implemented during any site plan approval process Lighting Comment: Some residents commented that lighting from the site could create a nuisance to nearby residences. Staff Response: A lighting plan, prepared by a qualified professional, is required to be submitted as part of any site plan approval process. The plan would ensure that the lighting on the subject site complies with the City s lighting policy (e.g. full cut-off fixtures) and does not create an unacceptable light spill-over onto adjacent residential properties. An approved lighting plan will be implemented during any site plan approval process Refuse Comment: A resident commented that refuse from the apartment building will create negative odours and attract rodents. Staff Response: For this development, the applicant is proposing an internal refuse/recycling storage room on the first floor of the building. Bins would be rolled out to the adjacent loading space only for pick-up on collection days. 5.0 Analysis 5.1 Background The subject site is located on the north side of Beatrice Street West, west of Simcoe Street North (see Attachment 1). 12

6 Meeting Date: April 18, 2016 Page 6 Historically, the subject site has remained vacant. The majority of the site was a landlocked parcel of land interior to the block bounded by Simcoe Street North, Beatrice Street West, Hortop Street and Byng Avenue. In 2000, land was severed from 26 Beatrice Street West and added to the landlocked parcel providing the consolidated property with frontage on Beatrice Street West. A duplex was eventually constructed on the retained property at 26 Beatrice Street West. The existing R2 (Residential) zoning does not permit the proposed apartment development. As a result, the applicant has submitted the subject application to permit the proposed apartment development. The following is background information concerning the subject application: Item Existing Requested/Proposed Oshawa Official Plan Residential No change Designation Zoning By-law R2 (Residential) Appropriate Residential Zone to permit an apartment building as an additional permitted use subject to a special condition with site specific regulations to permit the proposed site/building design Use Vacant 20-unit apartment building The following are adjacent land uses to the subject site: North Single detached and semi-detached dwellings on Byng Avenue South 2-unit houses at 20 and 26 Beatrice Street West and, across Beatrice Street West, a personal service establishment and single detached dwellings East Commercial plaza fronting Simcoe Street North West Single detached dwellings on Hortop Street The following are the proposed development details for the subject site (Attachment 3): Site Statistics Items Measurement Lot Frontage m (34.7 ft.) Site Area ha (0.73 ac.) Number of Proposed Apartment Units 20 units Maximum Net Residential Density Proposed 67.3 units per hectare (27.4 u/ac.) Number of Storeys Proposed 3 storeys Parking Spaces Required 27 Parking Spaces Proposed 32 13

7 Meeting Date: April 18, 2016 Page Oshawa Official Plan The subject site is designated as Residential in the Oshawa Official Plan. The Oshawa Official Plan specifies, in part, that areas designated as Residential shall be predominately used for residential dwellings. The Oshawa Official Plan contains policies which establish various density types and provide general locational criteria for such densities. The proposed development has a residential density of 67.3 units per hectare (27.4 u/ac.) and is classified by the Oshawa Official Plan as Medium Density II Residential which permits units per hectare (24-34 u/ac.). Table 2 in the Oshawa Official Plan is a guideline that indicates that uses in the Medium Density II Residential category are to be: (a) Generally located at the periphery of neighbourhoods along arterial roads, or within or at the periphery of the Central Business District, or in proximity to arterial roads within the Main Central Area, Sub-Central Area, Community Central Areas, Local Central Area, or generally located in areas that are undergoing transition, such as neighbourhoods containing a range of land uses, in which higher density residential uses could be developed without generating undue adverse impacts on adjacent land uses. (b) Generally located in such a manner that the scale, form and impacts of this type of housing are generally compatible with adjacent land uses. Beatrice Street West is a Type C Arterial Road in the Oshawa Official Plan. Simcoe Street North is a Type B Arterial Road in the Oshawa Official Plan. The subject site is located at the periphery of a neighbourhood and near the intersection of two arterial roads and is in close proximity to four Local Central Areas which are commercial areas along Simcoe Street North. Section (Rental Accommodation) of the Oshawa Official Plan encourages the provision of an adequate supply of rental accommodation. The 2015 City of Oshawa Housing Monitoring Report (DS-16-14) indicated that the private apartment rental vacancy rate north of Rossland Road was 1.4% in Ideally the rental vacancy rate should be approximately 3.0% in a rental housing market in order to ensure an adequate supply of rental accommodation and maintain reasonable housing prices for renters. The proposed apartment building conforms with the Oshawa Official Plan. 5.3 Zoning By-law The subject site is zoned R2 (Residential) which permits single detached dwellings, semidetached dwellings and duplex dwellings. 14

8 Meeting Date: April 18, 2016 Page 8 The applicant has submitted an application to amend Zoning By-law to permit a 3- storey, 20-unit apartment building. The proposed amendment would rezone the subject site to an appropriate Residential Zone to permit an apartment building as an additional permitted use subject to a special condition with site specific regulations to implement the proposed building and site design. This Department has no objection to rezoning the subject site to an appropriate R5-B Zone which permits all R2 Zone uses plus an apartment building subject to the regulations which: Would implement the proposed building/site design (e.g. maximum three storeys above grade, balcony locations and general building location with minimum building setbacks); Permits a maximum of 20 apartment units; Includes an appropriate h holding symbol which would restrict apartment development until such time as: (a) (b) (c) (d) (e) (f) Site plan approval is obtained from the City that addresses such matters as landscaping, fencing and lighting levels; Appropriate arrangements shall be made for the provision of adequate water, sanitary, foundation drainage, and transportation services including driveway access to the development at no cost to and to the satisfaction of the City and Region; Any necessary cross-access easements are created to the satisfaction of the City; Appropriate arrangements shall be made for the management of stormwater at no cost to the City and to the satisfaction of the City and Region; A noise study is completed to the satisfaction of the City; A qualified person under the Environmental Protection Act and related regulations verifies, to the satisfaction of the City and Region, that the site is suitable for the proposed use. A Record of Site Condition acknowledged by the Ministry of Environment and Climate Change shall only be required if required by the Region s Site Contamination Protocol. While the holding symbol is in place R2 Zone uses would be permitted. Section 5.6 of this report sets out the rationale for this Department s support for the abovenoted rezoning. 5.4 Stormwater Management and Storm Sewer Connection By-law 9-90 The City s Storm Sewer Connection By-law 9-90 prescribes that parking lots, driveways and/or other hard surfaced areas associated with developments that are subject to site 15

9 Meeting Date: April 18, 2016 Page 9 plan control shall be drained into a properly installed internal drainage system with catch basins connected to an adequate storm sewer or a suitable outfall. The subject site does not have an existing storm sewer connection to Beatrice Street West or Simcoe Street North. The City s drainage area mapping records indicate that storm drainage from the subject site is currently directed to the Simcoe Street North storm sewer. The existing storm sewer system in Beatrice Street West is deficient. It is currently surcharged for the 1-year storm event under existing drainage patterns and was not originally designed to accommodate drainage flows from the subject site. The applicant has proposed to connect to the Beatrice Street West storm sewer and the estimated cost to upgrade the storm sewer is $200,000. If the applicant wants to connect to the Beatrice Street West storm sewer for this proposed development the owner will be responsible for the full cost of any works necessary, including those on public streets to the satisfaction of the City and Region. The applicant does not support the staff recommendation that the cost for providing storm sewer service for the proposed development be at the owners complete cost. The applicant has indicated that the City should cost share to upgrade the Beatrice Street West storm sewer since other areas use this sewer. Staff do not recommend cost sharing for the following reasons: A development proposal cannot dictate the capital works budget and program of the City. If an upgrade is required to facilitate a development, the developer must pay for it entirely; The City does not have a cost sharing policy for existing infrastructure; The Beatrice Street West storm sewer was not designed or intended to accommodate drainage from the subject site; and, The City has no plans to upgrade the Beatrice Street West storm sewer. The applicant has also been working on obtaining an easement through a Simcoe Street North property to connect to the Simcoe Street North storm sewer. 5.5 Site Design/Land Use Considerations The applicant proposes to develop a 3-storey, 20-unit apartment building on the subject site. The proposed building is oriented to the east side of the property adjacent to the existing commercial development. Driveway access is proposed from Beatrice Street West. Parking for the proposed building will be on a surface parking lot on the west side of the property. Detailed design matters will be reviewed during the further processing of the site plan application to ensure compliance with the City s Landscaping Design Policies, engineering standards and other policies, if the subject application is approved. 16

10 Meeting Date: April 18, 2016 Page 10 Some of the specific matters this Department will be reviewing during the processing of the site plan application, if the subject rezoning application is approved, include: (a) Site/building design matters including buffers to adjacent residential uses, refuse/recycling and building architecture; (b) Appropriate landscaping and fencing; (c) Servicing matters; (d) Stormwater management, at no cost to the City; (e) Driveway access design; and (f) Noise matters. 5.6 Basis for Recommendation This Department has no objection to the subject application for the following reasons: (a) Developing a vacant, under-utilized property to a more intense residential use at this location conforms to the Provincial Growth Plan and is consistent with the Provincial Policy Statement. (b) The proposed development conforms with the Durham Region Official Plan. (c) The proposed development conforms with the Oshawa Official Plan. The proposed development is an appropriate scale and density given its location near the intersection of two arterial roads and at the periphery of the neighbourhood in close proximity to many commercial services. (d) The proposed development is transit supportive given its close proximity to transit bus stops on Simcoe Street North. (e) The proposed development can be designed to be compatible with adjacent land uses. (f) The proposed development represents good planning. 6.0 Financial Implications There are no financial implications associated with the Recommendation in this Report. 17

11 Meeting Date: April 18, 2016 Page Relationship to the Oshawa Strategic Plan The Recommendation advances the Financial Stewardship and Economic Prosperity goal of the Oshawa Strategic Plan. Paul D. Ralph, BES, RPP, MCIP, Commissioner, Development Services Department 18

12 BYNG AVE PCC-D PSC-A SIMCOE ST N CE PCC-D R6-C K:\Attachments\2016\03Mar\Attachments\24BeatriceStW_Att1.mxd HORTOP ST R BEATRICE ST W R1-A R1-A/ OC-B PCC-D PCC-D/ SSC-A Attachment 1 Development Services Department Subject: Revised Application to Amend Zoning By-law Address: 24 Beatrice Street West File: Z Subject Site 19 TAUNTON RD W RITSON RD N SIMCOE ST N BEATRICE ST E ROSSLAND RD E

13 K:\Attachments\2016\03Mar\Attachments\24BeatriceStW_Att2.ai BEATRICE STREET WEST Attachment 2: Original Site Plan Item: DS Subject: Revised Application to Amend Zoning By-law Address: 24 Beatrice Street West File: Z N City of Oshawa Development Services Department

14 K:\Attachments\2016\03Mar\Attachments\24BeatriceStW_Att3.ai BEATRICE STREET WEST Attachment 3: Proposed Site Plan Item: DS Subject: Revised Application to Amend Zoning By-law Address: 24 Beatrice Street West File: Z N City of Oshawa Development Services Department

15 DS Attachment 4 Excerpts from the Minutes of the Development Services Committee Meeting held on January 12, 2015 Application 1: 24 Beatrice Street West Presentation Michael Fry, D.G. Biddle & Associates provided an overview of the application to amend Zoning By-law at 24 Beatrice Street West by Ontario Ltd., noting the proposal is for a 3-storey, 20-unit apartment building. Delegations The Chair asked if any members of the public wanted to address the Committee concerning the application. Sue Cousins addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with lack of privacy, noise and garbage, noting she bought her home because it backed on to a vacant lot. Gordon Bain addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with increased traffic, light pollution and the safety of his grandkids. Pat Kasubeck addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with increased traffic, insufficient parking and safety. George Ihor Lysyk addressed the Development Services Committee in support of the application to amend Zoning By-law at 24 Beatrice Street West stating that in his opinion, the project demonstrates great land use planning and intensification, and meets the need for new apartments in Oshawa. Jack Hurren addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with lack of privacy, noise and light pollution, increased traffic and a potential decrease in property value. No further comments were received. Correspondence Moved by Councillor Pidwerbecki, That Correspondence DS dated January 9, 2015 from Gordon and Kathy Bain submitting comments in opposition to the application to amend Zoning By-law at 24 22

16 Beatrice Street West by Ontario Ltd. be added to the agenda. Carried on 2/3 Vote of Members Present DS Gordon and Kathy Bain Comments in Opposition to the Application to Amend Zoning By-law 60-94, 24 Beatrice Street West, Ontario Ltd. Moved by Councillor Pidwerbecki, That the Development Services Committee recommend to City Council: That Correspondence DS dated January 9, 2015 from Gordon and Kathy Bain submitting comments in opposition to the application to amend Zoning By-law at 24 Beatrice Street West by Ontario Ltd., be received for information. Carried Reports DS Application to Amend Zoning By-law 60-94, 24 Beatrice Street West, Ontario Ltd. Moved by Councillor Pidwerbecki, That pursuant to Report DS dated January 7, 2015, the application submitted by Ontario Ltd. to amend Zoning By-law (File: Z ) to permit an apartment building at 24 Beatrice Street West be referred back to the Development Services Department for further review and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval. 23

17 DS Attachment 4 Excerpts from the Minutes of the Development Services Committee Meeting held on January 12, 2015 Application 1: 24 Beatrice Street West Presentation Michael Fry, D.G. Biddle & Associates provided an overview of the application to amend Zoning By-law at 24 Beatrice Street West by Ontario Ltd., noting the proposal is for a 3-storey, 20-unit apartment building. Delegations The Chair asked if any members of the public wanted to address the Committee concerning the application. Sue Cousins addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with lack of privacy, noise and garbage, noting she bought her home because it backed on to a vacant lot. Gordon Bain addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with increased traffic, light pollution and the safety of his grandkids. Pat Kasubeck addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with increased traffic, insufficient parking and safety. George Ihor Lysyk addressed the Development Services Committee in support of the application to amend Zoning By-law at 24 Beatrice Street West stating that in his opinion, the project demonstrates great land use planning and intensification, and meets the need for new apartments in Oshawa. Jack Hurren addressed the Development Services Committee in opposition to the application to amend Zoning By-law at 24 Beatrice Street West citing concerns with lack of privacy, noise and light pollution, increased traffic and a potential decrease in property value. No further comments were received. Correspondence Moved by Councillor Pidwerbecki, That Correspondence DS dated January 9, 2015 from Gordon and Kathy Bain submitting comments in opposition to the application to amend Zoning By-law at 24 Beatrice Street West by Ontario Ltd. be added to the agenda. Carried on 2/3 Vote of Members Present 24

18 DS Gordon and Kathy Bain Comments in Opposition to the Application to Amend Zoning By-law 60-94, 24 Beatrice Street West, Ontario Ltd. Moved by Councillor Pidwerbecki, That the Development Services Committee recommend to City Council: That Correspondence DS dated January 9, 2015 from Gordon and Kathy Bain submitting comments in opposition to the application to amend Zoning By-law at 24 Beatrice Street West by Ontario Ltd., be received for information. Carried Reports DS Application to Amend Zoning By-law 60-94, 24 Beatrice Street West, Ontario Ltd. Moved by Councillor Pidwerbecki, That pursuant to Report DS dated January 7, 2015, the application submitted by Ontario Ltd. to amend Zoning By-law (File: Z ) to permit an apartment building at 24 Beatrice Street West be referred back to the Development Services Department for further review and the preparation of a subsequent report and recommendation. This referral does not constitute or imply any form or degree of approval. 25