Ontario Municipal Board Commission des affaires municipales de l’Ontario
ISSUE DATE: December 3, 2014 CASE NO(S).: PL110331 PL090779 PL101381 PL120574 PL131287
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellants: See Schedule “1” Subject: Official Plan Amendment No. 35 to the Region of Hamilton-Wentworth Official Plan Municipality: City of Hamilton OMB Case No.: PL090779 OMB File No.: PL090779 (See Schedule “1”)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellants: See Schedule “1” Subject: Official Plan Amendment No. 128 to the Town of Ancaster Official Plan (PL090780); Official Plan Amendment No. 18 to the Town of Dundas Official Plan (PL090781); Official Plan Amendment No. 118 to the Town of Flamborough Official Plan (PL090782); Official Plan Amendment No. 75 to the Township of Glanbrook Official Plan (PL090783); Official Plan Amendment No. 220 to the City of Hamilton Official Plan (PL090784); Official Plan Amendment No. 149 to the City of Stoney Creek Official Plan (PL090785) Municipality: City of Hamilton OMB Case No.: PL090779 OMB File Nos.: PL090780-PL090785 (See Schedule “1”)
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PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant: See Schedule “2” Subject: Failure of the Minister of Municipal Affairs and Housing to announce a decision respecting the City of Hamilton Urban Official Plan Municipality: City of Hamilton OMB Case No.: PL101381 OMB File No.: PL101381 (See Schedule “2”)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellants: See Schedule “3” Subject: The new City of Hamilton Urban Official Plan Municipality: City of Hamilton OMB Case No.: PL110331 OMB File No.: PL110331 (See Schedule “3”)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Auburn Developments Inc. Subject: Application to amend Zoning By-law 6593 – Refusal of application by the City of Hamilton Existing Zoning: “J” (Light and Limited Heavy Industrial, etc.) District Proposed Zoning: “E-3” (High Density Multiple Dwellings) District Purpose: To permit a 10 storey student residential building Property Address/Description: 17 Ewen Road Municipality: City of Hamilton Municipal File No.: ZAC-07-062 OMB Case No.: PL120574 OMB File No.: PL120574
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PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Auburn Developments Inc. Subject: Request to amend the Official Plan – Refusal of request by the City of Hamilton Existing Designation: “Industrial” Proposed Designation: “High Density Residential” Purpose: To permit a 10 storey student residential building Property Address/Description: 17 Ewen Road Municipality: City of Hamilton Approval Authority File No.: OPA-07-016 OMB Case No.: PL120574 OMB File No.: PL120575
Schedule “1”
Appellants to the amendments to the in-force Official Plans of the former Region of Hamilton-Wentworth, Towns of Ancaster, Dundas and Flamborough, Township of Glanbrook and Cities of Hamilton and Stoney Creek (OMB Case No. PL090779)
OMB FILE NO. APPELLANT NAME PL090784 Shawcor Ltd.
Schedule “2”
Appellants to the failure of the Minister of Municipal Affairs and Housing to announce a decision respecting the City of Hamilton Urban Official Plan (OMB Case No. PL101381)
OMB FILE NO. APPELLANT NAME PL101381 A. DeSantis Developments Ltd. LIUNA Group Corp. St. Joseph’s Villa
Schedule “3”
Appellants to the new City of Hamilton Urban Official Plan (OMB Case No. PL110331)
OMB FILE NO. APPELLANT NAME PL110331 2000963 Ontario Inc. 2051206 Ontario Inc.
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2084696 Ontario Inc. 2188410 Ontario Inc. 456941 Ontario Ltd., 1263339 Ontario Ltd., and Lea Silvestri 909940 Ontario Inc. Artstone Holdings Limited Carmen Chiaravelle, 1694408 Ontario Ltd., John Edward Demik, Peter Demik, Demik Brothers Hamilton Ltd., and Elaine Vyn City of Hamilton Corpveil Holdings Limited Flamborough Power Centre Inc., Flamborough South Centre Inc., Clappison Five Six Properties Inc. Freeland Developments Limited Gino and Olindo DalBello Lynmount Developments Limited Mondelēz Canada Inc. (formerly Kraft Canada Inc.) Mud and First Inc. Multi-Area Developments Inc. Norman Vartanian Paletta International Corporation Paletta International Corporation (re: Elfrida) Spallacci & Sons Limited Sullstar Twenty Limited Twenty Road Developments Inc. Upper Centennial Developments Ltd. Waterdown Bay Ltd.
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: City of Hamilton Subject: Failure of Ministry of Municipal Affairs and Housing to announce a decision respecting Proposed Official Plan Amendment No. 25-OP-2009 Municipality: City of Hamilton OMB Case No.: PL131287 OMB File No.: PL131287
Heard: September 23, 2014 in Hamilton, Ontario
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APPEARANCES:
Parties Counsel
City of Hamilton L. Magi M. Kovacevic
Paletta International S. Snider Corporation
A. DeSantis Developments S. Snider Ltd.
St. Joseph’s Villa S. Snider
DiCenzo Construction P. Harrington Company Limited and DiCenzo (Golf Club Road) Holdings Inc.
MEMORANDUM OF ORAL DECISION DELIVERED BY SUSAN de AVELLAR SCHILLER ON SEPTEMBER 23, 2014 AND ORDER OF THE BOARD
INTRODUCTION
[1] The matters before the Board are appeals related to the new City of Hamilton (“City”) Urban Hamilton Official Plan (“UHOP”) adopted by the City on July 9, 2009, and approved by the Minister of Municipal Affairs and Housing (“MMAH”) with modifications on March 16, 2011, appeals of the failure of the MMAH to make a decision regarding the UHOP, prior to March 16, 2011, and appeals related to amendments to the in-force official plans of the former Region of Hamilton-Wentworth, Towns of Ancaster, Dundas and Flamborough, Township of Glanbrook and Cities of Hamilton and Stoney Creek.
[2] Also before the Board are appeals by Auburn Developments Inc. (“Auburn”) regarding a proposed official plan amendment and associated zoning by-law amendment to permit a 10-storey student residence on lands zoned and designated for
6 PL110331 et al industrial use. These matters, previously scheduled for hearing, were adjourned to permit the parties to consider the implications of new noise guidelines issued by the former Ministry of the Environment, now Ministry of the Environment and Climate Change. No new hearing date has been set at this time.
[3] At the parties’ request, the Board agreed to divide the hearing into several segments. Each hearing segment will deal with one or more specific topic areas. Pre- hearing conferences to deal with motions, settlements, procedural orders for various hearing segments, and so on, have been, and will continue to be, interspersed between hearing segments to move matters along in an efficient manner.
[4] There are five matters before the Board at this appearance:
1. Scheduling further appearances for:
i. A. DeSantis Developments Ltd. (“DeSantis”)
ii. St. Joseph’s Villa
iii. DiCenzo Construction Company Limited and DiCenzo (Golf Club Road) Holdings Inc. (“DiCenzo”).
2. A settlement hearing for Group 2 issues in PL110331, appeal by Paletta International Corporation (“Paletta”) dealing with two separate site – specific matters
[5] In addition to the parties noted above, 1507565 Ontario Limited, represented by Counsel M. Paiva, was in attendance to observe the proceedings.
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A. DESANTIS DEVELOPMENTS LTD.
[6] The DeSantis appeal is part of case PL101381, previously consolidated, and found in Issue Group 13 of these proceedings.
[7] The Board sets a teleconference settlement hearing to commence on Monday, March 2, 2015 at 11 a.m.
[8] Call-in details have been provided separately to the parties.
[9] No further notice is required.
[10] Affidavit evidence and exhibits to be relied upon at the teleconference are to be filed with the Board in hard copy and electronically by noon on Tuesday, February 17, 2015.
[11] The teleconference will deal with technical amendments necessary to reflect the Board’s decision in PL131185, issued September 4, 2014.
ST. JOSEPH’S VILLA
[12] The St. Joseph’s Villa appeal is part of case PL101381, previously consolidated, and found in Issue Group 11 of these proceedings.
[13] The Board sets two days for the hearing of this matter, to commence on Thursday, May 7, 2015 at 10 a.m. at:
OMB Courtroom #6 McMaster Learning Centre 50 Main Street East Hamilton, Ontario
[14] No further notice is required.
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DICENZO CONSTRUCTION COMPANY LIMITED AND DICENZO (GOLF CLUB ROAD) HOLDINGS INC.
[15] The Board sets a further pre-hearing to commence on Tuesday, March 3, 2015, at 10 a.m. at: OMB Courtroom #6 McMaster Learning Centre 50 Main Street East Hamilton, Ontario
[16] No further notice is required.
[17] This pre-hearing for the DiCenzo matters will deal with Issue Group 1 matters relating to certain specific sites on Stone Church Road West and Stone Church Road East. Issues relating to these sites were initially part of the Natural Heritage System hearing segment but were adjourned to permit further discussions between the parties.
PALETTA INTERNATIONAL CORPORATION
[18] Paletta has reached a settlement with the City.
[19] The settlement documents were circulated August 14, 2014 in accordance with the Board’s earlier directions. No one appeared in opposition to the settlement.
[20] The settlement deals with two site-specific matters. One is 0 Rymal Road East and 212 Glover Road and the second is 272 First Road West.
[21] The Board heard from Paul Lowes, a full Member of the Canadian Institute of Planners and a Registered Professional Planner in Ontario. Mr. Lowes acknowledged the expert’s duty to the Board orally and under oath in lieu of filing an executed copy of the Board’s Acknowledgement of Expert’s Duty form.
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[22] The Board qualified Mr. Lowes to provide the Board with independent expert opinion evidence in land use planning matters. Mr. Lowes provided evidence with respect to both site-specific Paletta matters.
0 Rymal Road East and 212 Glover Road
[23] 0 Rymal Road East and 212 Glover Road are in the Glanbrook Business Park in the former Town of Glanbrook.
[24] 0 Rymal Road East is divided into two areas: A and A1. 212 Glover Road is shown as area B. The location of the lands is set out in Attachment 1, filed as Exhibit 62 in these proceedings.
[25] Studies underpinning the UHOP included a comprehensive review of employment lands. The settlement deals with the studies that are required to determine the developable area of the lands and the appropriate type and distribution of that development between these two properties. In addressing these matters, the studies will also inform a possible change of designation of a certain portion of the lands from Employment-Business Park to Arterial Commercial.
[26] The list of studies is found in Attachment 2, filed as Exhibit 63 in these proceedings. The list is not exhaustive and all studies are to be done to the satisfaction of the City.
[27] Attachment 3 to this decision shows the changes Schedule E – Urban Structure, filed as Exhibit 64 in these proceedings.
[28] Attachment 4 shows the changes to Schedule E-1, Land Use, filed as Exhibit 65 in these proceedings.
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[29] Attachment 5 shows the changes to Volume 3 Map 1, filed as Exhibit 66 in these proceedings.
[30] A strong economic base with the identification of employment opportunities and the protection of employment lands are matters that are identified in as being of provincial interest in s. 2 of the Planning Act, R.S.O. 1990, c. P. 13 (“Act”) and in both the Provincial Policy Statement (“PPS”) and the Growth Plan for the Greater Golden Horseshoe (“GGH”).
[31] Having reviewed the proposed modifications to the UHOP, and on the evidence of Mr. Lowes, the Board finds that the modifications to the UHOP as set out in Attachments 1- 5 have had appropriate regard for matters of provincial interest as set out in s. 2 of the Act, are consistent with the PPS and conform to the GGH.
[32] The parties have agreed that Paletta is to proceed with an application for a zoning by-law amendment for 212 Glover Road, within 12 months of the date of this decision, in order to implement the intention of these modifications to determine the appropriate amount, type and distribution of development on the 212 Glover Road lands and the consequent possibility of some development being redistributed to part of the 0 Rymal Road East lands.
[33] The parties have advised the Board that the settlement is contingent upon this further application by Paletta and ask that, if the Board is advised that no such application has been made within that time, the Board consider appropriate further steps to finalize this matter.
[34] The parties have asked the Board to withhold its order in this matter for 12 months to enable Paletta to make the agreed upon rezoning application and for the Board to be so advised.
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[35] The Board’s order respecting the modifications to the UHOP that are set out in Attachments 1-5 to this decision is withheld for 12 months or until the Board is advised that Paletta has made an application for a rezoning for 212 Glover Road, whichever is the earliest.
272 First Road West
[36] The UHOP designation of this site, as adopted, was Arterial Commercial.
[37] The MMAH modification changed the designation to District Commercial at the request of the City.
[38] This is a rather unique site.
[39] The District Commercial designation is intended for a site that is surrounded by residential development and is within easy walking distance of that residential development.
[40] This site has large areas that are designated as open space around it. In addition, the site is at the intersection of First Road West and Mud Street West. Mud Street West is a very busy street that is a higher order arterial. As such, some of the use in the Arterial Commercial designation would be appropriate in this location.
[41] The text changes to reflect the few additional uses are found in Attachment 6 to this decision, filed as Exhibit 68 in these proceedings.
[42] The mapping changes to the Nash Neighbourhood Secondary Plan Map B.7.5-1 are found in Attachment 7, filed as Exhibit 68 in these proceedings.
[43] The Board finds that the proposed modifications set out in Attachments 6 and 7 result in a more appropriate set of uses for this site, have had regard for the matters of
12 PL110331 et al provincial interest as set out in s. 2 of the Act, are consistent with the PPS and conform to the GGH.
ORDER
[44] The Board orders that the appeal by Paletta International Corporation regarding 272 First Road West is allowed in part and the City of Hamilton Urban Hamilton Official Plan is modified in accordance with Attachment 6 and Attachment 7 to this decision.
“Susan de Avellar Schiller”
SUSAN de AVELLAR SCHILLER VICE-CHAIR
Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
Case No. PL110331
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Urban Hamilton Official Plan Legend Volume 3 : Map H-8 Area Specific Policies
UH-4
Not To Scale
Date: Sep. 23, 2014 PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT C Teranet Land Information Services Inc. and its licensors. [2009] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY Settlement Paletta International Corporation Urban Hamilton Official Plan (PL110331) – Group 2
0 Rymal Road and Part of 212 Glover Road
Volume 3, Chapter B – Area Specific Policies
“UH-4 Lands located on Part of 0 Rymal Road and 212 Glover Road, former City of Hamilton and Former Town of Glanbrook
1.0 Area Specific UH-4, shown on Map H-8 includes the lands located at 0 Rymal Road East identified as Parcels A and A1and lands located on part of 212 Glover Road and identified as Parcel B. The following policies shall apply to UH-4:
Area A
a) In addition to Policy E.4.8.2 of Volume 1, and notwithstanding Policy E.4.8.3 b) and d) of Volume 1, the following uses shall be permitted on Area A:
i) retail stores;
ii) hardware stores, beer stores, LCBO stores and drugstores;
iii) banks, financial institutions and personal services;
iv) offices;
v) food stores;
vi) stores primarily selling apparel, housewares, electronics, sporting goods, or general merchandise.
b) The maximum total combined gross floor area of retail uses in a) i), v) and vi) above shall not exceed 10,000 square metres on Area A.
c) Office uses on Area A permitted in a) iv) above shall not exceed a combined total of 2,000 square metres of gross floor area.
Area A1
d) A zoning by-law amendment application for commercial uses for any portion of lands within Area A1 shall not be deemed complete, and no official plan amendment shall be undertaken, until the studies for Area B described in j) have been completed and approvals received in accordance with k) below. The purpose of these studies is for determining the total developable area on Area B (part of 212 Glover Road).
Settlement Paletta International Corporation Urban Hamilton Official Plan (PL110331) – Group 2
e) In the event that the developable lands on Area B is in excess of the developable area of Area A, additional lands on Area A1 shall be re- designated to “Arterial Commercial” on Volume 1, Schedule E-1 – Urban Land Use Designations through an administrative amendment to create a developable Arterial Commercial designation equivalent to the developable area on Area B.
f) Redesignation of lands on Area A1 from “Employment-Business Park” to “Arterial Commercial” shall not be considered conversion of employment lands and shall not require a Municipally Initiated Comprehensive Review.
g) If the developable area on Area B is greater than the combined land area of Areas A and A1, the total area to be designated “Arterial Commercial” shall be no larger than the combined areas of Areas A and A1.
h) The permitted uses on any lands designated “Arterial Commercial” on Area A1 shall be those uses listed in a) above.
i) The cap on total combined retail area specified in b) above shall be applied across the combined lands designated “Arterial Commercial” on Areas A and A1.
Area B
j) Studies on Area B are required to determine the total developable area for Area B. Prior to deeming any development application for Area A1 complete, studies, investigations and/or reports on Area B lands shall be required by the City. These studies may generally include but may not be limited to the following:
i) Floodplain mapping ii) Mender belt assessment iii) Headwater tributary assessment iv) Environmentally Sensitive Areas buffer assessment v) Karst assessment vi) Stormwater management report vii) Fisheries setback viii) Species at Risk assessment
k) The studies completed in j) above shall be to the satisfaction of the City.” Case N0. PL110331 PARKSIDE DR APPEALS
EVANS RD KERNS RD The southern urban boundary that generally extends from Upper Centennial Parkway and Mud Street East in the east, following the hydro corridor and encompassing the Red Hill Business Park, the Mount Hope area, and the Airport ROBSON RD CONCESSION 7 E Business Park, and following Twenty Road and Garner Road to Fiddlers Green Road in the west remains under appeal.
CONCESSION 6 E CENTRE RD BOULDING Lands Under Appeal 5 E AVE KING RD GARDEN LN SSION - 17, 20, 22, 26, 28, 58 and 60 Ewen Road, 5 Offield Road and 20 Rifle Range Road (AWW Lands)
CONCE FIRST AIN BROW RD ST MILL ST Lake Ontario MOUNT MAIN ST N HAMIL TON ST
BRAEHEID AVE 5 Lands Subject to Non-Decision 117 PARKSIDE DR (43 Lloyd Street) BEACH BLVD HOLLYBUSH DR Hamilton Harbour Lands Subject to Non-Decision 116 QEW 6 (495 Wentworth Street North)
QEW DUNDAS ST Lands Subject to Non-Decision 117 (a)
LEWIS RD CONCESSION 5 W WINONA (353 James Street North) MCNEILY RD GLOVER RD
WOODW FRUITLAND RD RD Legend MILLGROVE SIDE RD RDFIFTY PARKDALE QEW
RD R AVEARD ARVIN AVE BARTON ST
YORK BLVD DR JONES RD Urban Structure Elements INDUSTRIAL NASH RD N OLD GUELPH RD KENILWORTH AVE N ROCK CHAPEL DEWITT RD
CONCESSION 4 W AVE N MILLEN RD PATTERSON OTTAWA N ST BARTON ST E AEAVEGAGE N VALLEY BURLINGTON ST GREEN RD SHERMAN Neighbourhoods
WENTWORTH ST N VICT GRAYS RD 8 WELLINGTON ST N
RD JOHN ST N RD JAMES ST N CEN YORK RD BAY ST N ORIA SYDENHAM RD BARTON ST E BIRCH
TEN AVE N Employment Areas AVE OFIELD RD Lands Subject to Non-Decision 112 AVE N ANNIA ELEVENTH RD BRIT RHVP PKW NIAL RIDGE RD AVE 8 5 (606 Aberdeen Avenue) TENTH RD CANNON ST E ON RD BARTON ST W EIGHTH RD E Major Activity Centres QUEEN ST N QUEENST AVELAKE YORK BL NASH RD S MAIN ST E KING ST E Lands Subject to Non-Decision 115 VD CANNON ST W WILSON ST Y KING ST E OTTAWA S ST MOXLEY RD LONGWOOD RD PARADISE RD AVEGAGE S MACKLIN ST RIDGE RD (56 Governor’s Road) MAIN ST E
YORK RD Major Open Space SYDENHAM RD KING ST W TAPLEYT
JAMES ST S JOHN ST S AVE KING ST E MAIN ST W CUMBER LAND DUNDURN ST S QUEEN ST S LAWRENCE RD MOUNT ALBION
OWN RD OFIELD RD STBAY S Nodes
MOUNT RD COOTES DR CONCESSION ST STERLING KING ST W Downtown Urban Growth Centre FALLSVIEW RD E ST
UPPER OTT SHERMAN AC AIN BROW BL AIN RD E UPPER GAGE
YORK RD DR OLYMPIC ABERDEEN GREEN MOUNT
MAIN ST W AVE QUEENSDALE AVEUPPER WENTWORTH ST UPPER WELLINGT Sub Regional Service HARVEST RD EMERSON ST UPPER JAMES ST AIN RD FENNELL AVE SECOND RD E THIRD RD ELEVENTH RD E W ST AWA GREEN MOUNT KING ST W KING ST E MUD ST EAST TOWN LINE RD UPPER KENIL VD GRANT BECKETT DR TENTH RD E AVE
DUNDAS ST BLVD FENNELL AVE W EIGHTH RD E OSLER DR WEST 5TH ST SEVENTH RD E Community MILL ST UPPER SHERMAN
SIXTH UPPER P UPPER CENTENNIAL GARTH ST RHVP WK RD E FIFTH RD E 8 MOHA MUD ST E WHITNEYAVE SCENIC DR ON ST RD E Corridors 403 WORTH ST HIGHLAND RD FIRST RD E
ARADISE RD S NINTH RD E MAIN ST W MUD ST FIRST W RD Primary
SCENIC DR AVE WEIRS LN GOVERNOR'S RD RD HIGHLAND RD E UPPER MOUNT Secondary WK RD W LIMERIDGE RD LINC D PKWY OWN LINE R MOHA SOUTH T TURNBULL UPPER HORNING RD PARAMOUNT DR HIGHLAND RD W PRITCHARD RD Potential Expansion of DARTNALL 20 WILSON ST E LINC Secondary Corridor OLD DUNDAS RD
BINKLEY RD STONE CHURCH RD E ALBION RD SULPHUR SPRINGS RD RYMAL RD STONE CHURCH RD W RD STONE CHURCH RD Other Features GARTH ST
MEADOWLANDS GOLF LINKS RD RYMAL RD E MCNIVEN RD BLVD Rural Area LIONS CLUB RD NEBO RD GLOVER RD RYMAL RD W ST JAMES UPPER
MILES RD
FLETCHER RD
WESTBROOK RD SPRINGBROOK John C. Munro 56 SPRINGS RD Hamilton International Airport GOLF CLUB RD MINERAL KITTY MURRA AVE
STONEHENGE DR RD E TRINITY GARNER ROAD E TWENTY HENDERSHOT RD LN SLOTE RD Niagara Escarpment Y RD W CHURCH RD TWENTY FIDDLER'S GREEN RD Urban Boundary Lands Subject to Non-Decision 118 DICKENSON RD E 403 (2012 Upper James Street) Lands Subject to Non-Decision 114 Municipal Boundary SOUTHCOTE RD GLANCASTER RD GUYATT RD DICKENSON RD W (See Part D) WOODBURN RD WILSON ST W 6 Lands Subject to Non Decision SMITH RD 113 West Harbour Setting Sail NEBO RD
E RD W ENGLISH CHURCH RD E GARNER ROAD W BOOK RD E 52 JERSEYVILL Council Adoption: July 9, 2009 Ministerial Approval: March 16, 2011 HOMESTEAD Effective Date: August 16, 2013 FIDDLER
AIRPORT RD E BINBROOK RD 'S GREEN RD
AVE 56 Urban Hamilton Official Plan BOOK RD W Schedule E
6 Urban Structure TYNESIDE RD KIRK RD WOODBURN RD WHITE CHURCH RD E
MILES RD
SHAVER RD
TRIMBLE RD
FERRIS RD WHITE CHURCH RD W
WILSON ST W TRINITY RD HARRISON RD RD BUTTER RD BELL GLANCASTER RD BERR Not To Scale 6 CHIPPEWA RD E YRD Date: Sep. 23, 2014 PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT A RD W CARLUKE RD CHIPPEW C Teranet Land Information Services Inc. and its licensors. [2009] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY Case No. PL110331MILBUROUGH APPEALS TOWN LINE Key Map The southern southern urban urban boundary boundary that that generally generally extends extends from from Upper Upper Centennial Centennial Parkway Parkway and Mud and Street Mud East in the east, N.T.S. Detail InsetWYATT RD Streetfollowing East the in hydro the east, corridor following and encompassingthe hydro corridor the and Red encompassing Hill Business Park, the Red the Hill Mount Business HopePark, area, and the Airport Businessthe Mount Park, Hope and area, following and the Twenty Airport Road Business and Garner Park, Road and followingto Fiddlers Twenty Green Road in and the Garner west remains Road under appeal. PARKSIDE DR 7 E Landsto Fiddlers Under Green Appeal Road in the west remains under appeal. Lands Under Appeal EVANS RD KERNS RD - 17, 20, 22, 26, 28, 58 and 60 Ewen Road, 5 Offield Road and 20 Rifle Range Road (AWW Lands) Rural CONCESSION
ROBSON RD Urban
BOULDING AVE KING GARDEN LN RD CENTRE RD
Detail Inset FIRST AIN BROW RD ST MILL ST MOUNT 6 E MAIN ST N Note: For Rural Land Use Designations, refer HAMIL Lake Ontario TON ST to Schedule D of the Rural Hamilton
CONCESSION Lands Subject to Non-Decision 117 Official Plan.
BRAEHEID (43 Lloyd Street) CONCESSION 5 E AVE PARKSIDE DR 5 Lands Subject to Non-Decision 116 BEACH BLVD HOLL YBUSH DR (495 Wentworth Street North) Legend Hamilton Harbour QEW Lands Subject to Non-Decision 117(a) Neighbourhoods 6 (353 James Street North) CONCESSION 5 W QEW Open Space
DUNDAS ST
LEW
MCNEIL
WINONA
GLOVER RD IS RD Institutional FRUITLAND RD YRD
WOODW
RD
MILLGROVE SIDE RD FIFTY GRAYS RD PARKDALE QEW ARD AVE Utilitiy ARVIN RD NRD BARTON ST YORK BL DR JONES RD INDUSTRIAL AVE NASH RD N
ROCK CHAPEL DEWITT OLD GUELPH RD AVE N E
MILLEN RD CONCESSION 4 W OTTAWA N ST KENIL TON ST Commercial and Mixed Use Designations PATTERSO ON ST BAR GAGE GREEN RD VD BURLINGT SHERMAN AVE N RD
WENTWORTH N ST VICT WOR YORK RD RD WELLINGT 8
AVE N
JOHN ST JAMES ST ORIA BAY ST N AVE N TH Downtown Mixed Use Area
BIRCH AVE
Lands Subject to Non-Decision 112 AVE N ON N ST BARTON ST E AVE N BRITANNIA ELEVENTH RD N RIDGE RD SYDENHAM(606 RD Aberdeen Avenue) RHVP 8 Mixed Use - High Density TENTH RD 5 BARTON ST W CANNON ST E EIGHTH RD E QUEEN ST ON RD AVELAKE E W E QUEENST NASH RD S
MAIN ST CENTENNIAL PKWY YORK BL CANNON ST E KING ST VD WILSON ST KING ST Mixed Use - Medium Density OTTAWA S ST
GAGE SYDENHAM RD LONGWOOD RD E RIDGE RD PARADISE RD N MACKLIN ST MAIN ST
YORK RD
KING ST W TAPLEYT
AVE S JOHN ST
OFIELD RD JAMES ST QUEEN ST KING ST E AVE GREENHILL District Commercial MAIN ST W S ST BAY CUMBER LAND DUNDURN ST
LAWRENCE RD MOUNT ALBION
OWN RD W AC QUIGLEY AC SHERMAN S
S S SHERMAN RIDGE RD AVE Arterial Commercial KING ST CONCESSION ST MOUNTAIN BROW BLVD STERLING RD CO ST
OLYMPIC DR OLYMPIC Employment Area Designations OTES DR S
UPPER OTT AIN RD E W RD FALLSVIEW RD E YORK RD AVE RD ABERDEEN GREEN MOUNT MAIN ST UPPER WENTWORTH ST
UPPER WELLINGT HARVEST COOTES DR UPPER JAMES ST
EMERSON ST SECOND RD E FENNELL AVE ELEVENTH RD E W ST AWA GREEN MOUNTAIN RD THIRD RD KING ST KING ST E W MUD ST EAST TENTH RD E Industrial Land GRANT BECKETT DR UPPER KENIL DUNDAS ST BLVD AVE W OSLER DR FENNELL EIGHTH RD E SEVENTH RD E 8 MILL ST UPPER AVEGAGE TOWN LINE RD
UPPER SHERMAN
UPPER P MOHAWK RD E SIXTH E RD ON ST RHVP UPPER CENTENNIAL PKWY NEY E FIFTH RD E MUD ST Business Park
WHITAVE SCENIC DR WOR GOVERNOR'S RD 403 ARADISE RD S HIGHLAND RD TH ST FIRST MUD ST NINTH RD E MAIN ST W Airport Business Park ET5THWEST ST
DERD AVE FIRST W RD SCENIC DR
W STGARTH EIRS LN MUD ST W HIGHLAND RD E UPPER MOUNT DR Shipping & Navigation LLRD LIMERIDGE RD LINC WK RD W TOWN LINE RD NBU SOUTH MOHA PARAMOUNT TUR HIGHLAND RD W UPPER HORNING RD
PRITCHARD RD DARTNALL 20 WILSON ST E LINC ALBION RD Other Features OLD DUNDAS RD STONE CHURCH RD E
RD RYMAL RD STONE CHURCH RD W Rural Area Lands Subject to Non-Decision 115 STONE CHURCH RD
(56 Governor’s Road) MEADOWLANDS Lands Subject to Non-Decision 114
MOHAWK RD RDNEBO SULPHUR SPRINGS RD GOLF LINKS RD RYMAL RD E John C. Munro BLVD (See Part D) MCNIVEN RD GLOVER RD Hamilton International Airport BINKLEY RYMAL RD W LIONS CLUB RD MILES RD
WESTBROOK RD SPRINGBROOK GOLF CLUB RD RD SPRINGS RD Niagara Escarpment MINERAL Lands Subject to Non-Decision 111 KITTY MURRAY LN AVE WOODBURN RD STONEHENGE DR RD E (ORC Lands) GARNER ROAD E TWENTY HENDERSHOT RD SOUTHCOTE RD Urban Boundary
UPPER JAMES ST TWENTY RD W Municipal Boundary FIDDLER SMITH RD 56 'S GREEN RD Lands Subject to Non-Decision 118 Lands Subject to Non Decision 113 West (2012 Upper James Street) DICKENSON RD E Harbour Setting Sail W 403 NEBO RD GUYATT RD DICKENSON RD W 6 TRINITY WILSON ST Council Adoption: July 9, 2009 SMITH RD
CHURCH RD Ministerial Approval: March 16, 2011
FLETCHER RD RD W ENGLISH CHURCH RD E Effective Date: August 16, 2013 BOOK RD E
JERSEYVILLE GARNER ROAD W Urban Hamilton Official Plan
HOMESTEAD
GLANCASTER RD
FIDDLER BINBROOK RD AIRPORT RD E 'S GREEN RD Schedule E-1
AVE AIRPORT RD W BOOK RD W Urban Land Use Designations 52
6 TYNESIDE RD KIRK RD WOODBURN RD WHITE CHURCH RD E
MILES RD
W SHAVER RD
TRIMBLE
FERRIS RD WHITE CHURCH RD W
WILSON ST TRINITY RD HARRISON RD 56 BELL RD BUTTER RD RD GLANCASTER RD BERR Not To Scale 6 CHIPPEWA RD E YRD Date: Sep. 23, 2014 A RD W CARLUKE RD CHIPPEW PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT © Teranet Land Information Services Inc. and its licensors. [2009] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY APPEAL PARKSIDE DR The southern urban boundary Case No. PL110331 EVANS RD KERNS RD that generally extends from Upper Centennial Parkway CONCESSION 7 E ROBSON RD and Mud Street East in the
CONCESSION 6 E CENTRE RD BOULDING 5 E east, following the hydro AVE UF-2 KING RD corridor and encompassing GARDEN LN SSION the Red Hill Business Park, CONCE FIRST AIN BROW RD ST the Mount Hope area, and the MILL ST MOUNT MAIN ST N Airport Business Park, and HAMIL TON ST following Twenty Road and Garner Road to Fiddlers
BRAEHEID Lake Ontario Green Road in the west AVE 5 remains under appeal – see PARKSIDE DR BEACH BLVD HOLLYBUSH DR UH-2 illustration on Schedules E Hamilton Harbour and E-1, Volume 1 QEW 6
UF-1 QEW DUNDAS ST
LEWIS RD USC-3 CONCESSION 5 W WINONA MCNEILY RD USC-4 GLOVER RD
WOODW
FRUITLAND RD RD
MILLGROVE SIDE RD RDFIFTY PARKDALE QEW
RD R AVEARD ARVIN AVE BARTON ST
YORK BLVD DR JONES RD INDUSTRIAL NASH RD N OLD GUELPH RD KENILWORTH AVE N DEWITT RD ROCK CHAPEL CONCESSION 4 W AVE N MILLEN RD PATTERSON OTTAWA N ST BARTON ST E AEAVEGAGE N VALLEY BURLINGTON ST GREEN RD USC-3 SHERMAN
WENTWORTH ST N VICT UH-1f GRAYS RD 8 WELLINGTON ST N UH-1a JOHN ST N RD JAMES ST N CEN BAY ST N ORIA UH-1e RD YORK RD BARTON ST E SYDENHAM RD BIRCH UH-1b TEN AVE N AVE OFIELD RD AVE N ANNIA ELEVENTH RD UH-1c BRIT RHVP PKW NIAL RIDGE RD AVE 8 5 TENTH RD CANNONUH-1d ST E ON RD BARTON ST W EIGHTH RD E QUEEN ST N QUEENST AVELAKE YORK BL NASH RD S MAIN ST E KING ST E VD CANNON ST W WILSON ST Y KING ST E OTTAWA S ST MOXLEY RD LONGWOOD RD PARADISE RD AVEGAGE S MACKLIN ST RIDGE RD SYDENHAM RD MAIN ST E
YORK RD
KING ST W TAPLEYT
JAMES ST S OFIELD RD JOHN ST S AVE KING ST E MAIN ST W CUMBER LAND DUNDURN ST S QUEEN ST S LAWRENCE RD MOUNT ALBION
OWN RD A STBAY S
MOUNT RD COOTES DR CONCESSION ST STERLING KING ST W FALLSVIEW RD E ST
UPPER OTT SHERMAN AC AIN BROW BL AIN RD E UPPER GAGE
YORK RD DR OLYMPIC ABERDEEN GREEN MOUNT
MAIN ST W AVE QUEENSDALE AVEUPPER WENTWORTH ST
UPPER WELLINGT
HARVEST RD EMERSON ST UPPER JAMES ST AIN RD FENNELL AVE SECOND RD E THIRD RD ELEVENTH RD E W ST AWA GREEN MOUNT KINGUD-1 ST W KING ST E MUD ST EAST TOWN LINE RD
UD-5 VD TENTH RD E GRANT BECKETT DR AVE UD-2 DUNDAS ST BLVD FENNELL AVE W EIGHTH RD E OSLER DR WEST 5TH ST SEVENTH RD E MILL ST UD-6 UPPER SHERMAN
WK RD E SIXTH UD-3 UPPER P MOHA UPPER CENTENNIAL GARTH ST RHVP 8 UD-7 MUD ST E FIFTH RD E WHITNEYAVE SCENIC DR ON ST UD-4 RD E 403 MUD ST HIGHLAND RD FIRST RD E
ARADISE RD S NINTH RD E
MAIN ST W
FIRST W RD
SCENIC DR AVE WEIRS LN RD UH-1g HIGHLAND RD E GOVERNOR'S RD UPPER MOUNT USC-2 WK RD W LIMERIDGE RD LINC D PKWY OWN LINE R MOHA SOUTH T TURNBULL UPPER HORNING RD PARAMOUNT DRHIGHLAND RD W
PRITCHARD RD
DARTNALL 20 WILSON ST E LINC
OLD DUNDAS RD
ALBION RD Legend BINKLEY RD STONE CHURCH RD E SULPHUR SPRINGS RD USC-1 RYMAL RD STONE CHURCH RD W RD STONE CHURCH RD Refers to Urban Area Specific GARTH ST U- USC-2 Policy Area #,Volume 3, MEADOWLANDS GOLF LINKS RD UH-3 RYMAL RD E Chapter B MCNIVEN RD BLVD LIONS CLUB RD NEBO RD UH-4 GLOVER RD RYMAL RD W Other Features MILES RD
PE AE ST JAMES UPPER WESTBROOK RD SPRINGBROOK 56 SPRINGS RD GOLF CLUB RD Rural Area MINERAL KITTY MURRA AVE STONEHENGE DR RD E GARNER ROAD E TWENTY HENDERSHOT RD LN SLOTE RD Y RD W TWENTY
FLETCHER RD John C. Munro UA-1FIDDLER'S GREEN RD GLANCASTER RD Hamilton International Airport
UA-2 TRINITY Niagara Escarpment SOUTHCOTE RD DICKENSON RD E
UA-3 NEBO RD 403 CHURCH RD GUYATT RD DICKENSON RD W WOODBURN RD Urban Boundary WILSON ST W 6
SMITH RD Municipal Boundary
E RD W ENGLISH CHURCH RD E GARNER ROAD W BOOK RD E 52 JERSEYVILL Council Adoption: July 9, 2009
HOMESTEAD Ministerial Approval: March 16, 2011 UA-4 Effective Date: August 16, 2013 FIDDLER
AIRPORT RD E BINBROOK RD 'S GREEN RD
AVE 56 Urban Hamilton Official Plan BOOK RD W Volume 3: Map 1
6 Area Specific Policies Key Map TYNESIDE RD KIRK RD WOODBURN RD WHITE CHURCH RD E
MILES RD
SHAVER RD
TRIMBLE RD
FERRIS RD WHITE CHURCH RD W
WILSON ST W TRINITY RD HARRISON RD RD BUTTER RD BELL GLANCASTER RD BERR Not To Scale 6 CHIPPEWA RD E YRD Date: Sept. 18/14 PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT A RD W CARLUKE RD CHIPPEW C Teranet Land Information Services Inc. and its licensors. [2009] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY Settlement Paletta International Corporation Urban Hamilton Official Plan (PL110331) – Group 2
272 First Road West
Volume 2, Chapter B – Secondary Plans, Section B.7.5 – Nash Neighbourhood
“Site Specific Policy - Area F
7.5.14.6 For lands shown as Site Specific Policy - Area F on Map B.7.5-1 – Nash Neighbourhood – Land Use Plan, the following policies shall apply:
a) In addition to the uses permitted in Section E.4.8 of Volume 1, District Commercial uses specified in Policy E.4.7.2 shall also be permitted.
b) In addition to a) above, libraries shall be permitted.
c) Notwithstanding Volume 1, Policy E.4.8.2 c), theatres shall be permitted.
d) The provisions of Volume 1, Section E.4.7 shall apply to District Commercial uses.
e) Volume 1, Policy E.4.7.2 b) shall not apply.”
Case No. PL110331 Legend
Residential Designations
Low Density Residential 2
Low Density Residential 2h
Medium Density Residentail 2
SWM Medium Density Residential 3 Commercial and Mixed Use Designations
Local Commercial
AVE ILL Arterial Commercial ENH GRE SWM Parks and Open Space Designations
Neighbourhood Park
Community Park
General Open Space
Natural Open Space
Other Designations
Institutional
Utility
SWMW Storm Water Management
GREEN MOUNTAIN RD W Other Features
Area or Site Specific Policy
Flood Plains
Hedge Row
SWM U A
P Gateway
P
E
R
C
E Trail_Links
N
T
E
N N
I Proposed Road Realignment
A
L
P K
W Escarpment Y
Proposed Roads
Secondary Plan Boundary
Council Adopted: July 9, 2009
Ministerial Approval: March 16, 2011
F I
R Effective Date: August 16, 2013
S
T
R
D
W Urban Hamilton Official Plan Nash Neighbourhood Secondary Plan Land Use Plan Map B.7.5-1
MUD ST W
Not To Scale
Date: Sep. 23, 2014 ISAAC BROCK DR N PLANNING & ECONOMIC DEVELOPMENT DEPARTMENT C Teranet Land Information Services Inc. and its licensors. [2009] May Not be Reproduced without Permission. THIS IS NOT A PLAN OF SURVEY