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Hearings Sub-CommitteeMinutes

Tuesday, April 10, 20019:30 a.m.

Council ChambersHamilton City Hall

71 Main Street West, Hamilton______________________________________________________________________

Present: Deputy Mayor C Collins

Councillors A. Bain, D Braden, M. Caplan, F D`Amico, L. DiIanni,M. Ferguson, A. Horwath, T. Jackson, B. Kelly, M. McCarthy,S. Merulla, D. Mitchell, B. Morelli, R. Powers

Absent with regrets: Mayor R. Wade– City Business

Also Present: L.A. Coveyduck, PlanningG. Paparella, Planning

P. Mallard, PlanningS. Robichaud, PlanningC. McConnell, PlanningK. Christenson, City Clerk’s OfficeA. Rawlings, City Clerk’s OfficeS. Glover, City Clerk’s Office

Deputy Mayor C. Collins called the meeting to order.

THE FOLLOWING ITEMS WERE REPORTED TO CITY COUNCIL:

1. Environmental Remediation and Site Enhancement (ERASE) CommunityImprovement Plan (CIP) (ECO01010) (PD01047) (Item 3.1)

(Morelli/Horwath)a) That the community improvement plan titled “Environmental Remediation

and Site Enhancement (ERASE) Community Improvement Plan (March2001)” be adopted;

b) That the “Environmental Remediation and Site Enhancement (ERASE)Community Improvement Project Area”, as identified in Figure 1 of the

Hearings Sub-Committee (2) Minutes of April 10, 2001

Environmental Remediation and Site Enhancement (ERASE) CommunityImprovement Plan, be designated as a Community Improvement ProjectArea;

c) That the Director of Legal Services be directed to prepare and present toCouncil the necessary by-laws to adopt the ERASE CommunityImprovement Plan and to designate the ERASE Community ImprovementProject Area;

d) That the City Clerk be authorized to forward the adopted ERASECommunity Improvement Plan to the Minister of Municipal Affairs andHousing for approval, in accordance with the provisions of the PlanningAct;

e) That administering departments begin implementing the programscontained in the ERASE Community Improvement Plan on the date theERASE Community Improvement Plan is approved by the Minister ofMunicipal Affairs and Housing;

f) That staff be authorized to redirect 100% of in-year supplementary taxrevenues generated from a qualifying brownfield redevelopmentundertaken pursuant to the ERASE Redevelopment Grant Program in theERASE Community Improvement Plan to fund in-year requirementsrelated to items g) and h);

g) That staff be authorized to rebate, for a period of up to 10 years, 80% ofthe increase in municipal taxes generated from a qualifying brownfieldredevelopment undertaken pursuant to the ERASE CommunityImprovement Plan, and that associated annual funding for these rebatesbe included and approved in the operating budget of the EconomicDevelopment Department;

h) That, for a period of up to ten years, the remaining 20% of the increase inmunicipal taxes generated from a qualifying brownfield redevelopmentundertaken pursuant to the ERASE Community Improvement Plan beapproved, budgeted and transferred to a separate Brownfield ReserveFund to be used by the City to acquire, clean-up and redevelop propertyor participate in public/private partnerships to redevelop brownfieldproperties;

i) That a provision of $130,000 be included and approved within the 2001Capital Budget for the Economic Development Department to fundERASE Environmental Study Grants and the ERASE RedevelopmentOpportunities Marketing Program;

j) That a provision of $45,000 be included and approved within the 2001Operating Budget for the Economic Development Department to financeERASE Rebates of Planning and Development Fees;


k) That the Province be requested to participate in the ERASE CommunityImprovement Plan, and specifically the ERASE Redevelopment GrantProgram, by providing grants in the amount of 100% of the educationproperty tax increase generated by a qualifying brownfield redevelopmentundertaken pursuant to the ERASE Community Improvement Plan;

l) That a report be prepared and forwarded to Council with respect to aDevelopment Charge Exemption Program in the ERASE CommunityImprovement Project Area; and,

m) That a report be prepared and forwarded to Council with respect to aProgram to Review Tax Collection Procedures for Abandoned andContaminated Industrial Properties.

CARRIED

2. Application to amend the Stoney Creek Zoning By-law No. 3692-92, 403McNeilly Road (PD01051) (Item 3.2)

(Horwath/Jackson)That approval be given to Amended Zoning Application ZBA/SC-00-02,Blackridge Properties Inc., owner, for a change to Zoning By-law No. 3692-92from the Neighbourhood Development “ND” Zone to the General Industrial “MG”Zone (Block 1), a modified General Industrial “MG”, Holding “H” Zone (Block 3)and the Open Space “OS” Zone (Block 2) for lands known as 403 McNeilly Road,in the former City of Stoney Creek, as shown on the attached map identified asAppendix “A”, on the following basis:

(a) That the zoning of Block “1” be changed from the NeighbourhoodDevelopment “ND” Zone to the General Industrial “MG” Zone and;

(b) That the zoning of Block “2” be changed from the NeighbourhoodDevelopment “ND” Zone to the Open Space “OS” Zone and;

(c) That the zoning of Block “3” be changed from the NeighbourhoodDevelopment “ND” Zone to the General Industrial “MG-8 (H)” Zone and;

(d) That the amending by-law apply the holding provisions of Section 36(1) ofthe Planning Act, R.S.O. 1990, to Block “3” and that Subsection 9.5.7,“Special Exemptions”, of Section 9.5, General Industrial “MG” Zone ofZoning By-law No. 3692-92, be amended by adding the following newspecial exemption, “MG-8 (H)” to include the following provisions:

(i) Notwithstanding the provisions of Section 3.8, “Holding Zones”, theHolding “H” provision may be removed from those lands zoned “MG-8(H)” once the owner has contributed their fare share to theurbanization of McNeilly Road and upon the merging of the lands with399 McNeilly Road all to the satisfaction of the General Manager ofthe Planning and Development Department.


The “H” symbol shall be removed by amendment to this by-law and thedevelopment of the subject lands may proceed in accordance with theGeneral Industrial "MG" Zone regulations.

(e) That the Corporate Counsel be authorized and directed to prepare a By-lawfor the subject lands to amend Zoning By-law No. 3692-92 for presentationto City Council; and

(f) That the amending By-law be added to Schedule “A”, Map No. 3 of ZoningBy-law No. 3692-92; and

(g) That the proposed change in zoning is in conformity with the Region ofHamilton Wentworth Official Plan and the City of Stoney Creek Official Plan.

CARRIED

3. Application for Zoning By-law Amendment - 1541 Fiddlers Green Road,Ancaster. Applicants – Leanne and Demetre Dekaneas (PD01065) (Item3.3)

(Ferguson/Horwath)That approval be given to Zoning Application ZAC-01-05, Leanne & DemetreDekaneas, owner, for a temporary change in zoning from the Agricultural “A”Zone to the Modified Agricultural “A-376” Zone for a period of three (3) yearsfrom the date of the passing of the By-law, for lands known as 1541 FiddlersGreen Road, in the former Town of Ancaster, as shown on the attached mapsmarked as Appendices “A” & “B”, on the following basis:

(a) That the subject lands be rezoned from the Agricultural “A” to the ModifiedAgricultural “A-376” Zone;

(b) That the provisions of Exception Number A-376 of Section 33; theAgricultural “A” Zone of Section 8, and the General Provisions of Section 7of the Town of Ancaster Zoning By-law 87-57 applicable to the subjectlands being Part of Lot 43, Concession 6, more particularly shown onAppendix “A”, be modified to include the following variances, as specialrequirements;

(i) That notwithstanding Section 8.1 of the Agricultural “A” Zone, thefollowing use shall be permitted as it affects the lands zonedAgricultural “A-376”, for a period of three (3) years from the date ofthe passing of the By-law:

Golf Driving Range

(ii) Notwithstanding the provisions of Section 8.2: Regulations of theAgricultural “A” Zone, the provisions of Section 31.2: Regulations ofSection 31 : Private Open Space “O1” shall apply to the golf drivingrange;


(iii) Notwithstanding Section 7, subsection 7.14(a)(xiii) of the GeneralProvisions Section, the golf driving range shall be exempt from therequirement of the parking area being constructed with a stablesurface of concrete or asphalt;

(iv) That the General Manger of the Planning and DevelopmentDepartment be authorized and directed to prepare a By-law toamend Zoning By-law No. 87-57 (Ancaster) in a form satisfactory toCorporate Counsel for presentation to City Council;

(v) That the proposed change in zoning is in conformity with the OfficialPlan for the Ancaster Planning Area; and,

(vi) That the amending By-law be added to Schedule A, Map 2: RuralArea (South Half) of Zoning By-law No. 87-57 (Ancaster).

CARRIED

4. Zoning Application ZAR-01-02 – Lands to the south of 48 Christie Street(PD01073) (Item 3.4)

(D’Amico/Horwath)(a) That approval be given to Zoning Application ZAR-01-02 – Sabatino

Manganiello, owner, for a change in zoning from “B” (SuburbanAgriculture and Residential, etc.) District to “C” (Urban ProtectedResidential, etc.) District, to permit the development of two (2) singlefamily detached dwellings, for lands located south of 48 Christie Street, asshown on the attached map marked as APPENDIX “A”, on the followingbasis:

(i) That the subject lands be rezoned from “B” (Suburban Agricultureand Residential, etc.) District to “C” (Urban Protected Residential,etc.) District;

(ii) That the Director, Development Division, Planning andDevelopment Department, be authorized and directed to prepare aBy-law in a form satisfactory to Corporate Counsel, to amendZoning By-law No. 6593 and Zoning District Map W9-E forpresentation to City Council; and,

(iii) That the proposed change in zoning is in conformity with the OfficialPlan for the Hamilton Planning Area.

CARRIED


5. Application for approval of a draft plan of subdivision “Cooper Heights,Phase 1” and for a change in zoning for lands located at 187 Rymal RoadWest (PD01075) (Item 3.5)

(D’Amico/Powers)(a) That approval be given to Subdivision Application 25T-200102,

1435667 Ontario Inc. (c/o I. Fortino) and 1435668 Ontario Inc. (c/o D.DiSimoni), joint owners to establish a draft plan of subdivision “CooperHeights, Phase 1”, on lands located south of Rymal Road West and eastof Sparling Avenue in the Kennedy East Neighbourhood, as shown on theattached maps marked as Appendices “A” and “B”, subject to the followingconditions:

(i) That this approval apply to the plan, as revised in red, prepared byUrbex Engineering Limited, December 19, 2000, showing 16 lotsfor single-detached dwellings, 1 block for road widening and toprovide for the extension of 2 streets, attached as Appendix “B”;

(ii) That the applicant/owner prepare and submit, to the satisfaction ofthe Director, Development Division, Planning and DevelopmentDepartment, a municipal street numbering plan;

(iii) That the streets be named based on the City of Hamilton reservedstreet name index to the satisfaction of the City of Hamilton;

(iv) That the applicant/owner shall erect a sign in accordance withSection XI of the Subdivision Agreement prior to the issuance of afinal release by the City of Hamilton;

(v) That the final plan conform with the Zoning By-law approved underthe Planning Act;

(vi) That the applicant/owner provide the City of Hamilton with acertified list showing the net lot area and width of each lot and blockand the gross area of the subdivision in the final plan;

(vii) That the Owner make a cash payment in lieu of the conveyance of5% of the land included in the plan to the City of Hamilton asprovided for under Section 51 of the Planning Act;

(viii) That the applicant/owner dedicate Block 17 by Certificate on theFinal Plan to City of Hamilton for road widening purposes;

(ix) That the applicant/owner establish Krieghoff Drive at a roadallowance width of 26.21m for a distance of 90m from the widenedlimits of Rymal Road West for channelization purposes;

(x) That the applicant/owner dedicate by Certificate on the Final Plan a12m X 12 m daylight triangle at the intersection of the proposed


extension of Krieghoff Drive and the widened limits of Rymal RoadWest as a Block on the Final Plan;

(xi) That the applicant/owner be required to determine the exactlocation of the future mid-block collector on the north side of RymalRoad West in the Sheldon Neighbourhood;

(xii) That the extension of Krieghoff Drive to Rymal Road West aligncentreline to centreline with the future mid-block collector on thenorth side of Rymal Road West in the Sheldon Neighbourhood;

(xiii) That the applicant/owner pay any outstanding servicing costs to theCity of Hamilton adjacent to Rymal Road West;

(xiv) That the driveway for Lot 1 be a minimum width outside of thedaylight triangle of 3.94 m and that the driveway be located at thesoutherly portion of the lot;

(xv) That the applicant/owner submit a detailed survey plandemonstrating that the existing dwelling on the lands shown as Lot9 complies with all of the applicable provisions of the City ofHamilton Zoning By-law No. 6593 to the satisfaction of the Director,Building and Licensing Division, Planning and DevelopmentDepartment, and the Director, Development Division, Planning andDevelopment Department;

(xvi) That Bell Canada shall confirm that satisfactory arrangements,financial and otherwise, have been made with Bell Canada for anyBell Canada facilities serving this draft plan of subdivision which arerequired by the City of Hamilton to be installed underground, with acopy of such confirmation forwarded to the City of Hamilton;

(xvii) That the owner shall agree in words satisfactory to Bell Canada, togrant to Bell Canada any easements that may be required fortelecommunication services and if there are any conflicts withexisting Bell Canada facilities or easements, the owner/developershall be responsible for rearrangements of relocation;

(xviii) That the developer at their expense, place adequate signage on sitebased on Hamilton-Wentworth District School Board specificationsadvising that students from this development are likely to beredirected to schools outside of the area with available capacity andthat students may be transported as governed by the Board’sTransportation Policy;

(xix) That the sub-agreement require the developer include in allagreements of purchase and sale notice to purchasers advising that


students from this development are likely to be redirected to schoolsoutside of the area with available capacity as governed by theBoard’s Transportation Policy;

(xx) That the applicant/owner carry out an archaeological assessment ofthe entire development property and mitigate, through preservationor resource removal and documentation, adverse impacts to anysignificant archaeological resources found;

No demolition, grading or other soil disturbances shall take placeon the subject property prior to the approval authority and theMinistry of Citizenship, Culture & Recreation confirming that allarchaeological resource concerns have met licensing and resourceconservation requirements;

(xxi) That the driveway locations on Lots 13 to 16 inclusive, be to thesatisfaction of the General Manager, Transportation, Operationsand Environment Department and be shown on the approvedengineering drawings;

(xxii) That the phasing of development be to the satisfaction of theDirector, Development Division, Planning and DevelopmentDepartment;

(xxiii) That the following traffic warning clause for Lots 1 to 3 beregistered on title to the satisfaction of the Corporate Counsel andthe Director, Development Division, Planning and DevelopmentDepartment:

“Purchasers are advised that traffic noise levels originating fromRymal Road West may become of concern, occasionally interferingwith some activities of the occupant”;

(xxiv) That the applicant/owner agree, in writing, to satisfy allrequirements, financial and otherwise, of the City/Region prior todevelopment of any portion of these lands;

(xxv) That the applicant prepare and implement an erosion and sedimentcontrol plan for the subject property to the satisfaction of theHamilton Region Conservation Authority. The approved plan shouldinclude the following notes:

(a) All erosion and sediment control measures shall be installedprior to development and maintained throughout theconstruction process, until all disturbed areas have beenrevegetated;


(b) All erosion and sediment control measures shall be inspectedafter each rainfall to the satisfaction of Hamilton RegionConservation Authority staff;

(c) Any disturbed area not scheduled for further constructionwithin 45 days will be provided with a suitable temporarymulch and seed cover within 7 days of the completion of thatparticular phase of construction; and,

(d) All disturbed areas shall be revegetated with permanent coverimmediately following completion of construction; and,

(xxvi) That the applicant prepare and implement a stormwatermanagement plan for the subject property to the satisfaction of theHamilton Region Conservation Authority whereby the approvedplan shall address stormwater quantity and quality issues and willensure that current Provincial drainage and stormwater qualityguidelines are implemented.

(b) That approval be given to Zoning Application ZAC-00-38, 1435667Ontario Inc. (c/o I. Fortino) and 1435668 Ontario Inc. (c/o D.DiSimoni), joint owners, for a change in zoning from “B” (SuburbanAgriculture and Residential) District to “C” (Urban Protected Residential,etc.) District for lands located south of Rymal Road West and east ofSparling Avenue in the Kennedy East Neighbourhood, as shown on theattached map marked as Appendix "A", on the following basis:

(i) That the subject lands be rezoned from “B” (Suburban Agricultureand Residential) District to “C” (Urban Protected Residential, etc.)District;

(ii) That the General Manager, Planning and Development Departmentbe authorized to prepare a By-law in a form satisfactory to theCorporate Counsel to amend Zoning By-law No. 6593 and ZoningDistrict Maps W-9e for presentation to City Council; and,

(iii) That the proposed change in zoning is in conformity with the OfficialPlan for the Hamilton Planning Area.

(c) That upon finalization of the implementing zoning by-law, that theapproved Kennedy East Neighbourhood Plan be amended to revise theroad pattern as shown on the proposed plan of subdivision “CooperHeights, Phase 1” (attached as Appendix “B”).


6. Application for approval of a draft plan of subdivision “Cooper Heights,Phase 2” for lands located at 157, 165 and 173 Rymal Road West and for achange in zoning for lands located at 157 and 173 Rymal Road West(PD01076) (Item 3.6)

(D’Amico/Powers)(a) That approval be given to Subdivision Application 25T-200103, W.

Mattina, owner to establish a draft plan of subdivision “Cooper Heights,Phase 2”, on lands located south of Rymal Road West and east ofWestlawn Drive and Sparling Avenue, known municipally as 157, 165 and173 Rymal Road West, in the Kennedy East Neighbourhood, as shown onthe attached map marked as Appendix “A”, subject to the followingconditions:

i) That this approval apply to the plan, as revised in red, prepared byUrbex Engineering Limited dated December 19, 2000, showing 9lots for single-detached dwellings, 1 block for road widening (Block10) and 1 block for the extension of Krieghoff Drive (Block 11),attached as Appendix “B”;

(ii) That the applicant/owner prepare and submit, to the satisfaction ofthe Director, Development Division, Planning and DevelopmentDepartment, a municipal street numbering plan;

(iii) That the streets be named based on the City of Hamilton reservedstreet name index to the satisfaction of the City of Hamilton;

(iv) That the applicant/owner shall erect a sign in accordance withSection XI of the Subdivision Agreement prior to the issuance of afinal release by the City of Hamilton;

(v) That the final plan conform with the Zoning By-law approved underthe Planning Act;

(vi) That the applicant/owner provide the City of Hamilton with acertified list showing the net lot area and width of each lot and blockand the gross area of the subdivision in the final plan;

(vii) That the applicant/owner carry out an archaeological assessment ofthe entire development property and mitigate, through preservationor resource removal and documentation, adverse impacts to anysignificant archaeological resources found.

No demolition, grading or other soil disturbances shall take placeon the subject property prior to the approval authority and theMinistry of Citizenship, Culture & Recreation confirming that all


archaeological resource concerns have met licensing and resourceconservation requirements;

(viii) That prior to registration of any phase of this subdivision, that theapplicant satisfy and finalize Consent Application B-00:93, to thesatisfaction of the Director, Development Division, Planning andDevelopment Department;

(ix) That the following traffic warning clause for Lots 1 to 3 beregistered on title to the satisfaction of the Corporate Counsel andthe Director, Development Division, Planning and DevelopmentDepartment:

“Purchasers are advised that traffic noise levels originating fromRymal Road West may become of concern, occasionally interferingwith some activities of the occupant”

(x) That the Owner make a cash payment in lieu of the conveyance of5% of the land included in the plan to the City of Hamilton asprovided for under Section 51 of the Planning Act;

(xi) That a 0.3 m reserve be established along the front of Lots 1, 2, 3,and 4 and the owner agree, in writing, to declare Lots 1, 2, 3 and 4unsuitable for building purposes until such time as the existingdwellings, known municipally as 165 and 173 Rymal Road West,have been demolished or relocated to comply with the applicableprovisions of Zoning By-law No. 6593, to the satisfaction of theDirector, Building and Licensing Division, Planning andDevelopment Department, and the Director, Development Division,Planning and Development Department;

(xii) That Lots 2 – 9, inclusive, not be developed until such time as aPublic Highway, that being the extension of Krieghoff Drive, hasbeen established to the satisfaction of the Director, DevelopmentDivision, Planning and Development Department;

(xiii) That Lots 2 – 9, inclusive, not be developed until such time as fullmunicipal services are available to service these lands directly tothe satisfaction of the Director, Development Division, Planning andDevelopment Department;

(xiv) That any phasing of the development of the subject lands be to thesatisfaction of the Director, Development Division, Planning andDevelopment Department;

(xv) That the applicant/owner dedicate Block 10 by Certificate on theFinal Plan to City of Hamilton for road widening purposes;


(xvi) That prior to the registration of the subdivision, the applicant/ownerestablish Krieghoff Drive at a road allowance width of 26.21m for adistance of 90m from the widened limits of Rymal Road West forchannelization purposes;

(xvii) That the applicant/owner dedicate by Certificate on the Final Plan a12m X 12m daylight triangle at the intersection of the proposedextension of Krieghoff Drive and the widened limits of Rymal RoadWest as a Block on the Final Plan;

(xviii) That the applicant/owner be required to determine the exactlocation of the future mid-block collector on the north side of RymalRoad West in the Sheldon Neighbourhood;

xix) That the extension of Krieghoff Drive to Rymal Road West aligncentreline to centreline with the future mid-block collector on thenorth side of Rymal Road West in the Sheldon Neighbourhood;

(xx) That the applicant/owner pay any outstanding servicing costs to theCity of Hamilton adjacent to Rymal Road West;

(xxi) That the driveway for Lot 2 be a minimum width outside of thedaylight triangle of 3.94m and that the driveway be located at thesoutherly portion of the lot;

(xxii) That prior to registration of any phase of the proposed subdivision,the applicant/owner pay the required commutation amount ofRegional Local Improvement Charges to the Finance andCorporate Services Department;

(xxiii) That the applicant/owner agree in writing to satisfy all requirements,financial and otherwise, of the City prior to development of anyportion of these lands;

(xxiv) That Bell Canada shall confirm that satisfactory arrangements,financial and otherwise, have been made with Bell Canada for anyBell Canada facilities serving this draft plan of subdivision which arerequired by the City of Hamilton to be installed underground; a copyof such confirmation shall be forwarded to the City of Hamilton;

(xxv) That the owner shall agree in words satisfactory to Bell Canada, togrant to Bell Canada any easements that may be required fortelecommunication services. If there are any conflicts with existingBell Canada facilities or easements, the owner/developer shall beresponsible for rearrangements of relocation;

(xxvi) That the developer at their expense, place adequate signage on sitebased on Hamilton-Wentworth District School Board specifications


advising that students from this development are likely to beredirected to schools outside of the area with available capacity andthat students may be transported as governed by the Board’sTransportation Policy;

(xxvii) That the sub-agreement require the developer include in allagreements of purchase and sale notice to purchasers advising thatstudents from this development are likely to be redirected to schoolsoutside of the area with available capacity as governed by theBoard’s Transportation Policy;

(xxviii) That the applicant prepare and implement an erosion and sedimentcontrol plan for the subject property to the satisfaction of theHamilton Region Conservation Authority. The approved plan shouldinclude the following notes:

(a) All erosion and sediment control measures shall be installedprior to development and maintained throughout theconstruction process, until all disturbed areas have beenrevegetated;

(b) All erosion and sediment control measures shall be inspectedafter each rainfall to the satisfaction of Hamilton RegionAuthority staff;

(c) Any disturbed area not scheduled for further constructionwithin 45 days will be provided with a suitable temporarymulch and seed cover within 7 days of the completion of thatparticular phase of construction;

(d) All disturbed areas shall be revegetated with permanent coverimmediately following completion of construction; and,

(xxix) That the applicant prepare and implement a stormwatermanagement plan for the subject property to the satisfaction of theHamilton Region Conservation Authority whereby the approvedplan shall address stormwater quantity and quality issues and willensure that current Provincial drainage and stormwater qualityguidelines are implemented.

(b) That approval be given to Zoning Application ZAC-00-39, W. Mattina,owner, for a change in zoning from “AA” (Agricultural) District to “C” (UrbanProtected Residential, etc.) District for lands located at 157 and 173 RymalRoad West in the Kennedy East Neighbourhood, as shown on theattached map marked as APPENDIX "A", on the following basis:


(i) That Blocks “1” and “2” be rezoned from “AA” (Agricultural) Districtto “C” (Urban Protected Residential, etc.) District; and,

(ii) That the General Manager, Planning and Development Departmentbe authorized and directed to prepare a By-law in a formsatisfactory to the Corporate Counsel to amend Zoning By-law No.6593 and Zoning District Maps W-43a and W-37 for presentation toCity Council;

(c) That upon finalization of the implementing zoning by-law and draft planapproval, that the approved Kennedy East Neighbourhood Plan beamended to revise the road pattern as shown on the proposed plan ofsubdivision “Cooper Heights, Phase 2” (attached as Appendix “B”)

7. Application To Amend Zoning By-law No. 87-57 and for Approval of“Miller’s Pond” Draft Plan Of Subdivision 288178 Ontario Limited (PaulSilvestri, President) – Owner 464 Hamilton Drive and 439 Garner Road West(Ancaster)(PD01074) (Item 4.1)

(a) That approval be given to Subdivision Application 25T-200007, 288178Ontario Limited (Paul Silvestri, President) – Owner, to establish a draftplan of subdivision “Miller’s Pond”, on lands located at 464 Hamilton Driveand 439 Garner Road West (Ancaster) as shown on the attached mapmarked as Appendix “A”, subject to the following conditions:

(i) That this approval apply to the red-lined revised plan “Miller’s Pond”dated March 19, 2001 prepared by May, Pirie, Dakin & AssociatesLimited and certified by D. McLaren, an Ontario Land Surveyor, onMay 30, 2000, showing 103 lots for single detached residentialdevelopment, a block (Block 106) for Stormwater Managementpurposes, 4 blocks (Blocks 107, 108, 116 and 117) for Open Spacepurposes, a block (Block 111) for an emergency access/walkway, ablock (Block 114) for a walkway, 4 blocks (Blocks 109, 110, 112,115) for roadway and daylighting purposes, a block (Block 118) forUnion Gas utilities and a block (Block 119) for interim StormwaterManagement purposes and two future residential lots.

(ii) That the owner agrees to dedicate all road allowances as publichighways to the City by certificate on the final plan.

(iii) That the owner agrees to dedicate Block 111 and Block 114 as apublic walkway to the City of Hamilton by certificate on the finalplan.

(iv) That the owner agrees to dedicate Block 112 as a daylightingtriangle to the City by certificate on the final plan.


(v) That the owner agrees to dedicate Block 115 as a road widening tothe City by certificate on the final plan. The road widening is to besufficient width to establish the north limit of the road allowance at18.29 metres from the existing centreline of the Garner Road roadallowance.

(vi) That the owner agrees to transfer any easements required for utilitypurposes to the appropriate authority.

(vii) That the owner agrees to convey Block 106 to the City for thepurpose of a Storm Water Management Facility.

(viii) That the owner agrees to utilize Block 119 for the purpose of StormWater Management (SWM) until it can be demonstrated that theselands are not required to accommodate any portion of the facility,slopes, volume or otherwise, or until additional lands are added to theStorm Water Management Facility to accommodate the ultimateSWM design, upon development of the westerly adjacent lands.

(ix) That the owner agrees that any dead-ends and open sides of roadallowance created by this draft plan of subdivision shall beterminated in 0.3m reserves and conveyed to the City.

(x) That the owner shall prepare a plan showing the design andlocation of siltation and erosion control devices in accordance withthe “Keeping Soils On Construction Sites” manual and to thesatisfaction of the Manager of Development Engineering.

(xi) That the owner shall submit a detailed Storm Water Managementreport in accordance with the approved Shaver NeighbourhoodMaster Drainage Plan (MDP) as prepared by Dillon Consultants.Sufficient back-up information will be required to verify that theproposed location of the SWM facility will accommodate theproposed facility designed in accordance with current / applicableStorm Water Management Guidelines to the satisfaction of theManager of Development Engineering and all other appropriateagencies.

(xii) That the owner agree that the Storm Water Management reportmentioned in the foregoing condition shall detail cost sharing to allbenefiting lands to the satisfaction of the Manager of DevelopmentEngineering. The owner further agrees that the implementation ofthe cost recovery of benefiting owners’ apportionment shall occuras the contributing lands develop.

(xiii) That the Storm Water Management report shall include “BestManagement Practices” to be implemented in the development.


(xiv) That the Storm Water Management report shall determine whatimpacts runoff from the site will have on the downstream watercourse and provide recommendations for any necessary mitigativemeasures.

(xv) That the owner agrees to provide sufficient securities to the City toremove any interim works incorporated into the design of the stormwater management facility as required to accommodate Miller’sPond.

(xvi) That the owner agrees that the final plan of “Miller’s Pond” plan ofsubdivision shall not be registered until an adequate sanitary seweroutlet has been provided to the limit of the draft plan of subdivision.

(xvii) That the owner shall submit detailed engineering design drawingsto current standards and to the satisfaction of the Manager ofDevelopment Engineering.

(xviii) That the owner agrees that the lots and blocks shall be developedwith full municipal services.

(xix) That the owner agrees to submit a servicing report to thesatisfaction of the Manager of Development Engineering.

(xx) That the owner agrees to construct a left turn lane with 15 metres ofstorage and appropriate taper length as required in the eastbounddirection on Garner Road at Hamilton Drive.

(xxi) The owner agrees to construct a temporary cul-de-sac with a 15mradius bulb with a 10.68m paved portion at the two temporary roadterminations on Street B.

(xxii) That the owner agrees that all roads shall be designed to currentgeometric design standards of the former Town of Ancaster andHamilton-Wentworth Region.

(xxiii) That the owner agrees that sidewalks will be provided on the westside of Hamilton Drive and internally as deemed necessary.

(xxiv) That the owner agrees to provide street lighting throughout thesubdivision, along Hamilton Drive and the north side of Highway 53for the limits of the subdivision to the satisfaction of the Manager ofDevelopment Engineering.

(xxv) That the owner agrees to submit a house numbering plan to thesatisfaction of the Director of Development Planning.

(xxvi) That the owner agrees that the streets are to named to thesatisfaction of the City.


(xxvii) That the owner agrees that the 7m x 7m daylight triangles at StreetA and Hamilton Drive be dedicated to the City as public highway bycertificate on the final plan.

(xxviii) That the owner agrees to provide a sufficient road allowance widthto accommodate all geometric requirements of Street A, includingturning movements at Hamilton Drive.

(xxix) That the owner agrees to reconstruct that portion of Hamilton Driveabutting the subdivision, wherein such reconstruction shall includethe intersection of Garner Road and Hamilton Drive in accordancewith the current geometric standards and the recommendations of atraffic study which will address the projected traffic from the fullydeveloped Shaver Neighbourhood and to front-end the City’sportion of the cost of the works.

(xxx) That the owner agrees to investigate the existing Bell Canadaeasement and make the necessary arrangements to avoid anyservicing and/or construction conflicts.

(xxxi) That the owner agrees to make the necessary arrangements withUnion Gas to relocate the pipeline crossing the lands within thedevelopment.

(xxxii) That the owner shall submit a detailed grading plan showing howthe grading within the development will be integrated with theexisting adjacent residential properties. The grading shall also takeinto consideration the future development to the south and to theeast. Identify any impacts and show how these impacts will bemitigated in a safe and aesthetic manner to the satisfaction of theManager of Development Engineering. The grading of the buildingswill attempt to blend in with the existing topography and naturalsetting where possible.

(xxxiii) That the owner shall submit a Landscape and Tree PreservationPlan to the satisfaction of the Manager of Development Engineeringand the Grand River Conservation Authority. Special considerationshall be given to a planting scheme along Hamilton Drive and thelandscape features for the Storm Water Management Facility. Theplan will be reviewed in conjunction with the engineering drawings.

(xxxiv) That the owner agrees that grading shall be carried out inaccordance with the current standard drawings and specifications.Any modification to these drawings/specifications will requireapproval by the Manager of Development Engineering.

(xxxv) That the owner agrees that all dead or diseased trees shall beremoved from the road allowances and that the removal and


replacement of street trees along Hamilton Drive and Garner Roadas required by the reconstruction of the roads, will be at the soleexpense of the owner.

(xxxvi) That the owner agrees to install a 1.8m high chainlink fence aroundthe perimeter of the storm water management pond adjacent to allresidential lots.

(xxxvii)That the owner agrees to install a privacy fence along the rearproperty lines of Lots 40 to 43 inclusive adjacent to the roadallowance in accordance with the standards of the former Town ofAncaster.

(xxxviii)That the owner agrees to install a 1.5m high chainlink fence oneach side of the public walkway blocks.

(xxxix) That the owner shall provide a Traffic Report to determine theimpact the development will have on the intersection HamiltonDrive at Garner Road. The report will also address theappropriateness of the proposed geometric cross-section of Street“A” including the road allowance at the intersection of HamiltonDrive. The report will consider the projected traffic from Miller’sPond development, traffic generated from the current and futuredevelopments to the east and existing traffic flow to the satisfactionof the Manager of Development Engineering. Further, the reportshall address the implementation of traffic calming techniques andthe appropriate locations where they may be utilized.

(xl) That the owner agrees to prepare a Geotechnical Report todetermine the soils conditions and to provide data indicating thosesoils characteristics are conducive to the recommendations in theStorm Water Management Report and the proposed “BestManagement Practices”.

(xli) That the owner shall provide a Noise Impact Study addressing theimpacts of road traffic and air traffic on this development prior to theregistration of the final plan of subdivision. All noise mitigationmeasures required, shall be undertaken at the expense of theowner. Air traffic noise shall be addressed in conjunction with thelatest noise exposure forecast (NEF) contour mapping.

(xlii) That the owner agree to include in every agreement of purchase andsale, and register on title the following noise warning clause for allproposed residential units:

“Purchasers are advised that despite the inclusion of noise controlmeasures within the development area and within the individualbuilding units, traffic noise levels may become of concern,occasionally interfering with some activities of the occupants.”


(xliii) That the owner shall prepare a Groundwater Study which shallassess the impact that the proposed development would have onthe water supply and the sewage disposal systems on the adjacentproperties. Pending the outcome of the Study, the owner shallpropose appropriate mitigative measures to address the concernsto the satisfaction of the Manager of Development Engineering.

(xliv) That the owner ensure that adequate provisions are made so as toensure that public access is granted in perpetuity from Block 114 tothe blocks contiguous with Block 114 to the mutual satisfaction ofthe Grand River Conservation Authority and the City of Hamilton.

(xlv) That the owner convey 5% cash-in-lieu of parkland dedication tothe City of Hamilton.

(xlvi) That the owner provide the City of Hamilton with a copy of the finalplan to be registered, in conjunction with a certified list showing thenet area and width of each lot and block and the gross area of thesubdivision, as prepared by an Ontario Land Surveyor whichconforms to Zoning By-law No. 87-57 (Ancaster).

(xlvii) That the owner be required to enter into a Subdivision Agreementwith the City of Hamilton and satisfy all requirements, financial andotherwise of the City of Hamilton prior to development of anyportion of these lands.

(xlviii) That the owner connect municipal water and sewage systems toany existing or proposed development.

(xliv) That the owner disable all existing septic tanks and private wells onthe subject property in accordance with Ministry of Environmentand Energy (MOEE) requirements and Ontario Regulations.

(l) That the owner shall agree in the Subdivision Agreement, in wordssatisfactory to Bell Canada, to grant Bell Canada any easementsthat may be required for telecommunications services.

(li) That the owner be required to enter into an agreement (Letter ofUnderstanding) with Bell Canada complying with any undergroundservicing conditions imposed by the municipality and if no suchconditions are imposed, the owner shall advise the municipality ofthe agreement made for such servicing.

(lii) That the owner agrees to provide Canada Post facilities as requiredby Canada Post Corporation and to locate these facilities to thesatisfaction of the City of Hamilton and Canada Post. The facilitiesare to be installed as part of the installation of Public Works.


(liii) That the owner agree to relocate, and at his/her sole expense, theeight-inch high pressure transmission line, the distribution stationand any affected customer services in the area to the satisfaction ofUnion Gas.

(liv) That the owner agree to establish necessary easements of anappropriate width in favour of Union Gas.

(lv) That the owner shall dedicate Block 118 on the red-lined revisedplan in fee simple to Union Gas.

(lvi) That the owner shall submit a copy of the stormwater managementreport and plans, indicating the intended treatment of the calculatedrunoff and any resultant impacts on the highway drainage system tothe satisfaction of the Ministry of Transportation of Ontario.

(lvii) Prior to any grading or construction on the site and prior toregistration of the plan, the owners or their agents submit thefollowing plans and reports to the satisfaction of the Grand RiverConservation Authority.

1. A detailed stormwater management report in accordance withthe 1994 Ministry of the Environment and Energy Report entitled“Stormwater Management Practices Planning and DesignManual” and in accordance with the recommendations of theMaster Drainage Plan for the Spring Valley East and ShaverNeighbourhoods (1993).

2. A grading and drainage control plan showing the limits of all-grading, including existing and proposed grades. In this regardall setback requirements adjacent to the steep valley slope onLots 3 - 12 should be identified on the plan. In addition, the planshould address tree saving on Lots 13, 18 - 24 and Lots 28 and29.

3. An erosion and sediment control plan in accordance with tileGrand River Conservation Authority’s Guidelines for sedimentand erosion control, indicating the means whereby erosion willbe minimized and silt maintained on-site throughout all phasesof grading and construction.

(lviii) Final issuance of Fill Construction and Alteration to WaterwaysPermit No. 254/00 from the Grand River Conservation Authorityand, if required, additional approvals pursuant to OntarioRegulation 149 as amended for any other construction or alterationwithin any area regulated by the Conservation Authority.

(lix) That the Subdivider’s Agreement between the owners and themunicipality contain provisions for the completion and maintenance


of the works in accordance with the approved plans and reportsnoted in Condition (lvi) above.

(a) That approval be given to Zoning Application ZB-00-16, 288178 OntarioLtd. (P. Silvestri, President) owner, for a change in zoning from “A-216”(Agricultural) District to the “R3” (Residential) District (Lots 1-103) and the“O2” (Public Open Space) District (Blocks 107, 108, 114, 116 and 117) forlands located at 464 Hamilton Drive and 439 Garner Road West (formerTown of Ancaster) as shown on the attached map marked as Appendix“B” on the following basis:

(i) That Lots 1 to 103 and Blocks 109, 110, 111, 112, 115, 118 and119 be rezoned from “from “A-216” (Agricultural) District to the “R3”(Residential) District ;

(ii) That Blocks 106, 107, 108, 114, 116 and 117 be rezoned from “A-216” (Agricultural) District to “O2” (Public Open Space) District;

(iii) That the “R3” (Residential) District regulations, as contained inSection 11.3 of Zoning By-law No.87-57 (Ancaster) applicable toLots 1 – 103 and Block 119 be amended to the extent of thefollowing special requirements:

(1) notwithstanding Section 11.3.2 (b), the minimum lot frontageshall be 15.2m, except that no more than 19 lots may have aminimum lot frontage of 15.0 metres; except on a corner lotthe minimum lot frontage shall be 19.2m;

(2) notwithstanding Section 11.3.2 (a), the minimum lot areashall be 495 square metres, except on a corner lot theminimum lot area shall be 610 square metres.

(3) the rear yard setback of Lots 1 and 2 shall be 12 metres;

(4) the rear yard setback of Lots 3-12 shall be 12 metres andthe rear yard setback for Lot 31 shall be 15 metres; however,no buildings, structures, pools, sheds, etc. shall beconstructed within 6 metres from the rear lot lines; and,

(5) a Holding “H” prefix be assigned to Block 119, wherein thelands shall only be used for an interim stormwatermanagement pond, and that the “H” only be lifted by By-lawwhen the permanent stormwater management facility is inplace to the satisfaction of the Manager of DevelopmentEngineering.

(iv) That the General Manager of the Planning and DevelopmentDepartment be authorized and directed to prepare a By-law to


amend Zoning By-law No. 87-57 (Ancaster) in a form satisfactory toCorporate Counsel for presentation to City Council;

(v) That the proposed change in zoning is in conformity with the OfficialPlan for the Ancaster Planning Area; and,

(vi) That the amending By-law be added to Schedule 1, Map 1: UrbanArea of Ancaster Zoning By-law No. 87-57.

CARRIED

THE FOLLOWING ITEMS WERE REPORTED TO CITY COUNCIL FORINFORMATION PURPOSES:

(a) Declarations of Interest (Item 1)

None

(b) Minutes (Item 2)

The minutes of the meeting held on April 3, 2001 were adopted as presented

(c) Environmental Remediation and Site Enhancement (ERASE) CommunityImprovement Plan (CIP) (ECO01010)(PD01047) (3.1)

A Public Meeting was held.

Ed Fothergill, Vice-Chairman of the Hamilton Chamber of Commerce, spoke infavour of the proposal.

Mitchell Fasken of Jannock Properties also supported the proposed plan.

Staff was directed to prepare options for a pilot remediation project on city ownedlands in 2001, and to continue to pursue ways in which the project could beextended to other areas of the City, and to report back to Council.

(d) Application to amend the Stoney Creek Zoning By-law No. 3692-92, 403McNeilly Road (PD01051) (Item 3.2)


At their request, Councillor Mitchell read Committee a letter of objection fromDonna Smith and Alvaro Rombeira. The letter was given to the Clerk.


David Tang spoke on behalf of Tiercon Industries Inc. and requested twoseparate zoning by-laws be passed, and that the H – Holding designation not beincluded in the zoning for the rear of the property. Mr. Tang submitted a letterregarding the matter.

Celeste Iacobelli, on behalf of the applicant, spoke in favour of the staff report butexpressed concerns that the H – Holding provisions of the proposed by-law couldcause delays.

Committee discussed the matter, and the following amendment to the staffrecommendation was approved:

That the “H” Holding provisions be removed from Block 1 but retained on Block 3in the proposed by-law for 403 McNeilly Road.

(e) Application for Zoning By-law Amendment, 1541 Fiddlers Green Road,Ancaster, Applicants – Leanne and Demetre Dekaneas (PD01065) (Item 3.3)


There were no speakers regarding this matter.

(f) Zoning Application ZAR-01-02 – Lands to the South of 48 Christie Street.(PD01-73) (Item 3.4)


Marian Gallagher addressed the Committee and expressed her opposition to theproposal, particularly with regard to the traffic issues on Christie Street. Ms.Gallagher submitted a letter. Ms. Gallagher also read Committee a letter fromPolly Shimazu, which expressed similar concerns. This letter was also submittedto the Clerk.

Sabatino Manganiello, the applicant, requested a reduction in the requiredsetback of the house.

(g) Application for Approval of a Draft Plan of Subdivision “Cooper Heights,Phase 1” and for a Change in Zoning for Lands Located at 187 Rymal RoadWest (PD01075) (Item 3.5)


Councillor D’Amico addressed the Committee, on behalf of Mr. Homier, andexplained the drainage problems which are being experienced by some of the


residents. Staff was directed to review the site grading plan for Cooper HeightsPhase I and Phase II with Councillor D’Amico and Mr. Homier, and to carry outany possible remedial work.

(h) Application for Approval of a Draft Plan of Subdivision “Cooper Heights,Phase 2” for Lands Located at 157, 165 and 173 Rymal Road West and for aChange in Zoning for Lands Located at 157 and 173 Rymal Road West(PD01076) (Item 3.6)


There were no speakers regarding the matter.

(i) Delegation – Application to amend Zoning By-law No. 87-57 and forApproval of “Miller’s Pond” Draft Plan of Subdivision – 288178 OntarioLimited (Paul Silvestri, President) – Owner 464 Hamilton Drive and 439Garner Road West, Ancaster (PD01074) (Item 4.1)

Ken Dakin, the agent for the applicant, addressed the Committee and supportedthe staff report and the recommended conditions.

Adi Irani, the agent for Shaver Estates, the adjacent property, requested approvalto address the Committee on the matter. Committee agreed to hear Mr. Irani.Mr. Irani expressed concerns regarding the disposition and potential access tothe M.T.O. lands which are adjacent to both properties but are “land locked”.

(j) Delegation – Sergio Manchia, Planning & Engineering Initiatives respectingRoyal Summit Plan of Subdivision (Item 4.2)

Sergio Manchia explained the background to the proposed subdivision. Herequested Committee’s endorsement of his request to the O.M.B. to change twoof the conditions in the Board’s Order regarding the subdivision.

The Committee supported Mr. Manchia’s proposed changes to the conditionsregarding the emergency access and sidewalks, and directed staff to advise theO.M.B. accordingly.

(k) Motions (Item 5)

None

(l) Notices of Motions (Item 6)

None


(m) General Information (Item 7)

None

(n) Adjournment (Item 8)

(Powers/Jackson)The Hearings Sub-Committee adjourned at 12:45 p.m.

CARRIED

Deputy Mayor C. Collins, ChairmanHearings Sub-Committee

Kevin C. Christenson, City Clerk,April 10, 2001

Hearings S&-Committee (26) Minutes of April IO,2001

Appendix “A” to Report PDOl057

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South Service Road

B L O C K 1

CANADlAN NATIONAL RAILWAY

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LegendBLOCK 1 - CHANGE FROM NEIGHBOURHOOD DEVELOPMENT’ND”

ZONE TO GENERAL INDUSTRIAL ‘MO-8 (H)” ZONE

BLOCK 2 -CHANGE FROM NElGHSOUFUiOOD DEVELOPMENT-ND”ZONE TO OPEN SPACE “OS” ZONE

BLOCK 3 - CHANGE FROM NElGHSOURHOOD DEVELOPMENT “ND”ZONE TO GENERAL lNDUSTRlAL “MG-9 (H)” ZONE

NOTE: A l l d imens ions a re in metres

Location Map

City of HamiltonPlanning and Development Department

Hearings Sub-Committee (271 Minutes of April IO, 2001

APPENDIX “A” TO REPORT PDOldSS

Location Map

0 SITE OF THE APPLICATION

- 1541 Fiddler’s Green Road,-

Hearings Sub-Committee (28) Minutes of April IO,2001

APPENDIX %” TO REPORT PDOI 0651

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Hearings Sub-Committee (29) Minutes of April IO, 2001

Appendix "A" of Keport PO01073

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Appendix “A” of Report ~~01075. . .

- 25T200102 -

NOT GZLLI!OeteChange in Zonin from ‘8’ uburbon

Agicuhml and 1eesidentiiFetc.j CM-idto ‘C Urban Protected Residentd, etc)Diirict \or lands located at 187 RymalR o a d W e s t .

Jma, 2001

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AP?EwDix’A’

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Hearings Sub-Committee Minutes of April do, 2001

Appendix "B" of Report Pi301075

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Appendix "A" to Report PDO1076

NOE Alidiiors are in metres

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Location MapLegend

Site of Application

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Hearings Sub-Committee Minutes of April IO,2001

APPENDIX A TO REPORT PD01074

NOTE: Alldimensions are in rnatres4

Planning and Development Department 9

L6catihiLegend

PRefegz,Ft No.

ET-200007

S c a l eNOT ‘RI SCALE

DateMarch 2001. Drawn f3y

J.E.G.

he of ho App!icalion

ICify of Hamilton

Site of Application

Miller’s Pond Proposed Development

APPENDIX ‘A”

Hearings Sub-Committee Minutes of April IO,2001

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