City and Community Groups Agree to Path Forward on West Harbour Waterfront

Settlement reaffirms North End Neighbourhood will develop in a “Family Friendly” way

HAMILTON, ON - Today, the City of Hamilton and community representatives from the North End neighbourhood, agreed to a settlement before the Local Planning Appeal Tribunal (LPAT), that will resolve outstanding appeals on the city-owned lands located on Piers 6, 7 and 8 of the West Harbour waterfront.  The settlements will allow the City’s vision of new mixed-use residential, commercial, and institutional development to proceed, while re-affirming the “child and family friendly” character of the North End neighbourhood.

The LPAT hearing combined two separate community appeals:
i. Zoning By-law No. 17-095 and approved  Draft Plan of Subdivision for the Pier 8 lands, and;
ii. Official Plan Amendment 233 (OPA 233) and Zoning By-law No. 14-042 for the Piers 6&7 lands.

The parties involved in the residential appeals agreed to Minutes of Settlement, which specifically detail the terms, conditions, and revisions to the zoning by-law.  Negotiated and agreed to as a comprehensive package, the specific and notable revisions include:

• a commitment that 15% of the total units built on Pier 8 must be “family units”, defined as units with two or more bedrooms;
• all required parking for Pier 8 must be provided within the Pier 8 lands, and not off-site;
• required parking generated by uses on Piers 6&7 will only be accommodated north of Guise Street and Bay Street North, and there will not be a parking facility built under Bayview Park;
• implementation of additional traffic calming and other improvements in the existing residential area; and
• the City agrees to direct Planning staff to consider an amendment to the Setting Sail Secondary Plan that would permit a mixed use or residential mid to high-rise development for the existing institutional block, being Block 16, on the north-east development block on Pier 8, including the necessary planning analysis and public consultation.

The settlement attempted to balance long standing neighbourhood traffic and parking concerns by encouraging the integration of the proposed development to the existing neighbourhood and a diversity of unit-sizes.  The settlement includes a statutory mandate of at least 15% of the total units on Pier 8 to be “family-sized”, defined as 2-bedroom units or larger.

The settlement includes a commitment by the City to consider additional height and density to one of the nine development-blocks located on Pier 8.  The Setting Sail Secondary Plan originally established the land-use for Block 16 at the north-east of the site as institutional, with a 4-storey height limit.  As part of this settlement, the City has agreed to direct Planning staff to consider a formal amendment to the Setting Sail Secondary Plan and zoning by-law to permit residential or mixed use on this block in a mid-rise or high-rise form.  This commitment would entail a full public planning approval process, including Planning Committee and Council’s consideration and approval, in its sole and unfettered legislative discretion, with appeal rights to the LPAT.  This process would take place within 12-months.

The following are the other key components contained in the settlement:

• There will be no change in the maximum number of residential units currently permitted on Pier 8 (being 1645 units);
• The parking rate for multi-residential uses would be reduced to 0.7 spaces per unit for dwelling units greater than 50.0 metres and all required parking for Pier 8 must be provided within Pier 8 and not off site;
• Building heights per block would be modified to allow 5 storeys to 8 storeys maximum;
• The City agrees to implement additional traffic calming and other improvements in the existing residential area, including:
  • Extending the John Street cycle track;
  • Changes at the Ferguson/Burlington intersection to reduce the desirability of the intersection for through traffic;
  • The creation of a gateway feature at the intersection of James Street and Strachan Avenue.
• Zoning By-law 14-042 (Piers 6&7) would be modified to ensure that any parking generated by the uses on Piers 6 & 7 is accommodated north of Guise Street and Bay Street North;
• All references to a parking structure in Bayview Park shall be removed from the Hamilton West Harbour Waterfront Recreation Master Plan (WHWRMP) and a note that a parking structure on Leander Drive would be at or below the elevation of the Bay Street and have a green roof if at grade or green roof or screening if below the grade; and

While evidence supporting the revisions to the Zoning By-law for Pier 8 has been provided, the LPAT will withhold its decision and order pending the outcome of the Industrial appeals that remains outstanding.

Background

Zoning Application and Draft Plan of Subdivision Process – Pier 8
On May 24, 2017, Council approved Applications to Amend City of Hamilton Zoning By-law No. 05-200, Approval of a Draft Plan of Subdivision and Temporary Use By-law for Lands Located at Pier 8, 65 Guise Street East.  This approval was to incorporate the city-owned Pier 8 lands within the City’s Zoning By-law 05-200 and approve a Draft Plan of Subdivision in order to allow development of a mixed-use area consisting of commercial, residential, institutional and parkland uses.  These applications were subsequently appealed to the Local Planning Appeal Tribunal (LPAT).  The appeals were grouped in relation to two main concerns (the local neighbourhood impacts and the industrial impacts), and the appellants of those groups were as follows:

(a) For the local neighbourhood concerns, appealed by Harbour West Neighbours Inc. (HWN) and Herman Turkstra, and,

(b) For the industrial concerns, appealed by Parrish & Heimbecker Ltd. with Bunge Canada as an additional party.
The Waterfront Shores Corporation (WSC), the City’s Preferred Proponent for the Pier 8 development, was also a party to the appeals before the Tribunal and the subsequent settlement.

Official Plan Amendment (OPA) 233 and Zoning By-law 14-042 – Pier 6&7
OPA 233 and By-law 14-042 were approved by Council to fully implement the overall intent of the Council approved West Harbour Waterfront Recreation Master Plan (WHWRMP), by specifically revising some of the land uses within the Pier 6 and 7 lands for the proposed commercial village. The planning instruments were subsequently appealed to the LPAT by local citizens, Dave Stephens and Bryan Ritskes, on behalf of the Harbour West Neighbours Inc.

For more information on the Pier 8 Development, please visit: www.hamilton.ca/westharbour