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24-051-OLT-01 Attachment 1 - To Amend Zoning By-law No. 05-200 for Updates and Amendments to the Low Density Residential (R1) and Low Density Residential - Small Lot (R1a) Zones, and Creation of a new Low Density Residential - Large Lot (R2) Zone, Repeal and Replacement of Section 5: Parking, and Associated Technical Amendments

24-052-OLT Attachment 2 - To Delete and Replace Section 5: Parking of Zoning By-law No. 05-200

The Tribunal Orders that:

1. The appeals against Zoning By-law No. 24-052 of the City of Hamilton are allowed, in part, and the by-law is amended as set out in Attachment 2 to this Order and is deemed to have come into force on the day it was passed, being April 10, 2024, in accordance with subsection 34(31) of the Planning Act, save and except for: a. those sections thereof that remain under appeal on a City-wide basis as shown in Attachment 2 to this Order; b. Section 5.7.1(a)(i) "Multiple Dwelling; Dwelling Unit, Mixed use, where the total number of such units is 5 or greater", subsection (b) and 5.7.4(a)(ii) with respect to the lands known municipally as 999 Upper Wentworth Street, as shown on Attachment 3, attached hereto; c. Sections 5.1.4(a), ©, (d) and € and 5.6.4(a)(i) and (ii), with respect to the lands known municipally as 75 Centennial Parkway North, as shown on Attachment 4, attached hereto; and d. The sections noted in subparagraph [87]2. below, which shall come into foce at a future date as described therein.
2. The following sections of Zoning By-law 24-052 shall be deemed to come into force on all lands within the City other than 999 Upper Wentworth Street and 75 Centennial Parkway North at such time as the Section 3 definition of "Parking Space, Electric Vehicle" is in force, either through a future order of the Tribunal (which may include any modifications to such definition) or the withdrawal of any appeals of such definition, resulting in its coming into force without modification: a. Sections 5.1.4(b), (d) and €; and b. Sections 5.7.4(a)(ii).
3. The coming into effect of portions of Zoning By-law 24-052 shall be strictly without prejudice to, and shall not have the effect of: a. limiting the resolution of an Appellant's appeal; b. affecting a Party's right, to seek to modify, delete or add to the unapproved associated text; or c. limiting the jurisdiction of the Tribunal to consider and approve modifications, deletions or additions on a general or site-specific basis.
4. The coming into force of Section 5.7.1(a)(i) and 5.7.4(a)(ii) on certain lands in the City is without prejudice to the outstanding site-specific appeal of those provisions by Cadillac Fairview Corporation with respect to its property located at 999 Upper Wentworth Street, Hamilton, as shown on Attachment 3, attached hereto, and shall not have the effect of limiting that Appellant's rights to litigate those provisions as they relate to such lands, subject to subparagraphy [87]6. herein.
5. The coming into force of Sections 5.1.4(d) and € and 5.7.4(a)(ii) on certain lands in the City is without prejudice to the outstanding site-specific appeal of those provisions by Hammer GP LP and Hammer GP Services Corp. with respect to its property located at 75 Centennial Parkway North, Hamilton, as shown on Attachment 4, attached hereto, and shall not have the effect of limiting that Appellant's rights to litigate those provisions as they relate to such lands.
6. The City will not take the position that the Tribunal ought not to approve site-specific modifications to By-law 24-052 on the basis that they deviate from or are inconsistent with By-law 24-052 as in effect for other lands; however, this does not affect the City's right to assert that the in-effect provisions should be applied to any lands under a site-specific appeal without modification on the basis that they constitute good planning.
7. Notwithstanding anything ordered above, the City has not conceded that the following portion of By-law 24-052 that has not come into force and that is not deemed in effect is properly under appeal and the City has reserved the right to bring motions or take any other action to have the breadth and scope of such appeal determined by the Tribunal at a future date: a. Subsection 5.7.4(a)(ii), with respect to the property known as 999 Upper Wentworth Street, as shown on Attachment 3, attached hereto.

The Tribunal Orders that sections of Zoning By-law 24-052 that remain under appeal shall be determined through settlement efforts or merit hearings.  In all other respects, the Tribunal orders that the appeals are dismissed.  No further notice is required.  The member is not seized for a settlement or merit hearing for the sections of Zoning By-law No. 24-052 that remain under appeal.

OLT Case Number: OLT-24-000544

To Adopt Official Plan Amendment No. 213 to the Urban Hamilton Official Plan Respecting 1600 Upper James Street (former City of Hamilton).

ZAC-24-010/UHOPA-24-004

To Adopt Official Plan Amendment No. 205 to the Urban Hamilton Official Plan Respecting 173 and 177 Dundas Street East Former Town of Flamborough

To Amend Zoning By-law No. 05-200 with Respect to Lands Located at 173 and 177 Dundas Street East, Flamborough

To Amend By-law No. 12-282, As Amended by By-law No. 19-108, Respecting Tariff of Fees

Schedule 6 (Time Limit Parking)
Schedule 8 (No Parking Zones)
Schedule 12 (Permit Parking Zones)
Schedule 13 (No Stopping Zones)
Schedule 20 (School Bus Loading Zones)

The Tribunal Orders that:

1. The appeal is allowed and the proposed Official Plan Amendment No. 193 ("OPA 193") for the City of Hamilton to redesignate the lands from "Open Space" and "General Open Space" to "Mixed Use Medium Density" as set out in OPA 193 and Zoning By-law Amendment No. 23-224 ("ZBLA 23-224") is approved.
2. And further, the appealed is allowed to include a site-specific zoning exception in ZBLA 23-224 to permit a warehouse (self-storage) use and allow a maximum building height of five-storeys is approved.

OLT Case Numbers: OLT-24-000013, OLT-24-000014

OLT Lead Case Number: OLT-24-000013

By-law No. 23-223

By-law No. 23-224

To Amend Former City of Hamilton Zoning By-law No. 6593 Respecting Lands Located at 179, 181, 183, 185, 187 and 189 Catharine Street

ZAH-24-012

Respecting Removal of Part Lot Control, Blocks 87 to 95, Registered Plan No. 62M-1280, and further described as Parts 19, 20, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 68, 69, 71, 73, 74, 83, 84, 92 of Deposited Reference Plan 62R-21836 for lands municipally known as 175, 187, 189, 191, 199 – 213, 217 - 229 Cittadella Boulevard & 158, 176, 190, 198, 202, 204, 212 – 226, 232 - 244 Rockledge Drive, Glanbrook 

PLC-22-006E

To Confirm the Proceedings of City Council at its meeting held on August 16, 2024.

• Selection Committee for Agencies, Boards and Sub-Committees Report 24-005 – July 31, 2024
• Selection Committee for Agencies, Boards and Sub-Committees Report 24-006 – August 1, 2024
• General Issues Committee Report 24-013 – August 12, 2024
• Planning Committee Report 24-011 – August 13, 2024
• Public Health Committee Report 24-007 – August 14, 2024
• Public Works Committee Report 24-010 – August 14, 2024

Schedule 9 (No Right Turn on Red)
Schedule 13 (Lane Designations)
Schedule 18 (Bicycle Lanes)
Schedule 19 (Bike Paths)

 

Schedule 6 (Time Limit Parking)
Schedule 8 (No Parking Zones)
Schedule 12 (Permit Parking Zones)
Schedule 13 (No Stopping Zones)

 

ZAC-24-018