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AFFECTSWARD 8

CITY OF HAMILTONPLANNING AND DEVELOPMENT DEPARTMENT

Development Division

Report to: Mayor and MembersHearings Sub-Committee

Submitted by: Lee Ann CoveyduckGeneral Manager

Date:File:

August 30, 2002ZAC-02-50

Prepared by: Anita Fabac(905) 546-4445

SUBJECT: Application for a Change in Zoning for Lands Located East of WestFifth Street and South of Limeridge Road West, Known Municipally as77 Limeridge Road West (Hamilton) (PD02165) (Ward 8)

RECOMMENDATION:

That approval be given to Zoning Application ZAC-02-50, Pasquale Consoli, SantinoCarbone, Nancy Papiez and Joanne Gera, owners, for a change in zoning from “AA”(Agricultural) District to “C”-‘H’ (Urban Protected Residential, etc. - Holding) District, forthe rear portion of the lands located at 77 Limeridge Road West (Hamilton), as shownon the attached map marked as Appendix “A” to report PD02165, on the following basis:

(a) That the subject lands be rezoned from “AA” (Agricultural) District to “C”-‘H’(Urban Protected Residential, etc. - Holding) District;

(b) That the General Manager, Planning and Development Department beauthorized and directed to prepare a By-law, in a form satisfactory to CorporateCounsel, to amend Zoning By-law No. 6593 and Zoning District Map W-9a forpresentation to Council; and,

(c) That the amending By-law apply the holding provisions of Section 36 (1) of thePlanning Act, R.S.O., 1990, to the subject lands by introducing the Holdingsymbol ‘H’ as a suffix to the proposed Zoning District. The Holding provision willprohibit the development of the subject lands, until such time that a plan ofsubdivision has been submitted and draft plan approved to the satisfaction of theDirector of Development, Planning and Development Department. City Councilmay remove the ‘H’ symbol and, thereby, give effect to the “C” District provisions,by enactment of an amending By-law once the condition is fulfilled.

(d) That the proposed change in zoning is in conformity with the Hamilton WentworthOfficial Plan and the City of Hamilton Official Plan for the Hamilton PlanningArea.

SUBJECT: Application for a Change in Zoning for Lands Located East of WestFifth Street and South of Limeridge Road West, Known Municipally as77 Limeridge Road West (Hamilton) (PD02165) (Ward 8) of 6

(e) That upon satisfying the conditions of the ‘H’ symbol and submitting the requiredfee, the Director of Development, Planning and Development Department, beauthorized and directed to give the prescribed notice in accordance with theprovisions of the Planning Act and to prepare a By-law, in a form satisfactory tothe Corporate Counsel, to remove the ‘H’ symbol for presentation to City Council.

Lee Ann CoveyduckGeneral ManagerPlanning and Development Department

EXECUTIVE SUMMARY:

The purpose of the application is for a change in zoning from “AA” (Agricultural) Districtto “C”-‘H’ (Urban Protected Residential, etc. - Holding) District, for the rear portion of thelands located at 77 Limeridge Road West. No new residential development is proposedat this point in time. In addition, the proposed By-law establishes the Holding provisionsof Section 36(1) of the Planning Act on the subject lands by introducing the Holdingsymbol ‘H’ as a suffix to the proposed “C” District zoning. The Holding provision willprohibit development of the subject lands until such time as the applicant has applied forand received draft plan approval of a plan of subdivision. Once the condition has beenfulfilled, City Council may remove the ‘H’ symbol and, thereby, give effect to the “C”District provisions, by enactment of an amending By-law.

The proposal has merit and can be supported in view of the fact it implements the intentof the Hamilton Wentworth Official Plan, the City of Hamilton’s Official Plan and theintent of the Yeoville Neighbourhood Plan. The proposed change in zoning would becompatible with the existing zoning to the north and west and the change in zoning willconsolidate the zoning of the subject lands.

BACKGROUND:

Location:

The lands are located east of West Fifth Street and south of Limeridge Road West, inthe Yeoville Neighbourhood.

Applicant

Pasquale Consoli, Santino Carbone, Nancy Papiez and Joanne Gera, owners

LOT SIZE AND AREA:

The subject lands are L-shaped and have:


• A lot width along Limeridge Road West of approximately 12.12m;

• A lot depth of approximately 92.049m; and,

• A lot area of approximately 3,254 m2.

EXISTING LAND USE AND ZONING:

Existing Land Use Existing Zoning

Subject Lands Single FamilyResidential

“C” (Urban Protected Residential,etc.) District and “AA” (Agriculture)District

Surrounding Land Uses

North Single FamilyResidential

“C” (Urban Protected Residential,etc.) District

South Lincoln AlexanderMountain Freeway

“AA” (Agriculture) District

East Single FamilyResidential

“C” (Urban Protected Residential,etc.) District and “AA” (Agriculture)District

West Single FamilyResidential

“C” (Urban Protected Residential,etc.) District

FINANCIAL/STAFFING/LEGAL IMPLICATIONS:

As required by the Planning Act, Council shall hold at least one (1) Public Meeting toconsider an application for a Zoning by-law amendment. There are no financial orstaffing implications related to the proposed change in zoning.

POLICIES AFFECTING PROPOSAL:

Provincial Policy Statement

The proposal has sufficient regard to the Provincial Policy Statement (PPS).


Official Plan

The subject property is designated “Urban” in the Region of Hamilton-Wentworth OfficialPlan and “Residential” in the City of Hamilton Official Plan. The following policies,among others, are applicable to the proposed development:

“A.2.1.1 The primary uses permitted in the areas designated on Schedule “A” asRESIDENTIAL will be for dwellings. Various types of dwellings areincluded in this designation, while preference will be given to the locatingof similar densities of development together.

A.2.1.8 It is the intent of Council that a variety of housing styles, types anddensities be available in all RESIDENTIAL areas of the City, and further,that proposals for new development of redevelopment will contribute to thedesired mix of housing where practicable. In this regard, Council will beguided by the Housing Policies of Subsection C.7 and the NeighbourhoodPlan Policies of Subsection D.2.

A.2.1.13 Plans for redevelopment will, to the satisfaction of Council, ensure that theRESIDENTIAL character of the area will be maintained or enhanced andthat the redevelopment will not burden existing facilities and services.

C.7.2 Varieties of RESIDENTIAL types will not be mixed indiscriminately, but willbe arranged in a gradation so that higher-density developments willcomplement those of a lower density, with sufficient spacing to maintainprivacy, amenity and value.

C.9.7 Council will require developers of proposed residential developmentsadjacent to the Redhill Creek Expressway to provide evidence that noiselevels in outdoor recreation spaces meet the objective of 55 dBA.Residential and institutional development will only be permitted whereattenuated noise levels in outdoor recreational space do not exceed 60dBA. Council will not require the incorporation of noise mitigationmeasures where noise levels are predicted to be, at or below 55 dBA.

C.9.10 Where noise levels of the Redhill Creek Expressway, rail lines and inter-regional highways are expected to exceed 55 dBA in outdoor recreationalspaces after the implementation of sound attenuation measures, Councilwill require, as a condition of approval of proposed residentialdevelopment, that future tenants, purchasers are advised that, despite theinclusion of noise control measures, noise levels may become of concern,occasionally interfering with some activities of the occupants. Such awarning provision will be required to be included as a clause in a lease orrental agreement; agreement of purchase and sale; developmentagreement; and subdivision agreement.


C.9.11 Where noise attenuation measures are required, these measures, for bothoutdoor and indoor space, may include, but not be limited to, the following:

(i) Sound-proofing measures and construction techniques,general layout and design of the structure or outdoorrecreational space with respect to noise sources;

(ii) Spatial separation from the source, including the insertion ofpermitted sound-insensitive uses between source andreceivers;

(iii) Building setbacks;(iv) Acoustical barriers such as berms, wall, favourable

topographic features or other intervening structures; and(v) The use of suitably designed higher density Residential

structures.”

As the purpose of the application is to consolidate the zoning of the subject lands andthat no new residential development is proposed, the proposal complies with theRegional Official Plan and the Local Official Plan.

Neighbourhood Plan

The subject lands are designated “Single and Double Residential” in the approvedYeoville Neighbourhood Plan. The proposal complies with the Yeoville NeighbourhoodPlan designation.

CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES:

The Planning and Development Department (Building and Licensing Division), hasadvised of the following:

“The location of the existing dwelling conforms to the “C” District regulations.”

The Development Engineering Section, Planning and Development Department, hasadvised that:

“There are public watermains and separate storm and sanitary sewers available toservice the subject land.

The existing road allowance width in this section of Limeridge Road West is 26.21m.There are no road allowance widenings required at this time.”

The Traffic Engineering and Operations, Transportation, Operations & EnvironmentDepartment, has advised of the following:

“We have reviewed the submitted rezoning application and have no comments.”


CITY STRATEGIC COMMITMENT:

The proposed change in zoning maintains the goals of Vision 2020 in that it promotesresidential development of the existing urban area on full municipal services inaccordance with the City of Hamilton planning and engineering requirements.

COMMENTS:

1. The proposal implements the intent of the Official Plan and the “Single andDouble Residential” designation in the approved Yeoville Neighbourhood Plan.

2. The proposal has merit and can be supported for the following reasons:

(i) The proposed change in zoning for the subject lands maintains the intentof the City of Hamilton Official Plan and the Hamilton-Wentworth OfficialPlan.

(ii) The proposal will allow for the subject parcel to be under one uniformzoning designation.

3. The development of the subject lands is premature until a plan of subdivision hasbeen submitted to the satisfaction of the Director of Development, Planning andDevelopment Department. As part of the subdivision process, the applicant willbe required to ensure that any proposed development complies with a noiseassessment and any other applicable studies in accordance with therequirements of the Official Plan. Therefore, it is the City’s practice to place thesubject lands in a Holding (H) provision, pursuant to Section 36(1) of thePlanning Act, R.S.O., 1990.

4. No new development is proposed at this time. However, in accordance withSection 6(19)(a) of Zoning By-law 6593 the applicant should be advised that “noresidential structure shall be located closer than 22.86m from the MountainFreeway right-of-way proper (excluding access ramps)”.

5. The Yeoville Neighbourhood Plan envisions the rear lands along Limeridge RoadWest, between West Fifth Street and Upper James Street, to be developed into acul-de-sac, running parallel to the Mountain Freeway (marked as Appendix “B”).Due to the subject property’s close proximity to the Mountain Freeway, theapplicant should be made aware that future development proposals to subdividethe subject lands may require a noise assessment and other applicable studiesin accordance with the requirements of the Official Plan.

CONCLUSION:

Based on the foregoing, the application can be supported.

:AFAttachs. (2)

CITY OF HAMILTONPLANNING AND DEVELOPMENT DEPARTMENT

YEOVILLE NEIGHBOURHOOD PLAN

File NumberZAC-02-50

DateAugust 12, 2002

Map Not to Scale

Appendix “B”

SubjectProperty

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