With regards to the recent Ontario Municipal Board (OMB) hearing for 383 Dundas St. East, Waterdown (Dundas St. East and First Street), which approved the development, I wanted to provide an update on next steps. Although I am very disappointed that the OMB ruled in favour of the development, Hamilton legal staff did negotiate some conditions to be dealt with at the site plan control stage. Please note that the Site Plan Control application was also appealed to the Ontario Municipal Board, and that the decision for this file PL160498, dated August 14, 2017 required resolution within 90 days of that decision.
Hamilton staff raised concerns with respect to the retaining walls, privacy, stormwater management, and parking. I can offer the following information.
Grading & Stormwater Management
As part of the Conditional Approval process, staff are requiring the following conditions be met (among others) prior to the approval of the plan:
- To show all erosion and siltation control features in detail on a Grading and Drainage Control Plan hereinafter described in Section 3(b); to the satisfaction of the City’s Manager of Engineering Approvals; and to implement all such erosion and siltation control measures. The Owner further agrees to maintain all such measures to the satisfaction of the City’s Manager of Development Engineering Approvals until the site has been fully developed as determined by the City’s Manager of Development Planning, Heritage and Design.
- To prepare a detailed Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage, and to show thereon all existing and proposed connections to the municipal storm sewer to provide for that drainage i.e. catch basins / leads etc. to the satisfaction of the City’s Manager of Development Engineering Approvals.
- To submit to the satisfaction of the City’s Manager of Development Engineering Approvals detailed engineering design for storm water management or to receive from the said Manager an exemption from this requirement.
Privacy will be addressed in a couple of ways:
- The Board-ordered by-law requires that no deck or balcony shall exceed a height of 1.5 m above grade on dwelling units directly abutting any lot line with a single detached dwelling.
- A Tree Protection Plan is required as a condition of approval to demonstrate how existing vegetation will be preserved. The condition is as follows:
- To prepare a Tree Preservation / Enhancement Plan as part of the required Landscape Plan hereinafter described in Section 3(e), showing the location of drip lines, edges and existing plantings, the location of all existing trees and the method to be employed in retaining trees required to be protected; to obtain approval thereof from the City’s Manager of Development Planning, Heritage and Design; and to implement all approved tree savings measures.
- Staff have included the requirement of a solid board fence on the site plan adjacent to properties containing residential uses. As this is a redlined requirement, the applicants are required to include details of the fencing prior to staff’s sign-off of the plan.
The parking ratio requirement (including visitor parking) is dictated by the Board-ordered by-law. However, Building Division, Corridor Management, Urban Design and Planning staff are reviewing the plan to ensure that traffic flow and circulation are adequate and that signage and visibility measures are taken to address pedestrian safety.
Please also note that the Board-ordered by-law also prohibits vehicular access from First Street.
Please feel free to let me know if you have any questions.
With kind regards,
Councillor Judi Partridge
Ward 15 Flamborough