planning and development department division name … · subject lands for a car dealership (i.e....

PLANNING AND DEVELOPMENTDEPARTMENT

DIVISION NAME

CITY OF HAMILTON

- RECOMMENDATION -

DATE: May 14, 2001File No.: ZAC-01-13 Author: J. Lakatos (Ext. 4168)

REPORT TO: Chairman and MembersHearings Sub-Committee

FROM: Lee Ann CoveyduckGeneral ManagerPlanning and Development Department

SUBJECT: Further Modification to the "G"-'H' (Neighbourhood Shopping Centre, etc.Holding) District Modified, for Property Located at 1451-1471 UpperJames Street [former City of Hamilton] (PD01105)

RECOMMENDATION:

That approval be given to Zoning Application ZAC-01-13, Roczamb Holding Ltd.BMW (c/o Daryl Budd), prospective owner, for a further modification to theestablished “G” - 'H' (Neighbourhood Shopping Centre, etc. - Holding) District for landslocated east of Upper James Street, north of Regina Drive and known municipally as1451 – 1471 Upper James Street (Hamilton), as shown on the attached map marked asAppendix “A”, on the following basis:

(a) That the “G” (Neighbourhood Shopping Centre, etc.) District regulations, as set outunder Section 13 of Zoning By-law No. 6593, as amended by By-law No. 95-182,applicable to the subject lands, be further modified to include the followingvariances as special provisions:

(i) That Section 3. of By-law No. 95-182 be amended to add the followingpermitted uses:

"(4) Automobile sales and leasing establishment;

(5) An automobile body/fender repair shop and paint shop provided thatit is accessory to and located within the same building as anautomobile sales and leasing establishment;

Further Modification to the "G"-'H' (Neighbourhood Shopping Centre, etc. Holding) District Modified, for PropertyLocated at 1451-1471 Upper James Street[former City of Hamilton] (PD01105)

(6) A private manual car wash provided that it is accessory to andlocated within the same building as an automobile sales and leasingestablishment;"

(ii) That notwithstanding Section 13.(1)(xv) of Zoning By-law No. 6593, abusiness identification roof sign, having a vertical dimension of not morethan 6.0m, shall be permitted only in conjunction with an automobile salesand leasing establishment;

(iii) That notwithstanding Section 13.(9) (ii) of Zoning By-law No. 6593 andSection 3. (g) of Zoning By-law 95-182, a minimum 3.0m landscape area,shall be provided and maintained along the entire westerly lot line only inconjunction with an automobile sales and leasing establishment;

(iv) That notwithstanding Section 3. (i) of Zoning By-law 95-182, a planting stripnot less than 9.0m in width and a visual barrier between 1.8m and 2.0m inheight shall be provided and maintained along the entire easterly lot lineonly in conjunction with an automobile sales and leasing establishment;

(v) That notwithstanding Subsection 13.(3) of Zoning By- law No. 6593, adecorative wall structure shall be provided and maintained at the south-westcorner of the property on the following basis:

(1) Said structure shall be parallel to the full length of the daylighttriangle and extend a minimum of 15.0m from each end thereofalong the southerly and westerly lot lines;

(2) Said structure shall be located within the landscaped planting strip;

(3) The height of said structure parallel to the daylight triangle shall benot less than 1.2m and not more than 2.0m;

(4) The height of said structure appurtenant to the southerly andwesterly lot lines shall be not less than 1.0m, except for the last5.0m which shall be not less than 0.6m; and,

(b) That the General Manager, Planning and Development Department, be authorizedand directed to prepare a By-law for the subject lands to amend Zoning By-law No.6593, By-law 95-182 and Zoning District Map E-9D for presentation to CityCouncil; and,


(c) That the amending By-law be added to Section 19B of Zoning By-law No. 6593 asSchedule S – 1342a, and that the subject lands on Zoning District Map E-9D benotated as S – 1342a;

(d) That the proposed change in zoning is in conformity with the Official Plan for theHamilton Planning Area.

EXPLANATORY NOTE:

The purpose of the proposed By-law is for a further modification to the established “G” -'H' (Neighbourhood Shopping Centre, etc.- Holding) District zoning for lands located eastof Upper James Street, south of Regina Drive and known municipally as 1451 – 1471Upper James Street, as shown on the attached map marked as Appendix “A”.

The effect of the By-law is to permit the use of the subject lands for a car dealership (i.e.automobile sales and leasing establishments), an autobody repair and paint shop and aprivate car wash as accessory uses. In addition, the By-law provides for the followingspecial provisions:

• Permits a business identification roof sign, having a vertical dimension of notmore than 6.0m, only in conjunction with an automobile sales and leasingestablishment;

• Requires that a landscaped area having a minimum width of 3.0m shall beprovided and maintained along the entire westerly lot line in conjunction with anautomobile sales and leasing establishment;

• Requires that a minimum 9.0m wide planting strip and a 1.8m minimum to 2.0mhigh visual barrier shall be provided and maintained along the entire easterly lotline in conjunction with an automobile sales and leasing establishment;

• Requires that a decorative wall structure be provided and maintained at the south-west corner of the property. The height of the wall along Upper James Street andRegina Drive will be a minimum of 0.6m and a maximum of 1.0m. The height ofthe wall along the daylight triangle will be between 1.2m and 2.0m.

_______________________________

Lee Ann CoveyduckGeneral ManagerPlanning and Development Department


CORPORATE IMPLICATIONS:

As required by the Planning Act, Council shall hold at least one public meeting to consideran application for a Zoning By-law amendment.

BACKGROUND:

Proposal

The applicant has submitted an application for a further modification to the established“G”-'H' (Neighbourhood Shopping Centre, etc.- Holding) District to permit the use of thesubject lands for a car dealership (i.e. automobile sales and leasing establishment),including an automobile body/fender repair shop and paint shop and private manual carwash within the same building.

Zoning Application ZAC-90-13

The Planning and Development Committee, and City Council at their meetings ofSeptember 19, 1990, and September 25, 1990, respectively, approved Zoning Application90-13, to permit future development of the lands, known as 1451, 1459, 1465, and 1469Upper James Street, as a neighbourhood shopping centre in conjunction with theadjoining lands to the south, and single-family dwellings to the east.


The Planning and Development Committee, and City Council at their meetings of July 5,1995, and July 11, 1995, respectively, approved Zoning Application 95-10, to permitfuture development of the lands, known as 1451-1471 Upper James Street, for a retailcommercial plaza on the east side of Upper James Street at the mid Block collector (i.e.Regina Drive).

Among other conditions, approval was granted and the lands placed in a holdingprovision which prohibits the development of the subject lands until:

"b) the applicant/owner has applied for and received approval of a Site Plan Controlapplication from the City of Hamilton for Blocks "1" & "2" (now known as Block "23"on "revised" draft plan for James Mount Gardens Subdivision, 25T-91007)."


By-law 95-182 was passed by City Council on September 26, 1995, and subsequentlyappealed to the Ontario Municipal Board (O.M.B.) The O.M.B. dismissed the appeal,thus By-law 95-182 came into effect on July 4, 1996.


The Planning and Development Committee, and City Council, at their meetings ofFebruary 4, 1998, and February 10, 1998, respectively, approved Zoning Application 97-24 to permit a rezoning for lands located at the rear of 1451-1471 Upper James Streetand south east of DiCenzo Drive. The purpose of the application is to permit the futuredevelopment of the lands for Two Family Dwellings and Street Townhouses. At that timethe applicant submitted a "revised" draft plan for James Mount Gardens Subdivision, 25T-91007, to the Region for approval, which shows an altered road pattern and lots.

Site Plan Control Application DA-97-30 - 1441 to 1477 Upper James Street for landsfronting Upper James Street north of mid-block collector

Site Plan Control Application DA-97-30 was approved on July 6, 1998, for commercialretail development of the subject lands (now known as Block "23" on "revised" draft planfor James Mount Gardens Subdivision, 25T-91007). An extension to this approval wasgranted on July 4, 2000. However, the time frame for the extension lapsed on January 6,2001. Therefore, upon approval and fianlization of this zoning amendment, a new SitePlan Control Application must be submitted for approval.

Land Severance Application A-00-36

On June 28, 2000, the Land Division Committee approved a severance so as to permit theconveyance of the subject land for commercial purposes. The conditions associated withthe severance are yet to be finalized.

APPLICANT:

Roczamb Holding Limited, prospective owner (c/o Daryl Budd).

AGENT:

Planning and Engineering Initiatives Ltd.


LOT SIZE AND AREA:

The subject lands are irregular in shape, having:

• 103.0m of lot frontage along Upper James Street;• an average depth of 136.0m; and,• a lot area of 1.55 ha.

LAND USE AND ZONING:

Existing Land Use Existing Zoning

Subject Lands Vacant "G" - 'H' (NeighbourhoodShopping Centre, etc. -Holding) District, modified

Surrounding Land Use

To the north Commercial Development "HH" (NeighbourhoodShopping Centre, etc.)District, modified

To the south Auto Dealership currentlyunder construction

"G" (NeighbourhoodShopping Centre, etc.)District, modified

To the east Vacant "RT-30" -'H' (StreetTownhouse- Holding) District

To the west Residential andCommercial Development

"C" (Urban ProtectedResidential, etc.) District and"G-1" (Designed ShoppingCentre) District


OFFICIAL PLAN :

The subject lands are designated “Commercial” on Schedule “A” of the Official Plan andare within “Special Policy Area 31c” on Schedule “B” of the Official Plan. The followingpolicies, among others, would apply:

"2.2.1 The primary uses permitted in the areas exceeding 0.4 hectare designated onSchedule "A" as COMMERCIAL will be for Commerce. In this regard, Commerceis defined as establishments involved in the buying and selling of goods andservices; business offices; and hotels, convention and entertainment facilities.

2.2.2 Council recognizes that the COMMERCIAL structure of the City operates within ahierarchy of categories ranging from the Central Policy Area (which, as defined bythe Regional Official Plan, is intended to function as the "Regional Centre"), toLocal Commercial Uses of a convenience type. Except for the Central Policy Areaand Sub-Regional Centres, the hierarchy is not designated on Schedule "A" to thisPlan. The location and distribution of such categories will be identified throughNeighbourhood Plans as set out in Subsection D.2.

2.2.3 Further, it is intended that the policies for the various categories in theCOMMERCIAL hierarchy will provide guidance to Council when consideringamendments to this Plan or to the Zoning By-law."

Other Commercial Uses

"2.2.30 AUTOMOBILE SERVICE CENTRES will include land or buildings used forthe purposes of selling motor vehicle fuels; carrying out automotive repairsand/or providing car washes. The preferred location for AUTOMOBILESERVICE CENTRES will be adjacent to the intersection of major roads.

2.2.31 In considering proposals for new AUTOMOBILE SERVICE CENTRES,Council will require that the following provisions are complied with in allrespects:

(i) Where AUTOMOBILE SERVICE CENTRES are located in aShopping Centre, the structure(s) will be physically separated fromthe major activity areas and buildings of the Shopping Centre and bein close proximity to the major roads providing access; and,


(ii) AUTOMOBILE SERVICE CENTRES will only be permitted wherethe movement of traffic and/or pedestrians in the vicinity of the sitewill not be endangered or congestion increased by virtue of theirlocation and operation.

2.2.32 Council will endeavour to minimize the impacts of AUTOMOBILE SERVICESTATIONS on adjacent land uses through measures such as, but notlimited to, the following:

(i) The establishment of building separation distance and yardrequirements;

(ii) The requirement of fencing and/or landscaped buffer strips to effectivelyscreen the operation;

(iii) Paved surface requirements for all non-landscaped areas;

(iv) The restriction of outside storage, other than automobiles;

(v) The establishment of separation distance requirements fromResidential or other land uses for all ingress or egress ramps; and,

(vi) The requirement that all lighting and illuminated signs be designed tobe deflected or shielded from adjacent Residential Uses.

2.2.36 The size of advertising, identification or other promotional signs and deviceswill be regulated by appropriate By-laws in order to avoid conflicts witheffective traffic control and the general amenity of the area."

The proposal is also located within Special Policy Area 31c on Schedule B – SpecialPolicy Areas of the Official Plan. Accordingly, the following policies of Subsection A.2.9.3.- Other Policy Areas should also be noted:

"2.9.3.26 In keeping with the provisions of Subsection 2.2 - Commercial Uses, forthose lands shown on Schedule "B" as SPECIAL POLICY AREA 31, (whichincludes 31a, 31b and 31c), and designated "Commercial" on Schedule "A"the following will apply:


(i) The Upper James Street frontage is recognized as a highway-oriented Commercial area which will include a diversity of retail andservice uses catering not only to the travelling public, but to the dailyneeds of the adjacent neighbourhoods.

(ii) In keeping with Clause i) above, three sub-areas are identified toprovide the following uses within the SPECIAL POLICY AREA:

(c) In AREAS "31c", neighbourhood-based retail and serviceuses catering to the adjacent Residential areas will bepermitted. However, in the case of the Area identified as"31c", located mid-block between Stone Church Road andRymal Road, in the vicinity of a mid-block collector (as may bedetermined through the Neighbourhood Plan), retailwarehouse uses will also be permitted in addition toneighbourhood-based retail and service uses. Developmentof these Areas may take place east-west along the collector(as opposed to the Upper James Street frontage).

(iii) In accordance with Subsection D.2., the preparation ofNeighbourhood Plans in this AREA will consider the following:

(a) the location of a mid-block Collector Road between StoneChurch Road and Rymal Road;

(b) the extent of Commercial, mixed Commercial/Residentialuses, retail/warehouse uses and neighbourhood-based retailand service uses;

(c) lot depth, lot frontages and building setbacks to effectivelyaccommodate the appropriate on-site parking, circulation andingress and egress;

(d) the location of access points between adjacent uses and tothe road;

(e) utilizing shared access and/or parking facilities with adjacentdevelopments; and,


(f) utilizing service roads, cul-de-sacs or other appropriatemeans to reduce the number of individual access points.

iv) Design guidelines will be prepared in conjunction with theNeighbourhood Plan to detail such matters as, but not limited to:

(a) minimizing potential conflicts between the Commercial usesfronting on Upper James Street, and the Residential useswithin the Neighbourhood, by establishing an appropriatebuffer or transitional area which may include landscaping,berming and/or fencing;

(b) providing guidelines to enhance the visual amenity of theUpper James Street frontage; and,

(c) ensuring in AREAS 31c compatibility with adjacentResidential uses, pedestrian access to and from the abuttingNeighbourhoods and, continuous pedestrian linkage betweencommercial developments.

(v) To ensure a co-ordinated approach in the development of SPECIALPOLICY AREAS 31, 31a, 31b and 31c, and to enhance UpperJames Street as a viable Commercial area, proponents ofdevelopment or redevelopment will be encouraged to co-operatewith adjacent property owners regarding such matters as, access,parking, architectural quality and design, and landscaping.

The amended proposal would not conflict with the intent of the Official Plan.

NEIGHBOURHOOD PLAN :

Ryckmans Approved Neighbourhood Plan:

The subject lands are designated “Neighbourhood Commercial” on the approvedRyckmans Neighbourhood Plan. It is noted that the “Urban Design Guidelines for theUpper James Street Corridor” form part of the approved Neighbourhood Plan.

Urban Design Guidelines – Upper James Street:

According to these guidelines the lands are designated to be a mid-block node/village(see Appendix "C") for which the following policies area applicable:


"The permitted uses will include neighbourhood-based retail and serve uses to serve theadjacent residential areas, possibly in combination with retail/warehouse or residentialuses.

This area will be developed in the form of several small plazas, one located on eachcorner of the intersection. The plaza will be roughly U-shaped, with wide sidewalks to thefront and parking to the rear.

The area will be designated primarily for the use of pedestrian traffic, rather than throughautomobile traffic. It will provide local neighbourhood-based shopping and other servicesfor nearby residents. It will also act as a gateway to the neighbourhood, by means of thecollector road. A small town atmosphere will be encouraged in the form of several smallplazas, one located at each corner of the mid-block collector. It is intended that uniquedesign features will serve as landmarks, such as gateways, archways or decorative wallsat the entrance of the neighbourhood.

In keeping with the possible “Retail/Warehouse” uses permitted, a landscaped strip atleast 3.05 m (10 feet) wide is to be located adjacent to the Upper James Street roadallowance and the mid-block collector. Furthermore, an additional 9.1m (30 foot)landscaped area be provided and maintained along the rear lot line where the subjectlands abuts future street townhouses along proposed extension of DiCenzo Drive. Thisadditional buffering in the form of berms, walls or wider landscape strips will buffersensitive adjacent lands such as residential properties.

COMMENTS RECEIVED:

• The following Departments and Agencies have no comments or objections:

- Conservation Authority;- Union Gas;- Bell; and,- Transportation, Operations and Environment Department ( Roads and Traffic).

• Development Engineering Section, Planning and Development Department hasadvised of the following:

"With respect to your letter dated March 27, 2001, for your information weprovided the following comments to the Committee of Adjustment for ApplicationB-00:39 which was approved by the Committee of Adjustment on June 28, 2000.


There are public watermains and sanitary sewers available on Upper JamesStreet to service the severed lands. The storm drainage from the rear portion ofthe severed lands is required to drain via a private easement to the proposedsewers on the future extension of DiCenzo Drive.

As the Committee may be aware, the lands to be retained and severed are alsoincluded in James Mount Gardens draft plan of subdivision. Therefore, allapplicable conditions of draft plan approval should be included in the review of thisapplication, if approved.

The following draft plan of subdivision conditions are related to the proposed landsto be severed must be satisfied under this severance application. The owner willbe required to enter into a Service Agreement with the Region of Hamilton-Wentworth and a Modified Subdivision Agreement with the City of Hamilton in orderto fulfil these requirements. In addition, as a condition of severance approval theowner is required to pay all outstanding servicing cost on Upper James Street tothe City of Hamilton and the Region of Hamilton-Wentworth and construct themunicipal sidewalk on Upper James Street along the entire frontage of theproposed severed lands. The numbering of the draft plan conditions below reflectthe actual draft plan condition numbers:

City of Hamilton

(2) That the owner establish the following streets to their full width and thatthese lands be conveyed to the City of Hamilton prior to registration of thefinal plan of subdivision to the satisfaction of the Manager, DevelopmentEngineering Section, Regional Environment Department:

(a) Regina Drive from Upper James Street to the extension of DiCenzoDrive; and,

(b) DiCenzo Drive be established and constructed northerly from ReginaDrive to connect to the existing DiCenzo Drive; and,

(3) That the applicant/owner purchase lands shown as Parts 1 and 4 onReference Plan 62R-12942 from the City of Hamilton and fulfil all theconditions of Offer to Purchase, as stated in Item 27 of the 5 th Reportof the Transport and Environment Committee, approved by City ofHamilton Council on April 11, 1995, prior to registration of the firstphase of development; and,


(4) That Parts 1 and 4 on Reference Plan 62R-12942 be developed onlyin conjunction with lands at Nos. 1451 and 1471 Upper JamesStreet, and that Parts 1 and 4 Reference Plan 62R-12942 beincluded in the final plan of subdivision for “James Mount Gardens”;and,

(5) That the applicant/owner pay to the City of Hamilton and/or RegionalMunicipality of Hamilton-Wentworth one-half of the costs for theconstruction of Regina Drive adjacent to Parts 1 and 4 onReference Plan 62R-12942 excluding oversizing costs; and,

(6) That the extension of DiCenzo Drive align centreline to centrelinewith DiCenzo Drive as established by Plan 62M-689 at the north endand Parts 2 and 4 on Reference Plan 62R-12821 at the south end ofthe draft plan; and,

(7) That the construction of Regina Drive from Upper James Street toDiCenzo Drive, to its full width, must be included in the first phase ofdevelopment of this draft plan and the construction of DiCenzoDrive, from Regina Drive to the existing DiCenzo Drive at the northlimits of the draft plan, must be included with the first phase ofdevelopment which includes any residential development; and,

(8) That the Owner agree, in writing, to satisfy all requirements, financialand otherwise, of the City of Hamilton prior to development of anyportion of the subject lands; and,

(9) 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 for parkpurposes; and,

(15) That such easements as may be required for utility or drainagepurposes be granted to the appropriate authority; and,

(17) That the applicant prepare and implement an erosion and sedimentcontrol plan for the subject property to the satisfaction of theHamilton Region Conservation Authority and the City of Hamilton.The approved plan will include the following:


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

(b) All erosion and sediment control measures shall be inspectedafter each significant rainfall and maintained to thesatisfaction of the Authority Engineer; and,

(c) Any disturbed area not scheduled for further constructionwithin forty-five (45) days shall be provided with a suitabletemporary mulch and seed cover within seven (7) days of thecompletion of hat particular phase of construction; and,

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

(18) That the applicant prepare and implement a storm water management planfor the subject property to the satisfaction of the Hamilton RegionConservation Authority and the City of Hamilton. This plan shall addresswater quality and quantity issues in accordance with current provincialguidelines; and,

(24) That the owner shall carry out an archaeological assessment of the entiredevelopment property and mitigate, through preservation or resourceremoval and documentation, adverse impacts to any significantarchaeological resources found.

No demolition, grading or other soil disturbances shall take place on thesubject property prior to the City of Hamilton and the Ministry of Citizenship,Culture and Recreation confirming that all archaeological resourcesconcerned have met licensing and resource conservation requirements;and,

Development Planning Section, Planning and Development Department

(26) That the applicant/owner pay to the City of Hamilton and/or RegionalMunicipality of Hamilton-Wentworth one-half of the costs for theconstruction of Regina Drive adjacent to Parts 1 and 4 on Reference Plan62R-12942 excluding oversizing costs; and,


(27) That sufficient lands be dedicated to the Region for road wideningpurposes to establish the property line 18.29m from the centreline of theoriginal Upper James Street road allowance. According to our record, theroad widening required on Upper James Street are shown as Part 1 onReference Plan 62R-12127 and Part 1 on Reference Plan 62R-13141;and,

(28) That the Owner agree, in writing, to satisfy all requirements, financial andotherwise, of the Region of Hamilton-Wentworth prior to development ofany portion of the subject lands; and,

Canada Post

(31) That the owner agrees to provide Canada Post facilities, as required byCanada Post Corporation, and to locate these facilities to the satisfactionof the City of Hamilton and Canada Post. The facilities are to be installedas part of the installation of Public Works.

Should this application be approved, we recommend that it be subject tothe following conditions:

1. The designated road allowance width of this section of Upper JamesStreet is 36.58m. In accordance with this designation, we require that Part1 on Reference Plan 62R-12127 and Part 1 on Reference Plan 62R-13141 be dedicated to the Region for road widening purposes.

2. That Regina Drive from Upper James Street to DiCenzo Drive beconstructed to its full width.

3. That DiCenzo Drive, within the lands to be retained, be dedicated to theCity of Hamilton.

4. That the municipal services on future DiCenzo Drive, required to servicelands to be severed and the full extension of Regina Drive, be constructedand installed to the satisfaction of the City of Hamilton and the Region ofHamilton-Wentworth.

5. That lands shown as Parts 1 and 4 on Reference Plan 62R-12942 bemerged in title to lands to be severed and lands to be retainedrespectively.


6. That the applicant/owner pay to the City of Hamilton and/or the Region ofHamilton-Wentworth one-half of the costs for the construction of ReginaDrive adjacent to Parts 1 and 4 on Reference Plan 62R-12942 excludingoversizing costs.

7. That the construction of Regina Drive from Upper James Street beincluded in the first phase of any development of lands to be retained orsevered.

8. That the construction of DiCenzo Drive from Regina Drive to existingDiCenzo Drive, at the north limits of lands to be retained, be included inthe first phase of any development of lands to be retained.

9. That the applicant/owner enter into a Modified Subdivision Agreement withthe City of Hamilton and a Service Agreement with the Region for theconstruction of Regina Drive and required services, cost recovery for allmunicipal services to construct Regina Drive as required, costs toconstruct municipal services on DiCenzo Drive, road widening and streetdedications, outstanding costs on Upper James Street for sidewalks,services, development phasing, etc. These agreements must be to thesatisfaction of the City of Hamilton and the Region of Hamilton-Wentworth.

10. That the owner pay all outstanding servicing cost on Upper James Streetto the City of Hamilton and the Region of Hamilton-Wentworth.

11. That the owner pay for and construct the required municipal sidewalk onUpper James Street adjacent to the severed lands.”

• The Building and Licensing Division, Planning and Development Department hasadvised of the following:

"1. The proposed public garage for automobile sales/leasing with autobody, fender repair and car washing is not permitted.

The following yards are required:

Front: 6.0mNortherly Side: 0.0mSoutherly Side: 6.0mRear: 6.0m


No dimensions indicated on site plan.

2. The size of the BMW ground sign conforms to Section 2.3.(d) of By-law95-182, however, must be at least 4.5m from the Upper James streetline. No dimension indicated. Only one (1) business identification is permitted.

Therefore, the roof sign, wall signs and the other ground signs (GS facilityEntrance Directory) are not permitted.

3. The five (5) directional signs can not have business identification anddirectional signs shall conform to Section 2.3.(e) of By-law 95-182.

Note: Further to the above-mentioned comments the Building andLicensing Division has verbally advise that wall signs are permittedas per the "G" District regulations and the directional signs and theGS Facility Entrance Directory Sign are permitted provided theBMW logo is not incorporated (The agent for the applicant hasadvised that the logo will not appear on the directional signs, nor onthe entrance directory).

4. A 6.0m wide landscaped area is required along the Upper Jamesstreetline, except for the area used for access driveway. No informationon site plan.

5. A 3.0m wide planting strip (as defined) along the southerly side yard,except for areas used for access driveways.

6. A 3.0m wide planting strip and a minimum 1.8m, maximum 2.0m highvisual barrier is required along the easterly rear lot line.

7. The H-Holding symbol shall be removed by an amending by-law.

8. The designer shall ensure that the fire access route conforms to theOntario Building Code."

COMMENTS:

1. The proposal complies with the general intent of the Official Plan and theapproved Ryckmans Neighbourhood Plan.


2. The proposal has merit and can be supported for the following reasons

(i) It implements the general intent of the approved Ryckmans NeighbourhoodPlan;

(ii) It would be compatible with existing and proposed development in the area(i.e., the proposed Sterling Honda Car Dealership immediately to the south).

(iii) The proposed car dealership is no less feasible than other commercial usespermitted on the subject lands under the site specific By-law 95-182, suchas a liquor dispensary, brewers retail store;

(iv) The proposed auto body and paint shops and private car wash are usesnormally ancillary to a car dealership; and,

(v) The proposal is in keeping with the intent of the Official Plan in that theintent of Special Policy Area 31c is to encourage, but not require,"neighbourhood commercial uses”. The designation allows larger scaled“retail/warehouse” commercial uses requiring large open storage areas,such as automobile sales.

3. The Building and Licensing Division has reviewed the application and preliminarysite plan submitted (see Appendix "B") with the application and has noted that thefollowing variances are required:

• To permit a business identification roof sign for the car dealership having amaximum vertical dimension of 6.0m, as proposed, whereas the “G”District provisions does not permit a roof sign.

Although, the proposed architectural is consider a roof sign, it can besupported since it is designed to be a landmark for the development, anintegral part of the building architecture, incorporates the corporate logoand will be illuminated by a steady source of light.

• Requires a landscaped area having a minimum width of 3.0 m to beprovided along the entire westerly lot line in conjunction with an automobilesales and leasing establishment, accessory automobile body/fender repairshop and paint shop and a private manual car wash, as proposed,whereas By-law 95-182 requires 6.0m.


The proposed landscaped area is in keeping current zoning standards forcommercial districts and the "Urban Design Guideline for the Upper JamesStreet Corridor" at the mid-block collector (i.e., proposed Regina Drive)which recommends landscaped areas along the road allowance.

4. It is recommended that the following be provided as special requirements for thedevelopment:

• Requires a minimum 9.0m wide landscaped area and a 1.8m minimum to2.0m maximum high visual barrier be provided and maintained along theentire easterly lot, as proposed, whereas By-law 95-182 requires 3.0m.

The landscaped area/buffer is in keeping intent of the Official Plan forbuffering between residential and commercial uses and has beenconsistently applied as a minimum zoning standard through site specific By-laws along Upper James Street south of Regina Drive. The 9.0m landscapearea is included in the approved Zoning (Zoning By-law No. 88-135) andSite Plan (DA-00-08) for the Sterling Honda development immediately tothe south of the subject lands at 1565 Upper James Street.

• Requires a decorative wall structure at the south-west corner of the propertybe provided as an entrance feature, as follows:

(a) The decorative wall shall be parallel to the full length of the daylighttriangle and extend a minimum of 15.0m from each end thereofalong the northerly and westerly lot lines;

(b) Located within the landscaped planting strip;

(c) The height of the wall parallel to the daylight triangle shall be not lessthan 1.2m and not more than 2.0m;

(d) The height of the wall along to the southerly and westerly lot linesshall be not less than 1.0m, except for the last 5.0m which shall benot less than 0.6m.

The proposed decorative wall structure is in keeping the "Urban DesignGuideline for the Upper James Street Corridor" which recommendsgateway features at the mid-block collector (i.e., proposed Regina Drive).The same feature is required for the Honda Dealership at the south-east


corner of Regina Drive and Upper James Street. The agent for theapplicant has advised that this feature will be provided.

5. The “G” District is subject to Site Plan Control By-law No. 79-275 as amended byBy-law No. 87-223. In this regard, matters such as the "Urban Design Guidelinesfor the Upper James Street Corridor", road widenings, parking, loading, access,grading, landscaping, fencing, etc. will be further reviewed at the site plan controlstage of development.

Furthermore, as per By-law No. 95-182, the subject lands are in a 'Holding'provision for Site Plan Approval. A review of the 'Holding' conditions, as it relatesto By-law 95-182, indicate that once the conditions of Severance Application B-00:39 have been satisfied all the City's concerns under the approval draft plan ofsubdivision "James Mount Gardens" for Block 23, the subject land (i.e., Blocks "1"and "2" of By-law 95-182) will be satisfied. Thus, the owner must apply to removethe holding provision by amendment to By-law 95-182.

It should be noted that the holding provision for Block "3" (townhouse block) willremain in effect. The owner will be required to enter into Service and ModifiedSubdivision Agreements in order to address the City requirement for thedevelopment of Block "3" of By-law 95-182. The Service Agreement will ensureall the underground services for the townhouse block are provided and theModified Agreement will secure the construction of the road surface known asDiCenzo Drive.

CONCLUSION:

Based on the foregoing, the application, as amended, can be supported.

:JLAttachs. (3)

Appnedix "A" to Report PD01105

Appendix "B" to Report PD01105

Appendix "C" to Report PD01105

planning and development department division name … · subject lands for a car dealership (i.e....

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