AFFECTS WARD 6

CITY OF HAMILTON

PLANNING AND DEVELOPMENT DEPARTMENT

Development Division Report to:

Mayor and Members Hearings Sub-Committee

Submitted by:

Lee Ann Coveyduck General Manager

Date: File:

July 18, 2003 OPA-03-14, ZAC-03-43,

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 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6)

RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-14

Ros-Bay Development Inc. (c/o David Wallace and Rami Goldman), applicant, 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” to permit a drug store that functions as a neighbourhood shopping centre, and to identify the lands as a special policy area to ensure that restaurants not be permitted on the site, for lands located at 902 Mohawk Road East (Hamilton), as shown on Appendix “A” to Report PD03179;

(b) That approval be given to Zoning Application ZAC-03-43, Ros-Bay

Development Inc. (c/o David Wallace and Rami Goldman), applicant, for a change in zoning from “C” (Urban Protected Residential, etc.) District to “G-4” (Designed Neighbourhood Shopping Area) District, Modified, to permit a commercial drug store, for lands located at 902 Mohawk Road East, as shown on Appendix “A” to Report PD03179, on the following basis:

(i) That the subject lands be rezoned from “C” (Urban Protected Residential,

etc.) District to “G-4” (Designed Neighbourhood Shopping Area) District; (ii) That the “G-4” (Designed Neighbourhood Shopping Area) District

provisions, as contained in Section 13D of Zoning By-law No. 6593, be modified to include the following special requirements:

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 2 of 15

(1) That Section 13D (1) (B) (iv) and 13D (1) (B) (iva) of Zoning By-law No. 6593 shall not apply;

(2) That notwithstanding Section 13D (5) of Zoning By-law No. 6593, a

maximum lot area of 5,650m2 and a maximum lot depth of 74m shall be permitted;

(3) That notwithstanding Section 13D (7) (i), Section 18A (11) and

Section 18A (12) of Zoning By-law No. 6593, a planting strip of 1.5m shall not be required adjacent to a public walkway;

(4) That notwithstanding Section 18A (12) (c) of Zoning By-law No.

6593, a visual barrier shall not be required adjacent to a public walkway;

(5) That notwithstanding Section 13D (3) of Zoning By-law No. 6593, a

building height of a maximum of 9.3m shall be permitted; (6) That notwithstanding Section 13D (B) (xvii) of Zoning By-law No.

6593, a maximum total sign area of 120m2 for the Mohawk Road East elevation and a maximum total sign area of 85m2 for the Upper Ottawa Street elevation shall be permitted;

(7) That notwithstanding Section 13D (B) (xvii) of Zoning By-law No.

6593, a maximum of two (2) roof signs shall be permitted and the roof signs shall be a maximum of 2.74m above the top of the first storey; and,

(8) That notwithstanding Section 13D (B) (xvii) of Zoning By-law No.

6593, a maximum of two (2) wall signs on the front façade of the building (Mohawk Road East) shall be permitted.

(c) 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 E-59, for presentation to City Council;

(d) 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 E-59 be notated as S - ;

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 3 of 15

(e) 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.___; and,

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

Neighbourhood Plan be amended to redesignate the subject lands from “Low Density Apartments” to “Commercial”.

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 902 Mohawk Road East, shown on the attached map marked as Appendix “A”, from “Residential” to “Commercial”. The purpose of the proposed Official Plan Amendment is to permit the development of a commercial drug store (Shoppers Drug Mart), as shown on the conceptual site plan marked as Appendix “B”. Application for a Change in Zoning An application has been submitted for a change in zoning from “C” (Urban Protected Residential, etc.) District to “G-4” (Designed Neighbourhood Shopping Area) District, Modified, for the property known municipally as 902 Mohawk Road East, as shown on the attached map marked as Appendix “A”. The effect of the By-law is to permit the development of a commercial drug store (Shoppers Drug Mart), as shown on the conceptual plan marked as Appendix “B”. 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, and complementary to, the surrounding commercial and residential land uses, and it is an appropriate infill development for the

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 4 of 15

subject property. Due the concerns raised at a neighbourhood information meeting held by the proponent, restaurant uses will not be permitted on the subject lands. BACKGROUND:

Proposal The owner has submitted an application for an Official Plan and Zoning By-law Amendment to permit the development of a commercial drug store (Shoppers Drug Mart) on lands located at 902 Mohawk Road East, as shown in Appendix “A”. The purpose of the Official Plan Amendment is to change the designation from “Residential” to “Commercial”. The purpose of the Zoning By-law Amendment is for a change in zoning from “C” (Urban Protected Residential, etc.) District to “G-4” (Designed Neighbourhood Shopping Centre) District, Modified. The applicant has submitted a conceptual plan for the development of the site (see Appendix “B”). The conceptual plan shows a one storey, 15,874ft2 (1,474.7m2) drug store, with sixty-seven (67) parking spaces, one (1) loading space and landscaping totalling 14.5%. The applicant has advised that the proposed drug store is comparable in function to a neighbourhood shopping centre in that it provides a wide range of services including prescriptions/medication, cosmetics, photo shop, newsstand, postal outlet, groceries and frozen foods. In addition, the applicant has requested a change to the Lisgar Neighbourhood Plan to redesignate the subject lands from “Low Density Apartments” to “Commercial”. Mohawk Manors An application for a draft plan of subdivision was submitted for the creation of eighteen (18) lots for single family detached residential dwellings, to establish a pedestrian walkway connecting Upper Ottawa Street and Rideau Crescent and to complete Rideau Crescent. The application was approved by the Hearings Sub-Committee on July 2, 2002, and approved by Council on July 9, 2003. Details of Submitted Application Applicant: Ros-Bay Development Inc. (c/o David Wallace and Rami Goldman) Agent: A. J. Clarke and Associates Ltd. (c/o Stephen Fraser)

Location: 902 Mohawk Road East (See Appendix “A”)

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 5 of 15

Description: Frontage: Approximately 69.0 metres (Mohawk Road East) Depth: Approximately 74.0 metres Area: Approximately 0.57ha Existing Land Use and Zoning:

Existing Land Use Existing Zoning Subject Lands: Vacant “C” (Urban Protected

Residential, etc.) District Surrounding Lands: North Commercial and Residential “H” (Community Shopping and

Commercial, etc.) District, Modified, and “E” (Multiple Dwellings, Lodges, Clubs, etc.) District

East Residential “DE-3” (Multiple Dwellings) District, Modified, and “C” (Urban Protected Residential, etc.) District

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

West Commercial and Residential “H” (Community Shopping and Commercial, etc.) District and “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 to consider an application for an Official Plan and Zoning By-law Amendment. There are no financial or staffing implications related to this proposal. POLICIES AFFECTING PROPOSAL: Provincial Policy Statement The proposal falls within the parameters and has sufficient regard for the Provincial Policy Statement (PPS).

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 6 of 15

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. Furthermore, the Plan establishes a land use strategy for the Urban Area that consists of a compact urban form including mixed use areas. Therefore, as the nature of the application is for the construction of a commercial drug store on full municipal services, 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.2.2.3 Further, it is intended that the policies for the various categories in the

COMMERCIAL hierarchy will provide guidance to Council when considering amendments to this Plan or to the Zoning By-law.

A.2.2.6 The SHOPPING CENTRES category applies to groups of Commercial

establishments planned and developed as a unit, and having no less than 1,400 square metres of gross floor area.

A.2.2.8 Council recognizes SHOPPING CENTRES as appropriate forms of

Commercial development necessary to the economic health of the City and the Region. In this regard, Council will utilize the following classifications of SHOPPING CENTRES, where applicable, in the preparation of Neighbourhood Plans:

v) A Convenience SHOPPING CENTRE will have a maximum

gross floor area of 2,000 square metres.

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 7 of 15

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) facility, but will not be of a height sufficient to create a nuisance to

adjacent land uses. A.2.2.37 In addition to the provisions of Subsection B.3.3 of this Plan, adequate

parking and loading space will be required in clearly defined areas for all development and redevelopment within the COMMERCIAL designation and will include adequate space for owners, employees, customers and delivery vehicles. Council will require that, in all normal circumstances, a high standard of parking and loading facilities will be maintained in accordance with current practices.

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 required landscape strip separating the subject lands from the draft approved plan of subdivision to the south (Mohawk Manors) is proposed to be included as part of the public walkway identified in the draft approved subdivision. Based on the conceptual plan submitted by the applicant (see Appendix “B”), it appears that the access drive, parking and service areas will be adjacent to the walkway. Although it is proposed that the applicant will not be required to provide the 1.5m landscape strip at the site plan stage, they may be required to participate towards enhanced landscaping in the public walkway. The proposal complies with the general intent of the Official Plan and the proposed Official Plan Amendment will allow for the development of the subject lands for a commercial drug store.

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 8 of 15

Neighbourhood Plan The subject lands are designated as “Low Density Apartments” in the approved Lisgar Neighbourhood Plan. The proposal for a commercial drug store does not meet the general intent of the Lisgar Neighbourhood Plan, therefore, an amendment is required to redesignate the lands from “Low Density Apartments” to “Commercial”. CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES: Agencies/Departments Having No Comment or Objections • Public Works Department – Operations and Maintenance Division • Corporate Services • The Hamilton-Wentworth District School Board • Hamilton Police Services 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. The proposal meets the goals of Vision 2020 in that the subject property promotes the local economy. COMMENTS: 1. Although the Planning and Development Department has not generally

supported applications to permit non-apartment development on designated apartment sites on the Hamilton Mountain, the proposal has merit and can be supported for the following reasons:

(i) the proposed use is compatible and complementary with the other

commercial uses currently existing at the intersection of Mohawk Road East and Upper Ottawa Street and the surrounding existing residential area;

(ii) it is an appropriate infill development for the subject lands; (iii) The Lisgar Neighbourhood currently has a variety of housing styles, types

and densities comprised of 62% single family dwellings, 19% semi-

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 9 of 15

detached, row houses and duplexes, and 18% apartments, based on 2001 census data; and,

(iv) The proposal is suitably located on the periphery of the neighbourhood, at

the intersection of two major arterial roads with access to public transit. 2. The subject land is currently designated “Residential” in the City of Hamilton

Official Plan and the applicant has requested a change in designation from “Residential” to “Commercial” to permit the development of a commercial drug store (Shoppers Drug Mart). The Official Plan Amendment can be supported for the following reasons:

(i) The Official Plan seeks to maintain a desirable diversity of land uses and

to channel growth into groupings of complementary land uses to utilize conditions most suited to the requirements of each group. The location for the proposed commercial drug store is the southeast corner of the intersection of Upper Ottawa Street and Mohawk Road East. The remaining three corners are designated “Commercial” in the Official Plan. Located on the northeast corner is a gas station, the southwest corner contains a commercial plaza and the northwest corner is currently vacant. The proposal for a redesignation of the southeast corner is consistent and compatible with the current Official Plan designation and land uses of the remaining three corners.

(ii) The intent of the Official Plan is for commercial development to occur in

response to the needs of the community. The Plan promotes commercial developments of variable sizes, ranging from Sub-Regional Shopping Centres (minimum 37,000m2 of gross floor area) to Convenience Shopping Centres (maximum gross floor area of 2,000m2). The proposed Shoppers Drug Mart is comparable in function and size with a Convenience Shopping Centre. Information supplied by the applicant indicates that the new format Shoppers Drug Mart provides a diverse group of service functions including prescriptions, cosmetics, photo shop, newsstand, postal outlet, groceries and frozen meals. Currently the Lisgar Neighbourhood Plan designates two (2) properties for commercial development: one is located on the east side of Upper Ottawa Street (969 Upper Ottawa Street – Fortino’s Plaza) and the second property is 1221 Limeridge Road East (which has been changed to a Community Care Access Centre with residential care and a limited commercial component) (see Appendix “C”). In addition, there are three

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 10 of 15

(3) commercial developments in the vicinity of the subject lands. As previously indicated, these are located directly north (Petro Canada Gas Station) and west (commercial plaza) of the subject lands, while the third is located further west, at the southeast corner of the intersection of Upper Gage Avenue and Mohawk Road East. The Planning and Market Study, prepared by Joseph Urban Consultants and submitted by the applicant, indicates that the drug store potential (dollars to be spent by trade area residents in all types of Drugstore facilities) is expected to increase from $8.24 million in 2004 to $9.20 million in 2011.

Based on the Planning and Market Review, an additional commercial drug store in the Lisgar Neighbourhood can be sustained and the impacts on the existing commercial in the area will be minimal. In addition the proposal will positively serve the needs of the community.

(iii) Currently, the subject lands are zoned for single family dwellings (“C”

District), while the Lisgar Neighbourhood Plan identifies the lands for development as “Low Density Apartments”. The following table outlines the residential units per gross acre based on the existing zoning and Neighbourhood Plan designation for the subject lands.

Approximate Area (to the centreline

of the road)

Units per Gross Acre – Existing “C”

District Zoning

Units per Gross Acre – Existing

Neighbourhood Plan Designation – Low

Density Apartments 1.82 acres 13 units 43 units

Under the existing “C” District zoning designation, and based on an average unit per gross acre of 7.25 units, there exists the possibility of thirteen (13) single family units per gross acre. Under the existing Neighbourhood Plan designation of “Low Density Apartments”, there exists the potential for 43 units per gross acre.

The applicant has submitted a Zoning By-law Amendment application for the lands directly to the east of the subject property. The applicant is proposing a change in zoning from “C” (Urban Protected Residential, etc.) District to “DE” (Low Density Multiple Dwellings) District, Modified, to permit the development of a four storey condominium apartment building containing a maximum of thirty-six (36) units. This application is presently under review.

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 11 of 15

The following table outlines the residential units per gross acre for the adjacent lands based on the existing zoning and Neighbourhood Plan designation for the subject lands.

Approximate Area (to the

centreline of the road)

Units per Gross Acre – Existing “C”

District Zoning

Units per Gross Acre – Existing

Neighbourhood Plan Designation – Low

Density Apartments 1.18 acres 8 units 28 units

Under the existing “C” District zoning designation, and based on an average unit per gross acre of 7.25 units, there exists the possibility of eight (8) single family units per gross acre on the adjacent lands. Under the existing Neighbourhood Plan designation of “Low Density Apartments”, there exists the potential for twenty-eight (28) units per gross acre. When combined, the two properties provide for a possible twenty-one (21) single family units per gross acre under the existing “C” District zoning, or a possible seventy-one (71) units per gross acre for apartments under the existing Neighbourhood Plan designation.

An original proposal considered by the vendor was for two separate residential buildings, a building on the subject lands with forty-four (44) units and the proposed building with thirty-six (36) units, for a total of eighty (80) residential units. The proposal for the subject lands was amended by the commercial proposal. The removal of the proposed residential development on the subject lands results in a loss of forty-four (44) units. According to the Planning and Market Review, the 2001 census indicated that there were two hundred and fifty-five (255) apartment units within the Lisgar Neighbourhood. The proposal for the commercial and abutting residential development will increase the apartment supply by thirty-six (36) units or fourteen percent (14%) in the Lisgar Neighbourhood. The impacts of the loss of the potential forty-four (44) units on the subject lands will not have any adverse impact on the supply of housing in the Lisgar Neighbourhood.

Based on all the foregoing points, the change in designation from “Residential” to “Commercial” can be supported.

(iv) The subject lands have been included as a Special Policy Area. The

purpose of the SPA will be to prohibit use of the subject lands for a

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 12 of 15

restaurant. This is in response to concerns raised by the residents at a neighbourhood information meeting held by the proponent. The applicant is aware of this SPA and has no concerns.

3. The applicant has submitted a conceptual plan with the application (see

Appendix “B”) and variances to the Zoning By-law requirements have been identified for the proposed commercial drugstore. The variances relate to lot area, lot depth, landscaping, visual barrier, building height and signage.

Maximum Lot Area and Lot Depth The applicant is proposing a maximum lot area of 5,650m2 and a maximum lot depth of 74m, whereas the “G-4” District provisions allows for a maximum lot area of 4,000m2 and a maximum lot depth of 45m. The intent of the maximum lot area and lot depth for the “G-4” District is to restrict the size of the commercial component and the types of uses to a neighbourhood scale. The “G-4” District requires a front yard of 6.0m, a side yard of 6.0m and a rear yard of 7.5m. The conceptual plan indicates the proposed development to have a front yard of 20.5m (Mohawk Road East), side yards of 10.4m and 25.4m and a rear yard of 15.07m. In addition, a larger lot is required in order to provide the total number of parking spaces required by the drug store. The dimensions of the lot are an existing situation and the variance for an increase in the maximum lot area and lot depth can be supported. Landscape Strip and Visual Barrier Variances have been included to eliminate the requirement for the applicant to provide a 1.5m landscape strip and visual barrier along the southerly property line between the subject lands and the draft approved plan of subdivision (Mohawk Manors) for the abutting lands. The draft plan of subdivision was approved by the Hearings Sub-Committee on July 2, 2003, and included a 3.0m public walkway on the south side of the proposed subdivision (see Appendix “D”). On July 4, 2003, a meeting was held with the proponent, the Ward Councillor, Planning and Development staff and area residents regarding the location and size of the public walkway. The area residents indicated that they would prefer to have the public walkway moved to the north, between the proposed subdivision and the proposed Shoppers Drug Mart and widened from the proposed 3.0m. A compromise was reached between the proponent and area residents to relocate the public walkway to the north and

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 13 of 15

widen it from 3.0m to 4.5m, utilizing 1.5m of land from the proposed Shoppers Drug Mart property (see Appendix “B”). This 1.5m of land is actually the required 1.5m landscaped strip. Although technically a 1.5m landscaped strip will not be provided, in actuality the strip will be provided, however, it will be incorporated into the public walkway. Because the 1.5m landscape strip will be incorporated into the walkway, the requirement for a visual barrier, as defined by Zoning By-law No. 6593, is not necessary, however, at the site plan stage there may be the opportunity to incorporate other types of barriers to increase the level of safety for users of the walkway, and the applicant will be required to provide landscaping within the public walkway. Based on the foregoing, the variances are considered to be minor in nature and desirable for the appropriate development of both the draft approved plan of subdivision and the proposed commercial development, and both variances can be supported.

Height The applicant is proposing a maximum height of 9.3m for the proposed Shoppers

Drug Mart building, whereas the Zoning By-law allows for a maximum height of 9.0m. The excess of height is due to store design, specifically the roof signs proposed. As the increase in height shall only be for two portions of the building, and not the entire building itself, the variance is minor in nature and can be supported.

Sign Variances Elevation drawings provided by the applicant indicates that two (2) wall signs and

one (1) roof sign is proposed for the Mohawk Road East elevation (store front), while one (1) roof sign is proposed for the Upper Ottawa Street elevation. The “G-4” District requirements, with respect to roof and wall signs, is highly restrictive in that roof signs are not permitted and only one (1) sign is permitted for each building face. As well, signs may be a maximum of 1.0m above the top of the first storey and the sign area is restricted to only 2.5m2 per building face.

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 14 of 15

The applicant has proposed the following sign areas:

Sign Type Location Area (ft2) Area (m2) Wall Sign Mohawk Road East 238.2 22.1 Roof Sign Mohawk Road East 1,030.12 95.7 Wall Sign Mohawk Road East 13.3 1.2 Roof Sign Upper Ottawa Street 909.02 84.5

The applicant is seeking relief to permit:

(i) a maximum total sign area of 120m2 for the Mohawk Road East elevation and a maximum total sign area of 85m2 for the Upper Ottawa Street elevation, whereas the maximum sign area for each elevation is 2.5m2;

(ii) a maximum of two (2) roof signs and for the roof signs to be a maximum

of 2.74m above the top of the first storey; and,

(iii) a maximum of two (2) wall signs on the Mohawk Road East elevation.

As indicated, the “G-4” District is restrictive with respect to sign area, roof signs and number of signs, while other commercial districts are more permissive. For example, the “H” (Community Shopping and Commercial, etc.) District permits roof signs, and in addition the number of wall signs is not restricted. It is noted that the lands to the north and west are zoned “H” (Community Shopping and Commercial, etc.) District. The applicant has proposed a rezoning to the “G-4” District because it is more restrictive in terms of permitted uses in response to concerns raised at the neighbourhood information meeting. The new store design for Shoppers Drug Mart incorporates roof signs for business identification, and other wall signs for advertisement. The applicant has proposed three (3) signs for the Mohawk Road East building face, as it is the proposed main entrance to the store. The effect of the increase in sign area, the use of roof signs and the total number of signs along Mohawk Road East will be minimal, and the variances requested are minor in nature.

4. The subject lands are designated “Low Density Apartments” in the Lisgar

Neighbourhood Plan. The proposed commercial drug store development does not comply with the existing Neighbourhood Plan designation. Therefore, the lands will require an amendment from “Low Density Apartments” to “Commercial”.

SUBJECT: Applications to Amend the City of Hamilton Official Plan and Zoning By-law for Lands Located at 902 Mohawk Road East (Hamilton) (PD03179) (Ward 6) - Page 15 of 15

5. The property is subject to site plan control. Issues such as landscaping, grading, access and on-site circulation will be dealt with at the site plan stage.

6. There is a public watermain and separate storm and sanitary sewers available on

Upper Ottawa Street to service the development. A public watermain and combined sewer is also available on Mohawk Road East. Sanitary drains and water services for the property can be taken off either Upper Ottawa Street or Mohawk Road East. Storm drains, however, should be connected to the dedicated storm sewer on Upper Ottawa Street and quality control should be included within the design.

The designated and existing road allowance width of Upper Ottawa Street is

30.48m, therefore, no additional road widenings. The owner should be advised that a 12m x 12m daylight triangle at the intersection of Mohawk Road East and Upper Ottawa Street must be dedicated to the City of Hamilton. In addition a total offset widening of 1.06m is necessary from the south side of Mohawk Road East. A portion of this widening was previously expropriated from the owner, however, approximately 4.257m must still be dedicated to the City in order to achieve the required road width. These can be obtained at the site plan approval stage of development.

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

Appendix “A” to Report PD03179 Appendix “A” to Report PD03179

Appendix “B” to Report PD03179

Appendix “C” to Report PD03179

Appendix “D” to Report PD03179