AFFECTS WARD 7

CITY OF HAMILTON

PLANNING AND DEVELOPMENT DEPARTMENT

Development and Real Estate Division Report to:

Mayor and Members Hearings Sub-Committee

Submitted by:

Lee Ann Coveyduck General Manager

Date: File:

September 26, 2003 ZAC-03-72

Prepared by: Stephen Robichaud 905-540-2424, Ex 5579

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park

Avenue and 10 Summit Avenue (PD03257) (Ward 7) RECOMMENDATION: That approval be given to Zoning Application ZAC-03-72, The Enfield Group, owner, for a modification in zoning to the established “E” (Multiple Dwellings, Lodges, Clubs, etc.) District for lands located north of Mountain Park Avenue and west of Summit Avenue, known municipally as 174-182 Mountain Park Avenue and 10 Summit Avenue, as shown on the attached map marked as Appendix “A” to Report PD03257, on the following basis:

(a) That the “E” (Multiple Dwellings, Lodges, Clubs, etc.) District provisions, as

contained in Section 11 of Zoning By-law No. 6593 (City of Hamilton), applicable to the subject lands, are amended as set out below such that the lands be permitted to develop by way of the option contained in Section (b). The “E” (Multiple Dwellings, Lodges, Clubs, etc.) District provisions will also continue to be applicable to the lands notwithstanding the option contained in Section (b).

(b) Option 1

That the “E” (Multiple Dwellings, Lodges, Clubs, etc.) District provisions, as contained in Section 11 of Zoning By-law No. 6593 (City of Hamilton), applicable to the subject lands, be modified to include the following special requirements: (i) That notwithstanding Subsection 2.(2)J.(xiii) of Zoning By-law No. 6593,

“Lot-Line Front” shall mean the boundary line along Mountain Park Avenue;

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 2 of 13

(ii) That notwithstanding Subsections 11.(1).(i) – 11.(1)(iib) inclusive, and Subsections 11.(1).(iiia) – 11.(1)(xii) inclusive, only a 20 unit multiple dwelling shall be permitted;

(iii) That notwithstanding Subsection 11.(2) of Zoning By-law No. 6593, a

multiple dwelling shall be 12 storeys and not more that 39m in height; (iv) That notwithstanding Subsection 11.(3) of Zoning By-law No. 6593, there

shall be provided and maintained within the district, for every building and structure in an “E” District, the following yards, namely:

(1) a front yard of a depth of at least 5.0m shall be provided and

maintained; and,

(2) a side yard of a width of at least 6.0m shall be provided and maintained;

(v) That notwithstanding Subsection 11.(5) of Zoning By-law No. 6593, a

gross floor area of not more than 4,870 sq.m. shall be permitted; (vi) That in addition to the requirements of Subsection 11 of Zoning By-law

No. 6593, a minimum floor area of 200 square metres (2,150 sq. ft.) for each dwelling unit shall be provided and maintained;

(vii) That notwithstanding Subsection 18A.(1)(a) of Zoning By-law No. 6593, a

minimum of 40 parking spaces shall be provided and maintained; (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-24 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-24 be notated as S – ;

(e) That the proposed modification in zoning is in conformity with the Official Plan for

the Hamilton Planning Area.

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 3 of 13

Lee Ann Coveyduck General Manager Planning and Development Department

EXECUTIVE SUMMARY:

The application is for a modification to the “E” (Multiple Dwellings, Lodges, Clubs, etc.) District zoning regulations for lands located north of Mountain Park Avenue and west of Summit Avenue, known municipally as 174-182 Mountain Park Avenue and 10 Summit Avenue. The application is to allow redevelopment of the subject lands for a 20 unit, 12 storey multiple dwelling. A conceptual site plan has been submitted and is marked as Appendix “B”. The redevelopment for a 20-unit multiple dwelling has merit and can be supported for the following reasons:

• it provides for infill development within the established urban area; • the subject lands have good access to an arterial roadway (i.e. Concession Street

North) and public transit; • the proposal is compatible with the surrounding land use pattern; • the proposed development is consistent with the Provincial Policy Statement, the

Region of Hamilton-Wentworth Official Plan, the City of Hamilton Official Plan and Vision 2020; and,

• the proposal complies with the applicable policies of the Niagara Escarpment

Plan.

The proposed modification in zoning would permit the development of the subject lands in accordance with the “E” District regulations or for a 12-storey, 20 unit multiple dwelling with site-specific zoning regulations with respect to gross floor area and building setbacks.

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 4 of 13

The “E” District is subject to Site Plan Control. Accordingly, detailed design considerations such as grading, landscaping materials and fencing will be further reviewed at the site plan control stage of development.

BACKGROUND:

Proposal The application is for a modification in zoning to permit the redevelopment of the subject lands for a twenty (20) unit condominium apartment building. The apartment building will be 12-storeys in height. A conceptual site plan has been submitted and is marked as Appendix “B”. Application for Demolition Permit Council, at its meeting of August 13, 2003, approved the applications for demolition permits for the 2 existing buildings (i.e. the existing 16-unit multiple dwelling at 174 Mountain Park Avenue and the existing single detached dwelling at 10 Summit Avenue). The applications were approved subject to the following conditions: (a) That the demolition permit not be issued until the owner has obtained all

necessary approvals for the development of the site and construction of a building for the proposed twenty (20) unit multiple dwelling and the necessary building permit has been issued; and,

(b) That a condition be included on the demolition permit, and as part of an

agreement registered on title, specifying that the new building erected on the site be substantially complete within two years from the day demolition of the existing residential buildings has commenced, and that failure to complete the new building within the said two years, the City Clerk shall be entitled to enter on the collector’s roll, to be collected in like manner as municipal taxes, a sum of $20,000 for each dwelling unit demolished as contained in the existing residential buildings, all in accordance with Section 33(7) and 33(8) of The Planning Act.

Location The lands are located north of Mountain Park Avenue and west of Summit Avenue, known municipally as 174-182 Mountain Park Avenue and 10 Summit, as shown on the attached map marked as Appendix “A”, in the Eastmount Neighbourhood.

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 5 of 13

Applicant: The Enfield Group Agent: J. Webb, Green Scheels Pidgeon Planning Consultants LOT SIZE AND AREA: The subject lands are rectangular in shape and have: • frontage of approximately 47m along Mountain Park Avenue; • frontage of approximately 36m along Summit Avenue; and, • a lot area of 1,700m2. LAND USE AND ZONING: Existing Land Use Existing Zoning

Subject Lands Multiple Dwelling and Single Detached Dwelling

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

Surrounding Land Use

To the north Niagara Escarpment “A” (Conservation, Open Space, Park and Recreation) District.

To the south, west and east

Multiple Dwellings

“E” (Multiple Dwellings, Lodges, Clubs, etc.) 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 a Zoning By-law Amendment.

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 6 of 13

POLICIES AFFECTING PROPOSAL: Provincial Policy Statement

The application has been reviewed with respect to the Provincial Policy Statement (PPS) to determine if the application has regard for this statement. The application has shown proper regard towards focusing growth in urban areas (1.1.1(a)).

Region of Hamilton-Wentworth Official Plan

The subject property is designated as Urban Area within the Hamilton-Wentworth Official Plan. Policy 3.1 outlines 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. As well, these areas are intended to accommodate approximately 96% of new residential development in the Region to the year 2020. Therefore, as the nature of the application is for the redevelopment of the subject lands for residential development, in principle, the proposal complies with the policies of the Hamilton-Wentworth Official Plan. City of Hamilton Official Plan

The subject lands are designated “RESIDENTIAL” and is located within “Special Policy Area 1C” in the City of Hamilton Official Plan. The following policies, among others, apply: “A.2.1.1 The primary uses permitted in the areas designated on Schedule "A" as

RESIDENTIAL will be for dwellings. Various types of dwellings are included within this designation, while preference will be given to the locating of similar densities of development together.

A.2.1.8 It is the intent of Council that a variety of housing styles, types and densities

be available in all RESIDENTIAL areas of the City, and further, that proposals for new development or redevelopment will contribute to the desired mix of housing where practicable. In this regard, Council will be guided by the Housing Policies of Subsection C.7 and the Neighbourhood Plan Policies of Subsection D.2.

A.2.1.13 Plans for redevelopment will, to the satisfaction of Council, ensure that the

RESIDENTIAL character of the area will be maintained or enhanced and that the redevelopment will not burden existing facilities and services.

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 7 of 13

A.2.1.14 In evaluating the merits of any proposal for multiple-family RESIDENTIAL development, Council will be satisfied that the following considerations are met:

i) The height, bulk and arrangement of buildings and structures will

achieve harmonious design and integrate with the surrounding areas; and,

ii) Appropriate open space, including landscaping and buffering, will be

provided to maximize the privacy of residents and minimize the impact on adjacent lower-density uses.

A.2.9.1.3. The following policies apply to the areas shown on Schedule "B" - Special

Policy Areas and Schedule "B-3" - Other Special Policy Areas as Special Policy Areas "1a", "1b" and "1c":

iii) Special Policy Area "1c" - Urban Area - is based on minimizing the

impact and further encroachment of urban growth on the Escarpment environment. Accordingly, the following development objectives are paramount:

a) All development will be of an urban design compatible with

the visual and natural environment of the Escarpment. Where appropriate, provision for adequate setbacks and screening should be required to minimize the visual impact of urban development on the Escarpment landscape.

b) New development will not encroach into the Escarpment

Natural or Escarpment Protection Areas.

h) Growth will be compatible with and provide for the protection of unique ecologic areas, wildlife habitats, streams and water supplies and other environmentally significant areas both inside and adjacent to Urban Areas. (O.P.A. No. 123)

2.9.1.4 It is intended that Development within Special Policy Area "1c" - Urban Area -

will be subject to Zoning and Site Plan Control. In the interim, a Development Permit will be required from the Niagara Escarpment Commission, as determined by Ontario Regulation 685/80 as amended, until such time as the City is delegated this responsibility.

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 8 of 13

C.7.1 In the development of new RESIDENTIAL areas and, as far as practicable, in the infilling or redevelopment of established areas, Council may undertake or require the following in order to achieve high standards of RESIDENTIAL amenity:

i) Provision and maintenance of adequate off-street parking;

C.7.2 Varieties of RESIDENTIAL types will not be mixed indiscriminately, but will

be arranged in a gradation so that higher-density developments will complement those of a lower density, with sufficient spacing to maintain privacy, amenity and value.

C.7.3 Council will encourage a RESIDENTIAL ENVIRONMENT of an adequate

physical condition that contains a variety of housing forms that will meet the needs of present and future residents. Accordingly, Council will:

iii) Support RESIDENTIAL development such as infilling, redevelopment

and the conversion of non-residential structures that makes more efficient use of the existing building stock and/or physical infrastructure that recognize and enhance the scale and character of the existing residential area by having regard to natural vegetation, lot frontages and areas, building height, coverage, mass, setbacks, privacy and overview;

v) Encourage new RESIDENTIAL development that provides a range of

dwelling types at densities and scales that recognize and enhance the scale and character of the existing residential area by having regard to natural vegetation, lot frontages and areas, building height, coverage, mass, setbacks, privacy and overview;

ix) Support the concept of a RESIDENTIAL community that provides a

diversity of dwelling forms and housing options accessible to all Hamilton residents;

xii) Encourage development at densities conducive to the efficient

operation of Public Transit and which utilizes designs or construction techniques that are energy efficient; and,

xiii) Support residential and neighbourhood development that respects

safety concerns.”

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 9 of 13

As the proposed development is compatible with and will integrate with the abutting residential uses, provides for appropriate landscaping and buffering to maximize the privacy of residents and minimize the impact on adjacent lower-density uses, the proposed development complies with the intent of the Official Plan. NEIGHBOURHOOD PLAN: The subject lands are located within the Eastmount Neighbourhood. There is no approved neighbourhood plan for the Eastmount Neighbourhood. CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES:

The Traffic Engineering Section, Operations and Maintenance, Public Works Department, has advised that they have no comments with respect to the proposed modification in zoning but matters pertaining to access, on-site circulation, etc. for this redevelopment will be provided at the site plan review stage. The Niagara Escarpment Commission has advised of the following: “This property is designated Urban Area in the Niagara Escarpment Plan, but is not within the Development Control Area. Part 1.7, Development Objectives, requires all development to be of an urban design compatible with the visual and natural environment of the Escarpment, and shall provide for measures to minimize the visual impact on the Escarpment landscape. This proposal will result in a building of greater mass than otherwise permitted by the By-law. The visual impact of this building versus the potential impact of a building permitted by the by-law on this and adjacent lots where the “E” District also applies will be minimal. The proposal, therefore, meets the N.E.P. Urban Area Policies.” PUBLIC CONSULTATION:

Notice of the application for a modification in zoning has been circulated to all property owners and the applicant has scheduled an Open House for October 9, 2003. The applicant has mailed notice of the Open House which was sent to all property owners and last known tenants on September 23, 2003 The applicant has advised that at the Open House, plans illustrating the proposal will be presented and in accordance with the City of Hamilton Public Participation procedures, a sign-in sheet and comment cards

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 10 of 13

will be available for all attendees and a copy of the meeting record will be provided to the City of Hamilton immediately following the meeting. CITY STRATEGIC COMMITMENT:

The purpose and effect of the application for changes in zoning is to permit the redevelopment of the subject lands for residential uses in accordance with municipal planning and engineering requirements. There are no staffing or legal implications with the proposed development.

COMMENTS: 1. The proposal has merit and can be supported for the following reasons:

(i) it provides for infill development within the established urban area; (ii) the subject lands have good access to an arterial roadway (i.e. Concession

Street) and public transit; (iii) the proposal is compatible with the surrounding land use pattern; (iv) the proposed development is consistent with the Provincial Policy

Statement, the Region of Hamilton-Wentworth Official Plan, the City of Hamilton Official Plan and Vision 2020; and,

(v) the proposal complies with the Niagara Escarpment Plan.

2. The subject lands are zoned “E” District, and a 12 storey multiple dwelling is

permitted within the “E” District. However, the proposed development does not comply with the maximum permitted floor area ratio and minimum yard requirements contained in the “E” District. An analysis of the variances to the zoning by-law regulations is presented below:

Floor Area Ratio: The “E” District permits a maximum floor area ratio of 1.7 (i.e. the gross floor area of a building cannot exceed 1.7-times the lot area). The subject lands have a total lot area of 1,700m2. Therefore, a maximum gross floor area of 2,890.8m2 is permitted. The applicant is proposing a total gross floor area of 4,870m2 which equates to a floor area ratio of 2.9. Although the proposed floor area ratio is greater than that permitted in the “E” District, the proposed building will have 20 units which is

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 11 of 13

significantly lower than other buildings with a similar gross floor area (either permitted as of right on the subject lands or proposed gross floor area). An analysis of other apartment buildings that are zoned “E” District is presented below.

Gross Floor Area Average Number of Units 2,785m2 – 3,250m2 (30,000 sq. ft. – 35,000 sq. ft.)

46 units

4,645m2 – 5,100m2 (50,000 sq. ft. – 55,000 sq. ft.)

62 units

The proposal is for a 20 unit building with a floor area ratio of 2.9. The increase in the maximum permitted gross floor area can be supported, in that the proposal is for 20 units within a 12 storey apartment building, the minimum required landscaping and parking is being provided and each of the proposed apartment units will be a minimum of 210m2 (approximately 2,250 sq. ft.) in size. In addition, the overall site density will be 118.5 units per hectare (48 units per acre), which is consistent with the medium density apartment designations in the City of Hamilton neighbourhood plans. In comparison, if the site were to be developed for 46 apartment units (the average number for a building permitted as-of-right under the existing “E” District regulations), then the overall site density would be 272 units per hectare (110 units per acre), which is consistent with the high density apartment designation. On the basis of the foregoing, the increase in permitted gross floor area can be supported. Required Yards: The subject lands abut two streets (Mountain Park Avenue and Summit Avenue) and is, therefore, a corner lot. For the purposes of the Zoning By-law review, Mountain Park Avenue has been considered the front lot line. A synopsis of the required and proposed building setbacks is presented below:

Yard Required Proposed Front

7.50m 6.15m (as submitted) 5.00m (as recommended by staff)

Rear

13.50m 12.20m (as submitted) 13.50m (as recommended by staff)

Westerly Side 8.45m 6.20m Easterly Side 10.83m 6.05m

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 12 of 13

The proposed apartment building does not comply with the minimum required front, side and rear yards. Front Yard - the subject lands abut Mountain Park Avenue and the Niagara Escarpment is located north of Mountain Park Avenue. It is noted that the conceptual site plan shows a 6.15m front yard setback and a 12.2m rear yard setback. However, in order to provide the required 1.5m landscaped planting strip adjacent to the southerly lot line, the rear yard setback must be increased to 13.5m to provide the required depth for a manoeuvring aisle (6.0m), parking space (6.0m) and landscaped planting strip (1.5m). It is, therefore, necessary to shift the building forward by approximately 1.3m to provide a building setback of 13.5m from the rear lot line. As such, the proposed reduction in the required front yard from 7.5m to 5.00m will not have any adverse effect on the abutting lands to the north and is in keeping with the good urban design principles to locate buildings closer to the street to create a more attractive streetscape. As such, the proposed reduction in the required front yard can be supported. Rear Yard – the application, as submitted, was to permit a minimum rear yard of 12.2m is proposed whereas the provisions of the “E” District require a minimum rear yard of 13.5m. As noted above, to accommodate the required manoeuvring, parking and landscaped areas, it is necessary to increase the rear yard setback to 13.5m, as required by the “E” District, and as such a variance to the rear yard is not required. Easterly Side Yard - the subject lands abut Summit Avenue along the easterly lot line. The applicant has requested a reduction in the required side yard from 10.83m to 6.05m. The existing building is located approximately 6.0m from the easterly lot line. The conceptual site plan provides for a 5.8m wide landscaped planting strip along the easterly lot line adjacent to the building. The reduction in the required easterly side yard will allow for the provision of appropriate open space, including landscaping and buffering along the easterly limits of the subject lands, and the reduction in the required yard will maintain the privacy of the tenants and will not have any adverse effect on the existing multiple dwellings to the east of the subject lands. As such, the proposed reduction in the required easterly side yard can be supported. Westerly Side Yard – the applicant has requested a reduction to the required westerly side yard (8.45m required, 6.2m proposed). The minimum required side yard in the “E” District is derived based on the height and width of the building. It is noted that the 11th and 12th storeys of the proposed building contain 1 dwelling unit per floor and the dwelling unit is offset to the westerly portion of the building. This reduces the visual impact of the building on the abutting multiples dwellings

SUBJECT: Application for a Modification in Zoning for 174-182 Mountain Park Avenue and 10 Summit Avenue (PD03257) (Ward 7) - Page 13 of 13

to the west and south of the subject lands. In addition, because there are only 10 units along the westerly portion of the proposed building, issues of loss of privacy and overview as it relates to the abutting lands are minimized. The conceptual site plan identifies a landscaped planting area adjacent to the westerly lot line. Therefore, based on the number of dwelling units, the configuration of the 11th and 12th storeys and the provision of a landscaped planting area adjacent to the westerly lot line, the reduction in the required westerly side yard will not adversely affect the privacy of the tenants nor will it have any adverse effect on the existing multiple dwelling to the west of the subject lands. As such, the proposed reduction in the required westerly side rear yard can be supported.

3. The applicant is proposing to redevelop the subject lands for a 20 unit, 12 storey condominium apartment building. Each of the proposed apartment units will be a minimum of 200m2 (approximately 2,150 sq. ft.) in size with 2 apartment units per floor located on the 2nd – 10th storeys, and 1 apartment unit on each of the 11th and 12th storeys. The variances to the “E” District have been evaluated based on this development concept. In this regard, the implementing Zoning By-law should be specific, in that the increase in gross floor area and the reduction in the required front, side and rear yards are specific to the proposed 20-unit building. However, the implementing Zoning By-law should provide for 2 development scenarios. The scenarios would be for the development of the subject lands in accordance with the “E” District regulations or for a 12-storey, 20 unit multiple dwelling with site specific zoning regulations with respect to gross floor area, minimum unit size and building setbacks. This would avoid the requirement for a subsequent rezoning, should the applicant not proceed with the 20 unit development concept.

4. The “E” District is subject to Site Plan Control. Accordingly, detailed design

considerations such as grading, landscaping materials, fencing and building mass will be further reviewed at the site plan control stage of development.

CONCLUSION: On the basis of the foregoing, the application for a modification in zoning can be supported. :SR Attachs. (2)

Appendix “A” to Report PD03257 Appendix “A” to Report PD03257

Appendix “B” to Report PD03257 Appendix “B” to Report PD03257