Planning Justification Report - City of Belleville
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Planning Justification Report In support of a Zoning By-law Amendment application for 421 Dundas Street West, City of Belleville Prepared for: Arboretum Park and Wellness Centre Inc. EcoVue Reference No.: 20-2001 Date: February 10, 2021 311 George St. N. Suite 200 Peterborough, ON K9J 3H3 T 705.876.8340 | F 705.742.8343 www.ecovueconsulting.com
Table of Contents BACKGROUND ......................................................................................................................... 1 1.1 Description of the Development and Reasons for Amendment ........................................... 1 1.2 Description of Subject Property and Surrounding Lands ..................................................... 1 1.3 Pre-consultation and Supplemental Information .................................................................. 2 POLICY REVIEW ....................................................................................................................... 5 2.1 Provincial Policy Statement (2020)...................................................................................... 5 2.1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns .............................................................................................................. 5 2.1.2 Settlement Areas ....................................................................................................... 6 2.1.3 Housing ..................................................................................................................... 6 2.1.4 Sewage, Water and Stormwater ................................................................................ 7 2.1.5 Cultural Heritage and Archaeology ............................................................................ 8 2.2 City of Belleville Official Plan ............................................................................................... 8 2.2.1 Residential Designation ............................................................................................. 9 High Density Residential Considerations ........................................................... 10 Neighbourhood Character ................................................................................. 12 2.2.2 Servicing Requirements........................................................................................... 13 2.2.3 Transportation Policies ............................................................................................ 13 2.2.4 Housing ................................................................................................................... 14 2.2.5 Sensitive Land Uses ................................................................................................ 15 2.2.6 Summary of Official Plan Comments ....................................................................... 15 2.3 City of Belleville Zoning By-law (10245) Urban Area ......................................................... 15 2.3.1 Lot Frontage ............................................................................................................ 18 2.3.2 Interior Side Yard..................................................................................................... 18 2.3.3 Lot Coverage ........................................................................................................... 19 2.3.4 Parking .................................................................................................................... 19 2.3.5 Landscaped Area .................................................................................................... 19 2.3.6 Minimum Landscaped Strip Adjacent to Detached Dwelling .................................... 20 2.3.7 Minimum Distance Between a Driveway and Exterior Wall (with Window) ............... 20 2.3.8 Summary of Zoning By-law Comments .................................................................... 21 i
Table of Contents 2.4 Summary of Policy Considerations.................................................................................... 21 SUMMARY .............................................................................................................................. 21 ii
Table of Figures Figure 1 – Site Location .......................................................................................................... 3 Figure 2 – Concept Plan .......................................................................................................... 4 Figure 3 – City of Belleville Official Plan Schedule "B".......................................................11 Figure 4 – City of Belleville Zoning By-law 10245 Schedule "A" ........................................16 Appendices Appendix A – Zoning By-law Amendment Text Appendix B – Functional Servicing and Stormwater Management Report (under separate cover) Appendix C – Stage 4 Archaeological Assessment (under separate cover) Appendix D – Noise and Vibration Impact Study (under separate cover) iii
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 BACKGROUND The following Planning Justification Report (PJR) is being submitted in support of an application for a Zoning By-law Amendment (ZBA) affecting the subject lands, known legally as 421 Dundas Street West, City of Belleville (Figure 1 – Site Location). The ZBA application is required in order to rezone the subject lands to from Residential First Density (R1) Zone to Residential Seventh Density (R7) Zone in order to facilitate the development of a 35-unit condominium building on the site. This report will provide details of the site characteristics, a summary of the proposed development, and an explanation of how the rezoning of the subject lands is consistent with, and conforms to the applicable Provincial and local land use planning documents. 1.1 Description of the Development and Reasons for Amendment The applicant, Arboretum Park and Wellness Centre Inc., is proposing a residential development on the subject property, which is the site of a former single detached dwelling. The proposed development will be in the form of 35 two-bedroom apartment units within a five-storey building located near the centre of the property (see: Figure 2 – Concept Plan). The apartment building units will be sold individually within a common elements plan of condominium ownership structure; a condominium corporation will maintain common elements of the development, including the parking areas, landscaping, pedestrian access, and all components of the building (hallways, mechanical, lobby, etc.) outside of the individual units. The condo building will feature a total of 39 parking spaces, most of which will be situated within an underground parking structure that will be accessed at ground-level at the rear of the property. In addition, surface level parking will also be provided in the rear yard. Vehicular access to the site will be gained via an entrance off of Dundas Street, directly west of the proposed building. As noted, the subject property is zoned the R1 Zone in the City of Belleville Zoning By-law. The R1 Zone does not permit residential development beyond a maximum of one single detached dwelling. Therefore, the lands must be rezoned to the R7 Zone, which permits apartment-style dwelling units, in order to accommodate the proposed development. 1.2 Description of Subject Property and Surrounding Lands The subject property is located at 421 Dundas Street West, in the southwestern portion of the City of Belleville. The property is bound by Dundas Street West to the north and the Canadian Pacific Rail (CPR) 1
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 Line to the south (with the Bay of Quite approximately 60 metres south of the rail line). The total lot area of the property is 0.33 hectares (0.8 acres), with 35.6 metres of frontage on Dundas Street West. The property drops slightly in elevation from the northern portion towards the CPR line and the Bay of Quinte. Most of the property currently features tall grasses and early successional vegetation, including shrubs and small trees. As noted above, a single detached dwelling and detached garage were located on the property but were demolished in 2017. There are a mixture of land uses near the site, including residential, community facilities and local commercial uses. There are other mid-rise residential buildings located near the site, including several 3-4 storey apartments on the north side of Dundas Street. 1.3 Pre-consultation and Supplemental Information A virtual pre-consultation meeting was attended by the applicant, the undersigned and Sarah Bale from EcoVue Consulting Services Inc., and staff from the City of Belleville on May 21, 2020. It was determined at this meeting that a Zoning By-law Amendment (ZBA) application would be required to rezone the site from the R1 Zone to the R7 Zone (with site-specific exceptions). As outlined in correspondence from staff on May 22, 2020, the following supplemental information is required in support of the ZBA: • Planning Justification Report • Proposed Zoning By-law Amendment – Enclosed as Appendix A • Functional Servicing Report – Enclosed as Appendix B • Stormwater Management Brief – Enclosed as Appendix B (with Functional Servicing Report) • Stage 4 Archaeological Assessment – Enclosed as Appendix C • Noise and Vibration Study – Enclosed as Appendix D It is our opinion that the inclusion of the above reports with this submission satisfies the requirements for a complete application under Section 34(10.1) of the Planning Act. 2
APP LEW ITY M UN M CO CILITY OOD FA DRI L TIA VE EN SID WR RE IGH ME AVO HO T NG AL RSI NTI AVE NDA NU DE NIT Y R ESI M MU Y NUE CO CILIT LE R FA Y E OA D HWA IAL GH OM WIL EST GE I G RES Y H C SIN HWA M E R T W R KIE HIG ERCIAL COM EE NU N. C STR IDE M RES S STR COM ND A OM DU CE NTI EET PA IDE NS ME E AL IA L NTI OP RC ID ENT RES AL Y IAL HWA HIG ERCIAL AY COM M A ILW IF IC R AC E NP S PAC DIA PEN NA O CA SUBJECT PROPERTY 421 Dundas St W AVO NDA B a y of Q u i n t e LE R WR OAD IGH SUBJECT PROPERTY T AV 421 Dundas St W ENU E ST WE TR EET ASS ND DU B a y of Q u i n t e KEY MAP 1:25,000 FIGURE 1 - SITE LOCATION PROJECT NO: 20-2001 DUNDAS STREET WEST CONDOMINIUM DATE: FEBRUARY 08, 2021 421 DUNDAS STREET WEST HORIZ. SCALE: BELLEVILLE, ON www.ecovueconsulting.com 1:3,000
1 STOREY GENERAL COMMERCIAL O/H 2 STOREY RESIDENTIAL SINGLE O/H MULTIPLE 3 STOREY HPBLS RESIDENTIAL 2.5m HIGH NOISE MITIGATION BERM O/H WM WEST 3m NOISE MITIGATION FENCE PROPOSED BUILDING WM 7 UNITS/STOREY 5 STOREYS WM 963.20m2 O/H WM WM WM O/H WM 3.91m 4.50m LANDSCAPED AREA/SWM FACILITY WM LANDSCAPED AREA/SWM FACILITY 34.04m WM 44.80m WM O/H 6.40m WM RESIDENTIAL LANDSCAPED AREA 1.5 STOREY 6.00m WM STREET A B WM SINGLE O/H PEDESTRIAN WALKWAY m 0 .0 3.40m 1.50m R6 WM 21.50m 6.40m 10.00m WM GAS GAS GAS GAS GAS GAS GAS GAS O/H GAS GAS WM CURB STOP 0m WM .0 R6 CURB SCOSTOP LANDSCAPED AREA WM 6.00m WVO/H WM WM WM WM WM WM WM WM WM WM HP WM 10.68m 0m WM BALCONY BALCONY BALCONY BALCONY .0 R12 WM PEDESTRIAN WALKWAY O/H R1 2.0 0m WM 0m 2 .0 R1 9.72m WM A1 6.40m PROPOSED DRIVEWAY A2 WM O/H AVE. WM WRIGHT 1.50m LANDSCAPED AREA WM X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X LANDSCAPED X X X AREA X X X X X X X X X X 0m .0 WM 12 R RETAINING WALL O/H WM WM WM WM WM WM WM WM WV WM WM WM WM WM WM WM WM WV WM HPBLS DUNDAS O/H WM 1.5 STOREY TBM WM SINGLE WM RESIDENTIAL RESIDEN TIAL LEGEND Site Zoning Statistics BELL EX. BELL EX. CENTRELINE Lot Regulation (R7 Zone) Required Proposed AVO EX. DITCH/SWALE GAS EX. GAS Lot Frontage 45.7m 36.2m NDA EX. ROAD EX. UNDERGROUND UTILITY Total Lot Area N/A 3309.37 sq. m EX. OVERHEAD UTILITY LE R WM EX. WATERMAIN WR Lot Area per Dwelling Unit EX. PROPERTY 72.3 sq.m 94.55 sq.m OAD (min.) IGH SUBJECT PROPERTY Front Yard Depth (min.) TREELINE 10.6m 10.68m T AV 421 Dundas St W X X FENCE CULVERT Int. Side Yard Width (min.) 7.5m 4.5m CB CATCHBASIN ENU EX. BELL BOX BELL UNDERGROUNG CABLE MARKER GM GAS METER Rear Yard Depth (min.) 7.5m 7.86m E LIGHT STANDARD GV GAS VALVE E ST SETBACK FROM RAIL 30m FROM SHARED LOT FIRE HYDRANT HM HYDRO METER E TW LINE LINE WITH RAILWAY 34.04m TRE STANDARD IRON BAR VALVE S AS Landscaped Open Space 40% (1,323.75m2) 37.51% (1,241.42m2) WELL CURB STOP WATER VALVE ND (min.) DU SIGN HYDRO POLE WITH GUY WIRE DECIDUOUS TREE Lot Coverage (max.) 20% (661.87m2) 29.11% (963.20m2) HYDRO POLE CONIFIROUS TREE CABLE CONNECTION PIT B a y of Q u i n t e Required Parking Spaces 1.25/Unit 1.11/Unit (39 Spaces Total) BUSH EXISTING ELEVATION Height 5 Storeys NOTES: N/A KEY MAP 1. AVERAGE UNIT SIZE = 112.00m2 [1205.56 SQ. FT] 1:25,000 Total Units N/A 35 FIGURE 2 - CONCEPT PLAN PROJECT NO: DUNDAS STREET WEST CONDOMINIUM 20-2001 DATE: FEBRUARY 08, 2021 421 DUNDAS STREET WEST BELLEVILLE, ON www.ecovueconsulting.com HORIZ. SCALE: 1:750
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 POLICY REVIEW Land use policies and regulations at the provincial level that affect the subject lands include the 2020 Provincial Policy Statement (PPS). At the municipal level, the City of Belleville Official Plan and Zoning By-law 10245 affect the subject lands. In this section of the report, the proposed ZBA will be reviewed in the context of the policies and provisions contained in these documents. 2.1 Provincial Policy Statement (2020) The 2020 Provincial Policy Statement (PPS) came into effect on May 1, 2020 and provides policy direction on matters of provincial interest as they are related to land use planning. All planning applications that are made after that date are subject to the provisions of the PPS. The PPS is issued by the Province under Section 3 of the Planning Act and it is required that all decisions affecting planning matters “shall be consistent with” policy statements issued under the Act. Consideration has been given to the relevant provisions of the PPS with respect to the subject planning application. 2.1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Section 1.0 of the PPS contains policies designed to build strong and healthy communities in the Province of Ontario. According to Section 1.1.1 of the PPS, “[h]ealthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; b) accommodating an appropriate range and mix of residential …, employment …, institutional …, recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; … i. promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; …” 5
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 The proposed condo development is located within a settlement area on an underutilized site in an existing built-up area. The proposed development will provide an alternative (to single detached) unit type and tenure to an underserviced segment of the residential market. The development will not take place in an area containing sensitive environmental features and represents an efficient and cost-effective development pattern: a high number of units on lands in an existing built-up area that does not require the extension of municipal services. It is our opinion that the subject lands represent an ideal site for the proposed development and is consistent with Section 1.1.1 of the PPS. 2.1.2 Settlement Areas The subject lands are located within the settlement area of the City of Belleville and are therefore subject to Section 1.1.3 of the PPS. Section 1.1.3.1 states that “[s]ettlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted”. Additionally, Section 1.1.3.2 of the PPS states that “[l]and use patterns within settlement areas shall be based on densities and a mix of land uses which: efficiently use land and resources [and] are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion”. Further, the land use patterns in settlement areas shall also be based on “…opportunities for intensification”. The development on the subject lands will increase the supply and diversity of dwelling units available within the City of Belleville, thereby contributing to the growth and overall vitality of the residential market of the municipality. The development will utilize an under-developed site within the existing built boundary of City. The addition of these units represents intensification and will increase the residential density in the area. Furthermore, the proposed development does not require an extension of municipal infrastructure. Water and sanitary sewer services to the site will be connected to the existing municipal service mains underneath Dundas Street West. Therefore, the development proposal on the subject lands is consistent with Section 1.1.3 of the PPS. 2.1.3 Housing Section 1.4 of the PPS describes policies related to housing. According to Section 1.4.1, planning authorities (in this case, the City of Belleville) are required to “maintain at all times the ability to accommodate residential growth for a minimum of 15 years through residential intensification and redevelopment … and, if necessary, lands which are designated and available for residential 6
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 development”. Furthermore, Section 1.4.3 states that planning authorities are required to provide an appropriate range and mix of housing types and densities by permitting and facilitating “all housing options required to meet the social, health and well-being requirements of current and future residents” and “all types of residential intensification, including additional residential units”. Planning authorities must also direct development of new housing to locations where there are appropriate levels of infrastructure. As noted, the proposed development on the subject lands will provide additional housing stock within the City of Belleville, thereby increasing the municipality’s inventory of lands designated for residential development. Furthermore, the type of housing (apartment) will contribute to a diverse range of housing types and options within the City. The development also represents intensification on lands that are served by existing municipal infrastructure. Therefore, the proposed development is consistent with Section 1.4 of the PPS. 2.1.4 Sewage, Water and Stormwater Section 1.6 of the PPS speaks to Infrastructure and Public Service Facilities. More specifically, Section 1.6.6 speaks to Sewage, Water and Stormwater, which is relevant to the proposed development. Section 1.6.6.2 of the PPS advises that “within settlement areas with existing municipal sewage services and municipal water services, intensification and redevelopment shall be promoted wherever feasible to optimize the use of the services.” As noted, the proposed development represents intensification and redevelopment of a site that will optimize existing municipal servicing. The Functional Servicing Report prepared by Tatham Engineering demonstrates that the proposed development can be adequately serviced through municipal sanitary and water servicing (Appendix B). Section 1.6.6.7 states that: “Planning for stormwater management shall: a) Be integrated with planning for sewage and water services and ensure that system are optimized, feasible and financially viable over the long term; b) Minimize, or, where possible, prevent increases in contaminant loads; 7
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 c) Minimize erosion and changes in water balance, and prepare for the impacts of a changing climate through the effective management of stormwater, including the use of green infrastructure; d) Mitigate risks to human health, safety, property and the environment; e) Maximize the extent and function of vegetative and pervious surfaces; and f) Promote stormwater management best practices, including stormwater attenuation and re-use, water conservation and efficiency, and low impact development”. The Stormwater Management (SWM) Report prepared by Tatham Engineering details a proposed SWM plan (Appendix B). The SWM plan maximizes use of low impact development (LID) on the site, and mitigates risks to human health, safety, property and the environment by reducing the risk of flooding, and minimizing contaminant loads flowing off site. Therefore, the proposed development is consistent with Section 1.6.6 of the PPS. 2.1.5 Cultural Heritage and Archaeology Section 2.6.2 of the PPS states that “development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved”. A Stage 1 and 2 Archeological Assessment was completed on the site by Earthworks Archeological Services Inc. The Assessment recommended a Stage 3 and 4 assessment due to the identification of a foundation of a structure built during the mid-nineteenth century on the property. As such, both Stage 3 and Stage 4 Assessments (Appendix C) were also undertaken in order to further review the cultural heritage artifacts on site and recommend further direction for preservation or removal. As noted in the Stage 4 Assessment, the archaeological site and associated artifacts have been completely removed from the site and the subject property is “free of archaeological concern”. Therefore, it is our opinion that the proposed development is consistent with Section 2.6 of the PPS. 2.2 City of Belleville Official Plan The City of Belleville Official Plan (CBOP) provides goals, objectives, and policies for the municipality with a 20-year outlook. The purpose of this document is to establish the municipality’s vision for growth 8
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 and development within the City. All lands within the City are identified with a land use designation which corresponds with a set of policies describing how lands within the designation may be developed. There are also general policies within the Official Plan that apply to all areas of the municipality which must be adhered to. Section 2.2.4 (Settlement Patterns) of the CBOP states that the urban service area of Belleville will be the “focus of the majority of future residential growth and non-residential development”. 2.2.1 Residential Designation According to Schedule “B” to the CBOP, the subject property is designated Residential (see Figure 3 – City of Belleville Official Plan Schedule “B”). As noted in Section 3.10.2 of the CBOP, the housing forms and densities may vary within this designation. More specifically, Section 3.10.2 a) outlines the three densities that are contemplated within Residential areas: i) “Low density residential uses would normally include one family detached and attached two-family dwellings, developed up to 18 units per hectare gross residential density or 25 units per hectare net residential density. ii) Medium density residential uses would normally include various types of attached, multiple or cluster housing projects such as row dwellings and small low-profile apartment complexes, developed up to 60 units per hectare net residential density. iii) High density residential uses would normally include various types of multiple dwellings such as apartment complexes and stacked townhouses, developed up to 115 units per hectare net residential density”. It is further stated in Section 3.10.2 b) that “ideally all neighbourhoods should contain a mixture of dwelling types and densities” and that the densities of various neighbourhoods should be determined through servicing capacity, traffic, accessibility to schools and parks, and the availability of transit services. The proposed development, with a density of 105 units per hectare (a 35-unit condominium building on a 0.33 hectare lot), is considered a high density residential development under the parameters of Section 3.10.2 of the CBOP. As noted throughout this report, the proposed high density development is located 9
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 in an area with adequate recreation space, schools, and transit availability. This is further discussed below in the context of Section 3.10.2 d). High Density Residential Considerations Subsection d) provides principles for Council to consider when determining preferred locations for high density development. As indicated in subsection d), the principles of high density development are as follows: i) The lands should have direct frontage on or immediate access to arterial or major collector roads… ii) The main access routes so such developments should not be through areas of low density residential development; iii) The preferred locations for large scale high density residential developments would be along major arterial streets or at major intersections where access to two or more major transportation corridors is available; iv) High density residential development should be directed to areas which are adequately serviced with open space and other required community facilities and services, all of which should be of sufficient size to meet the needs of the residents of the housing development; v) While not a prerequisite, a preferred location for large scale high density residential development would be in close proximity to or adjacent to non-residential land uses which service the residential area (neighbourhood commercial uses, schools, parks, churches). vi) High density residential development is a preferred housing form to be established immediately abutting a non-residential land use in another land use category, or along very high traffic corridors. It is our opinion that the proposed 35-unit residential development is consistent with the principles described above. The subject property has direct frontage on, and immediate access to, Dundas Street West (an arterial road), and does not require access through low density residential areas. The building will be located “along” a major arterial street that is considered to be a “high traffic corridor” that features two (2) bus routes. 10
SUBJECT PROPERTY 421 Dundas St W B a y of Q u i n t e FIGURE 3 - CITY OF BELLEVILLE OFFICIAL PLAN PROJECT NO: 20-2001 SCHEDULE 'B' LAND USE- URBAN SERVICED AREA DATE: DUNDAS STREET WEST CONDOMINIUM FEBRUARY 08, 2021 www.ecovueconsulting.com HORIZ. SCALE: 421 DUNDAS STREET WEST 1:5,000 BELLEVILLE, ON
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 There are a number of community facilities, recreational and open space areas, and neighbourhood commercial uses within a short distance of the site, including (walking or driving distance in brackets): • An elementary school and secondary school (1.2 kilometres) • Mary Anne Sills Park (1.1 kilometres) • A daycare centre (0.6 kilometres) • A commercial plaza with convenience store and restaurant (100 metres) • A second commercial plaza with various office and retail services (120 metres) • A gas station and convenience store (230 metres) It should be noted that the proposed development is not of a size and scale that would warrant a provision for on-site parkland or open space. Therefore, it is anticipated that the City will require cash in-lieu of parkland. Neighbourhood Character It is further stated in Section 3.10.2 d) that “care should be exercised when determining building heights, setbacks, buffering, and building orientation (fenestrations) to ensure the impact of [high density] development on residential areas of low density is minimized”. It further stated that “Council should carefully consider the character of a neighbourhood when determining the appropriate locations for high density development”. It is understood that the proposed development is located between existing low density residential development on Dundas Street. That said, it is our opinion that the overall neighbourhood includes a diversity of uses and residential densities and types. As discussed, there are some three- and four-storey residential apartment buildings immediately northeast of the property. There is also a three-storey office building (Chartwell Insurance) approximately 80 metres west of the subject lands. In addition to the aforementioned commercial plazas to the west, there are also a number of vacant properties along the Dundas Street corridor that previously contained single detached dwellings, indicating that the corridor may transition to higher densities. Given these factors, it is our opinion that the proposed development is in keeping with the character of the neighbourhood. 12
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 As noted on the enclosed Concept Plan (Figure 2), the proposed development will be set back from adjacent properties (both single detached dwellings) at distances that are in compliance with the setbacks in the Residential District 7 (R7) Zone, which the exception of an interior side yard on the east side. The reason for the reduced setback is discussed further in Section 2.3 below. Therefore, it is our opinion that the site is in an ideal location for high density development and conforms with Section 3.10.2 of the CBOP. 2.2.2 Servicing Requirements Section 5 of the CBOP outlines general requirements for municipal servicing within the City. More specifically, Section 5.1 of the CBOP states that “[all] new development should have frontage on and direct access to an improved public road which is maintained on a year round basis by the Municipality or the Ministry of Transportation, with sufficient capacity to accommodate traffic generated by new development.” As noted, the subject property fronts on Dundas Street West, which is a City-maintained arterial road running east-west through Belleville. As confirmed with staff from the City of Belleville, Dundas Street can accommodate the anticipated increase in traffic generated by the proposed development. Furthermore, Section 5.2 of the CBOP states that: “Development should not be permitted within the urban serviced area identified on Schedule ‘B’ of this Plan unless adequate municipal water and sewer services are available, except as may otherwise be permitted by specific policies of this Plan”. As discussed, the proposed development can be adequately serviced with municipal water and sewer services and will not require an extension or construction of additional municipal servicing infrastructure. 2.2.3 Transportation Policies Section 6 of the CBOP speaks to transportation policies that set out the direction in the City for all available modes of transportation, including vehicular, transit, and active transportation. Most of these policies provide general direction for municipal transportation planning. However, Section 6.6 should be discussed in the context of the proposed development: 13
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 “b) To accommodate the operation of a public transit system, planning for community development should include consideration of requirements for public transit, which would include: • allocations for bus bays; • restrictions on street parking to accommodate bus stops to reduce impact on traffic flow; • streets planned and designed to accommodate transit vehicles; • placement of bus shelters at critical locations; and • promotion of higher densities along and in the vicinity of transit routes.” [emphasis added] The proposed development represents residential intensification along an existing transit route on Dundas Street West. The development of the proposed 35-unit building will contribute to the City meeting its transit goals, as outlined in Section 6 of the CBOP. 2.2.4 Housing Section 7.15 of the CBOP “provides guidance on the provision of housing to meet the needs of current and future residents of the City.” As stated in Section 7.15.4 of the CBOP: “This Plan supports compatible housing intensification and infill development, such as: • infilling on existing lots of record and maximizing use of underutilized lots;… The impact of intensification on the character of existing neighbourhoods should be considered, along with the availability and adequacy of existing municipal infrastructure to service the increased density.” The proposed condominium building provides an opportunity for appropriately-scaled intensification on a major arterial road that is adequately serviced. The proposed design offers high density development at a scale that is appropriate for the neighbourhood. The development supports the City of Belleville’s initiative to create manageable intensification to meet the current and future housing needs, while 14
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 managing appropriate growth that maintains the character of existing neighbourhoods. It also fulfills the intent stated in multiple sections of the CBOP to increase density in existing serviced areas of the City. 2.2.5 Sensitive Land Uses As the subject property is located within 300 metres of Canadian Pacific Rail line, Section 7.7 of the CBOP applies. It is stated in this Section that a noise feasibility study shall be prepared by a qualified “professional engineer with experience in environmental acoustics, in accordance with recognized noise and vibration measurement and prediction techniques, in accordance with all applicable provincial guidelines, regulations and standards and all municipal by-laws and policies” as part of a development application on lands within 300 metres of the CPR line. As such, a Noise and Vibration Study, completed by Cambium Inc. (Appendix D), has been provided as part of this submission. The Study provides recommendations for sound attenuation measures, which are shown on the Concept Plan. These recommendations include a 3-metre tall noise mitigation fence, which will be located atop a 2.5 metre-tall noise mitigation berm at the rear of the property. The acoustical barrier structure runs along the entirety of the property boundary that is shared with CPR. This combined 5.5 metres of sound reduction barrier also provides visual and physical separation from the rail line. The specification of these noise and vibration mitigation measures are in keeping with CPR’s guidelines. 2.2.6 Summary of Official Plan Comments Overall, it is our opinion that the proposed rezoning of the subject property meets the intent of the City of Belleville Official Plan. We believe that this development will contribute to the City meeting housing, intensification, and redevelopment goals and objectives of the CBOP. 2.3 City of Belleville Zoning By-law (10245) Urban Area The subject property is zoned Residential First Density (R1) Zone, according to Schedule “A” to the City of Belleville Zoning By-law 10245 (Figure 4 – City of Belleville Zoning By-law 10245 Schedule “A”). The R1 Zone permits a residential use in the form of a single detached dwelling only. Therefore, it is proposed that the subject lands be rezoned to a Residential Seventh Density (R7-**) Exception Zone to: a) permit multiple “apartment dwellings” on the site; and b) recognize several site-specific regulations, as discussed below. 15
SUBJECT PROPERTY 421 Dundas St W B a y of Q u i n t e FIGURE 4 - CITY OF BELLEVILLE ZONING BY-LAW PROJECT NO: RETRIEVED FROM ONLINE BELLEVILLE ZONING MAP 20-2001 DATE: DUNDAS STREET WEST CONDOMINIUM FEBRUARY 08, 2021 HORIZ. SCALE: 421 DUNDAS STREET WEST www.ecovueconsulting.com 1:5,000 BELLEVILLE, ON
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 Below is a table outlining the proposed lot regulations in comparison to the R7 Zone and other general provisions of the City of Belleville Zoning By-law (non-complying regulations are shown in bold and italics). Table 1 – Table of Lot Regulations of the R7 Zone and Proposed Development Required Proposed Lot Regulation (R7 Zone) Lot Frontage 45.7m 36.2 m Total Lot Area N/A 3,309.37 sq. m Lot Area per Dwelling Unit (min.) 72.3 sq. m 94.55 sq. m Front Yard Depth (min.) 10.6 m 10.68 m Interior Side Yard Width (min.) 7.8 m 4.5m (East Side Yard) 9.72 m (West Side Yard Rear Yard Depth (min.) 7.5 m 34 m Setback from Rail Line 30 m from shared lot line of 34 m rail line Landscaped Area (min.) 40% (1,323.75m2) 37.51% (1,241.42 m2) Lot Coverage (max.) 20% (661.87m2) 29.11% (963.20 m2) Required Parking Spaces 1.25 per unit 1.11 per unit (39 spaces total) Landscaped Strip Width (adjacent to 3.0 m 1.5 m single detached dwelling) Distance of Parking/Driveway to Window 7.5 m 1.5 m (to driveway) of Habitable Space Width of Two-way Driveway 5.5. m 6.0 m Height N/A 5 Storeys (15.68 m) Total Number of Units N/A 35 As noted above, the proposal will not meet several provisions and regulations of the R7 Zone. Therefore, it is proposed that the lands be rezoned to an R7-** Exception Zone in order to recognize these deficiencies. It is our opinion that relief from these provisions is necessary to facilitate the appropriate development of the subject lands. The reasons for relief from each of these provisions is as follows: 17
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 2.3.1 Lot Frontage The existing lot frontage is 36.2 metres, which does not meet the minimum frontage requirement (45.6 m) of the R7 Zone. Given that the proposal is taking place on an existing property, and that the subject property can adequately accommodate the building and parking areas with minimal modifications to the R7 Zone lot regulations, it is our opinion that the reduced lot frontage meets the intent of the Zoning By- law. 2.3.2 Interior Side Yard The minimum side yard provision ensures that there are minimal massing and visual impacts from taller buildings on adjacent properties and land uses. According to the R7 Zone, the required interior side yard width is 7.5 metres, or one-half of the height of the building, whichever is greater. In this case, one-half of the proposed height of the building (15.68 metres) is equal to 7.83 metres. Therefore, since it exceeds 7.5 metres, this distance (7.83 metres) is considered to be the minimum interior side yard distance. As shown in Table 1, the interior side yard on the west side of the building exceeds the required side yard distance (9.72 metres). However, the proposed interior side yard to the east of the building will be 4.5 metres, which does not meet the minimum interior side yard provision. It is our opinion that this reduced setback is appropriate for the proposed development for the following reasons: 1. The adjacent single detached dwelling to the east is set back approximately 9 metres from the mutual lot line. When combined with proposed 4.5 metre setback on the subject property, the distance between the proposed building and the existing single detached dwelling will be 13.5 metres. 2. From a massing perspective, the proposed condo building will have a length of 44 metres, which is equal to less than 50% of the entire length of the mutual lot line of the subject lands and the property to the east. As a result, visual impacts to the front and rear yards of the adjacent property to the east will be minimized. 3. The proposed 4.5 metre setback will provide adequate space for fencing and landscaping features that can further minimize visual and massing impacts to the adjacent property to the east. 18
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 2.3.3 Lot Coverage As noted in Table 1, the proposed building coverage is 29.11% (963.20 m2), where 20% (661.87 m2) is required. It is our opinion that this represents an insignificant increase. The primary intent of the building area coverage provision is to ensure there is not a significant amount of impervious surface on the property, which may create stormwater management issues. As noted in the Preliminary Stormwater Management Report (Appendix B) provided by Tatham Engineering, stormwater can be adequately accommodated on the site through the quality and quantity control measures discussed in the Report. Therefore, it is our opinion that the proposed increase in lot coverage maintains the intent of the lot coverage provision. 2.3.4 Parking The City of Belleville Zoning By-law requires 1.25 parking spaces per unit in areas that are zoned R7. The proposed development includes 1.11 parking spaces per unit, inclusive of four visitor parking spaces (39 spaces in total for 35 dwelling units). The applicant is comfortable providing the modified number of parking spaces per unit, as the location of the property offers multiple options for usage of transit and active transportation as alternatives to use of a private automobile. As noted in Section 2.2 of this Report, the CBOP encourages high density development on transit routes as a means of promoting alternative transportation options for residents. The property is located within a 10-15 minute commute by bicycle to both the City Centre and Loyalist College. There are proposed on and off-road cycling routes along Dundas Street West, and the road connects with the Zwick’s Park Trail. As the subject lands are located along multiple major bus routes and a growing active transportation network, it is our opinion that the proposed reduction in parking spaces per unit fulfills the CBOP’s stated intent to provide adequate parking for residents as well as promote access to transit as a consideration for high density development. 2.3.5 Landscaped Area The required minimum amount of landscaped area within the R7 Zone is 40% (1,323.75m2). As noted in the above table, 37.5% (1,241.42m2) of the subject property will be maintained as landscaped open space. Generally, landscaped open space provisions are intended to ensure that built areas include 19
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 adequate greenspace or pervious surfaces for both drainage and aesthetic purposes. It is our opinion that this reduction in the minimum landscaped open space is relatively minor and will not impact the overall drainage or aesthetics of the site. 2.3.6 Minimum Landscaped Strip Adjacent to Detached Dwelling Subsection 5 of Part J of the Zoning By-law requires that a landscaped strip of at least 3.0 metres be provided between a parking lot or driveway area on a property zoned R7 and an adjacent lot with a “detached one family dwelling”. As proposed, the driveway serving the proposed development will be 1.5 from the side lot line. This provision is intended to provide adequate visual and noise buffering and screening between high and low density development. It is our opinion that sufficient vegetative screening can be provided within the 1.5 metre strip on the subject lands. This width provides adequate space for vegetation, as well as fencing that can function as viable visual and sound screening for the adjacent lands. 2.3.7 Minimum Distance Between a Driveway and Exterior Wall (with Window) Subsection 5 also requires that the driveway and/or parking area within the R7 Zone be at least 1.5 metres from the exterior wall of a building or 7.5 metres from an exterior wall with a window to a habitable room. The intent of this provision is to provide appropriate separation from vehicles and open windows so as to avoid impacts from noise and exhaust on habitable space within a dwelling unit. As per the current design of the building, the windows of the first floor units on the west side of the building will be approximately 1.5 metres from the driveway to the parking area at the rear of the property. Although this is a significant reduction, it is proposed that the windows on the first floor on the east side will be unopenable and double-glazed; and air conditioning will be provided throughout the building in order to mitigate impacts from the driveway. Therefore, the reduced setback from the driveway area to the first-floor windows will not result in negative impacts to the first-floor units. 20
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 2.3.8 Summary of Zoning By-law Comments As noted herein, the proposed condominium building will require several site-specific provisions within a proposed R7-** Exception Zone. It is our opinion that the proposed modified provisions maintain the intent of the City of Belleville Zoning By-law and are appropriate for the subject lands. 2.4 Summary of Policy Considerations The rezoning of the subject lands to an R7 Exception Zone to permit the proposed 35-unit condo building is consistent with the provisions set out in the policy and regulations affecting the subject lands, including the Planning Act, R.S.O. 1990, as amended, the Provincial Policy Statement (2020) and the City of Belleville Official Plan and Zoning By-law. SUMMARY Based on the foregoing review of relevant policy considerations, and a detailed investigation of site suitability, this Report concludes that the Zoning By-law Amendment affecting the subject lands is consistent with both provincial and municipal planning policies and documents, and constitutes good planning. Respectfully submitted, ECOVUE CONSULTING SERVICES INC. J. Kent Randall B.E.S., MCIP, RPP Principal Planner 21
Dundas Street West Condo ZBA 421 Dundas Street West City of Belleville February 10, 2021 Appendix A Proposed Zoning By-law Amendment Text EcoVue Consulting Services Inc. 22
THE CORPORATION OF THE CITY OF BELLEVILLE BY-LAW NUMBER 20__-___ A BY-LAW TO AMEND CITY OF BELLEVILLE COMPREHENSIVE ZONING BY-LAW NUMBER 10245, AS AMENDED THE COUNCIL OF THE CORPORATION OF THE CITY OF BELLEVILLE ENACTS AS FOLLOWS: 1. THAT Schedule A to By-Law Number 10245, as amended, is hereby further amended by changing the zone category of certain lands located in Part of Lot 35, Broken Front Concession, former Township of Sidney and municipally known as 421 Dundas Street West from the Residential First Density (R1) Zone to the Residential Seventh Density Special 12 (R7-14) Zone as shown on Schedule “A” attached hereto and forming part of this By-law. 2. Subsection 6 of Part J of By-law Number 10245, as amended, is hereby further amended by adding the following subsection: “(12) Notwithstanding the provisions of Subsection 2 and 5 of Part J, within the area zoned R7-14, the following provisions shall apply: 1. Lot Frontage (minimum) 36 m 2. Interior Side Yard Width (minimum – east side) 4.5 m 3. Landscaped Area (minimum) 38% 4. Lot Coverage (maximum) 29.5% 5. Parking Spaces (minimum) 39 6. Landscaped Strip (minimum) 1.5 m 7. The minimum distance between a driveway and/or parking area, and the exterior wall of the main building on the lot, where there are windows to habitable rooms: 1.5 m 3. THIS BY-LAW shall come into force and effect upon final passing hereof, subject to the provisions of the Planning Act, R.S.O. 1990, c.P.12. Read a first time this ___ day of _______, 20__. Read a second time this ___ day of ________, 20__. Read a third time and finally passed this ___ day of __________, 20__. ____________________________ TASO CHRISTOPHER, MAYOR ________________________________ MATT MACDONALD, CITY CLERK
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