Planning and Building Department

Page 1 of Report PB-83-13 TO: Development and Infrastructure Committee Planning and Building Department SUBJECT: OP & Rezoning 5001 Corporate Drive Appleby Gardens LJM Developers Report Number: PB-83-13 File Number(s): 505-02/13 & 520-03/13 Report Date: September 16, 2013 Ward(s) Affected: 1 2 3 4 5 6 All Date to Committee: October 21, 2013 Date to Council: November 4, 2013 Recommendation: Receive the public comments attached as Appendix A to planning and building department report PB-83-13 concerning the application by LJM Developments to amend the Official Plan and zoning by-law to permit a seven story condominium building at 5001 Corporate Drive. Purpose: Address goal or action in strategic plan Establish new or revised policy or service standard Respond to legislation Respond to staff direction Address other area of responsibility This report has been prepared as background information for the statutory public meeting required under the Planning Act for the Official Plan Amendment and Rezoning applications at 5001 Corporate Drive. The report provides a summary of the development applications as well as the current planning policy framework, and issues raised thus far during the public and technical circulations of the applications. A future staff report will contain a detailed discussion of these issues and contain a staff recommendation on the applications Reference to Strategic Plan: Vibrant Neighbourhoods Prosperity Excellence in Government N/A

Page 2 of Report PB-83-13 REPORT FACT SHEET RECOMMENDATIONS: Receive public comments Ward No.: 5 Application Details APPLICANT/OWNER: LJM Developments FILE NUMBER: 505-02/13 and 520-03/13 TYPE OF APPLICATION: Official Plan Amendment and Rezoning PROPOSED USE: Seven storey residential condominium Property Details PROPERTY LOCATION: MUNICIPAL ADDRESSES: North east corner of Appleby Line and Corporate Dr. 5001 Corporate Drive PROPERTY DIMENSIONS: Width: 50 m Area: 0.16 ha EXISTING USE: Vacant OFFICIAL PLAN Existing: Uptown Mixed Use Centre Uptown Commercial/Residential III Documents OFFICIAL PLAN Proposed: ZONING Existing: Uptown Mixed Use Centre Uptown Commercial/Residential III with site specific modifications UCR3-273 ZONING Proposed: UCR3-273 - with site specific modifications Processing Details NEIGHBOURHOOD MEETINGS: May 28, 2013 PUBLIC COMMENTS: Three emails received and one written comment received at the neighbourhood meeting

Page 3 of Report PB-83-13 Discussion: This report provides details of the applications, a summary of applicable policies and regulations as well as proposed changes, and a summary of the technical and public comments received thus far. The report is intended to provide background information for the statutory public meeting. Application Details Location On February 26 th, 2013 City staff acknowledged that the applications for Official Plan Amendment and Rezoning for 5001 Corporate Drive were complete. A neighbourhood meeting organized by staff and the Ward Councillor was held on May 25 th 2013 at Appleby Ice Centre. The property is located within the Uptown Mixed-use Centre at the northeast corner of Appleby Line and Corporate Drive (see sketches Fig. I through III attached to this report). The surrounding land uses are: High Density street townhouses to the north and east, Corporate Drive and a high density condominium apartment and townhouse development currently under construction to the south. Appleby Line and employment uses to the west. Fig I Area overview sketch

Page 4 of Report PB-83-13 Fig II View of site looking east from Appleby Ln. Fig III View of site looking south from Cobra Dr.

Page 5 of Report PB-83-13 Current Proposal The applicant is proposing to build a 7 storey residential building with 61 units (see Figures IV through VI attached to this report.) Vehicle access will be from Corporate Dr. only. There are two levels of underground tenant parking. The residential units on the ground floor are designed as two storey lofts. The zoning by-law treats the ground level of the building as two storey although visually from the street it will appear as being only one storey The ground and second floors of the building encompass approximately half of the overall building foot print. The visitor parking, loading area and underground parking ramp encompass the rest of the footprint at grade level. The 3 rd to 7 th floors are cantilevered over the parking and ramp area. There are proposed to be 13 surface visitor parking spaces and 78 underground spaces for the owners/tenants.

Page 6 of Report PB-83-13 Fig IV- Development overall footprint

Page 7 of Report PB-83-13 Fig V- Proposed building elevations looking north on Appleby Ln. Fig VI- Proposed building elevations looking south on Appleby

Page 8 of Report PB-83-13 Technical studies received The items submitted are as follows: 1. Planning Justification Report, (prepared by Greg Poole and Associates Ltd.,) 2. Conceptual site plan and building elevations (Prepared by Icon Architects) 3. Functional Servicing and Stormwater report (Prepared by S. Llewellyn & Associates Limited, Consulting Engineers) 4. Shadow Study (prepared by Icon Architects) 5. Traffic Impact Assessment and Parking Study (prepared by Paradigm Transportation Solutions Ltd.) 6. Geotechnical Investigation (prepared by Shaheen & Peaker Ltd) 7. Traffic Noise Study (prepared by Paradigm Transportation Solutions Ltd.) These reports are available for public review in the Planning and Building Department and on the city s website to make them more accessible to the public. Policy Framework The Official Plan Amendment and Rezoning applications are subject to the Provincial Policy Statement (PPS), the Growth Plan for the Greater Golden Horseshoe (Places to Grow), the Region of Halton Official Plan (ROP), the City of Burlington Official Plan (OP), and Zoning By-law 2020. Each of these documents is discussed below. Provincial Policy Statement (PPS) The current PPS came into effect on March 1, 2005, and all municipal planning decisions are to be consistent with it. The document provides policy direction on matters of provincial interest related to land use planning and development and sets the policy foundation for regulating the development and use of land. Growth Plan for the Greater Golden Horseshoe (Places to Grow) The Growth Plan for the Greater Golden Horseshoe came into effect on June 16, 2006, and was developed as a framework for implementing a vision for building stronger, prosperous communities by better managing growth for the defined plan area to the year 2031. The plan sets out several guiding principles, including: Build compact, vibrant and complete communities Plan and manage growth to support a strong and competitive economy Optimize the use of existing and new infrastructure to support growth in a compact, efficient form Further, the plan contains policies on managing growth, intensification, urban growth centres, moving people, etc. A number of policies with respect to managing growth and intensification will be applicable to the subject applications, and staff will provide an assessment and analysis of these policies in a future

Page 9 of Report PB-83-13 recommendation report. Region of Halton Official Plan (ROP) The subject site is designated as Urban Area in the ROP, which states that permitted uses shall be those in accord with local Official Plans and Zoning By-laws, and any other policies. Regional staff has confirmed that the proposal is in conformity to the ROP. City of Burlington Official Plan (OP) The property is currently designated Uptown Mixed Use Centre Uptown Commercial/Residential III in the City s Official Plan. This designation allows the proposed use and sets a maximum height, floor area ratio and density for this site. The applicant proposes a site specific modification to the existing designation to permit an increase in density from 185 units per hectare to 389 units per hectare, and the floor area ratio from 1.5:1 to 3.9:1. Presently, the following intensification criteria are contained under Section 2.5 of Part III of the OP: a) The following criteria shall be considered when evaluating proposals for housing intensification within established neighbourhoods: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) adequate municipal services to accommodate the increased demands are provided, including such services as water, wastewater and storm sewers, school accommodation, and parkland; off-street parking is adequate; the capacity of the municipal transportation system can accommodate any increased traffic flows, and the orientation of ingress and egress and potential increased traffic volumes to multi-purpose, minor and major arterial roads and collector streets rather than local residential streets; the proposal is in proximity to existing or future transit facilities; compatibility is achieved with the existing neighbourhood character in terms of scale, massing, height, siting, setbacks, coverage, parking, and amenity area so that a transition between existing and proposed buildings is provided; effects on existing vegetation are minimized, and appropriate compensation is provided for significant loss of vegetation, if necessary to assist in maintaining neighbourhood character; significant sun-shadowing for extended periods on adjacent properties, particularly outdoor amenity areas, is at an acceptable level; accessibility exists to community services and other

Page 10 of Report PB-83-13 (ix) (x) (xi) (xii) (xiii) neighbourhood conveniences such as community centres, neighbourhood shopping centres and health care; capability exists to provide adequate buffering and other measures to minimize any identified impacts; where intensification potential exists on more than one adjacent property, any re-development proposals on an individual property shall demonstrate that future re-development on adjacent properties will not be compromised, and this may required the submission of a tertiary plan, where appropriate; natural and cultural heritage features and areas of natural hazard are protected: where applicable, there is a consideration of the policies of Part II, Subsection 2.11.3 g) and m); proposals for non-ground-oriented housing intensification shall be permitted only at the periphery of existing residential neighbourhoods on properties abutting, and having direct vehicular access to, major arterial, minor arterial, or multi-purpose arterial roads and only provided that the built form, scale, and profile of development is well integrated with the existing neighbourhood so that a transition between existing and proposed residential buildings is provided. Zoning By-law 2020 The property is zoned UCR3-273 in Zoning By-law 2020, UCR3 Base zone requirements Use Apartment Bldg. Setback to Appleby Ln 0 m min to 16 m max. Setback to Corporate Dr 0 m min to 16 m max. Setback to east property line 3 m min Setback to daylight triangle 3 m Density 8 units min to 29 units max Existing site specific requirements Use Apartment Bldg. Setback to Appleby Ln 3 m min to 16 max Setback to Corporate Dr 3 m min to 16 m max. Setback to east property line 3 m min n/a n/a Proposed amendments Use permitted Setback to Appleby Ln 0 m Setback to Corporate Dr 0 m Setback to east property line 1.9 m Setback to daylight triangle 0 m Density 61 units

Page 11 of Report PB-83-13 UCR3 Base zone requirements Parking 83 tenant & 0 - Visitor Existing site specific requirements Parking 105 spaces (83 tenant + 22 visitor) Proposed amendments Parking 92 (83 tenant + 9 visitor) Building Height two storeys min to 35 m max Floor Area Ratio- 784.5 m2 min to 2353.5 m2 max Building Height two storeys min to 35 m max n/a Building Height 5 storeys or 26 m. Floor Area Ratio- 5582.5 m2 The rezoning application seeks to rezone this property from UCR3-273 to a modified UCR3-273 to permit the proposed development. Technical Review The OPA and Rezoning applications were circulated to internal staff and external agencies for review on March 11, 2013. To date, written responses have been received from the following City of Burlington Departments, Divisions and staff members: Engineering & Site Engineering City Forester Transportation Services Transit Parks and Recreation In addition, the following external agencies have provided a written response: Halton Region Halton Catholic District School Board Halton District School Board Bell Canada Burlington Hydro To date, no objections have been received. However, requests for additional information or conditions of approval have been made. Financial Matters: The application is being processed in accordance with the 2013 Development Application Fee Schedule; all applicable fees required to date have been paid. Environmental Matters: The application has submitted a Phase 1 Environmental Site Assessment and a Record of Site Condition. These documents verify that there are currently no contamination concerns for the subject site.

Page 12 of Report PB-83-13 Communication Matters: Application Notification and Neighbourhood Meeting Notification of the applications was provided in accordance with the regulations made under the Planning Act. The notification was distributed to owners and tenants within a 120 m radius of the subject site. The notification also included an invitation to a neighbourhood meeting. The meeting was held on May 25th, 2013 at Appleby Ice Centre. This meeting was attended by approximately 20 people. Topics of discussion from residents in attendance included the following: Traffic/Access Potential traffic and safety issues associated with the development adding to existing traffic concerns How many accesses points to the site are there? Is there enough distance Appleby Line to the access. Parking Adequate parking for both owner and visitor. Parking in the area is already a problem this development should not add to that. Compatibility Compatibility of the proposed development with the neighbourhood. Design of the building and balconies. Safety of children, potential for increased notice, potential for increased crime Other Issues How will snow removal and waste collection occur on the site? Construction Impact of building construction in the immediate area Public Comments Staff has received comments from two residents via email and one comment sheet was received at the neighbourhood meeting, for a total of four comments. The issues raised were similar to the comments and discussion at the neighbourhood meeting.

Page 13 of Report PB-83-13 Generally, the issues raised thus far include: Traffic: Increased congestion. Increased traffic in the area generated from the proposed development will have a negative impact Compatibility: Area already has number of high density approved and under construction, is another development needed? Proposed development does not fit with community; Impact on private amenity space in the surrounding area. Building is too close to visibility triangle at Appleby Line. Construction: Questions on construction hours, control of debris and dust, and other impacts to the community during the construction period. Property values: Question on the whether the proposed will impact properly values. Staff notes that this list of issues raised is intended to provide a general summary of the comments received thus far and is not meant to replace the detailed comments submitted by members of the public. Staff has included all public comments received to date in Appendix A. Staff will consider these comments, as well as any others received after this information report is considered by Committee and Council, in the review and analysis of the applications. Notice of Statutory Meeting This report has been prepared as part of the statutory public meeting requirement under the Planning Act. As such, notice of the Oct 21, 2013 public meeting was provided to the following: 1. All owners and tenants within 120 of the subject property under application 2. All individuals who signed the sign-in sheet at the May 25 th neighbourhood meeting. 3. Individuals that submitted written comments to planning staff or requested to be added to the mailing list. 4. A further notice will be sent to those individuals included in the above categories as well as anyone who delegates at the public meeting, advising of the date a

Page 14 of Report PB-83-13 recommendation report will be presented to the Development and Infrastructure Committee. Conclusion: This report provides a description of the development applications and provides the public comments received by planning staff to date. The report is intended to provide information to be considered for the statutory meeting required under the Planning Act. A forthcoming recommendation report will come at a later date, and will provide an analysis of the proposed development in terms of applicable planning policies, along with a staff recommendation on the applications Respectfully submitted, Original signed by Sean Kenney Sean Kenney, MCIP, RPP Planner II 905-335-7600 ext. 7870 Appendices: A. Zoning and location sketch B. Appendix B public comments Notifications: (after Council decision) Name Mailing or E-mail Address Mr. L. Mian ljm@ljmdevelopments.ca Mr. G. Poole pooleg@sympatico.ca Approvals: *required Original signed by Bruce Krushelnicki N/A Original signed by Scott Stewart N/A *Department Head City Treasurer General Manager City Manager Committee Disposition & Comments Council Disposition & Comments To be completed by the Clerks Department 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn