AFFECTS WARD 12

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 OPA-03-18 & ZAC-03-61,

Prepared by: Jason Thompson (905) 546-2424, Ext. 3933

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No.

87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12)

RECOMMENDATION: (a) That approval be given to Official Plan Amendment Application OPA-03-18 Mr.

Robert J. Wilkins, Mr. William J. Walker and Ancaster Carriage Works Ltd., owners, for a change in designation on Schedule “B” – Land Use – Urban Area Plan of the Ancaster Official Plan, by re-designating the subject lands from “Residential” to “Commercial“ to permit the development of commercial land uses in conjunction with adjacent properties to the east located at 231 Wilson Street East (former Town of Ancaster), as shown in Appendix “A” to Report PD03244;

(b) That approval be given to Zoning Application ZAC-03-61, Mr. Robert J. Wilkins,

Mr. William J. Walker and Ancaster Carriage Works Ltd., owners, for a change to Zoning By-law No. 87-57 from the Existing Residential “ER” Zone (Block 1) and General Commercial “C3-231” Exception Zone (Block 2) to a Site-Specific Village Area “VA-503” Zone to permit a mix of commercial uses together with business and professional offices and residential apartments for the lands located at 231 Wilson Street East and 241 to 245 Wilson Street East, (former Town of Ancaster), as shown on Appendix “A” to Report PD03244, subject to the provisions contained in the Draft By-law attached as Appendix “B” to Report PD03244;

(c) That the General Manager, Planning and Development Department, be authorized

and directed to prepare requisite By-laws to amend the Official Plan and Zoning By-law, in a form satisfactory to Corporate Counsel, to amend the Ancaster Official Plan and Zoning By-law No. 87-57, for presentation to Council;

(d) That the amending By-law be added to Schedule “B”, Maps 1 and 2, of Zoning By-

law No. 87-57 (Ancaster); and,

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 2 of 10

(e) That the proposed changes in zoning are in conformity with the Hamilton-Wentworth Official Plan and will be in conformity with the Ancaster Official Plan, upon the approval of the requisite Official Plan Amendment.

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

The applicant has submitted an application for an Official Plan Amendment on lands located at 231 Wilson Street East and a Zoning By-law Amendment to permit a mix of commercial uses together with business and professional offices and residential apartments on lands located at 231 and 241 to 245 Wilson Street East. A conceptual site plan has been submitted and is attached as Appendix “C”. The applications, as submitted, can be supported on the basis that the proposal conforms with the policies of the Provincial Policy Statement, the Hamilton-Wentworth Official Plan and it satisfies the general intent of the Ancaster Official Plan. Additionally, the amendments will permit uses which are compatible with the surrounding properties, are an appropriate and desirable use of the subject properties, and represent a positive commercial/residential infill project within the Ancaster Village Core Area. The proposed development 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 stage of development. BACKGROUND:

Proposal The owners have submitted an application for an Official Plan Amendment to re-designate 231 Wilson Street East from “Residential” to “Commercial”, and a Zoning By-law Amendment to rezone 231 Wilson Street East from an “Existing Residential” Zone to a Site-Specific Village Area “VA-503“ Zone. The Zoning By-law Amendment also requests a change in zoning for 241 to 245 Wilson Street East from the Site-Specific General Commercial “C3-231” Zone to a Site-Specific Village Area “VA-503“ Zone. The intent of the Official Plan and Zoning By-law Amendments is to consolidate 231 Wilson

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 3 of 10

Street East with 241 to 245 Wilson Street East for one comprehensive commercial/residential development. The development project is to consist of two (2) new commercial buildings and one (1) new building with ground floor commercial and five (5) apartments on the second floor while retaining the existing historical building, as shown in Appendix “C”. The Site-Specific Village Area “VA-503“ Zone would limit the development to a mix of commercial uses together with business and professional offices and residential apartments. The zoning is consistent with the uses permitted on the surrounding commercial properties to the south and east. Details of Submitted Application Owners: Robert J. Wilkins and William J. Walker – 231 Wilson St. E. Ancaster Carriage Works Limited – 241 to 245 Wilson St. E. Agent: Ed Fothergill, Fothergill Planning and Development Inc.

Location: 231 Wilson Street East and 241 to 245 Wilson Street East, Ancaster (See Appendix “A”)

Description: 231 Wilson Street East

Frontage: 25.15 metres (82.5 feet) Depth: 68.28 metres (224.0 feet) Area: 0.17 hectares (0.42 acres) 241 to 245 Wilson Street East Frontage: 88.99 metres (291.95 feet) Depth: 67.81 metres (222.47 feet) Area: 0.38 hectares (0.94 acres)

Existing Land Use and Zoning: Existing Land Use Existing Zoning Subject Lands: Residential (231 Wilson Street

East) and Commercial (241 to 245 Wilson Street East)

Existing Residential “ER” Zone and General Commercial “C3-231” Zone

Surrounding Lands: North Property of Fieldcote Museum

and Parking Lot of Ryerson United Church

Public “P” Zone and Institutional “I” Zone

East One-Storey Office Building and Ryerson United Church

Village Area “VA” Zone and Institutional “I” Zone

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 4 of 10

South Commercial Plaza consisting of a Tim Horton’s, M & M Meat Store, Hair Salon, etc. and Church

General Commercial “C3” Zone and Institutional “I” Zone

West Single Detached Dwelling Existing Residential “ER-285” Zone

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 application has been reviewed with respect to conformity with the Provincial Policy Statement (PPS) to determine if the application has regard for this statement. The existing office building at 241 to 245 Wilson Street East is designated as a historical building under the Ontario Heritage Act. Policy 2.5.1 of the PPS outlines that significant built heritage resources and cultural heritage landscapes shall be conserved. In addition, the PPS encourages opportunities for redevelopment, intensification and revitalization in areas that have sufficient infrastructure. The Policy also promotes cost-effective development patterns, providing that the proposed development does not cause environmental or public health concerns. The proposal is an infill project in an area that has full municipal services. Based on the foregoing, the subject application conforms with the principles and policies of the PPS. Hamilton-Wentworth Official Plan The subject lands are 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 amendments will allow for the development of mixed use commercial/residential buildings on full municipal services, the proposal conforms with the policies of the Hamilton-Wentworth Official Plan.

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 5 of 10

Ancaster Official Plan The subject application comprises two (2) parcels of land that are adjacent to each other within the Ancaster Urban Area. The most westerly lands, known municipally as 231 Wilson Street East, are designated as Residential on Schedule “B” – Land Use – Urban Area. The easterly lands, known municipally as 241 to 245 Wilson Street East, are designated as Commercial on Schedule “B” – Land Use – Urban Area. Both parcels of land are also designated as Special Policy Area 1 on Schedule “F” – Special Policy Areas to the Official Plan. Special Policy Area 1 is identified as “Heritage – Village Core”. The Heritage – Village Core designation promotes the revitalization of the Village Core area by encouraging the location of commercial uses of a ‘downtown’ nature, residential uses, institutional uses and recreational facilities. Any revitalization within the Village Core shall be in accordance with the policies of Subsection 4.5 (Commercial Designation) of the Official Plan. Only the lands known municipally as 231 Wilson Street East require an amendment to the Official Plan. Under Subsection 4.5, the policies encourage the designation of commercial lands within the Village Core area as defined on Schedule “F”. More specifically, Subsection 4.5.4 of the Official Plan states: “4.5.4 The Village Core area shall be one of the focal points for Commercial

development and activity. In comparison to other areas designated Commercial by this Plan, it will also constitute the main pedestrian-oriented retail shopping area in Town. Policies specific to the Village Core area are dealt with in the Subsection 5.4 (Heritage – Village Core Designation) of this Plan. In this regard, the Village Core area shall function as the primary centre of business, offices, services, civic and community activities within the Town and shall have regard for the following:

(i) Automobile access, flows and parking, public transit, accessibility and

pedestrian flow; (ii) Residential accommodation; (iii) Retail and office floor space; and, (iv) Urban design consideration.”

In review of the Official Plan Amendment, the proposal is compatible with the existing land uses in the area. There are established commercial developments in the area that

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 6 of 10

include a plaza to the south, a landscape architect’s office to the west and a one-storey office building to the east; thus creating an infill development within the Village Core area. In addition, the Official Plan intends that all Commercial uses are to be developed in a co-ordinated and comprehensive manner and regard shall be given to grouping of commercial uses, the sharing of access points, and co-ordinating their landscaped designs. The Plan also states that “all Commercial areas shall be adequately served by transportation routes to ensure ease of vehicular access and to avoid excessive traffic congestion.” The Official Plan also outlines that residential uses may be provided above commercial uses in the form of an apartment building provided that the structure does not exceed 3 storeys in height and that no conflict is created between the commercial and residential uses so that a satisfactory living environment can be achieved. In this regard, the application to permit a mix of commercial uses together with business and professional offices and residential apartments on the subject properties, satisfies this policy objective. The subject property is situated along a major arterial road and the Roads and Traffic Division has not expressed any concern with the land use proposal. The property is within a group of existing commercial developments, and the properties are to be merged into one large development where the residential component can be properly integrated with the existing and proposed commercial uses. The Official Plan also sets out criteria for the evaluation of new commercial uses in the Urban Area including compatibility, internal traffic circulation, sufficient off-street parking and loading, landscaping, screening and sharing of a limited number of access points. Many of these principles can be implemented through the required site plan process, which will be addressed later in the report. Based on the foregoing, the Official Plan Amendment affecting 231 Wilson Street East, to permit a mix of commercial uses together with business and professional offices and residential apartments, can be supported. The 241 to 245 Wilson Street East property contains a listed building on the Hamilton Inventory of Buildings of Architectural and/or Historic Interest. The policies of the Ancaster Official Plan encourage the conservation, preservation and rehabilitation of structures and lands having historical and architectural interest. Therefore, in order to satisfy the intent of the heritage policies, the old stone building is required to be conserved on site as part of the overall development of the subject property.

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 7 of 10

Ancaster Zoning By-law No. 87-57 The subject lands at 231 Wilson Street East are zoned Existing Residential “ER”, whereas the lands at 241 to 245 Wilson Street East are zoned Site-Specific General Commercial “C3-231”. The Existing Residential “ER” Zone permits one (1) detached dwelling on one (1) lot and uses, buildings and structures accessory thereto. The Site- Specific General Commercial “C3-231” Zone permits three business or professional offices on the main floor, two business or professional offices on the second floor and one dwelling unit on the second floor. The proposed Zoning By-law Amendment is for the creation of one consistent zoning category over both properties (Site-Specific Village Area “VA-503” Zone) to permit a mix of commercial uses together with business and professional offices with residential apartments permitted above the ground floor commercial.

CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES: Public Works Department – Operations and Maintenance Division The Public Works Department – Operations and Maintenance Division, advised that they have no objection to the proposed Official Plan Amendment and rezoning application. However, a site plan shall be required so that the proposed site layout, with specific attention to the existing access and any proposed changes at the signalized intersection of Wilson Street and Halson Street, can be reviewed in more detail. Bell Canada: Bell Canada advised that the following paragraph be included as a condition of site plan approval: “1. Bell Canada requires one or more conduit or conduits of sufficient size from each

unit to the electrical room and one or more conduits from the electrical room to street line.”

Agencies/Departments Having No Comment or Objections • Public Works Department – Capital Planning and Implementation Division • Public Health and Community Services Department, Health Protection Branch • Corporate Services Department • The Hamilton-Wentworth District School Board • The Hamilton-Wentworth Catholic District School Board

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 8 of 10

• Hydro One Networks Inc. • Hamilton Police Service • Hamilton Street Railway • Union Gas Public Consultation: In accordance with Council’s new public participation policies, as adopted on May 29, 2003, the application was not subject to a preliminary circulation process as a community information meeting was held by the proponent prior to the submission of the application. The community information meeting was held on July 3, 2003, and the Ward Councillor, City staff and all owners within 120 metres of the subject properties were provided individual invitations to attend the meeting. The development presented at the meeting is consistent with the proposal submitted and the agent has provided a list of those invited to the meeting, the minutes and circulation notice, all as required by Council policies. No issues were raised as a result of the meeting. CITY STRATEGIC COMMITMENT:

The proposed commercial mixed use development would achieve the City’s Strategic Goals through the implementation of Vision 2020 as follows: • The proposal makes efficient and economical use of existing infrastructure and

services and would preserve an existing built heritage resource. • The proposal would contribute to the enhancement of the Ancaster Village Core,

thereby curbing suburban sprawl onto rural and agricultural lands. COMMENTS: 1. The proposal has merit and can be supported since the development is

consistent with the Provincial Policy Statement, the Hamilton-Wentworth Official Plan and Vision 2020.

2. The proposed Official Plan Amendment can be supported since it provides for

infill development within an established urban area, provides good access to a major arterial road and public transit, and the proposed commercial/residential development is compatible with the surrounding land use pattern.

3. The subject lands are zoned Existing Residential “ER” and Site-Specific General

Commercial “C3-231” in Zoning By-law No. 87-57. The applicant is requesting a

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 9 of 10

harmonized zoning to permit the full range of General Commercial “C3” Zone uses plus additional commercial uses found in the Village Area Zone.

In review of the requested zone change, staff is recommending that the Zoning By-law Amendment permit a full range of Village Area “VA” Zone uses plus a lounge, place of entertainment or recreation within a wholly enclosed building and residential uses above the ground floor. Given that the subject properties are within the Heritage – Village Core in the Ancaster Official Plan, a Site- Specific Village Area “VA-503” Zone would be consistent with the intent of the Official Plan and permit a commercial development that is appropriate for this area. The amending By-law also proposes a reduced rear yard setback from 9 metres to 7.5 metres to allow for the proper functioning of the site, specifically with regard to the parking spaces and vehicular movement. The rear yards of the subject properties back onto a church parking lot and the Fieldcote Museum. The reduction to the rear yard setback will not unduly impact the adjacent uses. The reduction in the minimum front yard requirement from 3 metres to 0 metres, and reduced setback from the centre line of Wilson Street from 15 metres to 10 metres reflect the existing setbacks of the existing historical building on the subject property and take into account the required road widening for both properties. These reduced setbacks are consistent with other areas in the Village Area.

4. The building located on the subject property at 241 to 245 is listed on the

Hamilton Inventory of Buildings of Architectural and/or Historic Interest. In order to ensure the conservation and protection of the heritage structure, the Site- Specific Village Area “VA-503” Zone includes the provision that any use of the property is only permitted in conjunction with the retention of the existing stone building (carriage house).

5. A road widening is required to establish the property line approximately 15.24

metres from the centreline of the widened Wilson Street East, west of Halson Road and to establish the property line approximately 10.06 metres from the centreline of the widened Wilson Street East, east of Halson Road. As a result of the road widening the existing stone building may be within the designated road allowance. Consistent with City practice, an Encroachment Agreement and road widening will be required as conditions of site plan approval.

6. Through this application, the owner has agreed that the properties would be

merged under common title which would address issues with respect to the

SUBJECT: Application to Amend the Ancaster Official Plan and Zoning By-law No. 87-57 for Lands Located at 231 and 241-245 Wilson Street East - Applicant: Mr. Robert J. Wilkins (PD03244) (Ward 12) - Page 10 of 10

assurance of future access, the location of the proposed buildings and the provision of adequate parking.

7. Although the property at 259 Wilson Street East is not part of the Official Plan

and Zoning By-law Amendment applications, it is currently proposed to be integrated with the overall development. The integration of this site with the proposed development is appropriate as the parking and access points are sufficiently accommodated on the two (2) parcels of land to merge together.

8. While a conceptual plan of the proposed mixed use commercial development

has been prepared (see Appendix “C”), Site Plan Approval will be required. During this process, the precise location of the new buildings, accesses from Wilson Street, parking areas, landscaping and buffer strips will be reviewed to ensure compliance with the proposed Site-Specific Village Area “VA-503” Zone.

9. The proposal was presented to the Ancaster Village Core Advisory Committee on

June 16, 2003. The Advisory Committee supports the proposal in principle, provided that the development is done in a sensitive and complementary way to the existing streetscape and Village Core.

CONCLUSION: Based on the foregoing, the application for an Official Plan Amendment and change in zoning can be supported. :JT Attachs. (3)

Appendix “A” to Report PD03244 Page 1 of 1

1

5

241 to 24

23

Appendix “B” to Report PD03244 Page 1 of 4

Authority: Item , Hearings Sub-Committee

Report (PD03244) CM:

Bill No.

CITY OF HAMILTON

BY-LAW NO.

To Amend Zoning By-law No. 87-57 (Ancaster), as amended Respecting 231 and 241-245 Wilson Street East,

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

AND WHEREAS the City of Hamilton is the successor to certain area municipalities, including the former area municipality known as "The Corporation of the Town of Ancaster" 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 of the former area municipalities continue in force in the City of Hamilton until subsequently amended or repealed by the Council of the City of Hamilton; AND WHEREAS Zoning By-law No. 87-57 (Ancaster) was enacted on the 22nd day of June 1987, and approved by the Ontario Municipal Board on the 23rd day of January, 1989; AND WHEREAS the Council of the City of Hamilton, in adopting Section 1 of Report 03- of the Hearing Sub-Committee at its meeting held on the day of October, 2003, recommended that Zoning By-law No. 87-57 (Ancaster), be amended as hereinafter provided; AND WHEREAS this By-law is in conformity with the Official Plan of the City of Hamilton (the Official Plan of the former Town of Ancaster), approved by the Minister under the Planning Act on July 6, 1984, as amended by Official Plan Amendment No. proposed by the Corporation of the City of Hamilton as By-law No. 03- , but not yet approved in accordance with the provisions of the Planning Act.

Appendix “B” to Report PD03244 Page 2 of 4

NOW THEREFORE the Council of the City of Hamilton enacts as follows: 1. Schedule “B”, Maps 1 & 2 of Zoning By-law No. 87-57 (Ancaster), as amended, is

hereby amended by changing the zoning from Existing Residential “ER” (Block 1) and Site Specific General Commercial “C3-231” (Block 2) to Site Specific Village Area “VA-503” those lands being Part of Lot 44, Concession 2, former geographic Township of Ancaster and more particularly shown on Schedule 'A’ attached hereto and forming part of this By-law.

2. Section 34: Exceptions of Zoning By-law 87-57 (Ancaster), as amended, is

hereby further amended by adding the following subsection:

VA-503 Notwithstanding the provisions of Sub-section 25.1 – Permitted Uses of Section 25: Village Area “VA” Zone of Zoning By-law No. 87-57 (Ancaster), only the following uses shall be permitted provided the stone building existing on the day of passing this by-law continues to be retained on the lands, described as Part of Lot 44, Concession 2, geographic township of Ancaster and municipally known as 231 Wilson Street East and 241 to 245 Wilson Street East:

a) Permitted Uses:

- All uses permitted in the Village Area “VA” Zone - Lounge - Place of Entertainment or Recreation within wholly

enclosed buildings - Residential Uses located above the ground floor only

Notwithstanding any provisions of Sub-section 25.2 of Section 25: Village Area “VA” Zone, of Zoning By-law No. 87-57 (Ancaster) the following special provisions shall apply:

a) Minimum Front Yard 0 metres, plus a 10 metre setback

from the Centre Line of Wilson Street East; and,

b) Minimum Rear Yard 7.5 metres, except where a lot is

abutting a Residential Zone or residential use, in which case the minimum rear yard shall be 13 metres;

Appendix “B” to Report PD03244 Page 3 of 4

c) All other provisions of Zoning By-law No. 87-57 as applicable to the Village

Area “VA” Zone shall apply. 4. 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 , 2003 .

MAYOR CLERK

Appendix “B” to Report PD03244 Page 4 of 4

Appendix “C” to Report PD03244 Page 1 of 1