West Harbour Waterfront Master Plan and OMB Information


 Information about the Waterfront Master Plan and OMB Appeal

November 10, 2015

The Board went in-camera at the first meeting after the Annual General Meeting, to discuss the OMB appeal.  The discussion took about 1 1/2 hours.  It was not an easy decision but we took the appeal as far as we could without "legal council".  

We understand there are issues we continue to be concerned with - parking within 300 metres, and the noise by-law and how it might effect the surrounding area. 

We spent many MANY hours preparing for mediation and continuing to this point. 

However, we feel the best way forward at this time, is to withdraw from the appeal.  We will attend the PUBLIC OMB hearing on February 4 and 5 to ask for "participant" status allowing us to make a statement.


Motion:  Although there are serious issues that led us to appeal that remain unresolved, and whereas we don’t have the resources to carry forward, we to ask OMB permission to withdraw from the appeal.          
Moved by Catharine, seconded by Rob.   carried. 6-2     1 abstention


The February 4, 2014 Planning Committee Report is here.  The part dealing with the by-law amendment is item 6 on page 5. 

West Harbour Waterfront Recreational Master Plan - City Website with all the links to the plan. 


The Issues List
As part of the OMB (Ontario Municipal Board) hearing, the parties have to submit a list of issues.  The issues are submitted in the form of questions.  These questions are the basis for the hearing.  Both parties use expert testimony and planning documents to answer the questions.  The OMB "member" hears the case, and (like a judge),  answers the questions.



Appellants Issues List:  Re: OPA 233 and ZBL 14-041 & 14-042; PL140314 sent to OMB January 5, 2015
1.      Stakeholder Consultation: Did the City appropriately consult with North End Neighbours and other stakeholders on development of the provisions of the Hamilton West Harbour Waterfront Recreation Master Plan and resulting Official Plan Amendment (OPA) 233 and Zoning By-law Amendment (ZBLA) 14-142 as mandated in the approved Secondary Plan for the North End neighbourhood? If not what remedial steps are appropriate to overcome that deficiency?
2.     Piece-meal Planning: Is it appropriate that OPA233and Zoning By-Law14-162 separate Piers 6 and 7 from Pier 8 when they form together an area of major change in the Secondary Plan? Is a second OPA required for Pier 8 and other Piers? If so, is that a violation of the existing Secondary Plan?
3.     Zoning By-Law Format and Amendment Process: Given the provisions of the Secondary Plan regarding adopting of new zoning by-laws, (A.5.3.8.1.1), has the City followed an appropriate process leading to the enactment of ZBLA 14-142? Is there a sound rationale for using the current general zoning by-law which is likely to be repealed in the near future as opposed to using the current recently developed general zoning by-law that is being applied in other adjacent areas?
4.     Planning Criteria: Are the criteria for assessing future development as set out in Setting Sail still in force?
If so, have those criteria been properly applied by the City in developing the contents of OPA 233 and By-Law 14-042
5.      Retail and Commercial Uses: Is the significant increase in the amount of commercial and retail now proposed for Piers 6 and 7 consistent with Setting Sail and sound planning?
6.     Traffic and Parking: Have the traffic and parking requirements and impacts relating to the land uses contemplated by OPA 233 and ZBLA 14-142 been properly examined and appropriately controlled?
7.     Noise: Does ZBLA 14-142 have the impact of making the playing of live or amplified music or dance facilities legally permissible on outdoor patios on any part of the lands covered by OPA 233, and if so, is that appropriate?
8.     Open Space: Is the reduction in Open Space contemplated by the appealed documents sound planning and consistent with the principles of Setting Sail
9.      Marine Recreational Area: Is the reduction in Marine Recreational area contemplated by the appealed documents sound planning and consistent with the principles of Setting Sail?
10.   Marine Recreational Master Plan: What is the impact of the decisions approving the appealed documents on the status of the Marine Recreational Master Plan? Is that plan now incorporated in to the City's Official Plan? If so, how does that impact the land uses in the Plan’s area and are the resulting land use controls and designations in the appealed documents and the Marine Recreational Master Plan sound planning and consistent with Setting Sail.
11.  Terminology:   What is the impact of re-labeling the area from Bayfront Park to Pier 7 as Waterfront Recreational rather than Marine Recreational and is that impact sound planning and consistent with the principles of Setting Sail?



January 2014


NOTICE OF PUBLIC MEETING
for
Official Plan and Zoning By-law Amendments for the West Harbour Waterfront Recreation Master Plan

What?             The Planning Committee is holding a Public Meeting, as required by Section 17 of the Planning Act, to consider Official Plan and Zoning By-law Amendments to the former City of Hamilton Official Plan (Setting Sail Secondary Plan) and Zoning By-law No. 6593 (Hamilton) to implement the West Harbour Waterfront Recreation Master Plan. 


WestHarbour-LocMap_SpecAd_curves












When?            Tuesday, February 4, 2014 starting at 9:30 AM

Where?           Council Chambers, 2nd Floor, City Hall
71 Main Street West, Hamilton

Why?
The purpose of the Official Plan Amendment is to amend various policies and schedules of the West Harbour (Setting Sail) Secondary Plan to reflect the principles and policies contained in the Hamilton West Harbour Waterfront Recreation Master Plan and to create a new land use designation and site specific policy areas to permit the uses set out in the Hamilton West Harbour Waterfront Recreation Master Plan. The Official Plan Amendment will modify the policy framework to guide the development and improvements of lands within the Hamilton West Harbour Waterfront Recreation Master Plan.

The purpose of the Zoning By-law Amendment is to amend Zoning By-law No. 6593 (Hamilton) for the subject lands to permit the uses set out in the Hamilton West Harbour Recreation Master Plan.

Appeals
In accordance with the provisions of the Planning Act, please be advised of the following:
a)    If you wish to be notified of the adoption of the proposed Official Plan Amendment and Zoning By-law Amendment, or the refusal of the request to amend the Official Plan or the Zoning By-law, you must make a written request to: the Co-ordinator, Planning Committee, City of Hamilton, 71 Main Street West, 1st Floor, Hamilton, Ontario, L8P 4Y5.
b)    If a person or public body does not make oral submissions at a public meeting or make written submissions to the City of Hamilton before the proposed Official Plan and Zoning By-law Amendments are adopted, the person or public body is not entitled to appeal the decision of the Council of the City of Hamilton to the Ontario Municipal Board.
c)    If a person or public body does not make an oral submission at a public meeting or make a written submission to the City of Hamilton before the proposed Official Plan and Zoning By-law Amendments are adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board, unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party.

HOW:

Accessing the Proposed Amendments and Report
Copies of the proposed amendments will be available on and after January 17, 2013, online at www.hamilton.ca/Westharbour and at the City of Hamilton Clerks Department, City Hall, 71 Main Street West, 1st Floor from 8:30 a.m. – 4:30 p.m.

Copies of the staff report will be available on and after January 31, 2013, online at www.hamilton.ca/planningcommittee and at the City of Hamilton Planning Department, City Hall, 71 Main Street West, 6th Floor from 8:30 a.m. – 4:30 p.m.

Additional Information
If you wish to submit comments for inclusion in the Agenda for the Meeting, please contact Vanessa Robicheau (contact information below).

Anyone interested in making a presentation is asked to pre-register as a delegation by no later than 12:00 noon on February 3, 2014 by contacting:

Vanessa Robicheau
City Clerks Office, 1st Floor, 71 Main Street West, Hamilton, Ontario L8P 4Y5

Information respecting this process is being collected under the authority of the Planning Act, R.S.O. 1990, c.P.13.  All comments and opinions submitted to the City of Hamilton on this matter, including the name, address and contact information of persons submitting comments and/or opinions will become part of the public record and will be made available to the general public.

Information will be collected in accordance with the Freedom of Information and Protection of Privacy Act. With the exception of personal information, all comments will become part of the public record.

If you have any accessibility requirements in order to participate in this program or event, please contact one of the people listed in this ad. Advanced requests are highly encouraged to enable us to meet your needs adequately.

Contact:                                
For further information on the Amendments please contact:
Alissa Mahood, MCIP, RPP                                                                        
Planning & Economic Development Department                                                     
City of Hamilton                                             
71 Main Street West, 6th Floor, Hamilton, Ontario, L8P 4Y5            
Phone: 905-546-2424 Ext. 1250                  

or

Greg Macdonald, MCIP, RPP                                                                                 
Planning & Economic Development Department                                                     
City of Hamilton                                             
71 Main Street West, 5th Floor, Hamilton, Ontario, L8P 4Y5            
Phone: 905-546-2424 Ext. 4283                  


This Notice issued January 17, 2014