DATE: October 18 th 2017 REPORT NO. CD2017-168 TO: Members of the City of Brantford Committee of Adjustment FROM: Brandon Kashin, Current Development Planner 1.0 TYPE OF REPORT Committee of Adjustment Decision Regarding an Application for Consent 2.0 TOPIC 2.1 APPLICATION NO. B30/2017 2.2 AGENT Vicano Developments Limited 2.3 APPLICANT/OWNER Brant Haldimand Norfolk Catholic District School Board 2.4 LOCATION 65 Sky Acres Drive 3.0 RECOMMENDATION A. THAT Application B30/2017 to sever a parcel from the northeast side of the subject lands, municipally known as 65 Sky Acres Drive, having an area of 0.924 ha, and to retain a parcel having an area of 4.484 ha, BE APPROVED, subject to the attached conditions in Appendix A. B. THAT the reason(s) for approval are as follows: The consent application is in conformity with the general intent of the policies of the Official Plan, specifically Section 18.9 respecting 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 No. 160-90.
October 18 th 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 CD2017-168. 4.0 PURPOSE AND DESCRIPTION OF APPLICATION An application has been received to sever a lot from the northeast side of the subject lands, municipally known as 65 Sky Acres Drive and to retain a portion of lands to the southwest, abutting Paris Road. The proposed severed and retained lot dimensions are detailed below: Severed Parcel Lands to be Retained Width: Irregular Irregular Depth: Irregular Irregular Area: 0.924 ha 4.484 ha A location map is attached as Appendix B and a site plan as Appendix C. Two institutional buildings currently exist on the property, a high school and an elementary school. The proposed severed lands will include the existing elementary school, and the retained lands will include the existing high school. No further development is proposed as part of this application. The subject lands are designated Residential Area Low Density in the Official Plan. The proposed severed parcel is zoned Institutional Zone (I2), and the proposed retained parcel is zoned Institutional Major Zone (I3). 5.0 SITE FEATURES AND SURROUNDING LAND USE The subject lands are located at the southeast end of Sky Acres Drive, toward Hillier Crescent. The subject property is currently developed with two institutional buildings, comprised of St. John s College high school abutting Paris Road, and St. Bernard elementary school abutting Sky Acres Drive. The proposed severed land has access from Sky Acres Drive, and the proposed retained lands has access from Paris Road. The high school on the proposed retained lands currently operates as such, and the elementary school on the proposed severed lands is not currently in operation and presently vacant. The subject lands are situated within an established residential area with various other institutional uses in relative close proximity to the subject site. An aerial photo, site photographs and land use map are attached as Appendices E, F, and G.
October 18 th 2017 Page 3 6.0 INPUT FROM OTHER SOURCES 6.1 Technical Comments The following agencies were circulated for comment as part of this application: Building Department, Engineering and Traffic Departments, Brantford Power, Fire and Police Departments, Parks and Recreation Department, Real Estate Department, Bell Canada, Brant Haldimand-Norfolk Catholic District School Board, Grand-Erie District School Board, CN Rail, Hydro One, and Union Gas. No adverse comments or objections were received from the commenting agencies. Detailed comments from the City s Building and Engineering Departments are attached in Appendices J and K. 6.2 Public Response Notice of public hearing was issued by personal mail (99 notices) and by a sign posted on the property. As of the date of the preparation of this report, no correspondence from the public was received. A plan illustrating the circulation area is attached in Appendix L. 6.3 Grand River Notification Notice of the public hearing 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 of the public hearing was issued to representatives of the Confederacy. No comments were received to date. 7.0 PLANNING STAFF COMMENTS AND CONCLUSION 7.1 Planning Act, R.S.O. 1990 The Planning Act sets the standard to which provincial interests, provincial and local policies and goals are implemented. In order to recommend a proposal for approval, the application must have regard to criteria listed in Section 51(24) of the Planning Act. It is the opinion of Planning Staff that the Consent application meets the intent of the Section 51(24) criteria. 7.2 Provincial Policy Statement (2014) 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
October 18 th 2017 Page 4 authority of the Section 3 of the Planning Act, which requires that planning decisions shall be consistent with policy statements issued under the Act. Policy 1.1.1a) of the PPS states that Healthy, liveable and safe communities are sustained by promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term;. Policy 1.1.1b) states that healthy, liveable and safe communities are also sustained by accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs. The application is considered to be consistent with the principles of the PPS. 7.3 Places to Grow Growth Plan for the Greater Golden Horseshoe (2017) The Growth Plan states that Better use of land and infrastructure can be made by directing growth to settlement areas and prioritizing intensification Section 2.2.1(4) of the Growth Plan also indicates that Applying the policies of this Plan will support the achievement of complete communities that: a) feature a diverse mix of land uses, including residential and employment uses, and convenient access to local stores, services, and public service facilities; b) improve social equity and overall quality of life, including human health, for people of all ages, abilities, and incomes; c) provide a diverse range and mix of housing options, including second units and affordable housing, to accommodate people at all stages of life, and to accommodate the needs of all household sizes and incomes; d) expand convenient access to: i. a range of transportation options, including options for the safe, comfortable and convenient use of active transportation; ii. public service facilities, co-located and integrated in community hubs; iii. an appropriate supply of safe, publicly-accessible open spaces, parks, trails, and other recreational facilities; and iv. healthy, local, and affordable food options, including through urban agriculture; e) ensure the development of high quality compact built form, an attractive and vibrant public realm, including public open spaces, through site design and urban design standards; f) mitigate and adapt to climate change impacts, build resilience, reduce greenhouse gas emissions, and contribute towards the achievement of low-carbon communities; and g) integrate green infrastructure and low impact development
October 18 th 2017 Page 5 The application for Consent is considered to be consistent with the principles of the Growth Plan. 7.4 City of Brantford Official Plan The subject lands are designated Residential Area Low Density in the City s Official Plan. This designation permits single detached, semi-detached, duplex, and triplex residential dwellings. Institutional uses are also permitted in all Residential area designations. Section 18.9.2 of the City s Official Plan states that: Applications for consents will only be granted where: 1. The severance is for the purpose of infilling within existing development; 2. It is clearly not necessary in the public interest that a plan of subdivision be registered; 3. The lot can be adequately serviced by roads, sanitary sewage disposal, water supply, and storm drainage facilities; 4. No extension, improvement or assumption of municipal services is required; 5. The lot will have frontage on an improved public road, and access will not result in traffic hazards; 6. The lot will not restrict the ultimate development of adjacent lands; 7. The size and shape of the lot conforms to the Zoning By-law, and is appropriate to the use proposed and compatible with adjacent lots; and 8. The consent complies with all relevant provisions of this Official Plan. The proposal will create one lot that may be conveyed separately from the retained existing lot. The application will not result in any undersized lots as both the retained and severed lands will maintain lot areas exceeding the minimum requirement. To address Engineering Department comments regarding servicing (Appendix K), Planning Staff is recommending as a condition of approval that both the lands to be severed and retained are independently serviced with water, sanitary sewer service, and storm service by the owner. Both lots have frontage on a public road and existing individual accesses on Sky Acres Drive from the proposed severed lot, and on Paris Road from the proposed retained lot. The existing access from Sky Acres Drive is appropriate to serve the new severed parcel. The existing access from Paris Road is appropriate to serve the retained lands. Planning Staff is of the opinion that the proposed Consent conforms to the policies of the Official Plan and the intent of the Official Plan is maintained.
October 18 th 2017 Page 6 7.5 City of Brantford Zoning By-law 160-90 The subject lands are zoned Institutional School Zone (I2) and Institutional Major Zone (I3) in Zoning By-law 160-90. The I2 Zone covers the entirety of the proposed severed lot and a small portion of the proposed retained lot. The I3 Zone covers the majority of the proposed retained lot. The I2 Zone permits limited institutional uses, including elementary school uses. The I3 Zone also permits a broader variety of institutional uses, including secondary schools. The subject Consent application will create a lot fronting on Sky Acres Drive, having an area of 0.924 hectares, and the retained lot fronting onto Paris Road will have an area of 4.484 hectares. Both lots will comply with the minimum lot area requirement in their respective Zone, and all other requirements of Zoning By-law No. 160-90. From the information submitted, both the severed and retained lands will meet the Zoning By-law requirements. It is the opinion of Planning Staff that the intent of the Zoning By-law is maintained. Based upon the forgoing information and site visits conducted on October 4 th 2017 in preparation of this report, Planning Staff is of the opinion that Application B30/2017 is appropriate and maintains the intent of the Official Plan and Zoning By-law. Planning staff recommends that application B30/2017 be approved subject to the conditions attached in Appendix A. Prepared on: October 5 th 2017 Brandon Kashin M.Pl. Current Development Planner Reviewed By Joe Muto, MCIP, RPP Manager of Current Planning APPENDIX A
October 18 th 2017 Page 7 Subject to the following conditions: 1. Receipt of a registered reference plan showing the severed and retained parcel; B30/2017 2. Receipt of payment to the City for cash-in-lieu of the 5% contribution of land for public purposes; 3. 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 117-2008 and provided by an independent accredited real-estate appraiser, at the expense of the Owner.) 4. Receipt of confirmation that all taxes are paid up to date; 5. 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); 6. 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; 7. Receipt of confirmation from the Solicitor acting in the transfer that the severed parcel is merged in title with the adjacent property and that Section 50(3) or 50(5) of the Planning Act shall apply to any subsequent conveyance of the separate parcels; 8. Receipt of confirmation that the Zoning By-law Amendment is in full force and effect; 9. Receipt of confirmation that the required Site Plan Control By-law for the severed lot is in full force and effect; 10. That a Letter of Undertaking is provided from the applicant s solicitor ensuring that the easement will be registered on title for the properties; 11. Receipt of confirmation that the necessary amendment to the approved Draft Plan of Subdivision has been approved; 12. Receipt of confirmation from the Engineering Department indicating that their requirements have been satisfied; 13. Receipt of confirmation from the Engineering Department indicating that civic addresses have been assigned to the severed and retained parcels; 14. Receipt of confirmation that the lands to be severed and retained have been, or will be, independently serviced with water, sanitary sewer service, and storm service by the owner, to the satisfaction of the General Manager of Engineering and Operational Services; 15. 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;
October 18 th 2017 Page 8 16. 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; 17. Receipt of confirmation that a road widening strip, as required by the Engineering Department, has been conveyed to the City, at no cost to the municipality, with any costs regarding the transfer being borne by the applicant(s); 18. 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; 19. Receipt of confirmation from CN Rail that their requirements have been satisfied. 20. That the above conditions be fulfilled and the Certificate of Consent be issued on or before October 19th, 2018, after which time the consent will lapse.
October 18 th 2017 Page 9 APPENDIX B Location Map
October 18 th 2017 Page 10 APPENDIX C Site Plan
October 18 th 2017 Page 11 APPENDIX D Draft Reference Plan
October 18 th 2017 Page 12 APPENDIX E Aerial Photo
October 18 th 2017 Page 13 Appendix F Site Photos Front yard view of 65 Sky Acres Drive. Northern side yard view from Sky Acres Drive.
October 18 th 2017 Page 14 Appendix F (cont d) Site Photos Western rear yard from Paris Road Rear access to property from Paris Road
October 18 th 2017 Page 15 APPENDIX G Land Uses
October 18 th 2017 Page 16 APPENDIX H Zoning
October 18 th 2017 Page 17 APPENDIX I Official Plan
October 18 th 2017 Page 18 APPENDIX J Building Department Comments
October 18 th 2017 Page 19 APPENDIX K Engineering Department Comments
October 18 th 2017 Page 20 APPENDIX K (cont d) Engineering Department Comments
October 18 th 2017 Page 21 APPENDIX L Notification Area