city of hamilton · by-law for lands located at 5 hunt street (hamilton) (pd04066) (ward 1)...

26
AFFECTS WARD 1 CITY OF HAMILTON PLANNING AND DEVELOPMENT DEPARTMENT Development Division Report to: Chairman and Members Planning & Economic Development Committee Submitted by: Lee Ann Coveyduck General Manager Date: File: February 13, 2004 OPA-03-25, ZAR-03-91 Prepared by: Anita Fabac (905) 546-2424, Ext. 4445 SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25 Imperial Oil Limited (c/o Don Dussault), owner , for a change in designation on Schedule “A” – Land Use Plan of the City of Hamilton Official Plan, by re- designating the subject land from “Residential” to “Commercial” and to designate the lands as a site-specific “Commercial” designation to restrict the site to limited commercial uses, for lands located at 5 Hunt Street (Hamilton), as shown on Appendix “A” to Report PD04066; (b) That approval be given to Amended Zoning Application ZAR-03-91, Imperial Oil Limited (c/o Don Dussault), owner , for changes in zoning from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” – ‘H’ (Community Shopping and Commercial, etc - Holding) District, Modified (Block “1”), and from “H” (Community Shopping and Commercial, etc.) District, Modified, to “H” – ‘H’ (Community Shopping and Commercial, etc. – Holding) District, Modified (Block “2”), for lands known municipally as 5 Hunt Street, 17-21 Dundurn Street North and 648 King Street West, as shown on Appendix “A” to Report PD04066, on the following basis: (i) That Block “1” be rezoned from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” – ‘H’ (Community Shopping and Commercial, etc. - Holding) District, Modified;

Upload: others

Post on 04-Jul-2020

32 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

AFFECTS WARD 1

CITY OF HAMILTON

PLANNING AND DEVELOPMENT DEPARTMENT

Development Division Report to:

Chairman and Members Planning & Economic Development Committee

Submitted by:

Lee Ann Coveyduck General Manager

Date: File:

February 13, 2004 OPA-03-25, ZAR-03-91

Prepared by: Anita Fabac (905) 546-2424, Ext. 4445

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning

By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1)

RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Imperial Oil Limited (c/o Don Dussault), owner, for a change in designation on Schedule “A” – Land Use Plan of the City of Hamilton Official Plan, by re-designating the subject land from “Residential” to “Commercial” and to designate the lands as a site-specific “Commercial” designation to restrict the site to limited commercial uses, for lands located at 5 Hunt Street (Hamilton), as shown on Appendix “A” to Report PD04066;

(b) That approval be given to Amended Zoning Application ZAR-03-91, Imperial

Oil Limited (c/o Don Dussault), owner, for changes in zoning from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” – ‘H’ (Community Shopping and Commercial, etc - Holding) District, Modified (Block “1”), and from “H” (Community Shopping and Commercial, etc.) District, Modified, to “H” – ‘H’ (Community Shopping and Commercial, etc. – Holding) District, Modified (Block “2”), for lands known municipally as 5 Hunt Street, 17-21 Dundurn Street North and 648 King Street West, as shown on Appendix “A” to Report PD04066, on the following basis:

(i) That Block “1” be rezoned from “D” (Urban Protected Residential – One

and Two Family Dwellings) District to “H” – ‘H’ (Community Shopping and Commercial, etc. - Holding) District, Modified;

User Instructions
Insert Department Name in Bold and in Capital Letters. ie. FINANCE AND CORPORATE SERVICES DEPARTMENT
User Instructions
Insert Division Name in Bold and in Lower Case. i.e. City Clerk's Division
User Instructions
Address reports to Mayor and Members Committee of the Whole or Mayor and Members Hearings Sub-Committee
User Instructions
Name will automatically be displayed
User Instructions
Insert Name of Report Writer and Telephone Extension
User Instructions
Date will automatically be displayed
User Instructions
Date will automatically be displayed
User Instructions
Insert Name of Report Writer and Telephone Extension
User Instructions
Enter a short, specific subject title followed by the Department Tracking Number (i.e. CS01096). The Tracking Number is to contain no spaces, hyphens or dashes. If you are preparing a supplementary report to a former report (i.e. Council requested additional information on an issue and staff was directed to prepare a follow-up report), please use the original Tracking Number, followed by an (a), or (b) etc. depending on how many supplementary reports exist on this same issue. For example: CS01096(a) Please try to keep your titles to no more than two lines. Also, ensure that you have indicated at the end of your subject line which Ward is affected by your report.
User Instructions
Please use the following numbering sequence for recommendations when more than one recommendation is necessary: (a) (i) (1) (aa). You will note the open and closed brackets. Do not number a recommendation (a) if there is no subsequent recommendation (b) to follow. Each recommendation must "stand alone". Answering the following questions will assist in formulating a complete recommendation: Who? What? Where? Why? How/How much? Also, include the appropriate financial information if your recommendation will impact your Departmental or Corporate Budget. When Appendices are attached to reports, please ensure that the following wording is used in your recommendation: "That Appendix A attached to Report CS01096" etc. DO NOT USE AUTOMATIC NUMBERING IN YOUR RECOMMENDATIONS!
Page 2: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 2 of 14

(ii) That the “H” (Community Shopping and Commercial, etc.) District provisions, as contained in Section 14 of Zoning By-law No. 6593, applicable to Block “1”, be modified to include the following special requirements:

(1) That notwithstanding Subsection 18(3)(ivc)(c) of Zoning By-law No.

6593, a visual barrier of not less than 2.0 metres in height and not greater than 3.0 metres in height shall be erected and maintained within the required planting strip adjacent to the westerly limits of Block “1”, except that the visual barrier shall not be less than 1.2 metres in height and not more than 2.0m in height within a distance of 3.0 metres from the northerly limits of Block “1”;

(2) That notwithstanding Subsection 18(3)(ivc)(c) of Zoning By-law No.

6593, a visual barrier of not less than 1.2 metres in height and not greater than 2.0 metres in height shall be erected and maintained within the required planting strip adjacent to the northerly limits of Block “1”; and,

(3) That no vehicular access to, or egress from, Hunt Street shall be

permitted;

(iii) That Block “2” be rezoned from “H” (Community Shopping and Commercial, etc.) District to “H” – ‘H’ (Community Shopping and Commercial, etc. - Holding) District, Modified;

(iv) That the “H” (Community Shopping and Commercial, etc.) District

provisions, as contained in Section 14 of Zoning By-law No. 6593, applicable to Block “2”, be modified to include the following special requirements:

(1) That notwithstanding Subsection 14(9)(ii) of Zoning By-law No. 6593,

a landscaped area, having a minimum width of 0.8 metres, shall be provided and maintained adjacent to King Street West except for the area used for access driveway;

(2) That notwithstanding Subsection 18.(3)(ivc)(a) of Zoning By-law No.

6593, a minimum building setback of 5.0 metres shall be provided and maintained from the northerly limits of Block “2”; and,

Page 3: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 3 of 14

(3) That notwithstanding Subsection 18.(3)ivc)(c) of Zoning By-law No. 6593, a visual barrier of not less than 2.0 metres in height and not greater than 3.0 metres in height shall be erected and maintained along the northerly limits of Block “2” for that portion of the lot line abutting a residential district or use;

(v) That the “H” (Community Shopping and Commercial, etc.) District

provisions, as contained in Section 14 of Zoning By-law No. 6593, applicable to Blocks “1” and “2”, be modified to include the following special requirements:

(1) That notwithstanding Subsection 14(1)(xviia) of Zoning By-law No.

6593, the following uses shall be prohibited:

(aa) a manual car wash; (bb) a mechanical car wash; (cc) a coin operated car wash; and. (dd) a high-speed car wash;

(2) That notwithstanding Section 18A(1)(d) and Table 4 of Subsection

18A, one loading space of at least 9.0m x 3.5m x 4.3m shall be provided and maintained.

(c) That the amending By-law apply the Holding provisions of Section 36 (1) of the

Planning Act, R.S.O., 1990, to the subject lands by introducing the Holding symbol ‘H’ as a suffix to the proposed Zoning District. The Holding provision will prohibit the development of the subject lands until such time as Site Plan Control Application DA-02-215 has been finally approved, which will be amended to include the proposed redevelopment of 5 Hunt Street, to the satisfaction of the Director of Development and Real Estate, Planning and Development Department. City Council may remove the ‘H’ symbol and, thereby, give effect to the “H” District provisions, by enactment of an amending By-law once the condition is fulfilled;

(d) That Zoning By-law No. 02-201 be repealed in its entirety; (e) That the General Manager, Planning and Development Department, be authorized

and directed to prepare a By-law, in a form satisfactory to Corporate Counsel, to amend Zoning By-law No. 6593 and Zoning District Map W-22, for presentation to City Council;

Page 4: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 4 of 14

(f) That the amending By-law be added to Section 19B of Zoning By-law No. 6593 as Schedule S - , and that the subject lands on Zoning District Map W-22 be notated as S - ;

(g) That the proposed change in zoning will be in conformity with the Official Plan for

the Hamilton Planning Area upon finalization of the proposed Official Plan Amendment No.___;

(h) That upon finalization of the implementing Zoning By-law, that the approved

Strathcona Neighbourhood Plan be amended to redesignate the subject lands from “Single and Double” Residential to “Commercial”; and,

(i) That upon satisfying the conditions of the ‘H’ symbol and submitting the required

fee, the Director of Development and Real Estate, Planning and Development Department, be authorized and directed to give the prescribed notice in accordance with the provisions of the Planning Act and to prepare a By-law, in a form satisfactory to Corporate Counsel, to remove the ‘H’ symbol for presentation to City Council.

Lee Ann Coveyduck General Manager Planning and Development Department EXECUTIVE SUMMARY:

Application for an Official Plan Amendment An application for an Official Plan Amendment has been made for a redesignation of the lands located at 5 Hunt Street, shown on the attached map marked as Appendix “A”, from “Residential” to “Commercial” and to designate the lands as a site-specific “Commercial” to restrict the site to limited commercial uses. A manual, automatic, coin-operated or high-speed car wash will not be permitted. The purpose of the proposed Official Plan Amendment is to permit the lands to be developed in conjunction with the existing automobile service station located at 648 King Street West and 17-21 Dundurn Street North, as shown on the conceptual site plan marked as Appendix “B”. The lands will be used for additional parking and landscaping.

User Instructions
The Executive Summary will highlight key issues within the report and provide a high level overview of the subject matter. It is expected that a member of Council will be able to read this section and have a good, general understanding of the report’s subject matter and the major issues being discussed. Included in this section will be the rationale for the recommendation being presented.
Page 5: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 5 of 14

Application for a Change in Zoning An application has been submitted for a change in zoning from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” (Community Shopping and Commercial, etc.) District, Modified, for the property known municipally as 5 Hunt Street, as shown on the attached map marked as Appendix “A”. The effect of the change in zoning is to permit 5 Hunt Street to be developed in conjunction with the existing automobile service centre located at 648 King Street West and 17-21 Dundurn Street North. The lands will be used for additional parking spaces and for landscaping. The application has been amended to establish the Holding provisions of Section 36(1) of the Planning Act on the subject lands by introducing the Holding symbol ‘H’ as a suffix to the proposed “H” District zoning for Blocks “1” and “2”. The Holding provision will prohibit development of the subject lands until such time as Site Plan Control Application DA-02-215 has been finally approved, which will be amended to include the proposed redevelopment of 5 Hunt Street. Once these conditions have been fulfilled, City Council may remove the ‘H’ symbol and, thereby, give effect to the “H” District provisions, by enactment of an amending By-law. In addition, Zoning By-law No. 02-201, applicable to 648 King Street West and 17-21 Dundurn Street North, will be repealed in its entirety. The current application will incorporate the special requirements that were implemented through this By-law. The applications have merit and can be supported as the proposal conforms with the policies of the Provincial Policy Statement, the Hamilton-Wentworth Official Plan and the proposal meets the general intent of the City of Hamilton Official Plan. Additionally, the proposed use would be compatible with the surrounding commercial uses. BACKGROUND:

Proposal

The owner has submitted an application for an Official Plan and Zoning By-law Amendment to permit the redevelopment of 5 Hunt Street in conjunction with the existing automobile service station located at 648 King Street West and 17-21 Dundurn Street North, as shown in Appendix “A”. The purpose of the Official Plan Amendment is to change the designation from “Residential” to “Commercial” and to designate the lands as a site-specific “Commercial” to restrict the site to limited commercial uses.

User Instructions
The Background Section is intended to provide the reader with the chronology of events and issues leading to the matter being presented to Committee.
Page 6: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 6 of 14

The purpose of the Zoning By-law Amendment application is for a change in zoning from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” (Community Shopping and Commercial, etc.) District, Modified.

The applicant has submitted a conceptual plan for the redevelopment of the site (see Appendix “B”). Development on the lands known as 5 Hunt Street will include four additional parking spaces and additional landscaping.

Previous Development Applications

Official Plan Amendment No. 177 and By-law No. 02-201

The purpose of Official Plan Amendment No. 177 was to re-designate a portion of the property at 648 King Street West from “Residential” to “Commercial” and to designate the lands as a site-specific “Commercial” designation to restrict the site to limited commercial uses. A manual, automatic, coin-operated or high-speed car wash were not permitted (refer to Appendix “C”).

Zoning By-law No. 02-201 was for a change in zoning from “D” (Urban Protected Residential – One and Two Family Dwellings) District to “H” (Community Shopping and Commercial, etc.) District (Block “1”) and for a modification to the established “H” (Community Shopping and Commercial, etc.) District (Block “2”) for lands located at the northwest corner of King Street West and Dundurn Street North, known municipally as 648 King Street West and 17-21 Dundurn Street North (refer to Appendix “D”).

The effect of the by-law was to permit the use of the subject lands for an automobile service station subject to the following special provisions:

(a) A visual barrier of not less than 2.0m in height and not greater than 3.0m in

height shall be erected and maintained within the required planting strip adjacent to the westerly limits of Block “1” and along the northerly limits of Block “2” for that portion of Block “2” abutting a residential district or use;

(b) A visual barrier of not less than 1.2m in height and not greater than 2.0m in

height shall be erected and maintained within the required planting strip adjacent to the northerly limits of Block “1”;

(c) Prohibited vehicular access to, or egress from, Hunt Street;

(d) Permitted the building to be setback a minimum of 5.0m from the northerly limits

of Block “2”;

Page 7: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 7 of 14

(e) Required the development to provide and maintain one loading space of at least 9.0m x 3.5m x 4.3m in size; and,

(f) Prohibited the following uses on the subject lands;

i. A manual car wash; ii. A mechanical car wash;

iii. A coin operated car wash; and, iv. A high-speed car wash.

Official Plan Amendment No. 177 and Zoning By-law No. 02-201 came into effect on July 10, 2002. Site Plan Control Application 02-215 A Site Plan Control application was submitted in November 2002 and was conditionally approved on December 20, 2002. The application was for the redevelopment of 648 King Street West and 17-21 Dundurn Street North for an automobile service station (excluding a car wash) comprised of eight gasoline pump islands and a 300m2 (3,200 sq. ft.) convenience store with 819m2 of landscaped area and eleven parking spaces. To date the plans have not yet received final approval.

Details of Submitted Application

Applicant: Imperial Oil Limited (c/o Don Dussault)

Agent: Armstrong, Goldberg, Hunter (c/o Michael Goldberg) Location: 5 Hunt Street (See Appendix “A”) Description: Frontage: Approximately 7.6m (25ft)

Depth: Approximately 24m (80ft) Area: Approximately 185m2 (0.05 acres)

Page 8: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 8 of 14

Existing Land Use and Zoning: Existing Land Use Existing Zoning

Subject Lands: Vacant “D” (Urban Protected

Residential – One and Two Family Dwellings) District

Surrounding Lands:

North Residential and Commercial “D” (Urban Protected Residential – One and Two Family Dwellings) District

East Residential and Commercial “D” (Urban Protected Residential – One and Two Family Dwellings) District and “H” (Community Shopping and Commercial, etc.) District

South Commercial “K” (Heavy Industry, etc.) District, “H” (Community Shopping and Commercial, etc.) District and “G-3” (Public Parking Lots) District

West Commercial and Residential “H” (Community Shopping and Commercial, etc.) District and “D” (Urban Protected Residential – One and Two Family Dwellings) District

FINANCIAL/STAFFING/LEGAL IMPLICATIONS: Financial: N/A Staffing: N/A Legal: As required by the Planning Act, Council shall hold at least one (1)

Public Meeting to consider an application for an Official Plan and Zoning By-law Amendment.

User Instructions
Ensure that all implications affecting the Corporation of a financial, staffing or legal nature are clearly defined in this section. Divide the three categories up into sub-sections within this section of the report.
Page 9: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 9 of 14

POLICIES AFFECTING PROPOSAL: Provincial Policy Statement The proposal falls within the parameters and has sufficient regard for the Provincial Policy Statement (PPS). Hamilton-Wentworth Official Plan The subject property is designated as Urban Area within the Hamilton-Wentworth Official Plan. Policy 3.1 states that a wide range of urban uses, defined through Area Municipal Official Plans and based on full municipal services, will be concentrated in the Urban Areas. Therefore, as the nature of the application is for the redesignation of the subject lands to be incorporated into the existing commercial operation located at 648 King Street West for parking, buffering and landscaping purposes, the proposal does not conflict with the intent of the Hamilton-Wentworth Official Plan policies. City of Hamilton Official Plan The subject property is designated “Residential” on Schedule “A” – Land Use Concept of the City of Hamilton Official Plan. An Official Plan Amendment is required to redesignate the lands from “Residential” to “Commercial”. The following policies, among others, of the City of Hamilton Official Plan are applicable: “A.2.2.1 The primary uses permitted in the areas exceeding 0.4 hectare designated

on Schedule “A” as COMMERCIAL will be for Commerce. In this regard, Commerce is defined as establishments involved in the buying and selling of goods and services; business offices; and hotels, convention and entertainment facilities.

A.2.2.31 In considering proposals for new AUTOMOBILE SERVICE CENTRES,

Council will require that the following provisions are complied with in all respects:

(ii) AUTOMOBILE SERVICE CENTRES will only be permitted where

the movement of traffic and/or pedestrians in the vicinity of the site will not be endangered or congestion increased by virtue of their location and operation

User Instructions
If the recommendation will bind the corporation or alter or contravene an established City Policy, please indicate this information in this section.
Page 10: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 10 of 14

A.2.2.32 Council will endeavour to minimize the impacts of AUTOMOBILE SERVICE STATIONS on adjacent land uses through measures such as, but not limited to, the following:

ii) the requirement of fencing and/or landscaped buffer strips to

effectively screen the operation; A.2.2.35 Where COMMERCIAL USES are proposed to be developed adjacent to

Residential land uses, Council will be satisfied that the following provisions are adequately met:

i) Access drive, parking and service areas will be screened and/or

buffered such that noise, light or undesirable visual impacts emanating from the COMMERCIAL USE are mitigated;

ii) Light standards will be of a height that is in scale with the Light

from standards or other external lighting fixtures, excluding those used for store and window display or wall illumination, will be directed downwards and shielded or oriented as much as practicable away from the adjacent Residential Uses; and,

iii) Light standards will be of a height that is in scale with the facility,

but will not be of a height sufficient to create a nuisance to adjacent land uses.

A.2.2.40 Where possible, loading facilities and parking space for delivery vehicles

will be located, buffered and screened, so as to minimize adverse impacts on adjacent Residential Uses.”

The subject property is currently designated “Residential”. The residential designation does permit limited individual or groups of commercial uses on sites that do not exceed 0.4 hectares in area. However, Automobile Service Centres are not permitted. Accordingly, the applicant has submitted an Official Plan Amendment to redesignate the lands to “Commercial” to permit an Automobile Service Centre on 5 Hunt Street. These lands will be used for additional parking and landscaping as part of the existing automobile service centre. The Official Plan policies require that automobile service stations be effectively screened through the incorporation of appropriate landscaping and fencing to protect adjacent property owners from potential noise, light and visual impacts. The applicant has proposed a 3m landscape strip along the westerly property boundary of 5 Hunt

Page 11: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 11 of 14

Street and will be required to provide a visual barrier of not less than 2.0 metres in height and not greater than 3.0 metres in height along the westerly limits of the property. By incorporating these landscaping and fencing requirements, the proposal meets the general intent of the Official Plan. Neighbourhood Plan The subject lands are designated as “Single and Double” Residential in the approved Strathcona Neighbourhood Plan. The proposal does not meet the general intent of the Strathcona Neighbourhood Plan, therefore, an amendment is required to redesignate the lands from “Single and Double Residential” to “Commercial”. CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES: Agencies/Departments Having No Comment or Objections • Public Health and Community Services, Culture and Recreation • Public Works, Operations and Maintenance • Public Health and Community Services, Environmental Health Branch Bell Canada advised that they require one or more conduit or conduits of sufficient size from each unit to the electrical room and one or more conduits from the electrical room to the street line. PUBLIC CONSULTATION: As part of the previous Official Plan and Zoning By-law Amendment application a public information meeting was held. All issues raised by the neighbours were incorporated into Official Plan Amendment No. 177 and By-law No. 02-201. As this application is to include 5 Hunt Street in the proposal for additional landscaping and parking and as the special requirements outlined in OPA No. 177 and By-law No. 02-201 will remain or will be applied to 5 Hunt Street, the application has been exempted from the preliminary circulation requirements in accordance with the Public Participation Policy adopted by Council on May 29, 2003. CITY STRATEGIC COMMITMENT:

The City of Hamilton’s Strategic Plan encourages development, which makes efficient and economical use of infrastructure and services. The proposed zoning and Official Plan Amendment would not have any negative social, health, or environmental impacts.

User Instructions
Please advise which outside agencies have been consulted in the preparation of your report. Also indicate consultation with relevant staff. (i.e. if your report has legal ramifications for the Corporation, you should have consulted with Legal Services)
User Instructions
Please indicate how your recommendation/report affects or impacts sustainable development in the New city. Ensure that the following categories are addressed: Health Impacts; Social Impacts; Environmental Impacts and Economic Impacts.
User Instructions
Please indicate how your recommendation/report affects or impacts sustainable development in the New City. Ensure that the following categories are addressed: Health Impacts, Social Impacts, Environmental Impacts and Economic Impacts
Page 12: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 12 of 14

The proposal meets the goals of Vision 2020 in that the subject property promotes the local economy. COMMENTS: 1. The proposal for an Official Plan and Zoning By-law Amendment has merit and

can be supported for the following reasons:

(i) incorporating 5 Hunt Street into the existing commercial development at 648 King Street West and 17-21 Dundurn Street North provides for a minor extension of the existing automobile service station in accordance with the City’s requirements for landscaping and fencing;

(ii) the proposal provides for additional parking and landscaping associated

with the existing automobile service station;

(iii) the proposal provides for adequate buffering; and, (iv) the proposed commercial development would be compatible with the

existing commercial uses to the east, west and south. 2. The subject lands will be included as part of Special Policy Area 86, which

relates specifically to 648 King Street West and 17-21 Dundurn Street North. The purpose of the SPA will be to prohibit use of the subject lands for a manual, mechanical, coin-operated and a high-speed car wash. These uses were prohibited as part of Official Plan Amendment No. 177 in response to concerns raised by the residents at a neighbourhood information meeting held in May 2002, and as such, the SPA has been extended to cover 5 Hunt Street in order to maintain continuity on the site with respect to permitted uses.

3. Zoning By-law No. 02-201 will be repealed in its entirety for administrative

purposes. Accordingly, the special requirements implemented through By-law 02-201 will be incorporated into this application. These special requirements include the following:

Block 1

(a) a visual barrier of not less than 2.0 metres in height and not greater than 3.0 metres in height within the required planting strip adjacent to the westerly limits, except that the visual barrier shall not be less than 1.2

User Instructions
Please indicate how your recommendation/report affects or impacts sustainable development in the New city. Ensure that the following categories are addressed: Health Impacts; Social Impacts; Environmental Impacts and Economic Impacts.
Page 13: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 13 of 14

meters in height and not more than 2.0 metres in height within a distance of 3.0 metres from the northerly limits;

(b) a visual barrier not less than 1.2 metres in height and not greater than 2.0 metres adjacent to the northerly limits;

Block 2 (a) a minimum building setback of 5.0 metres from the northerly limits;

(b) a visual barrier not less than 2.0 metres in height and not greater than 3.0

metres along the northerly limits for that portion of the lot line abutting a residential district or use;

Blocks 1 and 2 (a) the following uses shall be prohibited:

i. a manual car wash; ii. a mechanical car wash; iii. a coin operated car wash; and, iv. a high-speed car wash

(b) one loading space of at least 9.0m x 3.5m x 4.3m

An additional variance has been included and shall provide for a landscaped area having a minimum width of 0.8 metres adjacent to King Street West except for the area used for access driveway. This special requirement is due to construction error. The area of a landscape strip is measured from interior curb wall to interior curb wall. This portion must equal 1.0m. The applicant has proposed a landscape strip that measures one metre from exterior curb wall to exterior curb wall. Effects of the reduction in the landscape strip are minor in nature and the variance can be supported.

4. 5 Hunt Street should be developed in conjunction with 648 King Street West and

17-21 Dundurn Street North. As a building permit will not be required and in order to ensure that appropriate landscaping and fencing are incorporated onto the site to minimize any potential impacts, a Site Plan Control application should be required. Therefore, the subject lands should be placed in a Holding (H) provision, pursuant to Section 36(1) of the Planning Act, R.S.O., 1990. As such,

Page 14: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) - Page 14 of 14

prior to development of the subject lands, the owner/applicant will be required to satisfy the following condition: i) that Site Plan Control Application DA-02-215 be given final approval,

which will be amended to include the proposed redevelopment of 5 Hunt Street, to the satisfaction of the Director of Development and Real Estate, Planning and Development Department.

5. Hunt Street is designated “Single and Double Residential” in the Strathcona

Neighbourhood Plan. The proposed commercial development does not comply with the existing Neighbourhood Plan designation. Therefore, the lands will require an amendment from “Single and Double Residential” to “Commercial”.

6. The property is subject to Site Plan Control. Accordingly, detailed design

considerations such as landscaping, parking and fencing will be further reviewed at the site plan stage.

7. Site Plan Application DA-02-215 received conditional approval on December 20,

2002 and a condition of approval required that the owner extend the existing concrete median island on Dundurn Street North by approximately 15m and that they be responsible for all costs associated with the reconstruction of the median. To date these works have not been completed. The applicant should be made aware that as part of the Site Plan process securities will be required to ensure that the prescribed works are completed to City Standards.

8. For administrative purposes and to avoid duplication, By-law 02-201 is being

repealed and replaced with a By-law for the entire development inclusive of 5 Hunt Street, 17-21 Dundurn Street North and 648 King Street West.

CONCLUSION: Based on the foregoing, the applications can be supported. :AF Attachs. (4)

User Instructions
Please indicate how your recommendation/report affects or impacts sustainable development in the New city. Ensure that the following categories are addressed: Health Impacts; Social Impacts; Environmental Impacts and Economic Impacts.
Page 15: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “A” to Report PD04066

Page 16: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “B” to Report Pd04066 Appendix “B” to Report Pd04066

Page 17: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “C” to Report PD04066 (Page1 of 5)

Page 18: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “C” to Report PD04066 (Page2 of 5)

Page 19: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “C” to Report PD04066 (Page3 of 5)

Page 20: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “C” to Report PD04066 (Page4 of 5)

Page 21: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “C” to Report PD04066 (Page5 of 5) Appendix “C” to Report PD04066 (Page5 of 5)

Page 22: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “D” to Report PD04066 (Page 1 of 5)

Page 23: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “D” to Report PD04066 (Page 2 of 5)

Page 24: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “D” to Report PD04066 (Page 3 of 5)

Page 25: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “D” to Report PD04066 (Page 4 of 5)

Page 26: CITY OF HAMILTON · By-law for Lands Located at 5 Hunt Street (Hamilton) (PD04066) (Ward 1) RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-25

Appendix “D” to Report PD04066 (Page 5 of 5) Appendix “D” to Report PD04066 (Page 5 of 5)