IMPACT OF INFILL PROGRAM ON NEIGHBOURHOODS TASK FORCE AGENDA WEDNESDAY, MAY 30, :00 p.m. CHARLIE WARD ROOM, BRANTFORD CITY HALL

IMPACT OF INFILL PROGRAM ON NEIGHBOURHOODS TASK FORCE AGENDA WEDNESDAY, MAY 30, 2018 3:00 p.m. CHARLIE WARD ROOM, BRANTFORD CITY HALL ROLL CALL 1. DECLARATIONS OF CONFLICTS OF INTEREST 2. ITEMS FOR CONSIDERATION 2.1 Review of Report CD2018-041 Staff Response to the Recommendations Identified in the Final Report from the Impact of Infill Program on Neighbourhoods Task Force (attached) THAT the following BE REFERRED to a resurrected Infill Program on Neighbourhoods Task Force comprised of Councillor Kings (Ward 1), Councillor Utley (Ward 2), Councillor McCreary (Ward 3), Councillor Carpenter (Ward 4) and Councillor Van Tilborg (Ward 5) with the mandate of reviewing report CD2018-041 (Staff Response to the Recommendations identified in the Final Report form the Impact on Infill Program on Neighbourhoods Task Force ) and reporting back to Committee of the Whole Community Development within two meeting cycles: THAT Report CD2018-041 regarding Staff s response to the recommendations identified in the Final Report from the Impact of Infill Program on Neighbourhoods Task Force BE RECEIVED. 3. ADJOURNMENT

DATE: April 3, 2018 REPORT: CD2018-041 TO: Chair and Members of Committee of the Whole FROM: Paul Moore, General Manager Community Development 1.0 TYPE OF REPORT CONSENT ITEM [X] ITEM FOR CONSIDERATION [ ] 2.0 TOPIC Staff Response to the Recommendations Identified in the Final Report from the Impact of Infill Program on Neighbourhoods Task Force [Financial Impact None] (CD2018-041) 3.0 RECOMMENDATION THAT Report CD2018-041 regarding Staff s response to the recommendations identified in the Final Report from the Impact of Infill Program on Neighbourhoods Task Force BE RECEIVED. 4.0 PURPOSE The purpose of this Report is to provide Council with Staff s formal response to the recommendations identified in the Final Report from the Impact of Infill Program on Neighbourhoods Task Force (the Task Force) as it relates to small scale infill development of three units or less. 5.0 BACKGROUND Introducing new residential uses within established neighbourhoods is often challenging for both the area residents and for the builder or developer. A Notice of Motion was presented to Council on May 26, 2014 as residents had expressed concerns to Members of Council regarding the creation of new lots and the construction of new dwellings that they considered incompatible or out of

April 3, 2018 Page 2 character with existing neighbouring homes. Some of the issues identified related to the siting of a dwelling on a lot that was generally smaller than the existing lots in the neighbourhood, the appearance of the structure, particularly the exterior elevations or façade and on occasion the height of the dwelling even if it complied with the zoning regulations. Concerns were also expressed regarding the potential impact of the new residential use on parking within the immediate area. As a result of the concerns identified, Council adopted the following resolution on June 23, 2014, which established the Impact of Infill Program on Neighbourhoods Task Force (the Task Force): Impact of Infill Program on Neighbourhoods in the City WHEREAS residents have expressed concerns about houses being built that are out of character with neighbouring homes, such as building 2-3 town houses on a single lot, two-storey where most homes are single storey, facades that are out of character with surrounding homes, etc. which have an impact on on-street parking and the personality of the immediate area; NOW THEREFORE BE IT RESOLVED THAT a Task Force BE ESTABLISHED by the new Council at their Appointments Committee meeting with one Councillor from each ward, including staff and public input, to address the following questions: What are the residential design guidelines for infill in areas such as (examples): Dufferin, Holmedale, and Henderson surveys? What policies govern appropriate infill and are they clearly defined? What policies govern the construction quality of homes in unique areas? Do City policies allow for neighbour input? How are conflicts between builders and neighbours resolved? What infill issues are being created with street parking? What concerns does the Heritage Committee have with the infill program when it comes to the uniqueness of neighbourhoods? What impact does the infill program have on Development Charges? What impact does the infill program have on assessments? What impact is the infill program having on the unique characteristics of neighbourhoods in the City? What is the impact of infill on parks? What is the impact of infill on the immediate infrastructure (sewers, water, hydro)? Examine the need for design guidelines for the City. What financial incentive programs could be developed and incorporated to encourage infill projects at no cost to the taxpayer?; and

April 3, 2018 Page 3 THAT the Task Force REPORT back to Committee on the impact that the infill program is having on the unique characteristics of neighbourhoods. Members of the Task Force included Councillor Utley; Councillor Kings, Councillor McCreary, Councillor Carpenter, Councillor VanTilborg as well as two representatives from the local development industry, Enio Cupoli and Joe Cohoon. A total of five meetings were held last year. During the meetings, there was much discussion and Planning Staff assisted the Task Force by providing input and responding to the questions identified in the above resolution which were further refined. A copy of the responses is attached as Appendix A. During the Task Force meetings, other issues were identified. The two representatives from the local development community expressed concerns that the process to obtain a building permit for a small infill project (e.g. a new single detached dwelling) was too long, too complicated and too costly. Their concerns were primarily related to the site plan process and there was confusion regarding how this process related to the site alteration process. As well, they questioned the benefit or relevance of Site Plan Control in the context of a small relatively minor infill project. These matters are discussed further in Section 8.0 of this Report. The Task Force reported back to Council on November 7, 2017, and the following recommendations were passed: A. THAT the Report from the Impact of Infill Program on Neighbourhoods Task Force dated November 7, 2017 BE RECEIVED; and B. THAT Planning Staff BE DIRECTED to report back to Committee of the Whole Community Development no later than the First Quarter of 2018 on the following: i. A stream-lined process for infill development, taking into consideration Building, Site Alteration, Site Plan and Severance processes to determine any efficiencies including the possibility of a streamlined approach for builders with design and site plans in place for a maximum of three (3) dwelling units or less; and ii. iii. A new fee structure for infill developments taking into consideration the scale of the development and resources required for these are smaller in scale than larger developments which are charged the similar fees; and Potential financial incentive programs that other municipalities have in place for developers to encourage infill development to determine if a similar program could be utilized in Brantford, including a review of Parkland Dedication Fees; and

April 3, 2018 Page 4 C. THAT Staff BE DIRECTED to undertake a full review of infill development processes in 2020; and D. THAT Infill Developers BE ENCOURAGED to take into consideration the characteristics, attributes and current built form in neighbourhoods when creating infill development in keeping with City s Urban Design Guidelines; and E. THAT the Impact on Infill Program on Neighbourhoods Task Force BE DISBANDED having fulfilled its mandate. This Report responds to the direction of Council as discussed in Section 8.0 of this Report with a focus on describing some of the measures Staff have undertaken to streamline the development process for small scale infill development while also highlighting some of the difficulties in addressing all of the concerns identified through the meetings of the Task Force. The fee structure is also reviewed and the Report includes a discussion of some of the existing incentives currently in place to encourage infill development. 6.0 INPUT FROM OTHER SOURCES In considering some of the streamlining processes, Planning Staff liaised with Staff of Legal & Real Estate Services, the Building Department, and the Public Works Commission including Development Engineering. Their input was considered in the context of the discussion set out in Section 8.0 of this Report. 7.0 POLICY CONTEXT 7.1 Shaping our Future: Brantford s Community Strategic Plan Context (2014-2018) When reviewed within the context of Brantford s Community Strategic Plan, the proposed streamlining measures are consistent with the long-term desired outcomes set out under Goal 3 Managed Growth and Environmental Leadership. In particular: Brantford will be known as a city that manages growth wisely, makes optimum use of its infrastructure and is a leader in infill and Brownfield redevelopment. Staff s review and response to the Task Force recommendations supports the strategic actions of the City. The proposed revisions to the City s administrative processes as it relates to Site Plan Control for small scale infill developments are consistent with the direction established in the Community Strategic Plan.

April 3, 2018 Page 5 7.2 Provincial Policy Statement (2014) and Places to Grow Growth Plan for the Greater Golden Horseshoe (2017) The Provincial Policy Statement (PPS) and the Growth Plan for the Greater Golden Horseshoe (Growth Plan) were also reviewed to assist in Staff s response to the Task Force resolution. The PPS and the Growth Plan define intensification as follows: The development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites; b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; and d) the expansion or conversion of existing buildings. Section 2.2.1 of the Growth Plan respecting the management of growth, encourages municipalities to support the achievement of complete communities by focusing growth and intensification within the built boundary that is on existing or planned services. To achieve complete communities the Plan also identifies policies specific to infill development: Section 2.2.2 of the Plan provides that intensification shall generally be of an appropriate type and scale and that there is a transition of built form to adjacent areas. Based on the above, Planning Staff are of the opinion that the City s development review processes addressing small scale infill development and the streamlining endeavours identified in Section 8.0 of this Report are consistent with the PPS and in general conformity with the policy direction of the Growth Plan. 7.3 City of Brantford Official Plan The Official Plan establishes general residential area policies which encourage infilling through development and redevelopment to address the City s future housing stock. The Plan also provides that new development may be permitted on an infilling basis, where it is compatible in type and scale with surrounding uses and buildings. Proposed development is also subject to the Urban Design policies of the Official Plan which establishes that Urban Design Guidelines are to be used to address development, intensification and redevelopment to ensure compatibility with surrounding uses and buildings. The Plan also recognizes that infilling can contribute to revitalization of communities and neighbourhoods within the City if designed appropriately. More specifically, Section 7.2.1.22 of the Plan provides direction when creating two or more dwelling units through infilling as follows:

April 3, 2018 Page 6 7.2.1.22 Intensification to create two or more dwelling units on lands designated Residential Area Low Density through the infilling of vacant lots, the redevelopment of a residential lot or lots to create two or more dwelling units per lot beyond those which existed prior to the redevelopment, the conversion of existing buildings or structures to residential uses or the creation of additional residential units within existing residential development may be permitted subject to the following criteria: a) the availability of adequate municipal water and sewage facilities; b) the provisions of Section 14 Urban Design of this Plan and the City s Urban Design Guidelines; c) the applicable standards of the Comprehensive Zoning By-law with respect to off-street parking; d) site plan control; e) the development is on a public or condominium road; f) the City is satisfied with the proposed grading, drainage and stormwater management and, in particular that there is no impact on adjacent properties; g) heritage resources are protected in keeping with City policies and regulations and the Ontario Heritage Act, including adaptive reuse of designated heritage buildings and structures; h) the proposed development protects trees or other natural features identified as significant by the City; i) new development should utilize the same type of building material as existing dwellings which front on the same street and shall be designed so that garages are not dominant features in the streetscape and the redevelopment relates to the street; and j) building design, screening (e.g. fencing and landscaping) and the location of air conditioning units, pool pumps and other similar facilities protects the privacy of residents of existing, abutting residential development. With respect to the above, the City s existing policies in addressing small scale infill development (eg. 1-3 dwelling units) are implemented by Planning Staff through the Site Plan Review process. Site Plan Control is a tool available to municipalities under The Planning Act which is reflected in policies in the Official Plan (Section 18.10). It allows Staff and the Ward Councillors to review the development of lands prior to the issuance of a building permit. Some of the areas Staff focus on include: Zoning compliance; The placement and layout of the proposed building and parking areas; Grading and drainage of the site to ensure the proposed use does not negatively affect an adjacent property; Services (municipal water and sanitary sewers) and water supply for fire protection; Landscaping; Exterior layout and design; and

April 3, 2018 Page 7 Façades / building elevations and materials etc. Planning Staff are of the opinion that the changes to the site plan review process that have been implemented already, as well as the proposed administrative changes will assist in streamlining the site plan review process and are in general conformity with policy direction of the Official Plan, as discussed in Section 8.0 of this Report. 7.4 County of Brant Official Plan The County of Brant Official Plan was also reviewed as it relates to those lands which were brought into the City boundary on January 1, 2017. Although the majority of these lands are not specifically subject to residential urban infill, the Plan establishes policies for limited infilling on existing lots of record or new draft plans within the Rural Residential Area. However, it should be noted that development applications for the annexed lands now within the jurisdiction of the City of Brantford are considered premature until the Official Plan Review for the City has been completed. Nonetheless, these policies have been reviewed for context in relation to Staff s response to the Task Force. Section 2.2.5.2 of the Plan establishes Intensification policies which generally apply to built up areas. Built up areas are those lands in the County which are urban settlement areas as defined by the Growth Plan for the Grater Golden Horseshoe. The Plan further identifies Intensification to include: i. ii. iii. small scale intensification through modifications to an existing dwelling to include a second unit or construction of a new building containing one or two units (including the development of accessory residential dwellings, as guided by the policies of Section 2.4.5.1 and the development of garden suites, as guided by the policies of Section 2.4.5.2); infill residential development and new residential development of vacant land or underutilized land in existing neighbourhoods; and/or redevelopment which includes either the replacement of existing residential uses with compatible new residential developments at a high density or the replacement of non-residential uses with compatible residential or mixed use development with a residential component. Further, Section 2.7.5.1 of the County of Brant Official Plan identifies General Design policies, which apply to all development within the County s urban settlement areas to assist in promoting a high quality of community design and built form. As it relates to small scale infill development, the policies establish that new development should be designed in a manner which is in keeping with the existing character and is compatible with the surrounding neighbourhood. The proposed streamlining measures, including the proposed updates to the Parkland Dedication By-law are in general conformity with policy direction of the County s Official Plan.

April 3, 2018 Page 8 7.5 City of Brantford Zoning By-Law 160-90 and County of Brant Zoning By-law 61-16 The City of Brantford Zoning By-law 160-90 and the County of Brant Zoning Bylaw 61-16 regulate the development of property and implement the Official Plan. The Zoning By-laws do not specifically define infill, but the By-laws do regulate development and redevelopment of infill proposals through appropriate regulations. Once the new Official Plan update is completed later in 2019, it is anticipated that an updated comprehensive zoning by-law review will be undertaken. Through that review, staff will also update Council on the Task Force recommendations related to implementing a full review of infill development processes in 2020 as per the Task Force resolution from November 7, 2017. This is further discussed in Section 8.0 of this Report. 7.6 City of Brantford Urban Design Guidelines and Site Plan Manual As mentioned in Section 5.0 of this Report, when Staff review site plan applications, the applicable Urban Design Guidelines and the Site Plan Manual are used to ensure conformity with those guiding documents. Presently, there are seven Urban Design Guideline documents which focus on different areas of the City such as the intensification corridors, the downtown and the northwest industrial area. These Guidelines provide design criteria to assist with evaluating proposed developments to ensure they reflect the City's expectations with respect to character, quality, and form as it relates to a specific area of the City. While Section 4.5 of the Urban Design Guidelines for Intensification Areas does include direction with respect to infill development within residential areas, Planning Staff will be coming forward with City-wide Urban Design Guidelines later this year which will include direction with respect to infill developments in one comprehensive document. The Site Plan Manual is intended to assist applicants with their site plan submissions by setting out the necessary design standards and the City s technical requirements. The Site Plan Manual also provides standards for a wide range of site elements including traffic circulation, pedestrian movement, fire protection, parking, landscaping, planting, lighting and services, as well as guidelines for related studies and additional information related to Site Plan Control applications. 8.0 ANALYSIS When Planning Staff review Site Plan Control applications in the context of small scale infill developments, the focus of the review and analysis is to ensure that the proposed use can be developed in a manner that is safe, functional, complimentary and comprehensive with a high standard of design, making efficient use of the land and municipal services and most importantly facilitating development that is compatible with the surrounding neighbourhood. As part of

April 3, 2018 Page 9 this analysis, City Staff provide advice and direction to applicants to ensure that the development proposal appropriately addresses issues raised by Staff as well as any potential or expressed concerns of neighbours most closely affected. New lots created through the Committee of Adjustment severance process are especially challenging because the proposed development is occurring in established neighbourhoods. The new lots may be smaller or have a different shape or configuration when compared to the existing lots in the neighbourhood and the introduction of a new dwelling can raise concerns regarding the streetscape, the appearance of the new house and parking etc. While single detached and semi-detached dwellings are typically exempt from the Site Plan Control process, in response to the concerns often expressed by neighbours, Planning Staff now recommend Site Plan Control as a condition of severance when new infill lots are created. This affords Staff and the Ward Councillors an opportunity to review the proposed development and ensure the objective of achieving a higher standard of design is met. In the case of small scale infill development, Site Plan Control focuses on ensuring that the placement of the proposed dwelling conforms to the Zoning Bylaw and that it will be compatible with the existing neighbourhood in accordance with the general policy direction of the Official Plan as described in Section 7.3 of this Report. Planning Staff work closely with applicants to try and address issues related to site layout, the design elements of the dwelling including the height, bulk and massing of the structure, type of building materials proposed as well as the location of the driveway and garage. Staff has had some success with applicants in addressing these matters, but concerns from the development community include issues relating to the overlap of processes, as well as the time and cost required to process small scale infill projects. There is room for improvement in this regard and these improvements are described below. In response to the Task Force resolution, as reported to Council on November 7, 2017, Planning Staff have immediately implemented a change to the application requirements for severances. Staff now require applicants to submit elevation plans including as much detail as possible so that area residents have a better understanding of what the new dwelling will look like. Through a future report to Council later this year, Staff will also be proposing that the Site Plan Control Bylaw be amended so that new lots created though the severance process are automatically subject to site plan control. This will eliminate a delay in the process of clearing conditions of approval and provide for better timing for the development community in terms of understanding the submission requirements in advance. Once the change noted above is incorporated into the Site Plan Control By-law, and to reduce the time for review, the applicant will then have the option of applying concurrently for Site Plan Approval, Site Alteration and for Building Permit when submitting an application for severance. This will streamline the circulation process and review. However, it should be noted that the applicant will incur an unknown level of risk as the severance application may be refused or if approved, could potentially be appealed. With respect to the Building Permit

April 3, 2018 Page 10 process, the building plans could be reviewed in advance through this concurrent process, but the Building Department is not able to issue a permit until Site Plan Approval has been granted and Site Alteration has been addressed. Planning Staff also propose that additional streamlining measures can be achieved through a scoped review process for proposals of three units or less. Site Plan Control applications for these types of small scale infill projects would be circulated and Planning Staff would bring them directly to the respective departments to work through any potential issues with the applicant. Simultaneously, Planning Staff will work with Engineering and Legal & Real Estate Services to address any grading or drainage matters and finalize the Site Plan Agreement. This is further described in more detail below: 8.1 Action Taken for Streamlined Efficiencies As noted above, since the establishment of the Task Force, Planning Staff immediately implemented some changes to address efficiencies from a process and administrative context as it relates to the Site Plan Control process for small scale infill development. Complex or larger development proposals which are subject to the Site Plan Control process generally require a Pre-consultation Meeting as well as a Development Review Meeting and most commonly a major fee at submission. These complex proposals also involve a broader circulation to technical departments and agencies, and they require comprehensive studies and plans, which add to a longer review process. However, for Site Plan Approval for small scale infill development proposals, Staff have adopted a streamlined approach to include a limited circulation and eliminated the requirement for a Development Review Meeting. Small scale infill developments are also scoped with respect to submission requirements; they don t require all the plans and supporting studies generally required for a more complex application. For example, pursuant to Council s direction in 2014, both lighting and landscaping plans are no longer required when the change in land use involves the creation of four or less dwelling units. Further, Planning Staff with assistance from Legal & Real Estate Services and Public Works, Development Engineering Staff have prepared an updated draft Site Plan Control Agreement respecting three units or less. This draft Agreement also includes a proposed change to the delegated signing authority for such Agreements that is proposed to be deferred to the General Manager of Community Development or the Director of Planning. This will be considered by Council through a report prepared by the Clerks and Licensing Department later this year dealing with the execution of routine documents. This is considered a streamlining measure as proposed developments consisting of three units or less could be signed promptly by the General Manager or Director rather than requiring the Mayor or Clerk to sign such agreements, which is the City s current practice for all Site Plan Agreements. Staff also considered a single review process for infill development, taking into consideration Building, Site Alteration, Site Plan and Severance as outlined in the November 7, 2017 Task Force resolution. As noted in Section 6.0 of this

April 3, 2018 Page 11 Report, Planning Staff also consulted with Development Engineering Staff regarding the Site Alteration Permit process. In general, the Site Plan Control and Site Alteration Permit processes address different requirements and most municipalities keep these processes separate from each other. The Site Plan Control process establishes the proposed development in terms of building layout, parking, grading and drainage, services and landscaping etc. through the review of the application. The Site Alteration Permit process as identified in Bylaw 28-2011, prohibits and regulates the placing or dumping of fill, the removal of soil and the alteration of the grade of land. Under this By-law, site alteration activities may require a Site Alteration Permit and it can be obtained once the applicant has secured conditional site plan approval which is in advance of full site plan approval. Often applicants apply for their permit for Site Alteration concurrently with the site plan application or part way through the site plan review process which can also save the developer time. With respect to the building permit process, Planning Staff also consulted with the Building Department; they advised that all building permits must be applied for pursuant to the Building Code and not under any other application process. For these reasons outlined above, one single review process cannot be established based on the criteria and application requirements under those respective governing documents and processes. However, the applicant can make the required submissions concurrently, albeit at their risk if the severance application is denied or appealed. All three departments work closely together and it is anticipated that communication will be further enhanced once staff move to the new City Hall location as Building, Engineering and Planning will share one counter. Staff is of the opinion that the streamlining efforts identified above have and will continue to reduce the time involved with reviewing proposed small scale infill projects subject to Site Plan Control. 8.2 Fees The Site Plan Control fee structure is categorized from minor to major according to criteria with the minor fee set at $3,051.00 and the major fee at $8,127.00. The Planning Department also has a Procedural Manual for Development Applications which sets out policies that specifically relate to the administration of development applications. In the case of small scale infill developments (three or less units), the Procedural Manual provides criteria to reduce the site plan application fee by 50% of the minor fee for Site Plan Control Applications. Since 2016, the application fee for proposals of three or less units is now $1,525.00. The standardized engineering review fee for Site Plan Control is $1,710.00 for major or minor Site Plan Control applications, but the fee is often reduced for small scale infill development proposals of three or less units at the discretion of the Manager of Development Engineering. The current fee structure for small scale infill development is comparable to other surrounding municipalities.

April 3, 2018 Page 12 8.3 Existing and Potential Financial Incentive Programs The City has already established some incentives to encourage infill development. With respect to Parkland Dedication, any proposed infill development in the downtown area is currently exempt from paying parkland dedication. A map showing the exemption area is attached as Appendix B. Further, as identified in Report CD2018-045 respecting the review and update to the Parkland Dedication By-law, Staff is proposing that certain types of infill developments be exempt from paying parkland dedication fees including proposed developments for affordable housing, second unit dwellings, converted dwellings containing a maximum of three dwelling units, retirement homes, nursing homes and group homes. This is a form of incentive which helps to minimize some of the costs associated with small scale infill projects. With respect to additional incentive programs, the Development Charges (DC) By-law 38-2014 currently provides some reductions and/or exemptions which include infill development proposals on those lands designated in the respective mapping schedule attached as Appendix B (Downtown Core) as well as applying reduced DC rates for residential intensification and Brownfield development and infill (see Appendix C and D). The DC By-law is scheduled for review in 2019 and additional exemptions can be reviewed at that time with respect to small scale infill development incentives. Some municipalities within the Province of Ontario have also established incentive programs that extend to development and redevelopment proposals through a Community Improvement Plan (CIP). Section 16.2 of the Official Plan includes the applicable policies to establish a CIP and the scope of incentives which may be created. These incentives could include but not be limited to municipal loan or grant programs for infill residential redevelopment and renewal or façade improvements in targeted locations which are in need of revitalization. Currently, the City offers several incentive programs for the downtown including the Downtown Business Performance Grant and Façade Grant. However, these programs are directed to commercial, office, mixed-use buildings and retail uses in the downtown only. Perhaps consideration could be given to extending this to residential uses or extending the programs beyond the downtown such as the intensification corridors. As well, The City currently has a CIP for Brownfields (see Appendix D). The Brownfields CIP promotes the rehabilitation of contaminated sites (i.e. former industry) for appropriate reuse of lands identified as a Brownfield. In regard to infill development, some proposals can utilize the available municipal incentives (i.e. grant or loan) to assist with the costs associated with redevelopment and renewal of the proposed site. 8.4 Review Infill Development Processes in 2020 As identified in Section 7.5 of this Report, the new City of Brantford Official Plan is anticipated to be finalized in 2019. Once the Plan is adopted, it will be followed by the development of a new Zoning By-law to replace the current By-law which dates back to 1990. This project is planned to commence in 2020, and the review will consider historical trends with respect to minor variance applications

April 3, 2018 Page 13 and zoning by-law amendments as well as current trends in development in an effort to modernize the Zoning By-law and reduce the need for future minor variance or Zoning By-law Amendment applications. This will assist the development industry and will eliminate one of the barriers to infill development. As in other jurisdictions, modernization of zoning by-laws includes provisions for better design by regulating façades and setbacks. Although Staff currently seek out efficiencies with all aspects of development and redevelopment, a full review of infill development is warranted in the future and staff will report back to Council in 2020. It is also anticipated that the review and update to the Development Charges By-law will also be completed by 2020 and those changes could have the potential to positively affect infill development. 8.5 Encouraging Infill Developers to Consider Urban Design Planning Staff regularly engage with the development industry to ensure that developers and builders consider urban design in their proposals pursuant to the policies in the Official Plan and as expressed through the Design Guidelines and the Site Plan Manual. Staff work to ensure there is a steady flow of information and communication through meeting and liaising with the Homebuilders Association and other professional groups in the City in addition to meeting individually with developers. Staff has also considered working with the City s Communications Department to produce a citizen s guide or pamphlet that provides clear information relating to infill projects in addition to the Site Plan Manual. This can also include updating the City website to ensure that the development industry is aware of what should be considered when developing within established neighbourhoods to ensure that infill development is in keeping with good and compatible design as outlined in the applicable urban design policies and guidelines. 8.6 Other Staff Initiatives This Report also briefly identifies some other related initiatives that have been undertaken to address synergies associated with the direction provided by the Task Force. They include but are not limited to the item before Committee of the Whole on April 3, 2018 related specifically to the Parkland Dedication By-law (Report CD2018-045). As well, Planning Staff will be bringing forward a Report later this year that will review the Site Plan Control By-law. Staff is of the opinion that the cumulative updates to these by-laws will assist in streamlining the infill development and redevelopment processes and still ensure that concerns expressed by the community relating to compatibility and design are addressed. 9.0 FINANCIAL IMPLICATIONS There are no direct Municipal financial implications associated with this Report.

April 3, 2018 Page 14 10.0 CONCLUSION Based on Staff s review and the actions taken, including the updates provided as outlined in Staff Report CD2018-045 and the future review of the Site Plan Control By-law, Planning staff are of the opinion that the recommendations of the Task Force have been addressed. In accordance with the direction of Council on November 7, 2017, Planning Staff will report back to Council in 2020 regarding a full review of the infill development processes at that time. for Joe Muto, MCIP, RPP Manager, Current Development Community Development Lucy Hives, MCIP, RPP Director of Planning Community Development Paul Moore, MCIP, RPP General Manager Community Development In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. By-law required [ ] yes [ X ] no Agreement(s) or other documents to be signed by Mayor and/or City Clerk [ ] yes [ X ] no Is the necessary by-law or agreement being sent concurrently to Council? [ ] yes [ X ] no

April 3, 2018 Page 15 APPENDIX A Impact of Infill Program on Neighbourhoods Task Force Agenda ROLL CALL IMPACT OF INFILL PROGRAM ON NEIGHBOURHOODS TASK FORCE AGENDA THURSDAY, SEPTEMBER 7, 2017 10:00 A.M. COUNCIL CHAMBERS, BRANTFORD CITY HALL 1. DECLARATIONS OF CONFLICTS OF INTEREST 2. ITEMS FOR CONSIDERATION 2.1 Review Actions and Commitments of Task Force Continuation from Question/Answer #12 (see attached document for Planning Department answers to all Discussion Questions) 3. CONSENT ITEMS 4. NOTICE OF MOTION 5. NEXT STEPS 6. NEXT MEETING To be determined. 7. ADJOURNMENT

April 3, 2018 Page 16 Answers from Planning Department Discussion Questions Impact of Infill on Neighbourhoods in the City Council Resolution 1. What are the residential design guidelines for infill areas such as (examples) Dufferin, Holmedale and Henderson surveys? All neighbourhoods in the City could be subject to various design guidelines depending on the type of development. For example if a new lot is created through a severance application for infilling purposes, the new lot is generally subject to Site Plan Control at which time building elevations, grading and landscaping are reviewed and approved. This would also hold true for a redevelopment of a vacant lot or a lot which is to be intensified through demolition. For any redevelopment in an intensification corridor or in the Urban Growth Centre, the City s Urban Design Guidelines are also applicable to the proposed development. City wide urban design guidelines are also applicable to other neighbourhoods throughout the city to address built form, compatibility, building materials and building orientation. Site Plan Control and site alteration are the city s key tools to ensure infill development is reviewed and approved to address design guidelines. In order to implement Site Plan Control, develop should comply with the Site Plan Guideline Manual, 2015. 2. What policies govern appropriate infill and are they clearly defined? The City s Official Plan, Sections 7, Residential and 15, Growth Management, contain policies which provide direction to ensure that appropriate infill occurs. These sections contain policies which address infill being compatible with existing built form, building materials, scale, density and neigbourhood character. These policies are clearly defined and all development proposals are reviewed against them to ensure they are consistent with the Official Plan. It is noted that the Official Plan also contains general Urban Design guidelines which are also reviewed in this context. Further, these polices have developed other applicable guidelines which include but not be limited to the City s Urban Design Guidelines for Intensification Proposals, the Downtown Streetscape Design Plan, the Downtown Master Plan, the Southside of Colborne Design Guidelines and the Waterfront Master Plan. In wider context, the Provincial Policy Statement and the updated 2017 Growth Plan also reference how municipalities should intensify and develop good infill scenarios and policies. 3. What policies govern the construction quality of homes in unique areas? All buildings in the City, no matter what neighbourhood or area, are subject to the issuance of a Building permit prior to construction. There are no special policies regarding quality of homes or applicable construction materials to use, as builders are only subject to meeting minimum building code requirements under the Ontario Building Code. 1

April 3, 2018 Page 17 4. Do City policies allow for neighbourhood input? In many cases, yes neigbourhood input does occur. This would be around applications made under the Planning Act that require a public meeting (i.e. official plan and/or zoning by-law amendments or Committee of Adjustment applications such as minor variances or consent). Further, with respect to the OPA or ZBA applications, Ward meetings are held where additional neighbourhood input can be obtained. In situations where an applicant is only subject to Site Plan Control, the Planning Act does not require public consultation. However, site plans are circulated to the Ward Councilors who could obtain neighbourhood feedback and advise staff of those concerns. 5. How are conflicts between builders and neighbours resolved? These are civil matters and the City tries not to get involved in them. The City has no jurisdiction in conflict between private individuals and they are best resolved between the parties. Should it be an issue surrounding a particular piece of the approved site plan or building permit, then the City could have some input in finding a resolution. If the conflict arose through a Planning Act application, staff would assist the residents regarding the planning process and assist in facilitating concerns on a case by case basis. 6. What infill issues are being created with street parking? Any infill development whether it is the creation of one new lot or a multiple residential unit development is required to provide the minimum number of parking spaces as required by the City s Zoning By-law on site. There are options available to an applicant who cannot provide the required onsite parking such as approval of a minor variance application to reduce the number of required spaces or through an agreement which secures off-site parking. In the Downtown, cash-in-lieu of parking contribution also exists, as well as a site specific zoning exemption to reduce the required parking for some areas of the Downtown. Traffic Impact Studies or Parking Studies are typically requested to be submitted as part of a larger infill development proposal so that impacts on existing intersections and streets can be analyzed. The proposed Development cannot proceed until traffic issues have been addressed and/or mitigated to the satisfaction of the Engineering Department. 7. What concerns does the Heritage Committee have with the infill program when it comes to the uniqueness of neighbourhoods? 2 While the Heritage Committee has not been consulted (at this time) in regard to this question, it is fair to state that the Heritage Committee is generally concerned with two main areas. The first area is in regard to the introduction of new development within an established and unique residential area where the development does not take into account or enhance the special characteristics of the neighbourhood. Secondly, the Heritage Committee is also concerned when a property owner seeks approval to demolish an older dwelling without providing details regarding what will be replaced. They want to ensure that any new building or additions to

April 3, 2018 Page 18 existing buildings within an established neighbourhood fits in terms of scale and heritage character which further builds on the attractive elements already within the neighbourhood. However, consideration must be given to the mandate of the Heritage Committee. While the Heritage Committee has a valuable role to play, there must be a clear understanding of their involvement in terms of the scope of their mandate when heritage properties are not involved. 8. What impact does the infill program have on Development Charges? The Development Charges (DC s) By-law will be undergoing a review process commencing next year. Depending on the level of infill or identification, DC s could be impacted in a positive fashion. In instances where an existing home is demolished, DC credits are available; this could mean that the developer pays nothing if redevelopment is equal or perhaps more if the proposed development is intensified. Where infill occurs in the Downtown, DC s are currently exempted. 9. What impact does the infill program have on assessments? Without an in-depth concurrent review of assessments in consultation with Finance, this is cannot be determined. Further, this is review is somewhat problematic and real estate values have significantly risen since the last MPAC assessments. 10. What impact is the infill program having on the unique characteristics of neighbourhoods in the City? There is no conclusive evidence to date, but staff could take a more in-depth analysis. 11. What is the impact of infill on parks? Generally speaking, infill developments would see existing parks better utilized by the public, as more residents and families move into neighbourhoods. Parkland dedication would also apply for new infill development. The monies related to Parkland dedication could potentially be utilized for park upgrades. 12. What is the impact of infill on the immediate infrastructure (sewers, water, hydro and transportation)? Infill development generally makes an efficient use of the existing infrastructure already in place. For example, typically a large lot is severed in half to facilitate the creation of one additional dwelling unit, or a single detached dwelling unit is replaced with a semi-detached dwelling. In these types of examples, services are already located in front of the lot, extension of services is not required and the developer would simply connect to the services that are already there. These costs are borne by the developer or owner of the lands. 3

April 3, 2018 Page 19 Over the long term however, there may be areas of the City where extensive infill development may result in the need to upgrade services through the installation of water and sewer lines with larger capacity. Again, in these cases, typically the cost to upgrade services is the responsibility of the developer. There may be additional costs to the City if the upgrade of services benefits other off site properties. The Public Works Commission may be able to provide additional information regarding the impact of infill on infrastructure. This question has been provided to them and we anticipate a response shortly. 13. Examine the need for design guidelines for the City; As provided in question #2 above, the City has established Urban Design Official Plan policies for the following areas: the Urban Growth Centre (downtown), intensification corridors, employment lands (business parks and industrial lands), the waterfront master plan (some site specific policy areas), and the west of Conklin Secondary Plan Area. An urban design brief is also required as part of many complex and large development applications that demonstrate how the City s Urban Design Guidelines and other city policies have been considered as part of the site design and layout. For such Urban Design Brief s the City has an established Terms of Reference (TOR). Among numerous requirements in the TOR, it also outlines the scope and level of detail expected and that it be prepared an signed by a qualified professional. However, there is a need to present this information in a comprehensive Urban Design Manual that is easy to use and readily accessible and that speaks to the land uses within the built boundary and the public realm, as well as the other unique areas noted above. This project has been on the Planning Department s work plan for over a year and it is anticipated to restart by the end of 2017. 14. What financial incentive programs could be developed and incorporated to encourage infill projects at no cost to the taxpayer? There are already several incentive programs available to encourage infill projects in the City. Currently within the downtown exemption area, development charges are not applied against development or redevelopment projects. Cash in lieu of parkland is also not applicable and there are other incentives relating to reductions in parking requirements and cash in lieu of parking to assist with intensification, redevelopment and retention and renovation of existing buildings. Development charges are also reduced for Brownfield sites (where eligible) by an amount equal to the cost of the environmental remediation of the lands required for the proposed use of the lands. This remediation refers to the work carried out to remove contaminated substances from the soil sediment or groundwater including off-site disposal but does not include environmental site assessment. 4

April 3, 2018 Page 20 There may be other programs that would encourage more infill projects but additional research is warranted. 15. What opportunity is there between industrial areas that are no longer used, to be converted to residential use for repurposing? Council has already supported the redevelopment of many older industrial areas in the City (ie. Harding Gardens) and the former Stelco site on Colborne Street, as well as the future redevelopment of Greenwich Mohawk and Sydenham Pearl former brownfield sites. The new Official Plan will also set out new designations for some of these lands to allow for these types of opportunities balanced with the need to be consistent with the policy direction of the Province. The new Official Plan will undergo a Municipal Comprehensive Review which will assess land base and land uses as it relates to the annexed lands and the existing industrial and commercial uses. 16. How can the Official Plan encourage the future development of parks to have substantial exposure to Tutela Heights Park (visible and accessible from 3 streets)? The new Official Plan will contain updated policies which will focus on future development and exposure. Further, the Parks and Recreation Master Plan also highlights the need for park exposure for visibility and safety concerns. 17. Site Plan/Site Alteration Processes Concerns expressed that there is duplication and overlap with these processes. Planning Staff noted that the 2 separate processes are necessary as one is for Building Department which reviews under the Building Code, and one for Planning Department which reviews under the Planning Act. Staff will consider review and look at a streamlined process for infill lots, taking into consideration building, site alteration, site plan and severance processes to determine any efficiencies including the possibility of a fast track for builders with design and site plans in place versus builders who don t have designs or plans in place. 5

April 3, 2018 Page 21 APPENDIX B Parkland Dedication and Development Charges Exemption Area Map

April 3, 2018 Page 22 APPENDIX C Existing DC Intensification Area Map

April 3, 2018 Page 23 APPENDIX D Existing DC Brownfield Sites CIP and Residential Infill Area