GENERAL COMMITTEE MINUTES TWENTY-S ECOND MEETING REGULAR MONDAY, JULY 26, 2010 Present: Mayor Brian McMullan Counci llor Jeff Burch Counci llor Dawn Dodge Councillor Mark Elliott Councillor Heather Foss Councillor Andrew Gill Councillor Bill Phillips Councill or Peter Secord Councillor Len Stack Councillor Jenni fer Stevens Councillor Greg Washuta Absent: Councillor Joseph Kushner Councillor Bruce Williamson Officials Chief Administrative Officer, Mr. Colin Briggs Present: Director of Corporate Support Services, Mr. Dan Carnegie Director of Financial Management Services, Ms. Shelley Chemnitz Director of Transportation and EnvirorUllental Services, Mr. Paul Mustard Manager of Planning Services, Ms. Judy Pi hach Director of Recreation and Community Services, Mr. Rick Lane Assistant City Solicitor, Ms. Donna Gibbs Director of Economic Development and Tourism Services, Mr. David Oakes Deputy Fire Chief, Fire and Emergency Management Services, Mr. Daryl Whiteley Committee Secretary, Ms. Deanna Haine Mayor Brian McMullan took the chair and called the meeting to order in Council Chambers, City Hall, at seven-o-five o'clock p.m. ITEM NO. 355 Report from the Planning Services Department Dated: July 22, 2010 Re: Application for an Amendment to Zoning By-law 62-86 (Zone 7) to Expand the List of Permitted Residential Uses and Allow the Construction of Seven (7) Street Townhouse Units ­ 10 and 16 Woodburn Avenue; Applicant: Stanvard Development Services Limited File(s): 60.35.961 Background On Jul y 12, 20 10, Council held the statutory public meeting prior to considering the proposed zoning by-law amendment to permit construction of seven (7) street townhouse units at 10 and 16 Woodburn Avenue. -2- General July 26, 20 I 0 Concerns were raised at the July 12th public meeting regarding notice relating to the information open house. Council adjourned the public meeting and directed staff to conduct an additional public information meeting for the discussion of items of concern. Other issues that were raised at the public meeting were the increase in traffic due to more dwellings in the area, too many units in the community and roads are on steep inclines leading in and out ofthe area. Public Notice Public notice dated April 30, 20 I 0, for the open house held on May 25, 2010, was sent to all property owners li sted on the last revised assessment roll within 120 metres of the subject land. th A public notice sign for the open house was posted on the subject property April 30 . The notice for the July 12,2010, public meeting, mailed June 11 ,2010, was also sent to all property owners within 120 metres of the subject land. A sign advertising the public meeting was picked up and had to be posted on the property by June 11,2010. Notices for both the Open House and the PubLic Meeting were also posted on the City's website. A second information meeting was held July 19,2010. Notices of the meeting were hand delivered to every dwelling within 120 metres of the subject land between July 13 th and July 14th Open House Meeting As noted above a second open house meeting was held July 19th In attendance at the meeting were two members of the public and two representatives of the applicant. Issues/concerns raised were: • Damage to neighbouring housing during the demolition of the industrial buildings • Noise during construction period • Increase traffic due to more residents in the area • Concern that an existing tree on Herrick A venue will be removed for construction of the sidewalk Considerations No demolition permits have been issued for the existing buildings at 10 and 16 Woodburn Avenue. Best practices would be for the builder/developer to do an inventory of the neighbouring dwellings prior to demolition of the existing buildings and construction of the residential development. The developer did the pre-construction inspection survey prior to the initiation of the works for the Heritage Point Subdivision. The developer has indicated that another set of surveys will be completed prior to the initiation of the demolition of the existing buildings. Demolition of the industrial buildings east of the subject lands was carried out in 2006 and 2007. The City does not have any records of complaints due to that work. The existing noise by-law limits noise from construction to daytime hours i.e. between 7:00 a.m. to I I :00 p.m. Noise from construction outside of these daytime hours can be dealt with through a noise complaint. No noise complaints have been received during construction orthe other townhouses by Starward Homes south of the subj ect lands. Concerns regarding increased traffic and number of dwelling units in the community were raised at the both the public meeting on July l2'h and the open house meeting July 19. Under the current Second Density Residential Infill (R2C) zoning six (6) single detached dwelling units or four (4) semi-detached dwellings (8 units) could be constructed. The proposal changes the type of dwelling that could be constructed. It does not increase the density or potential traffic from what is currently permitted by the zoning. A sidewalk link that will fill in the missing link on Herrick Avenue between Clayburn Avenue and Woodburn Avenue will be constructed as part of this development. The design and location of sidewalk wi ll take into account all significant existing trees and every effort wi ll be made to retain existing trees. -3- General July 26, 20 I 0 The grade of the existing roads was noted as an issue. The existing grades of Clayburn, is 3%; Woodburn varies from 4% to 5% and Wills is a little over 5%. These streets are steeper than Herrick Avenue. All of the streets are within the maximum grade of 8% allowed as per the City's subdivision design guidelines. There have been no reports of problems from the winter control operati ons. No changes to the grades of the streets are proposed to accommodate this development. No changes in the staff recommendation are proposed as a result of the additional open house meeting. The recommendation is reproduced in this report. Staff Recommendation That approval be granted for the amendment to Zoning By-law 62-86 (Zone 7), as amended, for lands described as Lots 3110 and 3111 and Part of Part of Lots 3112 and 3121, Corporation Plan No.2, known municipally as 10 and 16 Woodburn Avenue as foll ows: 1. The lands shown on Appendix" A ", shall be rezoned from Second Density Residential Infill (R2C) to Mixed Density Residential - Holding (R5-H) subject to the fo llowing special provisions: (i) Single Detached Dwellings, Semi-Detached Dwellings, Duplex Dwellings a) Minimum Flanking Yard 6 metres to an attached garage (where the garage door faces the flanking yard); 3 metres to the main wall of the dwelling, porch verandah. No encroachments are permitted into the minimum flanking yard. (ii) Single Detached Dwelling a) Minimum Side Yard 1 metre (iii) Street Townhouse Dwellings a) Minimum Lot Frontage 7.0 metres b) Maximum Lot Coverage 55 % c) Minimum Front Yard 6 metres to an attached garage, 4 metres to the main wall ofthe dwelling, porch or verandah. No encroachments are permitted into the minimum flanking yard . d) Minimum Flanking Yard 6 metres to an attached garage (where the garage door faces the flanking yard); 3 metres to the main wall of the dwelling, porch or verandah. No encroachments are permitted into the minimum fl anking yard. e) Minimum Side Yard 1.2 metres f) Parking Requirements 2 spaces per unit including one space to be provided in an attached garage. Tandem parking is permitted. For the purpose of thi s By-law tandem parki ng shall mean a parking space located immediately behind another space where both spaces are for the exclusive use of one dwelling unit. g) End Wall Elevations No blank walls are permitted. h) Minimum Rear Yard 6 metres -4- General Jul y 26, 20 10 2. The Holding (H) designation shall be removed by Council, without further public hearing once: i) Record of Site Condition or other acceptable documentation is submitted and approved by the Ministry of Environment and the Municipality. ii) Confirmation is received from the Region that an undertaking has been submitted to the Region by the owner agreeing to provide a warning clause in all agreements of purchase and sale or lease advising of potential noise impacts from the Trillium Rai lway spur line. iii) A road widening dedication of approximately 2.425 metres along Herrick Avenue frontage is deeded gratuitously to the City free and clear of any mortgages, liens or encumbrances. iv) The Director of Pl anning Services is sati sfied that the plans to be approved for a building permit meet the Urban Design poli cies of the Official Plan and are generally in conformity with the elevations attached as Appendix "B". and that the proposed townhouse development be exempt fro m site plan control; and that the Notice of Decision required by The Planning Act, R.S.O., c. P. \3, as amended, be processed by the City Clerk; and that upon expiration of the appeal peri od, the City Clerk be directed to forward an application to the Ontario Municipal Board for approval of the proposed zoning by-law if any appeals are received; and further, that Amanda Ma, Starward Development Services Limited, 2000 Garth Street, Suite 20 I, Hamilton, Ontario L9B OC I be so advised. RECOMMENDATION: That the report from the Planning Services dated July 22, 2010, concerning the proposal to amend Zoning By-law 62-86 (Zone 7) for lands municipally known as \0 and 16 Woodburn Avenue be referred to City Council for consideration after the continuation of the public meeting.