RE: ERO File No: 019-5732…

RE: ERO File No: 019-5732
Municipal Comprehensive Review / Official Plan Review – Phase 1 Amendments to the Urban Hamilton Official Plan and Rural Hamilton Official Plan/ Whitebelt Lands

On behalf of the Upper West Side Landowners Group (UWSLG) (formerly Twenty Road West Landowners Group), Corbett Land Strategies Inc. (CLS) wishes to submit this letter in response to the City of Hamilton Municipal Comprehensive Review Draft Official Plan Amendment, currently under review by the Ministry of Municipal Affairs and Housing.

At the November 19th, 2021, GIC meeting, Planning Staff presented the results of the final LNA and peer review which advised that the City had a surplus of approximately 60 ha of employment land. Staff presented a recommendation of adopting the Ambitious Density Growth Scenario which would result in an urban boundary expansion of 1,340 ha. At the following meeting, direction was provided by the GIC that a “No Urban Boundary Expansion” growth option be advanced and approved. City Council subsequently adopted UHOP Draft OPA No. 167, which has since been forwarded to the Ministry of Municipal Affairs for ministerial approval.

This submission is intended to provide further information to Ministry in consideration of the City’s OPA which has been adopted to reflect provincial policy and accommodate population and job growth to the year 2051, as part of the City of Hamilton’s Municipal Comprehensive Review. The UWSLG is a formalized group with cost sharing agreements in place for both hard and soft costs, allowing for the group to deliver housing on an immediate basis if approved into the Urban Boundary.

UHOP Draft OPA No. 167

On behalf of UWSLG, CLS has conducted a review of the draft OPA and determined the following high-level comments and recommendations. Please refer to Appendix A for a detailed analysis of the draft OPA:

• The City’s decision to implement a ‘No Urban Boundary Expansion’ growth management strategy
has resulted in updates to the intensification targets, density targets as well as the expansion of permitted uses all intended to accommodate the City’s forecasted growth within the current built-up area.

• Through the ‘No Urban Boundary Expansion’ growth strategy, the City is seeking to achieve a minimum of 80% of all residential development to occur within it’s built-up area. The City advises that this would equate to approximately 88,280 units to be accommodated within the built-up boundary between 2021 and 2051. This strategy is at odds with the recommendations of City staff and the City’s consultant which determined that based on current market conditions, residential intensification is approximately 35% between 2008-2019 (City of Hamilton Residential Intensification Market Demand Analysis, March 2021). There is no market based evidence as required by provincial policy that the built up area will accommodate 80% of all required housing development.

• The decision to endorse a ‘No Urban Boundary Expansion Scenario’ challenges the recommendations put forth by City staff and the City’s consultant. The City’s consultant determined that approximately 1,340 to 3,440 ha of community land would be required to accommodate forecasted growth. Further, they determined that growth could be accommodated through an Ambitious Scenario of 1,340 ha which would include a progress 50%/60%/70% intensification to ensure a balanced land supply (City of Hamilton Land Needs Assessment to 2051 Technical Working Paper – Summary of Results, March 2021). In accordance with staff report PED17010(I), Staff recommended Council adopt the “Ambitious Density” scenario, as identified in the Land Needs Assessment.

• The City has proposed policy (B.2.2.2) which limits urban boundary expansions to be permitted only through a municipal comprehensive review. This policy is not in conformance with provincial policy which allows for minor adjustments to the urban boundary in advance and outside of a municipal comprehensive review. It is strongly recommended that policy be included within the draft OPA, which allow urban boundary expansions in accordance with provincial policy.

• The City has proposed policy (B.2.2.3) which prohibits the expansions of urban area of 40 hectares or less, despite the permission to do so established within the Growth Plan (Sec. 2.2.8.5 and 2.2.8.6).

• In addition, what is not proposed to be updated within this OPA, is Section C, 4.8 Airport. In Table C.4.8.1. the requirements for development within the vicinity of the John. C Munro Airport are provided. This table includes recommendations for development within the Noise Exposure Forecasts 25 – 35. According to the City’s policies, the development of sensitive land uses can not be permitted within the 28 NEF. This table does not follow provincial policy whereas Section 1.6.9.2 of the PPS states that new residential development and other sensitive land uses in areas near airports above 30 NEF are prohibited. Also, that development such as redevelopment or infilling of residential land uses and other sensitive land uses in area above NEF 30 can occur but must demonstrate that there will be no negative impacts on the long-term function of the airport.

• Moreover, the City is proposing to maintain the existing NEF contour mapping (Appendix D). The NEF contours identified on Appendix D – Noise Exposure Forecast Contours and Primary Zoning Regulation Area are outdated as they reflect the contours from before 2010. Moreover, the City’s Airport Master Plan (2010) provides documentation for NEF contours for 2015 – 2025 where the NEF contours have reduced in size due to improvements in aircraft technology and expansion improvements to the airport (i.e. runways etc.).

CONCLUSION

It is the hope of the UWSLG that the above comments will assist in their review of Draft OPA No.167. Should there be any questions or a need for further information, feel free to reach out to the below.

Sincerely,
John Corbett

John B. Corbett, MCIP, RPP
President
Corbett Land Strategies Inc.
john@corbettlandstrategies.ca
416-806-5164

Appendix A is attached to the pdf that has been submitted to ERO contact Erica Ivanic.