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DATE: November 4, 2013 REPORT: CD2013-204 TO: Chair and Members of Committee of the Whole FROM: Gregory Dworak, General Manager Community Services

1.0 TYPE OF REPORT CONSENT ITEM [ ] ITEM FOR CONSIDERATION [ X ] 2.0 TOPIC 2.1 APPLICATION NO: Zoning By-law Amendment PZ-18-13 2.2 APPLICANT: 1860227 Ontario Inc. 2.3 AGENT: Jamie McCulloch 2.4 LOCATION: 20 Puleston Street

3.0 RECOMMENDATION

THAT Zoning By-law Amendment Application PZ-18-13 submitted by Jamie McCulloch for lands located at 20 Puleston Street BE APPROVED by rezoning the lands to “Residential Type 3 Zone - Exception (R3-Exception)” to permit the conversion of a duplex dwelling into a triplex dwelling, in accordance with the applicable provisions as noted in Section 8.5 – Development Considerations of Report CD2013-204.

4.0 PURPOSE

An application has been received to amend the City of Brantford Zoning By-law, by changing the zoning from “Residential Type 2 Zone (R2)” to “Residential Type 3 Zone (R3)” to permit the conversion of a duplex dwelling into a triplex dwelling, with a reduced lot width of 15.4 metres.

Report CD2013-204 November 4, 2013

5.0 BACKGROUND This application applies to a parcel of land located on the southwest corner of Puleston Street and Darling Street (20 Puleston Street). Attached as Appendix A is a copy of an aerial photo indicating the location of the existing dwelling and subject lands. The property has a lot width of 15.4 metres, an area of approximately 675.91m², and contains a duplex dwelling with a walkout basement. The property is surrounded by multi-unit dwellings to the north, south east and west. Devereux Park is located to the northeast. The applicants propose to convert the existing walkout basement into a third dwelling unit, resulting in a triplex dwelling (3 units). Each unit will have a floor area of approximately 108 m², and have its own entrance from the exterior of the building. There will be six parking spaces created for the units.

The lands are currently zoned “Residential Type 2 (R2)”, which permits duplex dwellings on lots having a minimum lot width of 15.0 metres and a minimum lot area of 550.0 square metres. The applicant proposes to amend the Zoning Bylaw by changing the zoning to “Residential Type 3 Zone (R3)” to permit the triplex use, with an exception to recognize the existing lot width of 15.4 metres, whereas a lot width of 18 metres is otherwise required. Attached as Appendix B is a site plan showing the layout for the proposed dwelling. Included below are some recent images of the existing duplex located on the subject lands.

20 Puleston Street (view looking southwest at front and west side of dwelling from Puleston Street)


6.0 CORPORATE POLICY CONTEXT

6.1 STRATEGIC PLAN CONTEXT

This application was reviewed within the context of the Community Strategic Plan. One of the long term desired outcomes stated under Goal 3 of the Community Strategic Plan is: “Brantford will be known as a city that manages growth wisely, makes optimum use of its infrastructure, and is a leader in infill and brownfields redevelopment”. This proposal would assist the City in working toward this outcome as it is considered an opportunity for infill redevelopment through intensification by adding one additional residential unit and will make optimum use of existing infrastructure and would assist in achieving the objectives toward managing growth wisely.

7.0 INPUT FROM OTHER SOURCES

7.1 Technical Liaison Response

This application was circulated to internal departments and external agencies for review. The comments received are summarized in Appendix C, with detailed comments from the Engineering Department and Building Department attached in Appendices D and E. No objections were received.

20 Puleston Street (view looking northeast to rear of dwelling from Darling Street

cul-de-sac)

20 Puleston Street (view looking east to west side of dwelling from Darling Street

cul-de-sac)


7.2 Public Response

Notice of Public Hearing was issued to all property owners (82 owners) within a 120-metre radius of the subject lands, as illustrated in Appendix F, and by public notification signs posted on the subject property. At the time of writing of this report no written correspondence has been received as a result of the circulation. In consultation with the Ward Councillors, a Ward Meeting was not held in advance of the public meeting. However, a letter was mailed to all area residents describing the nature of the proposal and inviting them to contact the Ward Councillors or Planning Staff if they had any concerns or objections. If there were a significant number of concerns, a Ward Meeting would be held. Planning staff have not received any correspondence from the public with respect to this application.

7.3 Grand River Notification Area Input Notice was issued to representatives of the Six Nations of the Grand River and the Mississaugas of the New Credit Reserves. No comments were received to date. 7.4 Confederacy

Notice was issued to representatives of the Confederacy. No comments were received to date.

8.0 ANALYSIS

8.1 Official Plan Considerations Existing Land Use Designation: “Residential – Low Density”

Attached as Appendix G, is an extract from Schedule 1 – Land Use Plan of the City‟s Official Plan. The lands are currently designated “Residential Area – Low Density” in the Official Plan. The main permitted uses include single detached, semi-detached, duplex and triplex dwellings. The Official Plan also includes density criteria and the maximum net residential density for residential development in the Low Density designation shall generally not exceed 30 units per net residential hectare.

The conversion of the existing duplex dwelling into a triplex dwelling is considered to be in conformity with the policies in the Official Plan. This is discussed in more detail in Section 8.5 of the report.


8.2 Zoning Considerations

Existing Zoning: “Residential Type 2 Zone (R2)”

Proposed Zoning: “Residential Type 3 Zone – Exception (R3 – Exception) (exception to permit a

lot width of 15.4 metres)”

Attached, as Appendix H is a map identifying the zoning in the area of the subject lands. The lands are currently zoned “Residential Type 2 Zone (R2)” which permits single detached, semi-detached, duplex, and converted dwellings of up to 2 dwelling units. The applicant is proposing to change the zoning to „Residential Type 3 Zone (R3)‟ to permit the conversion of the duplex dwelling into a triplex dwelling by constructing an additional unit in the walkout basement. In order to accommodate the proposed dwelling unit, the applicant is also seeking an exception as follows from the requirements of the R3 Zone: 1. A minimum lot width of 15.4 metres, whereas the required lot width is 18.0

metres for triplex dwellings. The lot meets all other provisions of Zoning Bylaw 160-90, including yard setbacks and minimum lot area. 8.3 Provincial Policy Statement

This proposal is consistent with the Provincial Policy Statement as it proposes a low density form of housing on land that has the capacity to accommodate an additional residential unit, and is consistent with the infilling directives promoted by the Province of Ontario. This proposal would provide for an efficient use of land and services that are currently provided in the area.

8.4 Places to Grow Similar to the policies of the Provincial Policy Statement, Places to Grow encourages intensification of built-up areas in order to optimize the use of the existing land supply and to avoid the over-designation of new land for urban development. Although this application has the effect of increasing the number of new residential units by one, it still contributes toward meeting the intensification target of providing 40% of new residential development within the built-up area of the City.

8.5 Development Considerations

Official Plan Considerations The applicant is proposing to create a third unit in the basement of an existing duplex dwelling which results in a density of 40 units per hectare. Section 7.2.1.4


of the Official Plan states that variances to density may be permitted, where the intent of the Official Plan is maintained. The “Residential Area – Low Density” designation permits triplex dwellings, and therefore this application is considered to meet the intent of the Official Plan. Section 7.2.1 of the Official Plan provides policies to be applied when considering residential development. Section 7.2.1.22 of the Official Plan states: “Intensification of existing low density residential areas may be permitted through the infilling of vacant lots, the redevelopment of a residential lot or lots to create two or more dwelling units 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 an existing residential development. All intensification shall be subject to the availability of adequate water and sewage facilities. Infilling or redevelopment shall meet all the applicable standards of the comprehensive Zoning Bylaw including off-street parking and building setbacks. Redevelopment that creates more than two dwelling units shall be subject to site plan control. The re-development of the existing duplex dwelling into a triplex dwelling will provide additional housing opportunities and make efficient use of existing services, and is in general conformity with the Zoning Bylaw. Zoning Considerations

With regard to the proposed “Residential Type 3 (R3)” zoning, the current proposal is able to provide sufficient parking, meets the required building setbacks, and the minimum lot area requirements of Zoning Bylaw 160-90. The lot does not meet the minimum lot width requirements. The bylaw requires a minimum lot width of 18 metres for triplex dwellings, whereas the applicant has an existing lot width of 15.4 metres. The applicant has applied for the inclusion of a special exception to address this deficiency. The residential lot width provisions contained in Zoning Bylaw 160-90 are based upon providing sufficient amenity space for the occupants, and ensuring that sufficient parking can be accommodated on site. In this instance, the property is a deep walkout lot, and all access to the property for parking purposes occurs at the rear off of Darling Street. The lot area exceeds the minimum provisions of the Zoning Bylaw, and the applicant is able to provide double the parking spaces than required by the bylaw. The requirements for rear and interior side yards can be met or exceeded which provide separation and buffering between the dwelling and the residences on the adjacent properties.


Roads Engineering Staff have commented that a portion of the City sidewalk encroaches onto this property. They have indicated that this portion of the cul-de-sac was surveyed for road widening purposes in 1977, however it was never conveyed to the City. This will need to be addressed through the site plan control process. Site Plan Control Site Plan Control is automatically applicable to these lands upon rezoning, and would be required as part of any approvals for this project. This will allow for the review of such matters as access and parking, services, grading and drainage, as well as landscaping and buffering. All matters would be implemented through an agreement prior to the project proceeding.

9.0 FINANCIAL IMPLICATIONS There are no direct Municipal financial implications respecting this application. 10. CONCLUSION

The proposed redevelopment of these lands to accommodate a triplex dwelling is considered to conform to the objectives and intent of the City‟s Official Plan, the Provincial Policy Statement and Places to Grow legislation. The proposal represents an intensification opportunity that would increase the number of dwelling units on this lot by one and facilitate an appropriate and compatible land use in the area. It would also take advantage of existing infrastructure, which is encouraged by provincial planning policies as well as the land use policies for the City of Brantford. Based on the above considerations, Planning Staff support the application to amend the Zoning Bylaw, and is of the opinion that it represents good planning.

________________________ ____________________________ Karen Pongracz, MCIP, RPP Lucy Hives, MCIP, RPP Current Development Planner Manager, Current Planning

Community Services Community Services _______________________ ____________________________ Paul Moore, MCIP, RPP Gregory Dworak, MCIP, RPP Director, Planning General Manager

Community Services Community Services In adopting this report, is a by-law or agreement required? If so, it should be referenced in the recommendation section. By-law required [ X] yes [ ] 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


APPENDIX A Aerial Photo


APPENDIX B Site Plan


APPENDIX C Agency Comments

TECHNICAL LIASON INPUT

Department / Agency Comment

Engineering Department Attached as Appendix „E‟

Building Department Attached as Appendix „F‟

Finance Department No comment received.

Fire Prevention Officer Please be advised that the Brantford Fire Department has no objection to the above noted zoning amendment application provided: the creation of the third unit is done under a building permit and completed to the satisfaction of the Brantford Building Department.

Heritage Planning No comment received.

Parks and Recreation No comment received.

Real Estate Department No comment received.

Brant Haldimand Norfolk Catholic District School Board

No comments.

Bell Canada No comment received.

Brantford Police Service No comment received.

Brantford Power No comment received.

Canada Post No comment received.

Grand River Conservation Authority No comment received.

Ministry of Transportation No comment received.

Roger‟s Cable TV No comment.

Union Gas Limited No comment received.

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