AFFECTS WARD 9

CITY OF HAMILTON

PLANNING AND DEVELOPMENT DEPARTMENT

Development Division Report to:

Mayor and Members Hearings Sub-Committee

Submitted by:

Lee Ann Coveyduck General Manager

Date: Files:

May 16, 2003 OPA-03-03 and ZAC-03-17

Prepared by: Diana Biuk 905-643-1262, ext. 325

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for

Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9)

RECOMMENDATION: (a) That approval be given to the application by Joe Iatomasi and Basilia Iatomasi,

owners, for Official Plan Amendment No. __, to permit a contractors depot, the repair and service of buses and trucks, accessory office space, and uses accessory thereto, as temporary uses on land located on Part of Lot 26, Concession 5, Green Mountain Road West, as shown on Appendix “A” to Report PD03127, on the following basis:

(i) That Subsection A.12.2, Special Policy Area “B”, be revised by adding the

following new policy:

“A.12.2.2 Notwithstanding the permitted uses in Policy A.12.2.1, for the subject lands located at Part of Lot 26, Concession 5, Green Mountain Road West, a contractors depot, the repair and service of buses and trucks, accessory office space, and uses accessory thereto are permitted as temporary uses, in accordance with the zoning by-law.”

(b) That approval be given to Zoning Application ZAC-03-17 Joe Iatomasi and

Basilia Iatomasi, owners, for a change to Zoning By-law No. 3692-92 from the Neighbourhood Development “ND” Zone to the site-specific Neighbourhood Development “ND-4(T)” Zone, for land located on Part of Lot 26, Concession 5, Green Mountain Road West, as shown on Appendix “A” to Report PD03127, on the following basis:

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 2 of 11

(i) That the subject land be rezoned from the Neighbourhood Development

“ND” Zone to the site-specific Neighbourhood Development “ND-4(T)” Zone;

(ii) That Section 7.1.5, “Special Exemptions”, of Zoning By-law No. 3692-92

(Stoney Creek), be amended by adding a new special provision, “ND-4(T)”, to include the following:

“ND-4(T) Part of Lot 26, Concession 5, Green Mountain Road

West, Schedule “A”, Map No. 11 Notwithstanding the uses permitted in Section 7.1.2 of the Neighbourhood Development “ND” Zone, on those lands zoned “ND-4(T)(H)” by this By-law, one building with a maximum gross floor area of 1,550 square metres may be erected for the temporary use of a contractors depot, the repair and service of buses and trucks, accessory office space and uses accessory thereto, in accordance with the regulations of Sections 9.1.4, 9.1.6 and 9.5.3 of this By-law. In addition to these regulations, parking of any vehicles shall not be permitted in the front yard. These temporary uses may be permitted for three years from date of the passing of this By-law.”

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

authorized and directed to prepare a By-law, in a form satisfactory to Corporate Counsel, to amend Zoning By-law No. 3692-92 for presentation to Council;

(iv) That the amending By-law be added to Schedule “A”, Map No. 11, of

Zoning By-law No. 3692-92; (v) That the proposed change in zoning conforms to the Hamilton-Wentworth

Official Plan and will conform to the City of Stoney Creek Official Plan upon approval of the Official Plan Amendment; and,

(vi) That the implementing By-law not be presented to Council for adoption

until such time as the Owner has satisfied the following conditions:

1. A signed Record of Site Condition is submitted to the City of Hamilton and the Ministry of the Environment. The Record of Site Condition must be to the satisfaction of the City of Hamilton, including an acknowledgement of receipt of the Record of Site Condition by the Ministry of the Environment; and,

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 3 of 11

2. Testing has been conducted for methane gas and leachate on the

subject lands to the satisfaction of the City of Hamilton, Director of Development.

Lee Ann Coveyduck General Manager Planning and Development Department EXECUTIVE SUMMARY: Mr. Joe Iatomasi has submitted applications to amend the Stoney Creek Official Plan and Zoning By-law to permit the temporary use of a contractors depot, a transport terminal, an accessory office space and outdoor storage on the subject property located on Green Mountain Road, as shown on Appendix “A”. Following negotiations with staff, the applicant has agreed to the following: replace the use “transport terminal” with “the repair and service of buses and trucks”; add “accessory uses thereto” to include outdoor storage and parking for trucks, buses and construction vehicles; restrict the size of the proposed building; apply the General Industrial “MG” Zone regulations to the subject property; and, prohibit the parking of vehicles in the front yard. Staff is of the opinion that these changes are necessary to ensure that the proposed uses are appropriately regulated and remain temporary on the subject property. Based on information provided by the applicant and confirmed by the Building and Licensing Division, staff feels that the proposed building can be considered temporary as it will be readily assembled and disassembled, constructed at a low cost, and nearly all of the building materials will be recycled for reconstruction of a similar type of building. Given that permanent development and long term planning of the subject property has been, and will continue to be for the foreseeable future, constrained by environmental and land use issues related to the closed and open landfill sites to the south, staff supports the applications to establish temporary industrial uses as proposed by the applicant. Staff concludes that the proposal is compatible with the surrounding land uses and will not create any adverse impacts on the adjacent lands.

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 4 of 11

BACKGROUND: History In the late 1990s, the former City of Stoney Creek engaged in a public process to create a secondary plan for the area known as Special Policy Area “B” in the Stoney Creek Official Plan and a Neighbourhood Plan for the Nash Neighbourhood, both of which cover nearly the same area. The subject property falls within the boundaries of this study area. Plans presented at a Public Open House in 1998 proposed that the subject land develop as commercial and medium density residential, and the majority of the land to the north, west and east develop as low density residential. In I999, Council adopted a resolution that approval of the Secondary Plan and Neighbourhood Plan be deferred until a final decision was made by Regional Council on the location of a new Leachate Treatment Facility on the Taro Lands, and after a final report was issued by the Ministry of the Environment of the investigation into potential hazardous waste at the Taro East Quarry/Landfill. At that time planning staff felt it was not appropriate to proceed with the approvals of the Secondary Plan and Neighbourhood Plan until both of these matters were resolved. To date, these outstanding matters have not been addressed, and it has consistently been staff’s position that the Nash Secondary and Neighbourhood plans should not be forwarded to Council for consideration until such time as the landfill operation in the Taro East Quarry has ceased and has been capped. Proposal Mr. Joe Iatomasi has submitted applications to amend the Stoney Creek Official Plan and Zoning By-law in order to permit a contractors depot, transportation terminal, accessory office and outdoor storage as temporary uses on the subject property. Mr. Iatomasi proposes to construct a 1,550 square metre (16,680 sq.ft.) metal clad, pre-engineered, slab-on-grade building for these uses. The proposed building is a type of structure that is readily assembled, disassembled, relocated and reconstructed. It is typical that buildings of this nature be bought and sold and moved from one location to another. Nearly all of the building materials are reused for reconstruction, and the only “throw away” costs of the structure are the concrete floor and footings. Illustrations showing sample structures on which the proposed building may be modeled, the proposed floor plan, and Mr. Iatomasi’s written submission to the City are attached as Appendices “B”, “C” and “D” to this report. The applicant intends to relocate his existing contracting business to this location as his current property is insufficient in area to meet the company’s outdoor storage needs.

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 5 of 11

The applicant also plans to lease a portion of the proposed building to a school bus company for the repair and service of buses and the storage of buses in an outdoor compound. The present location of the school bus company is also inadequate for the amount of bus parking that it requires. A cistern is proposed for water service to the property and a septic system is proposed for sewage waste, subject to approval by the Building and Licensing Division. Location: Part of Lot 26, Concession 5, on the north side of Green Mountain Road

West, between First Road West and Upper Centennial Parkway (See Appendix “A” Location Map)

Applicant: Joe Iatomasi Lot Size: Area: 1.44 hectares Frontage: 216.5 metres Depth: varies between 55.5 square metres and 114.17 square metres Existing Land Use and Zoning: Existing Land Use Existing Zoning Subject Land:

Vacant Neighbourhood Development “ND”

Surrounding Lands: North Vacant/agricultural land Neighbourhood Development “ND” South Taro Landfill Neighbourhood Development “ND” West Private laneway and single

detached dwelling Neighbourhood Development “ND” and Single Residential “R1”

East Motor vehicle service and repair shop

Neighbourhood Development “ND”

ANALYSIS OF ALTERNATIVES: N/A FINANCIAL/STAFFING/LEGAL IMPLICATIONS:

The Planning Act permits Council to pass a by-law to authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law for a period of not more than three years from the day of the passing of the by-law. Council may by by-law grant further extensions for periods of not more than three years each during which the temporary use is authorized.

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 6 of 11

As required by the Planning Act, Council shall hold at least one (1) Public Meeting to consider an application for an Official Plan Amendment and a Zoning By-law Amendment. There are no financial or staff implications related to this proposal. POLICIES AFFECTING PROPOSAL: Provincial Policy Statement The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The Planning Act requires that, in exercising any authority that affects planning matters, planning authorities “shall have regard to” policy statements under the Act. Policy 3.2.2 of the PPS states that contaminated sites will be restored as necessary prior to any activity on the site associated with the proposed use such that there will be no adverse effect. In addition, the Ministry of the Environment’s D-4 Series Guidelines “Land Use On or Near Landfills and Dumps” states in Section 5.2.2 – “Land Use within 30 metres of a Fill Area” that:

“Where technical controls for leachate, or leachate and gas are required surrounding a fill area, no land use may take place within 30 metres of its perimeter. This distance may be reduced to 20 metres in cases where only gas controls are necessary.”

Due to the proximity of the subject property to a closed landfill site (non-monitored), staff requests that a Record of Site Condition assessment be conducted. In addition, background/baseline testing should be conducted on the subject lands to ensure the land use will not be adversely affected, and that an appropriate buffer is in place. Factors to be considered when a land use is proposed on or near a non-operating site include:

• Ground and surface water contamination by leachate; • Surface runoff; • Ground settlement; • Visual impact; • Soil contamination and hazardous waste; and, • Landfill-generated gases.

Particular attention shall be given to the production and migration of methane gas (Section 4.2 – MOE D-4 Series Guidelines). In order to address the PPS and the Ministry of the Environment D-4 Series Guidelines, the applicant has agreed to have the implementing by-law held in abeyance until such

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 7 of 11

time as a Record of Site Condition has been accepted by the City and the Ministry, and testing has been conducted on the site for methane and leachate. Hamilton-Wentworth Official Plan The Hamilton-Wentworth Official Plan designates the subject property as Urban Area. Policy 3.1 states that a wide range of urban uses, defined through Area Municipal Official Plans and based on full municipal services, will be concentrated in the Urban Areas. As the nature of these applications is to establish the temporary use of the lands for a contractors depot, the repair and service of trucks and buses, accessory office space and accessory uses thereto, the proposal conforms, in principle, to the policies of the Hamilton-Wentworth Official Plan. However, due to the past use of the adjacent land as a landfill, a potential for site contamination exists. Section 2.3 states that redevelopment must not occur until it has been demonstrated that a proposal will not put people in significant risk. Furthermore, Policy 3.2.2 requires proponents of development/redevelopment proposals to document previous uses of the properties affected by the proposal, where a potential exists for site contamination. Accordingly, the applicant has agreed to have the implementing by-law held in abeyance until the environmental matters can be addressed as discussed above in the Provincial Policy Statement section. Stoney Creek Official Plan The Stoney Creek Official Plan designates the subject land as Special Policy Area “B” on Schedule “A” – General Land Use Plan. Special Policy Area “B” applies to nearly all of the land north of Mud Street, west of Upper Centennial Parkway, south of the escarpment, and east of the Heritage Green Drive unopened road allowance. Section 12.2 of the Official Plan states that Special Policy Area “B” is intended for urban uses in accordance with the Hamilton-Wentworth Official Plan. However, the Plan further states that until such time as appropriate studies are completed to identify a detailed Secondary Plan for this area, and such plan is incorporated into the Official Plan as an amendment, the relevant agricultural policies of Section A.9 of the Plan, along with other associated policies in Subsections B.2, B.4, B.5, C.1, C.3 and Sections D and F of the Plan shall apply to any development within Special Policy Area “B”. Section F.4.5 of the Official Plan states that Council may adopt temporary use by-laws to permit the use of lands, buildings, or structures on a temporary basis. The Plan further states that temporary use by-laws are intended to provide a positive way to zone lands for specific and appropriate short term uses such as, but not limited to, a parking lot on a future office site.

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 8 of 11

The proposal for temporary uses submitted by the Applicant requires an amendment to the Official Plan to allow land uses other than those that are currently permitted by Special Policy Area “B”. It is necessary that the zoning amendment, although it is only for temporary uses, conform to all of the policies of the Stoney Creek Official Plan.

CONSULTATION WITH RELEVANT DEPARTMENTS/AGENCIES: Hamilton Conservation Authority The subject property is not within the flood plain of Battlefield Creek, although it is within its drainage area. There have been no specific natural features identified on the site by the Stoney Creek Open Space and Natural Environment System (SCONES). However, there is a Class 3, Rehabilitation Area on the lands to the east that appears to follow a hedgerow. This proposal does not affect the applicable policies in SCONES or Section B.5 of the Stoney Creek Official Plan. Special Policy Area “B” requires the preparation of a secondary plan. Conservation Authority staff suggests that a master drainage plan be prepared at that time to address storm water quantity and quality control on a comprehensive basis. The secondary plan should also establish policy direction on the retention and rehabilitation of the hedgerows and natural features in the Policy Area. Development of this site should provide temporary storm water quantity and quality control to pre-development conditions, until such time as a master drainage plan is prepared for this Policy Area, at which time the measures could be removed if control is provided by centralized facilities. This requirement will meet the intent of the Provincial Policy Statement regarding the protection of quality and quantity of ground water and surface water, as well as Official Plan policy D.1.2.2. Recommended Condition: That the Official Plan amendment includes a requirement for provisions for temporary storm water management facilities on-site to control the quality and quantity of storm water run-off until such time as a master drainage plan is prepared for the neighbourhood. Departments/Agencies having no concern or objection to the applications:

• Operations and Maintenance Division, Public Works Department • Health Protection Branch, Public Health and Community Services Department • Corporate Services Department

CITY STRATEGIC COMMITMENT: The approval of these applications will facilitate the temporary development of land for industrial purposes within the Urban Area and, particularly, within an area where the

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 9 of 11

establishment of sensitive land uses are not foreseeable in the near future because of the close proximity to the existing Taro Landfill. COMMENTS: Staff’s circulation of the proposed applications solicited no significant comments or objections from City departments or outside agencies. The Hamilton Conservation Authority’s requested condition for a temporary storm water management facility is not one that is typically incorporated into an Official Plan Amendment, but can be more appropriately addressed through site plan control, which will apply to this proposed development. Following negotiations with staff, the applicant has agreed to the following revisions to the proposed amendments:

• the replacement of the proposed use “transport terminal” with “the repair and service of buses and trucks”;

• the addition of “accessory uses thereto” as a permitted use to allow outdoor storage and parking for trucks, buses and construction vehicles;

• a restriction of only one building with a floor size of 1,550 square metres; • the application of the General Industrial “MG” zoning regulations and the

Industrial General Provisions in Sections 9.1.4 (Screening for Outdoor Storage and Outside Operations) and 9.1.6 (Loading) of the Zoning By-law to this property; and

• the restriction of vehicle parking, including buses, trucks and construction vehicles, in the front yard.

The additional regulations suggested for the zoning amendment will require outdoor storage and outside operations to be screened and fenced from the view of the street, ensure that loading, outdoor storage and parking does not take place in the front yard, require a 7.5 metre landscape strip along the street frontage and impose appropriate setback and coverage requirements. Staff is of the opinion that all of the proposed changes are necessary to ensure that the proposed uses are appropriately regulated and remain temporary on the subject property. Furthermore, the site plan review process will provide an opportunity to staff to review the development proposal in detail Based on information provided by the applicant and confirmed by the Building and Licensing Division, staff feels that the proposed building can be considered temporary as it will be readily assembled and disassembled, constructed at a low cost, and nearly all of the building materials will be recycled for the reconstruction of a similar type of building. It is also a type of structure that is often relocated from site to site. Nearly all of the building materials are reused for reconstruction, and the only “throw away” costs of the structure are the concrete floor and footings.

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 10 of 11

The applicant’s bus company tenant will use approximately 1,134 square metres of the 1,550 square metre building. The applicant contends that tenancy in the proposed building is essential to making this project economical, i.e., it allows a reasonable return on investment after the cost of constructing the building, and deconstructing it if necessary, during the three year span of the temporary use-by-law. Staff is satisfied that despite the size of the proposed building, it can still be considered temporary based on its design and ability for reuse when relocated. In addition, staff has identified that it is appropriate to require the applicant to complete an environmental investigation of the land (Record of Site Condition) and test the property for methane gas and leachate prior to development of the property because of the close proximity to both a closed and active land fill site. Since the Planning Act specifies that a temporary use by-law must expire three years from the day of the passing of the by-law, the applicant has requested that the implementing by-law be held in abeyance until such time as the applicant has satisfied these conditions. In this way, the applicant’s three year period will not be reduced by the amount of time needed for the environmental testing. It should be noted that although the by-law must expire after a three year time period as legislated by the Planning Act, Council may extend the by-law upon its expiry for a further three year period. Such an extension would necessitate a further application to the City. It should also be noted that as per Recommendation (k) of City Manager’s Report CM03015 (April 30th Committee of the Whole Meeting), the subject property appears to be within one of three potential areas to be considered for a potential stadium site should the City be successful in its bid for the 2010 Commonwealth Games. The site is identified in the staff report as Precinct 3 “Greenfield Precinct – Nash Neighbourhood/East Stoney Creek Mountain”. At its April 30th Council Meeting, Council endorsed the inclusion of all three potential sites in the international bid book submission. Planning staff have consulted with staff on the Stadium Review Committee and have confirmed that given the temporary nature of the applicant’s proposal, the approval of the subject applications will not prejudice the long term site selection process for a future stadium should the City be awarded the games in 2010. Given that permanent development and long term planning of the subject property has been, and will continue to be for the foreseeable future, constrained by environmental and land use issues related to the closed and open landfill sites to the south, staff supports the applications to establish temporary industrial uses. Staff feels the proposed uses of a contractors depot, the repair and service of buses and trucks, accessory office space and uses accessory thereto (parking and outdoor storage), are compatible with the surrounding land uses and will not create any adverse impacts on the adjacent lands.

SUBJECT: Applications for an Official Plan Amendment and a Zone Change for Land Located on Green Mountain Road West, former City of Stoney Creek (PD03127) (Ward 9) - Page 11 of 11

CONCLUSION: Staff concludes that the proposal to establish temporary industrial uses on the subject property is appropriate and desirable for the temporary development of the property, and recommends approval of the Official Plan and Zoning By-law Amendments as set out in the Recommendation section of this report. :db Attachs. (4)

APPENDIX “A” TO REPORT PD03127

Appendix “B” TO REPORT PD03127

Appendix “C” – Proposed Floor Plan TO REPORT PD03127

Appendix D TO REPORT PD03127