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To Amend Zoning By-law No. 05-200 Respecting Downtown Zones & New Utility (U2) Zone

18-114-LPAT-02 Attachment 2

The Tribunal Orders that the Maximum Building Height for a portion of the Fengate land is further amended from 71 metres to 94.2 metres on Figure 1 of Schedule “F” – Special Figures of Zoning By-law No. 05-200, as amended by Zoning By-law No. 18-114, as shown on Exhibit C to Exhibit 1 and found at Attachment 2 to this Decision.

LPAT Case No. PL180548
LPAT File No. PL180549

The Tribunal Orders as follows:

1. The appeals by Brown Wharf Development Corp and Southwest Crossing Ltd. With respect to the properties located at 215, 217, 219, 221, 225 and 231 Main Street West and 67 and 69 Queen Street South, Hamilton are allowed, in part, and:
   a) Urban Hamilton Official Plan Amendment 102 is amended for the Subject Lands in accordance with the Official Plan Amendment attached as Schedule 1 to this Order; and
   b) City of Hamilton Zoning by-law Amendment 18-114 is amended for the Subject Lands in accordance with the Zoning By-law Amendment attached as Schedule 2 to this Order.  The Tribunal authorizes the municipal clerk of the City of Hamilton to assign a number to this by-law for record keeping purposes.
2. With respect to the Subject Lands, the parts of OPA 102 and ZBL 18-114 that are not amended by this Order and were not previously deems in force by the Tribunal's Order dated August 14, 2019 are deemed to come into force for the Subject Lands: a) For OPA 102, on March 15, 2023, pursuant to subsection 17(30.1) of the Planning Act; and
   b) For ZBL 18-114, on the day ZBL 18-114 was passed, being May 9, 2018, pursuant to subsection 34(3) of the Planning Act.
3. Pursuant to the withdrawal by the Appellant of its appeals of OPA 102 and ZBL 18-114 for the lands known municipally as 62 and 64 Hess Street South, Hamilton:
   a) In accordance with subsection (17(30.1) of the Planning Act, OPA 102 shall come into force without modifications for said lands as of March 15, 2023; and
   b) In accordance with subsection 34(30) of the Planning Act, ZBL 18-114 shall come into force without medications for said lands as of May 9, 2018.

OLT Case Nos. OLT-22-002191; OLT-22-002195

Legacy Lead Case No. PL180548

The Tribunal orders that Zoning By-law No. 18-114 is deemed to have come into force on the day that it was passed, being May 9, 2018, except on the properties for which Zoning By-law No. 18-114 remains under appeal, namely:

• 215, 217, 219, 221, 225 and 231 Main Street West, 67 and 69 Queen Street South, 62 and 64 Hess Street South; and
• 44 Hughson Street South, 75 James Street South, and 9 Jackson Street East.

LPAT Case No. PL180548

The Tribunal Orders that the Building Base Façade Height for the Hughson Street frontage of the Fengate lands is further amended from 7.5 metres to 11.0 metres on Figure 15 of Schedule “F” – Special Figures of Zoning By-law No. 05-200, as amended by Zoning By-law No. 18-114, as shown on Exhibit D to Exhibit 1 and found at Attachment 3 to this Decision.

LPAT Case No. PL180548
LPAT File No. PL180549

As amended by By-law No. 18-114, respecting lands located at 62 and 64 King Street East, Hamilton. ZAH-20-031

As amended by By-law 18-114 Respecting Lands Located at 154 Main Street East and 49 Walnut Street South. ZAR-17-074/ UHOPA-18-018

As amended by By-law No. 18-114, Respecting Lands Located at 154 Main Street East and 49 Walnut Street South. UHOPA-18-018 / ZAR-17-074

The Tribunal Orders as follows:

1. The appeals by Brown Wharf Development Corp and Southwest Crossing Ltd. With respect to the properties located at 215, 217, 219, 221, 225 and 231 Main Street West and 67 and 69 Queen Street South, Hamilton are allowed, in part, and:
   a) Urban Hamilton Official Plan Amendment 102 is amended for the Subject Lands in accordance with the Official Plan Amendment attached as Schedule 1 to this Order; and
   b) City of Hamilton Zoning by-law Amendment 18-114 is amended for the Subject Lands in accordance with the Zoning By-law Amendment attached as Schedule 2 to this Order.  The Tribunal authorizes the municipal clerk of the City of Hamilton to assign a number to this by-law for record keeping purposes.
2. With respect to the Subject Lands, the parts of OPA 102 and ZBL 18-114 that are not amended by this Order and were not previously deems in force by the Tribunal's Order dated August 14, 2019 are deemed to come into force for the Subject Lands: a) For OPA 102, on March 15, 2023, pursuant to subsection 17(30.1) of the Planning Act; and
   b) For ZBL 18-114, on the day ZBL 18-114 was passed, being May 9, 2018, pursuant to subsection 34(3) of the Planning Act.
3. Pursuant to the withdrawal by the Appellant of its appeals of OPA 102 and ZBL 18-114 for the lands known municipally as 62 and 64 Hess Street South, Hamilton:
   a) In accordance with subsection (17(30.1) of the Planning Act, OPA 102 shall come into force without modifications for said lands as of March 15, 2023; and
   b) In accordance with subsection 34(30) of the Planning Act, ZBL 18-114 shall come into force without medications for said lands as of May 9, 2018.

OLT Case Nos. OLT-22-002191; OLT-22-002195

Legacy Lead Case No. PL180548