Link to – INFORMATION REPORT: Niagara Escarpment Commission (March 10, 2009)

In 2007, Deanlee Management Inc. submitted applications to amend the City of Hamilton Official Plan and Zoning By-law and submitted a draft plan of subdivision for a property located on the brow of the Niagara Escarpment at the intersection of Sanatorium Drive and Scenic Drive. The proposed development sited in the NEP’s Urban Area has evolved since the original application in response to feedback from the City, NEC staff and other agencies. The proposal now includes the following:

· 81,000 square metres of gross floor area and 725 residential apartment units

· some limited commercial or other non-residential uses

· conversion of Sanatorium Drive to a private road

· retention of two heritage buildings

· preservation of a 2 hectare woodlot

· the extension of a trail along the Escarpment brow

· minimum 30 metre setback of any buildings from the Escarpment brow

· minimum of 30% landscaped open space throughout the site

· creation of two stormwater detention ponds in the centre of the site, and creation of a traffic circle at the southern intersection of the two roads.

NEC staff have provided several comments to the City on this development and our latest set of comments, and the Demonstration Master Plan dated February 3, 2009 are attached. We are providing them to the Commission at this time as there is some expectation on the part of the applicant that the City could make a decision on the applications in May.

At the time of writing, NEC staff have not reviewed the final text of the Official Plan amendment, zoning by-law or conditions of draft approval but based on the discussion with the applicant and City staff at a meeting held on March 9, we can provide the Commission with information on the intent for the site based on the draft documents that we have reviewed. Further comments will be provided to the City and the Commission will be advised of the staff position, if the development changes subsequent to our report.

The key issues for NEC staff have been the visual impact on the Escarpment, building heights, protection of the woodlot and the preservation of open space within the site to maintain the character of the Escarpment Urban designation and links to the Escarpment.

Based on the staff evaluation of the Visual Impact Assessment Supplementary Report, dated February 2, 2009 prepared by Siteline Research on behalf of the applicant, there could be a visual impact from the proposed 10 storey building on Block 9 when viewed from the King Road perspective. In discussions with the applicant, they are now considering lowering this particular building by 2 storeys which could resolve the visual impact. We have requested a final consolidated Visual Impact Assessment and the incorporation of the recommendations of the study in the Official Plan policies. These recommendations relate to building roof details, building colour, fenestration and lighting; all designed to minimise the impact of the buildings on the Escarpment.

In order to allow views through the site from the south, NEC staff recommended that adequate setbacks between the proposed 6-8 storey buildings on the east and west side of Sanatorium Drive at Scenic Drive be established in the zoning bylaw. The applicant’s planner suggested a 30 metre setback in this location and this is satisfactory.

Opposite San Pedro Drive on the subject lands is a grassed and treed area through which Chedoke Creek passes. It is proposed that some of this area would be preserved and two dry storm water management ponds would be created. The precise extent of this area is still under discussion as the Sanatorium Road Flood and Erosion Impact Study for the larger surrounding area is not yet complete. However, in discussions with the applicant, they intend to preserve a 15 metre buffer on either side of the creek at the request of the Hamilton Conservation Authority through the zoning bylaw which will be of assistance in preserving views through the site and maintain a park-like setting. The preservation of a component of the open park-like setting to balance the built form is an important factor in mitigating the visual impact of medium density development within this Escarpment Urban Area. The 15 metre setback along the Chedoke Creek centreline is not considered sufficient to provide this balance. The provision of a wide opening with views into a central contiguous open space area, consistent with the Demonstration Master Plan provided by the proponent, is a matter that continues to be discussed. We have also raised a concern with the City as to whether the proposed 30% landscaped open space will be achieved on the site. This issue remains pending until the applicant produces a scaled drawing of the development concept.

An existing 2.7 hectare woodlot on the north east portion of the site will be protected but will remain as private property. A ten metre setback around the woodlot will be established to protect the edge of the woodlot during construction.

Underground parking is proposed for this development. In order to excavate, some blasting will be necessary. The applicant advised that a further report on blasting is being prepared and the NEC will be provided with a copy. If the report demonstrates that underground parking is not feasible, then the overall density of the development would be reduced.

Once the City has made a decision on the applications, and assuming the applications are approved, this applicant will likely sell the property to others for development and applications for draft plan of condominium and site plan approval will be submitted. We believe the City will continue to keep us involved in the consultation process and will circulate these applications to us for comment. It will be important to ensure that the new owners of the property understand the importance of requirements of the Niagara Escarpment Plan and the urban design guidelines so that the final form of the development incorporates the principles that we have conveyed to the City with respect to the open landscape character of the site and the importance of adhering to the recommendations of the Visual Impact Assessment.