Date to Committee: October 13, 2015 Date to Council: November 2, 2015

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1 Page 1 of Report PB TO: FROM: Development and Infrastructure Committee Planning and Building SUBJECT: Statutory public meeting and information report regarding Ontario Inc. (Markay Homes) 1167 Bellview Cres. Draft Plan of Subdivision and revised rezoning application requesting 7 detached dwelling units Report Number: PB Wards Affected: 1 File Numbers: /15 & /04 Date to Committee: October 13, 2015 Date to Council: November 2, 2015 Recommendation: For information only. Purpose: Respond to legislation. This report presents background information for the statutory public meeting concerning the rezoning and subdivision applications submitted by Ontario Inc. (Markay Homes) proposing redevelopment of the property at 1167 Bellview Crescent with two freehold lots and five detached condominium dwelling units. The report provides an overview of the planning area history and the rezoning application for 1167 Bellview Cres. that was first submitted by another developer in The report then presents the current development applications, an overview of the existing policy framework and provides the public comments submitted to planning staff concerning the current applications. A detailed analysis of the issues and a recommendation on the applications will be addressed in a future report.

2 Page 2 of Report PB REPORT FACT SHEET RECOMMENDATION: None. Report is for information only. Ward No.: 1 APPLICANT: OWNER: David Faye, David Faye & Associates Inc Ontario Inc. (Markay Homes) Application Details FILE NUMBERS: /15 & /14 TYPE OF APPLICATIONS: PROPOSED USE: Draft Plan of Subdivision and Zoning By-law Amendment 2 lots fronting on Bellview Cres. and 5 detached condominium residential units fronting on an extension of the private road providing access to HCC #388 (1173 Bellview Cres.) Property Details PROPERTY LOCATION: MUNICIPAL ADDRESSES: PROPERTY AREA: EXISTING USE: North side of Bellview Crescent, 325 m west of Maple Avenue 1167 Bellview Crescent 0.32 hectares 1 detached dwelling (to be demolished) Documents OFFICIAL PLAN Existing: Residential Low Density OFFICIAL PLAN Proposed: No change from above ZONING Existing: R3.2 ZONING Proposed: Modified R5 and R3.2 Processing Details NEIGHBOURHOOD MEETINGS: PUBLIC COMMENTS on Markay Homes applications 1. March 1, 2011 at Burlington Art Gallery for Coral Gables rezoning application (25 attendees) 2. June 10, 2015 at Burlington Art Gallery for Markay Homes applications (32 attendees) 4 comments submitted see Appendix A

3 Page 3 of Report PB Background: Site Description The property under application is located on the north side of Bellview Cres. east of the QEW as shown on Location/Zoning Sketch No. 1 and the aerial photo below. The property has an area of 0.32 hectares and frontage of 33.5 metres on Bellview Cres. There is an existing detached dwelling that is proposed to be demolished. The property is surrounded by detached dwellings on all sides. Dwellings to the south, west and north are all freehold dwellings on lots of varying sizes. To the east is one freehold dwelling unit fronting on Bellview Cres. and a cluster development of seven detached dwellings on a private road registered as Halton Condominium Corporation #388 ( HCC #388 ). Overview of area planning history, Welton rezoning and 1998 concept plan Since the 1980s, there have been numerous concept plans developed and applications processed in this area of Burlington west of the Downtown. Highlighted below are some of the key decisions concerning developments in this area that impact the review of the subject applications.

4 Page 4 of Report PB May Council directs staff to prepare a concept plan for various underdeveloped lands in the Bellview Cres., Bellview St. and Carol St. area as a result of concerns with several land severance applications that had been approved by the Region of Halton Land Division Committee (now 1176, 1178 & 1180 Carol St). Jul Council adopts a development plan identifying approximately 46 detached dwellings in the area fronting on public roads including the proposed southerly extension of Carol St. to connect with Bellview Cres., a new cul de sac on the north side of Bellview Cres., and a cul de sac at the westerly end of Bellview St. Feb 1996 Council rescinds the area development plan following approval of a rezoning application submitted by Homes by DeSantis Ltd. and Marz Homes Holdings Inc. that removed a significant amount of lands at the west end of the plan area. The DeSantis Ltd./Marz Homes rezoning approval permitted 40 detached and semi-detached condominium units now known as Spencer s Walk (HCC #310) at 1150 and 1160 Bellview Cres. Feb A rezoning application is submitted by John Welton for the property at 1179 Bellview Cres., immediately east of the property that is the subject of this report. The Welton application proposed redevelopment of the property with three freehold lots fronting on Bellview Cres. and seven detached condominium units on a private road. As part of the review of the Welton application, a new development plan was prepared for Council s consideration that envisioned linking the 1179 Bellview Cres. development with the two parcels to the west (1167 & 1159 Bellview Cres.) to permit approximately 20 detached dwellings on the properties (7 freehold lots fronting on Bellview and 13 condominium dwellings in the rear). Jul Council defers consideration of the staff report on the Welton rezoning application with a direction to determine the feasibility of a public road for the infill development and exploration of land assembly of the adjacent properties to the west. John Welton appeals the application to the Ontario Municipal Board ( OMB ). Dec Council refuses the Welton rezoning application plan with development on a private road, directs staff to prepare an amending zoning by-law that would permit small lot singles on a public road, and approves the Bellview Crescent/Regina Drive Development Plan (Sketch 7 in staff report PL-173/98) to be used as the basis for assessing future development applications affecting 1159, 1167, 1179 and 1185 Bellview Crescent and vacant land fronting Regina Drive located east of 1185 Bellview Crescent. Staff had prepared several development plans for Council s consideration identifying potential lotting patterns on different public road designs as

5 Page 5 of Report PB well as a proposed looped private road design. The Sketch 7 plan approved by Council, attached as Sketch No. 3 to Report PB-76-15, identified the potential redevelopment of the large lots on the north side of Bellview Cres. with up to 23 lots on a proposed looped public road accessing Bellview Cres. The staff report also stated that the westerly driveway on the concept plan was centred on the property line separating 1167 and 1159 Bellview allowing for a more equitable distribution of road amongst landowners and will result in an improved lotting design. Mar 1999 An OMB hearing was held on the Welton applications and a decision was issued March 16, 1999 providing conditional approval for seven condominium detached dwelling units (i.e. development on a private road). The OMB withheld its final Order until certain conditions were fulfilled including incorporating the conditions from Exhibit 25 of the hearing in a site plan agreement. Sept A Section 41 site plan agreement is registered for the Welton development with conditions premised on the extension of the private road to the adjacent properties at 1167 and 1159 Bellview Cres. as stated below: 15. (b) the development of the site shall allow for: (i) the potential continuation of the internal roadway over the abutting lands to the west. (ii) The extension of the internal storm, sanitary and water services to the west. (c) the owner shall agree to: (i) grant the necessary easements and/or rights-of-way for servicing and access to Bellview Crescent to the owners of the lands to the west if developed under separate ownership. Oct The site plan report for the Welton development (PL-129/99) requires the wording of condition 15(c)(i) concerning the granting of servicing and access easements to owners of lands to the west to be included in the Condominium Declaration. This condition is included in the Bellview Condominiums declaration registered July 27, 2001 as HCC # Rezoning for 1167 Bellview Cres. submitted by Coral Gable Homes A rezoning application was submitted by Ontario Inc. (Coral Gable Homes) seeking approval for six detached dwellings at 1167 Bellview Cres. (2 freehold lots and 4 detached condominium dwellings) in Staff advised the applicant to contact HCC #388 to discuss co-ordination of the developments and the need to enter into a reciprocal agreement with the lands to the east addressing mutual ingress, egress and maintenance of the internal roadway and maintenance of all mutual servicing

6 Page 6 of Report PB infrastructure. Shown in the photos below is the private road constructed to provide access to HCC #338 from Bellview Cres. as well as the current dead-end that would need to be extended to provide access to proposed lots at the rear of 1167 Bellview Cres. Driveway to HCC #338 (1173 Bellview) private road to be extended to west File notes indicate several alternative site layouts were discussed with Coral Gables but no progress was made on obtaining access and servicing connections. Coral Gables also met with staff on several occasions to discuss proposals for different numbers of units and housing forms on the property. In November 2010 Coral Gables submitted a revised rezoning application seeking approval for seven detached lots (2 freehold and 5 condominium) and a 3 m right of way along the west property boundary. The 3 m right of way was part of an ultimate 10 m requested by staff that would be required to allow the private road to loop back to Bellview Cres. upon the future redevelopment of 1159 Bellview Cres. Staff again advised of the need to work on an access and servicing agreement with HCC #388 to obtain access to the proposed five units at the rear of the property. The applicant was also requested to revise the plan to show a 5 m right of way along the west boundary as the intent was for the road to be shared between 1167 and 1159 Bellview Cres. The issues raised above were not resolved and beginning in winter 2012 staff responded to inquiries and attended meetings to discuss the application history and issues with other developers who expressed a potential interest in purchasing the property. Staff was advised in September 2013 that 1167 Bellview Cres. had been purchased by Ontario Inc. and they had reached an agreement with HCC #338 regarding access. Discussions then began in earnest with Markay Homes representatives on how to reactivate the rezoning application and other required development applications.

7 Page 7 of Report PB Subdivision and Revised Rezoning Application submitted by Markay Homes The applications that are the subject of this report were submitted on March 31, 2015 and were deemed complete on May 28, The applications propose rezoning and a draft plan of subdivision to permit two freehold lots fronting on Bellview Cres. and five detached condominium units at the rear of the property as shown on Sketch No. 2. The rezoning is similar to the previous Coral Gables application but the proposed right of way along the west property boundary has been increased from 3 m to 5 m. The 5 m right of way is proposed to permit construction of a temporary one-way private road along the west property boundary for vehicular egress by future residents to the condominium units, emergency response vehicles and Region of Halton waste collection. The road would be completed as a two-way 10 m private road in the future should redevelopment of 1159 Bellview Cres. be approved. As discussed above, Markay Homes had negotiated a Shared Facilities Agreement with HCC #388 that addresses the shared use, operation, maintenance, repair and replacement and shared costs of features including the internal roadway, watermains, storm sewers, snow plowing street lighting, etc. Access to the proposed units at the rear of 1167 Bellview Cres. can therefore be provided via the 1173 Bellview Cres. private road. Technical reports and plans were submitted by Markay Homes in support of the current applications. These materials, as listed below, have been circulated to technical staff and agencies for review and can be accessed on the city s website. 1. Concept Plan and Draft Plan of Subdivision, Ashenhurst Nouwens & Associates Inc., received March 31, Planning Justification Report, David Faye & Associates Inc., March Functional Servicing Report, Trafalgar Engineering Ltd. March Phase 1 Environmental Site Assessment Update, Soil-Mat Engineers & Consultants Ltd., Jan 16/14 5. Height Survey, Ashenhurst Nouwens Limited, Nov 23/13 Discussion: POLICY FRAMEWORK The draft plan of subdivision and rezoning applications are subject to the following policy framework: the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Halton Region Official Plan, the Burlington Official Plan, and Zoning By-law Consideration of applicable policies from these documents will be addressed in the subsequent recommendation report.

8 Page 8 of Report PB Burlington Official Plan The properties are designated Residential - Low Density on Schedule B, Comprehensive Land Use Plan - Urban Planning Area of the Official Plan. This designation permits residential development up to 25 units per net hectare. The housing forms include predominantly single-detached and semi-detached units, townhouses and street townhouses, duplexes, three-plexes and four-plexes are also permitted. The applicant is proposing only detached units resulting in a density of 22 units per net hectare. The Official Plan includes objectives and policies that are to guide future development decisions for residential areas, including a list of criteria to be considered when evaluating proposals for intensification in established neighbourhoods in Part III, Section a). These criteria include such matters as adequacy of municipal services, offstreet parking, transportation impacts, compatibility with existing neighbourhood character, vegetation, natural and cultural heritage features, etc. Staff will provide its assessment of the development proposal in light of these criteria in the subsequent recommendation report. Zoning By-law 2020 The property is zoned R3.2 as shown on Sketch No. 1. This zone permits detached lots with a minimum 15 m lot width and lot area of 425 m 2. The applicant seeks rezoning to a modified R3.2 for the proposed freehold lots on Bellview Crescent and a modified R5 cluster zone for the detached condominium units proposed at the rear. The applicant s plan proposes modifications to the R3.2 for the freeholds lots as follows: a lot width of 14 m; lot area of 400 m 2 ; 7.5 m rear yard; 1.2 m side yard and 40% lot coverage. Proposed regulations for the five lot cluster development include: 7.5 m rear yard for the three proposed lots on the north side of private road and 6 m rear yard for the two lots on the south side; 1.2 m yard along the west property boundary; 1.8 m separation between dwellings, 45% lot coverage and 2 visitor parking spaces for the proposed 5 condominium dwellings. Staff will assess these requests as it relates to compatibility with existing neighbourhood character, particularly the proposed setbacks, building envelopes and lot coverage, in the subsequent report. TECHNICAL REVIEW The subdivision and rezoning applications and supporting documents were circulated to internal departments and external agencies for review. Written responses to the technical circulation have been received from the Region of Halton, Burlington Hydro, Union Gas Limited, Halton District School Board, Halton Catholic District School Board, the Ministry of Transportation, Canada Post and Bell Network Services. No objections

9 Page 9 of Report PB have been identified by these agencies. Staff will address technical concerns and/or recommended conditions submitted by these agencies in a subsequent report. An issue still under review is the future integration of this proposal with the potential future redevelopment of 1159 Bellview Cres. to complete the private road loop to Bellview Cres. Discussions on this matter are ongoing with Markay Homes and staff has been in contact with the owner of 1159 Bellview Cres. Further updates on this will be provided in the recommendation report. Financial Matters: The applications are being processed in accordance with the required development application fees. Any additional financial matters will be addressed in the future recommendation report. Environmental Matters: No natural heritage features have been identified on the property. The applications were circulated to the Sustainable Development Committee and their comments, recommending support with conditions are attached as Appendix B. These comments were forwarded to the applicant for consideration and the applicant s response is attached as Appendix C. Public Engagement Matters: One of the applications addressed in this report is a revised application for a zoning bylaw amendment that was initially submitted by Coral Gables in 2004 but did not proceed to the stage of a staff report to the Development and Infrastructure Committee. In 2004 the city s development application procedures did not include a city-run neighbourhood meeting but the application was circulated for public comment. When the rezoning application was revised and reactivated by Coral Gables in late 2010, staff recirculated the application for public comment and conducted a neighbourhood meeting on March 1, 2011 at the Burlington Art Gallery. This meeting was attended by approximately 25 individuals and 5 comments sheets were submitted. Following submission of the Markay Homes draft plan of subdivision and revised rezoning applications in 2015, staff undertook a new circulation to residents and tenants within 120 of the property and added to this list the individuals that had attended the March 2011 neighbourhood meeting or had submitted comments on the rezoning application in A neighbourhood meeting on the Markay Homes applications was held June 10, 2015 at the Burlington Art Gallery and had approximately 32 attendees.

10 Page 10 of Report PB Staff received four s and letters from the public in response to the current Markay Homes public circulation and neighbourhood meeting. The comments are attached as Appendix A to this report and the issues are summarized below. Staff will respond to these comments in the future recommendation report. Compatibility and Design: Request 1.5 m side yard for lots fronting on Bellview Cres. rather than applicant s proposal for 1.2 m. Request increased front yard setbacks for lots fronting on Bellview Cres. Locate driveway on lot adjacent to 1171 Bellview Cres. along west side of lot to minimize vehicle conflict and accommodate on-street parking. Retain the two maple trees located on the east side of 1167 Bellview Cres. Design development to ensure no water transmission on 1171 Bellview Cres. Turning Radius and Private Road Dimensions: Concerned with adequacy of proposed one-way road along west property line when no timeline in sight for completion of the road. Is turning radius along west property boundary sufficient for construction vehicles, garbage trucks, etc.? Concerned that road design along west property line will not provide adequate road frontage for future redevelopment at rear of 1159 Bellview Cres. Damage to Bellview Crescent: Bellview Cres. is being reconstructed in Summer Concern re damage by cutting into this road for new water and sewer connections. Thru Traffic at Spencers Walk (1160 Bellview Cres.) The Spencer s Walk condominium development, located 110 m west of the subject site, experiences thru truck traffic on its private road and damage to front lawns when vehicles try to turn around when they see the private road sign. Concerned that the proposed interim one way private road along the west property boundary of 1167 Bellview Cres. will not be sufficient to accommodate large trucks resulting in additional trucks attempting to use and causing damage to the private road at 1160 Bellview Cres. Notice of the subject report and an invitation to the statutory public meeting was provided to individuals on the city s mailing list. In the future, further notice will be provided advising of the date a recommendation report will be presented to the Development and Infrastructure Committee.

11 Page 11 of Report PB Conclusion: This report provides background information concerning redevelopment proposals on the north side of Bellview Crescent, a description of the Markay Homes applications proposing seven detached dwellings and transmits the public comments submitted on these applications. A subsequent report will provide an analysis of the merits of the proposal in terms of applicable planning policies and provide a recommendation on the applications. Respectfully submitted, Silvina Kade, Senior Planner ext Appendices: A. Public Comments B. Sustainable Development Committee Comments C. Response to Sustainable Development Committee Comments Notifications: (after Council decision) Name: David Faye, David Faye & Associates Inc. Joe Cohen, Markay Homes Mailing or Address: davidfaye.associates@gmail.com josephcohen@markayhomes.com Approved by: Scott Stewart, General Manager of Dev. and Infrastructure Ann-Marie Coulson, Acting Director of Finance Nancy Shea Nicol, Director of Legal Services & City Solicitor Scott Stewart, General Manager of Dev. and Infrastructure Laura Boyd, Acting City Manager Reviewed by:

12 Page 12 of Report PB-76-15

13 Page 13 of Report PB-76-15

14 Page 14 of Report PB Sketch No. 3 Bellview Concept approved by Council in 1998 for development on a public road. In 1999, the Ontario Municipal Board approved development of the John Welton rezoning application at 1179 Bellview Cres. on a private road.