AFFECTS WARD 7

CITY OF HAMILTON

PLANNING AND DEVELOPMENT DEPARTMENT

Development and Real Estate Division Report to:

Chairman and Members Planning and Economic Development Committee

Submitted by:

Lee Ann Coveyduck General Manager

Date: File:

February 13, 2004 ZAC-03-85/25T200318

Prepared by: Heather Boles (905) 546-2424, Ext. 4168

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor

Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7)

RECOMMENDATION: (a) That approval be given to Subdivision Application 25T200318, Casablanca

Properties Inc., applicant, to establish a draft plan of subdivision, “Eleanor Meadows”, as redline revised, on lands located on the north side of Bolzano Drive (1468 Upper Gage Avenue) in the Eleanor Neighbourhood (Hamilton) for a maximum of 56 lots for single detached dwellings, 1 block for a public walkway, and a new street, as shown on Appendix “A” to Report PD04061, subject to the execution of a City Standard form Subdivision Agreement, including the conditions contained in Appendix “C” to Report PD04061, and the following:

(i) Acknowledgement that there will be no City share for any municipal works

related to this development except for one-half the cost of a 1.5m high chain link fence along the property line of the lots abutting the City parkland; and,

(ii) That payment of Cash-in-Lieu of parkland will be required pursuant to

Section 42 of the Planning Act, prior to the issuance of the building permit for the lots within the plan. The payment will be based on the value of the lands on the day prior to the day of the issuance of the building permit.

all in accordance with the financial policies for development and the City’s Parkland Dedication By-law, as approved by Council.

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 2 of 12

(b) That approval be given to Zoning Application ZAC-03-85, Casablanca

Properties Inc., applicant, for a change in zoning from “AA” (Agricultural) District, to “C” (Urban Protected Residential, Etc.) District for lands located on the north side of Bolzano Drive (1468 Upper Gage Avenue) in the Eleanor Neighbourhood (Hamilton), as shown on Appendix "A" to Report PD04061, on the following basis:

(i) That the subject lands be rezoned from “AA” (Agricultural) District, to “C”

(Urban Protected Residential, Etc.) District; (ii) That the Draft By-law, attached as Appendix “D” to Report PD04061,

which has been prepared in a form satisfactory to Corporate Counsel, be enacted by City Council; and,

(iii) That the proposed change in zoning is in conformity with the Official Plan

for the Hamilton Planning Area. (c) That upon finalization of the implementing By-law, the Eleanor Neighbourhood

Plan be amended to reflect the change in designation from “Civic and Institutional” to “Single and Double” Residential, and to revise the road network to add a new road shown as Erika Crescent on Appendix “B” to Report PD04061.

Lee Ann Coveyduck General Manager Planning and Development Department EXECUTIVE SUMMARY: The purpose of the applications is for a Draft Plan of Subdivision and changes in zoning to permit the development of lands located on the north side of Bolzano Drive (1468 Upper Gage Avenue), adjacent to Eleanor Park, for: • 56 lots for single detached dwellings; • 1 block for a public walkway; and; • 1 new street, shown on Appendix “B” as Erika Crescent.

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 3 of 12

The proposed change in zoning is to develop the lands in accordance with the plan of subdivision “Eleanor Meadows”. The lands were formerly owned by the Hamilton-Wentworth District School Board, and are currently vacant. The proposal has merit and can be supported because it complies with the City of Hamilton Official Plan and the Hamilton-Wentworth Official Plan. The proposed residential lots conform to the “C” (Urban Protected Residential, etc) District of the City of Hamilton Zoning By-law. The proposal is consistent and compatible with surrounding residential uses, and is an appropriate infill development that will make efficient use of existing services. BACKGROUND: Proposal The purpose of the application is for a change in zoning to permit the development of lands located on the north side of Bolzano Drive (1468 Upper Gage Avenue), in accordance with the proposed plan of subdivision “Eleanor Meadows” (see Appendix “A” and “B”) for: • 56 lots for single detached dwellings; • 1 block for a public walkway; and, • 1 new street, shown on Appendix “B” as Erika Crescent. The subject lands are adjacent to Eleanor Park. The block proposed for a public walkway will extend an existing pedestrian walkway from Bolzano Court into Eleanor Park. Location:

The lands are located north of Bolzano Drive, between Upper Gage Avenue and Upper Sherman Avenue, in the Eleanor Neighbourhood. Applicant Casablanca Properties Inc. Agent Urbex Engineering Limited

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 4 of 12

LOT SIZE AND AREA: The lands subject to the change in zoning and subdivision are rectangular in shape and have: • An approximate width of 201.36m; • An approximate depth of 180.68m; and, • A lot area of approximately 3.542ha. EXISTING LAND USE AND ZONING:

Existing Land Use Existing Zoning

Subject Lands

vacant land “AA” (Agricultural) District

North Eleanor Park

“AA” (Agricultural) District

South Single detached dwellings

“C” (Urban Protected Residential, Etc.) District and “R-4” (Small Lot Single Family Dwelling) District

East Single detached dwellings

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

West Single detached dwellings

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

FINANCIAL/STAFFING/LEGAL IMPLICATIONS:

Financial: One-half the cost of a 1.5m high chain link fence along the rear of Lots 11

to 22 inclusive, abutting the City parkland. 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 Change and Draft Plan of Subdivision.

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 5 of 12

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 the statement. Policy 2.5.2 outlines that development and site alteration may be permitted on lands containing archaeological resources or areas of archaeological potential if significant archaeological resources have been conserved by removal and documentation, or preservation on site. Where significant archaeological resources must be preserved on site, only development and site alteration which maintain the heritage integrity of the site will be permitted. Therefore, draft plan approval is subject to the following condition: “That the owner/applicant shall conduct an archaeological assessment of the entire development property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resources found. No demolition, grading or soil disturbances shall take place on the subject property prior to the approval of the Director of Development and Real Estate and the Ministry of Culture confirming that all archaeological resource concerns have met licensing and resource conservation requirements.” (Development Planning Standard Condition No. 10). Hamilton-Wentworth Official Plan The subject property is designated “Urban Area” in 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, the Urban Areas are intended to accommodate approximately 96% of new residential housing units in the Region to the year 2020. Therefore, as the nature of the application is for the development of a residential plan of subdivision and related facilities on full municipal services, the proposal conforms with the policies of the Hamilton-Wentworth Official Plan. City of Hamilton Official Plan The subject property is designated “Major Institutional” in the City of Hamilton Official Plan. The following policies of the City of Hamilton Official Plan, among others, are applicable to the proposed development: “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

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 6 of 12

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.

A.2.6.5 Notwithstanding the policies set out above, in areas designated MAJOR

INSTITUTIONAL, Residential uses may be permitted provided they are compatible with the surrounding area and are in keeping with the Residential policies set out in Subsections A.2.1 and C.7 of this Plan.

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.”

The proposal complies with the City of Hamilton Official Plan, in that it will increase the supply of housing in the neighbourhood in a manner that is compatible with existing surrounding residential uses. The proposal represents an appropriate example of infill development that will make efficient use of existing services, while ensuring that the existing character of the neighbourhood will be maintained. Neighbourhood Plan The subject lands are designated “Civic and Institutional” in the approved Eleanor Neighbourhood Plan. In addition, the neighbourhood plan identifies a Public Walkway linking the subject lands with Bolzano Court to the west. If approved, the proposed change in zoning from “AA” (Agricultural) District to “C” (Urban Protected Residential, Etc.) District would require an amendment to the Neighbourhood Plan to re-designate the lands as “Single and Double Residential”. The submitted Draft Plan of Subdivision does recognize the public walkway shown on the approved Neighbourhood Plan. A 3 metre block has been dedicated at the northern edge of the subject lands, adjacent to Eleanor Park. This dedication will permit the extension of the walkway into the park. The approved Eleanor Neighbourhood Plan will also need to be amended to reflect the revised road pattern.

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 7 of 12

The proposed amendments to the approved Eleanor Neighbourhood Plan can be supported as the proposed single family residential lots are compatible with the existing surrounding residential uses, and the proposal represents a suitable infill development that will make efficient use of existing services.

CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES: Public Works Department (Traffic Engineering & Operations Section) has advised that Erika Crescent and Cellini Avenue should align centreline to centreline for optimum intersection manoeuvring (Traffic Engineering & Operations Condition No. 12). In addition, minimum 3 metre by 3 metre visibility triangles are required between the access limits and the ultimate road allowance limits of Erika Crescent (east and west) in which the maximum height of any objects or mature vegetation cannot exceed a height of 0.80 metres above the corresponding perpendicular elevation of the adjacent streets (Traffic Engineering & Operations Condition No. 13). Public Works Department (Open Space Development and Park Planning) Has commented on matters relating to parkland dedication, a public walkway, fencing, landscaping and a Streetscape Plan, all of which will be expanded upon in the Comments section below. Hamilton Street Railway “1. HSR currently operates the Routes #23 Upper Gage and #24 Upper Sherman

along Rymal Road with no planned changes in service. 2. HSR supports the inclusion of high quality pedestrian amenities at this

development, such as a sidewalk and lighting.” Hamilton Conservation Authority The Hamilton Conservation Authority has advised that the draft plan approval is subject to the following conditions: • preparation and implementation of an erosion and sediment control plan (HCA

Standard Condition No. 1). • preparation and implementation of a stormwater management plan (HCA Standard

Condition No. 2).

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 8 of 12

• acknowledgement that the subdivision shall not proceed to completion until

stormwater management to service the site has been substantially completed (HCA Condition No. 14).

• preparation and implementation of a lot grading plan (HCA Condition No. 15). Bell Canada “1. That the Owner shall be requested to enter into an agreement (Letter of

Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality, and if no such conditions are imposed, the owner shall advise the municipality of the arrangement made for such servicing (Bell Canada Standard Condition No. 1).”

PUBLIC CONSULTATION: In accordance with the new Public Participation Policy that was approved by Council on May 29, 2003, this application was circulated to all property owners within 120 metres of the subject lands. Six written responses to the circulation were received, including one response from the Eleanor Community Council. Several concerns were raised in the letters, including the following: traffic and construction issues; inclusion of a public walkway; sidewalks; and the need for increased parkland in the neighbourhood. A copy of this correspondence is attached as Appendix “E”. These issues will be addressed in the comments section below. CITY STRATEGIC COMMITMENT: The application for approval of a draft plan of subdivision will help foster an increase in the housing supply, which will contribute to the expansion of the municipal tax base and the economic development of the City of Hamilton. The proposal would not have negative environmental, social, or economic impacts, meeting the Strategic Goals of the City of Hamilton and the objectives of VISION 2020. COMMENTS: 1. The proposal has merit and can be supported for the following reasons:

(i) The proposed change in zoning from “AA” (Agricultural) District to “C” (Urban Protected Residential, Etc.) District, in accordance with the proposed plan of subdivision “Eleanor Meadows”, complies with the City of Hamilton Official Plan;

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 9 of 12

(ii) The proposed residential lots conform to the “C” (Urban Protected

Residential, Etc.) District zoning provisions in the City of Hamilton Zoning By-law;

(iii) The proposal is consistent and compatible with surrounding residential

uses; (iv) The proposal is an appropriate infill development that will make use of an

already serviced site. 2. The subject lands were reviewed by City staff in June 2002, to determine if the

City was interested in acquiring the property. Based on an internal circulation, it was determined that the lands were not required for parkland in the Eleanor Neighbourhood, and thus, the City was not interested in acquiring the site. However, two issues were raised as a result of the circulation. First, the approved Eleanor Neighbourhood Plan indicates a walkway from Bolzano Court to Eleanor Park. Any development proposal for the subject lands must accommodate the extension of this walkway. Second, the street south of the subject lands, Bolzano Drive, must be widened to its designated road allowance of 20 metres. This dedication must be included in any proposals for the subject property. The submitted draft plan of subdivision “Eleanor Meadows” has addressed both of these issues by including a block for an extension to the public walkway as indicated on the Neighbourhood Plan, and a 10 metre road widening for Bolzano Drive (Development Planning Condition No. 11 and Development Engineering Condition No. 3).

3. In accordance the City of Hamilton’s Parkland Dedication and Cash-in-Lieu of

Parkland By-law, the application is subject to a parkland dedication, or a Cash-in-Lieu of parkland dedication payment. The application would be subject to a dedication of 5% of the total land area of the subject property. Given the proximity of the subject lands to Eleanor Park and the small amount of land that would be added to the park as a result of the dedication, the City does not require the inclusion of a parkland dedication into the draft plan of subdivision.

Therefore, in accordance with City By-laws, a cash payment to the City of Hamilton in lieu of conveyance of the land will be required prior to the issuance of a building permit for the lots within the plan. The City’s parkland dedication policies include a phase-in provision for Cash-in-Lieu of parkland requirements for residential plans of subdivision. A 3% parkland dedication payment applies until December 31, 2005. From January 1, 2006 to December 31, 2006, a Cash-in-Lieu payment of 4% of the land value is required, and from January 1, 2007 and onward, a payment of 5% of the land value is required. Therefore, if all building permits have not been issued prior to December 31, 2005, the Cash-in-Lieu of parkland dedication payment will increase. The payment will be based on

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 10 of 12

the value of the lands on the day prior to the day of the issuance of a building permit.

4. The application was circulated to all property owners within 120 metres of the

subject lands in accordance with the new Public Participation policy that was approved by Council on May 29, 2003. Six written responses to the circulation were received. Several concerns were raised in the letters, including the following: traffic and safety concerns, construction issues; inclusion of a public walkway; and the need for parkland in the neighbourhood. These issues will be addressed below:

Inclusion of a Walkway

Several residents commented on the need for a public walkway from the

proposed Erika Crescent into Eleanor Park. Planning staff have considered the issue of whether or not to include such a walkway. The issue comes down to the benefit that a walkway would provide to the neighbourhood, and whether or not the walkway would significantly shorten the journey to the park for the surrounding residents. In this case, the inclusion of a walkway in the vicinity of Lots 12 to 21 would not significantly shorten the path to the park for the existing residents in the neighbourhood. If a walkway is not included in the proposed development, residents to the south of the subject lands could access the park on the west side from the existing walkway on Bolzano Court, or from the north side where the park opens onto Presidio Drive. The inclusion of a walkway from Erika Crescent into the park would not provide a significantly shorter route for existing residents than either of these two existing options. Further, the opening of a walkway raises other concerns such as safety, vandalism and maintenance issues associated with walkways. Therefore, based on the above, staff is not requesting a walkway from the proposed development into Eleanor Park.

Traffic and Construction Issues

Several residents raised concerns over the increased traffic that the proposed subdivision will generate. Traffic Engineering and Operations Section have no objection to the draft plan of subdivision and rezoning, with the modification that Erika Crescent is aligned with Cellini Avenue. This will increase safety and optimize manoeuvring at the intersection (Traffic Engineering & Operations Condition No. 12). In addition, visibility triangles of 3 metres by 3 metres will be required at the road allowance limits of Erika Crescent (Traffic Engineering & Operations Condition No. 13). Concern was also raised over truck traffic resulting from construction. While inconveniences, noise, and impact on the neighbourhood will likely occur, it is only temporary until construction is complete.

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 11 of 12

Parkland The letters expressed a desire to see the subject lands used for parkland, rather

than developed for single family homes. The City of Hamilton reviewed the subject lands in 2002 when the lands were deemed surplus by the Hamilton Wentworth District School Board, and deemed that the subject lands were not required for parkland purposes. (The City noted at the time that, upon receipt of a development application for the subject lands, sufficient land should be deeded to the City to provide the required Bolzano Drive road widening and a block for public walkway access. The proposed draft plan meets both of these conditions (Development Planning Condition No. 11 and Development Engineering Condition No. 3)). Further, the subject lands have not been designated for parkland on either the City of Hamilton Official Plan or the Eleanor Neighbourhood Plan. Rather, the site was designated Civic and Institutional, as the Hamilton Wentworth District School Board had previously owned the property. The School Board deemed the land surplus to their needs in 2002, at which time the site was sold to private interests.

As per the Planning Act, the City has the option of taking a percentage of the lot area of the subject lands for parkland, or to take a cash-in-lieu of parkland dedication payment. As the amount of land that would be added to the park as a result of a parkland dedication would be very small, the City will instead take a cash-in-lieu of parkland dedication payment which will be added to a fund for future parkland acquisition within the City.

5. The Traffic Engineering and Operations Section has commented that the

proposed Erika Crescent and Cellini Avenue should align centreline to centreline for optimum intersection manoeuvring. The draft plan indicates that the centreline of Erika Crescent is 2 metres east of the centreline of Cellini Avenue. Erika Crescent should be shifted to accommodate the alignment of the two roads (Traffic Engineering & Operations Condition No. 12).

6. The Open Space Development and Park Planning Section requires that a

Streetscape Plan be prepared for Erika Crescent. (Development Planning Standard Condition No. 16) The applicant will also be required to install a 1.5 metre high black chain link fence along the rear of Lots 11 through 22 where they abut the parkland (Development Engineering Condition No. 4).

7. The Hamilton Conservation Authority has concerns over water quality and

quantity control for the subject lands. In the long term, water quality control for the subject lands is intended to be provided by facilities at the Mount Albion Conservation Area. A stormwater management report is required to demonstrate how quality and quantity control will be provided until the new facilities are in place. The Conservation Authority recommends that development not proceed

SUBJECT: Application for Approval of a Draft Plan of Subdivision, “Eleanor Meadows”, and Change in Zoning for Lands on the North Side of Bolzano Drive (Known Municipally as 1468 Upper Gage Avenue) (Hamilton) (PD04061) (Ward 7) - Page 12 of 12

until stormwater management to service the site has been substantially completed, and they will not clear conditions until they are satisfied that quality control is being provided (Hamilton Conservation Authority Condition 14).

8. In accordance with Council policy, the applicant shall construct Erika Crescent

with no sidewalk and provide a sidewalk on Bolzano Drive adjacent to Lot 32 and Lots 53 to 56 inclusive. The driveways for Lots 10 to 12 inclusive and 21 to 23 inclusive must be to the satisfaction of the Manager of Development Engineering, while the driveways for Lots 1, 32, 33 and 53 shall be located on Erika Crescent outside of the required 3 metre by 3 metre daylight triangles (Development Engineering Condition Nos. 6, 7, and 8).

9. Approval of this Draft Plan of Subdivision will be subject to the conditions

included in Appendix “B”, including several of the City’s standard conditions of approval. Several special conditions will also apply, many of which have already been referenced in the report. In addition, conditions regarding securities and servicing costs have also been added (Development Engineering Condition No. 9 and 10).

10. The applicant should be advised of the following:

• There are separate storm and sanitary sewers and a water main available on Bolzano Drive to service the subject lands;

• There will be no City share for municipal works within or adjacent to this

proposed development, with the exception of one-half the cost of a 1.5m high chain link fence along the property line of the lots abutting Eleanor Park.

CONCLUSION: Based on the foregoing, the applications can be supported. :HB Attachs. (5)

Appendix “A” to Report PD04061

Appendix “B” to Report PD04061

Appendix “C” to Report PD04061 (Page 1 of 2)

Appendix “C” to Report PD04061

“Eleanor Meadows” – Conditions of Draft Approval

1. That this approval apply to the plan, as revised in red, prepared by Urbex Engineering and certified by S. D. McLaren, O.L.S., dated February 3, 2003, showing a maximum of fifty-six lots for single detached dwellings, 1 block for a public walkway, and one new road, attached as Appendix “B” to Report PD04061.

2. That the following standard conditions of draft plan approval from

Appendix “A” of Report PD01184 (Streamlining and Harmonization of Subdivision, Condominium and Part Lot Control Approvals and Administration Processes) shall apply;

(1) Development Engineering Conditions Nos. 1, 2, 4, 7, 15, 17,

29, 31; (2) Development Planning Conditions Nos. 1, 2, 3, 4, 5, 10, 16,

17, 20, 21; (3) Bell Canada Conditions Nos. 1;

(4) Hamilton Conservation Authority Conditions Nos. 1 and 2;

Development Engineering

3. That the northerly 10.006 metres of the Bolzano Drive road allowance be dedicated to the City of Hamilton by Certificate on the Final Plan;

4. That the Owner agrees in writing to install a 1.5 metre high chain link

fence at the rear property line of Lots 11 to 22 inclusive, abutting the City parkland;

5. That the Grading Plan be to the satisfaction of the Manager of

Development Engineering and the Manager of Open Space Development;

6. That the Owner agree in writing to construct Erika Crescent with no sidewalk and construct a sidewalk on Bolzano Drive adjacent to Lot 32 and Lots 53 to 56 inclusive;

7. That the location of the driveways for Lots 10 to 12 inclusive, and 21 to 23

inclusive, be to the satisfaction of the Manager of Development Engineering;

1

2

Appendix “C” to Report PD04061 (Page 2 of 2)

8. That the driveways for Lots 1, 32, 33 and 53 be located on Erika Crescent outside of the daylight triangle;

9. That the Owner provide sufficient securities to the City of Hamilton to

ensure that any existing municipal works on Bolzano Drive (i.e. sidewalks, road, etc.) will be repaired at the Owner’s sole expense to the satisfaction of the Manager of Development Engineering;

10. That the Owner pay all outstanding servicing costs on the existing portion

of Bolzano Drive adjacent to the proposed development; Development Planning 11. That Block 57 be deeded to the City for the purpose of extending the

public walkway into Eleanor Park; Traffic Engineering & Operations

12. That Erika Crescent be shifted to align centreline to centreline with Cellini Avenue;

13. That the Owner agrees to provide minimum 3 metre by 3 metre visibility

triangles between the access limits and the ultimate road allowance limits of Erika Crescent (east and west) in which the maximum height of any objects of mature vegetation cannot exceed a height of 0.80 metres above the corresponding perpendicular centreline elevation of the adjacent streets.

Hamilton Conservation Authority

14. That the subdivision not proceed to construction until stormwater management to service the site has been substantially completed;

15. That the applicant prepare and implement a lot grading plan to the

satisfaction of the Hamilton Conservation Authority.

Appendix “D” to Report PD04061 (Page 1 of 3)

Authority:

Item _, Planning and Economic Development Committee Report 04-___ (PD04061) CM: March 10, 2004

Bill No.

CITY OF HAMILTON

BY-LAW NO. __________

To Amend Zoning By-law No. 6593 Respecting Lands Located on the North Side of Bolzano Drive (Known

Municipally as 1468 Upper Gage Avenue)

WHEREAS the City of Hamilton Act, 1999, Statutes of Ontario, 1999 Chap. 14, Sch. C. did incorporate, as of January 1, 2001, the municipality “City of Hamilton”;

AND WHEREAS the City of Hamilton is the successor to certain area municipalities, including the former municipality known as the “The Corporation of the City of Hamilton” and is the successor to the former regional municipality, namely, “The Regional Municipality of Hamilton-Wentworth”;

AND WHEREAS the City of Hamilton Act, 1999, provides that the Zoning By-laws and Official Plans of the former area municipalities and the Official Plan of the former regional municipality continue in force in the City of Hamilton until subsequently amended or repealed by the Council of the City of Hamilton;

AND WHEREAS the Council of The Corporation of the City of Hamilton passed Zoning By-law No. 6593 (Hamilton) on the 25th day of July 1950, which by-law was approved by the Ontario Municipal Board by Order dated the 7th day of December 1951, (File No. P.F.C. 3821);

AND WHEREAS the Council of the City of Hamilton, in adopting Section __ of Report 04-___ of the Planning and Economic Development Committee at its meeting held on the 10th day of March, 2004, recommended that Zoning By-law No. 6593 (Hamilton), be amended as hereinafter provided;

AND WHEREAS this by-law is in conformity with the Official Plan of the Hamilton Planning Area, approved by the Minister under the Planning Act on June 1, 1982.

Appendix “D” to Report PD04061 (Page 2 of 3)

NOW THEREFORE the Council of the City of Hamilton enacts as follows:

1. Sheet No. E-38d of the District maps, appended to and forming part of By-law No. 6593 (Hamilton), is amended,

(a) by changing from “AA” (Agricultural) District to “C” (Urban Protected

Residential) District; the extent and boundaries of which are shown on a plan hereto annexed as Schedule “A”.

2. No building or structure shall be erected, altered, extended or enlarged, nor shall

any building or structure or part thereof be used, nor shall any land be used, except in accordance with the "C" District provisions.

3. The City Clerk is hereby authorized and directed to proceed with the giving of notice of the passing of this by-law, in accordance with the Planning Act.

PASSED and ENACTED this day of , 2004.

MAYOR CLERK ZAC-03-85 / 25T200318

Appendix “D” to Report PD04061 (Page 3 of 3) Appendix “D” to Report PD04061 (Page 3 of 3)

Appendix “E” to Report PD04061 (Page 1 of 10)

Appendix “E” to Report PD04061 (Page 2 of 10)

Appendix “E” to Report PD04061 (Page 3 of 10)

Appendix “E” to Report PD04061 (Page 4 of 10)

Appendix “E” to Report PD04061 (Page 5 of 10)

Appendix “E” to Report PD04061 (Page 6 of 10)

Appendix “E” to Report PD04061 (Page 7 of 10)

Appendix “E” to Report PD04061 (Page 8 of 10)

Appendix “E” to Report PD04061 (Page 9 of 10)

Appendix “E” to Report PD04061 (Page 10 of 10)