Page 54 of Report PB-31-11 APPENDIX I OFFICIAL PLAN AMENDMENT 85 AMENDMENT NO. 85 TO THE OFFICIAL PLAN OF THE BURLINGTON PLANNING AREA CONSTITUTIONAL STATEMENT The details of the Amendment as contained in Part B of this text constitute Amendment No. 85 to the Official Plan of the Burlington Planning Area, as amended. PART A — PREAMBLE 1. PURPOSE OF THE AMENDMENT The purpose of the amendment is to permit the development of a 14 storey, 115 unit apartment building (13 residential storeys) with one level of underground parking at 470, 474, 476, 480 and 486 Brock Avenue with a maximum density of 353 units per hectare. 2. SITE AND LOCATION The subject lands are located on the west side of Brock Avenue between Elgin Street and Ontario Street and are referred to municipally as 470, 474, 476, 480 and 486 Brock Avenue. These properties have been assembled for the proposed development. The property has a frontage of approximately 71.3 m on Brock Avenue and a land area of approximately 0.32 hectares. To the north of this site are three properties zoned H-DRH (High Density Residential with a Holding Designation) and three 18 storey apartment buildings, to the east is an Ontario Hydro Corridor and a municipal parking lot, to the west is a 15 storey apartment building and to the south is a hydro substation and an 11 storey apartment building. 3. BASIS FOR THE AMENDMENT a) The subject applications propose intensification that is consistent with the Provincial Policy Statement (PPS). The PPS promotes densities for new housing which efficiently use land, resources, infrastructure and public service facilities, and support the use of public transit. b) Intensification of land within built-up, serviced areas of the city makes more efficient use of existing developed lands and meets the intent of the Provincial Places to Grow Plan and the Region of Halton Official Plan. c) The property is identified within the boundary for the Downtown Urban Growth Centre Boundary. Within the Urban Growth Centre boundary as delineated Page 55 of Report PB-31-11 on Schedule B, Comprehensive Land Use Plan-Urban Planning Area, and Schedule E, Downtown Mixed Use Centre, the target is established of a minimum gross density of 200 residents and jobs per hectare, in accordance with the "Places to Grow" Growth Plan for the Greater Golden Horseshoe, 2006. The proposed higher intensity development with 115 units will achieve and contribute to reaching the target density in this Centre. d) In the Downtown Mixed Use Centre, development shall be permitted in accordance with the land use designations of Schedule E, Land Use Plan - Downtown Mixed Use Centre. The Downtown Mixed Use Centre Land Use Plan designates the subject lands, "Downtown Residential-Medium and/or High Density Precincts". The objective of this precinct is to recognize the variety of the existing residential medium and/or high density development that currently exists within these precincts and to provide for future medium or high density residential development or re-development which is compatible with existing development. The character of this area is defined by a mix of residential building types, including tall apartment buildings. The 14 storey building height is similar to adjacent buildings. The goal has been to create a development that is sensitive and responsive to the character of this precinct, and this has been achieved through building design and siting. The proposed site layout and building form will contain various urban design features that will integrate the building into the existing area. Features such as building massing, podium/arcade, stepping of the building to reduce impact of height, building top design, screening of parking, landscaping and a publicly accessible landscape and public art feature -contribute to the compatibility with the existing area. e) The Downtown Residential-Medium and/or High Density Precincts allows ground or non-ground oriented housing units at a density ranging from 26-185 units per net hectare. f) The applicant has submitted shadow, wind, vista, and traffic impact studies to illustrate the impacts of the proposed building on neighbouring development and the intensification of the subject property will not unreasonably impact adjacent lands. g) The subject site is located within close proximity to a neighbourhood plaza, it is a short walk to Mapleview Mall or Brant Street (downtown), and close to a supermarket and other services in the Maple Mews plaza located at the north- east corner of Maple Avenue and Fairview Street. There is convenient access to schools, parks, the art centre and Joseph Brant hospital. h) The property is located one block east of Maple Avenue which is identified as a major public transit corridor. Maple Avenue provides a connection to the Page 56 of Report PB-31-11 Fairview GO inter-regional transit station. Burlington Transit provides bus service in close proximity to the site. PART B — THE AMENDMENT 1. DETAILS OF THE AMENDMENT Map Change None Proposed Text Change The text of the Official Plan of the Burlington Planning Area, as amended, is hereby amended as follows: By adding the following policy d) in Part III, Section 5.5 Downtown Mixed Use Centre, Subsection 5.5.5 Downtown Residential Medium and/or High Density Precincts, as follows: "East side of d) Notwithstanding Part III, Subsection 5.5.5 b) ii), within the Brock Downtown Residential Medium and/or High Density Precincts Avenue, north designation located at the northwest corner of Elgin Street and of Elgin Street Brock Avenue, one 14 storey apartment building having a maximum density of 353 units per hectare is permitted." 2. INTERPRETATION This Official Plan amendment shall be interpreted in accordance with the "Interpretation" policies of Section 3.0, Interpretation, of Part VI, Implementation of the Official Plan of the Burlington Planning Area. 3. IMPLEMENTATION This Official Plan Amendment will be implemented in accordance with the appropriate "Implementation" policies of Part VI of the Official Plan of the Burlington Planning Area. Page 57 of Report PB-31-11 APPENDIX II Conditions of Zoning Approval Prior to the enactment of the amending zoning by-law, the owner shall sign the City's standard Residential Development Agreement, and any other necessary agreements in effect on the date of signing, within one year of the date of Council approval, failing which, Council's approval shall lapse, said Agreement to contain the following conditions: 1. Complete the following to the satisfaction of the Director of Engineering: i) With the site plan application, submit A MOE acknowledged Record of Site Condition Pay for burial of hydro (100% of cost), upgraded street lighting, sidewalk and curbing (50% of cost) and tree planting (100 % of cost) along the west side of Brock Avenue, from Elgin Street to Ontario Street. iii) Submit an updated noise report to address compliance of the project's stationary noise sources with the Ministry of the Environment's noise criteria (NPC-216, residential air conditioning devices and NPC-205, stationary sound level limits), and compliance with MOE noise criteria for all residential units and OLA's. iv) Include the following warning clause in all Offers of Purchase and Sale and in the Condominium Declaration: "Purchasers/tenants are advised that despite the inclusion of noise control features for this development and within building units, sound levels due to increasing road traffic may on occasion interfere with some activities of the dwelling occupants and exceed the Municipality's and the Ministry of the Environments noise criteria. This dwelling unit has been equipped with a central air conditioning system which will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the Municipality's and the ministry of the Environment's noise criteria." 2. Complete the following to the satisfaction of the Directors of Planning and Building: a) Agree to the inclusion of warning clauses in all Offers of Purchase and Sale, and if applicable Tenancy Agreement and in the Condominium Page 58 of Report PB-31-11 Declaration that each unit has been designed to accommodate one vehicle and that on-street parking will only be permitted in accordance with the City's on street parking By-law. b) Agree not to remove existing trees until draft Site Plan approval or at a later stage. c) With the site plan application, agree to include streetscaping details including street furniture along Brock Avenue and enhanced landscaping with decorative public art along Elgin Street. d) With the site plan application, agree to submit a contract with a private waste and recycling collection service for the proposed development. e) Agree to remove existing fencing along the north and west property lines, and at the site plan approval stage provide a revised landscape plan showing the installation of 1.8m high solid wood board fence. 3. Complete the following to the satisfaction of the City Forester: a) Prior to site plan approval, obtain a tree permit for retention and protection of existing City trees. A refundable deposit of $200.00 is required. Council approval and compensation will be required for the removal of City trees pursuant to tree by law 19-1975. In addition, City tree securities will also be required at the tree preservation approval stage. b) At the Site Plan stage, Council approval of City tree removal and payment of compensation will be required. c) At the Site Plan Approval stage, submit a detailed tree preservation plan, with protection and construction recommendations confirmed and noted by a certified arborist. d) Letter of confirmation from the contractor/project manager responsible for the site's development, that all the tree saving documentation contained in the site plan approval, consisting of tree protection standards and hoarding in vicinity of trees being saved, has been reviewed and agreement to comply with the approved tree saving measures.