Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 09, 2022

CASE NO(S).: OLT-22-004156

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2691823 Ontario Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Purpose: To permit a six-storey residential apartment building with commercial uses at grade.

Property Address: 442, 450, 454, and 462 Wilson Street East

Municipality: City of Hamilton

Municipal File No.: UHOPA-21-023/ZAC-21-049

OLT Case No.: OLT-22-004156

OLT Lead Case No.: OLT-22-004156

OLT Case Number: 2691823 Ontario Inc. v. Hamilton (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 2691823 Ontario Inc.

Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision

Purpose: To permit a six-storey residential apartment building with commercial uses at grade.

Property Address: 442, 450, 454, and 462 Wilson Street East.

Municipality: City of Hamilton

Municipal File No.: UHOPA-21-023/ZAC-21-049

OLT Case No.: OLT-22-004157

OLT Lead Case No.: OLT-22-004156

Heard: October 20, 2022, by Video Hearing

APPEARANCES:

Parties

Counsel

2691823 Ontario Inc.

Ira Kagan Sarah Kagan

City of Hamilton

Patrick MacDonald

James and Nancy McLeod

Alex Ciccone

Niagara Escarpment Commission

Ken Hare

MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON OCTOBER 20, 2022 AND ORDER OF THE TRIBUNAL

1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. 2691923 Ontario Inc. (“Appellant”) filed appeals against the City of Hamilton (“City”) with respect to their refusal of an Official Plan Amendment (“OPA”) pursuant to s. 22 (7) and a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act. The property is known municipally as 442, 450, 454, and 462 Wilson Street East (“Wilson St”) in the City (“subject lands”).

2Existing on the subject lands are three 1½ storey dwellings converted to commercial uses. The Appellant proposes to retain the existing building at 442 Wilson St, deconstruct and rebuild 450 Wilson St and demolish the existing building at 454 Wilson St. 464 Wilson St is presently vacant.

3The effect of the OPA and ZBA is to permit the development of a six-storey mixed use development comprised of 161 units and commercial uses at grade. The proposed development has a density of 283 units per hectare. Vehicular access is proposed on Rousseaux Street.

4The Affidavit of Service sworn September 27, 2022, is marked as Exhibit 1. No further notice is required.

5The Tribunal has two requests for party status from James and Nancy MacLeod – represented by Alex Ciccone, and the Niagara Escarpment Commission (“NEC”) – represented by Ken Hare. The Tribunal grants both party status requests with consent of the Appellant and the City.

6The Tribunal has four requests for participant status being Klaus Detmar, Ancaster Village Heritage Community – represented by Catherine Palmer, Daniel and Rita Faulkner, and Richard Parascandalo. The Tribunal grants all four participant status requests with consent of the Appellant and the City.

7Mr. Kagan, counsel for the Appellant, provided background information with respect to the application for the benefit of the Tribunal and all present. Mr. Kagan advised the Tribunal that the Appellant has had considerable discussion with the City and NEC with respect of the Procedural Order (“PO”) and has reached out to Mr. Ciccone once he was aware of his representation. The content of the PO has been agreed to save and except the finalization of Issues for the Issues List from the City and Mr. Ciccone’s client. Hence, all parties are confident as to the length of a merits hearing and the witnesses that will be required.

8Mr. MacDonald advised the Tribunal that he has received instructions from his client and staff capacity is the reason the City has not provided an Issues List to the Appellant.

9Mr. Kagan asked the Tribunal for the following considerations as a go forward strategy with respect of this matter:

1. The scheduling of a 12-day merits hearing;
2. Parties provide the Appellant with their Issues to be included in the PO’s Issues List by November 30, 2022; and
3. The Appellant will consolidate and circulate a final draft of the PO to all parties for comment and all participants for information. Mr. Kagan will then provide to the Tribunal a final draft PO for review and approval in early December 2023.

10All parties consented to the three requests and are confident that they can meet the suggested time frames. It is noted that all parties have been cooperative and are working together to provide the necessary components of a PO in a timely fashion. Also, once the issues lists have been presented parties will attempt to scope issues or find settlement in an effort to reduce hearing time. Therefore, the Tribunal has the necessary comfort that the go forward strategy suggested by Mr. Kagan is appropriate in this proceeding. The PO will be issued administratively once reviewed and approved.

11Tribunal-led mediation is offered and discussed. All parties noted they will continue to work together in an effort to scope or reduce issues and are of the opinion that such mediation is premature at this juncture. Parties are advised they may ask for Tribunal led mediation at their convenience.

TRIBUNAL DISPOSITON

12The Tribunal is prepared to grant party status to James and Nancy MacLeod – represented by Alex Ciccone and the NEC – represented by Ken Hare.

13The Tribunal is prepared to grant participant status to Klaus Detmar, Ancaster Village Heritage Community – represented by Catherine Palmer, Daniel and Rita Faulkner, and Richard Parascandalo.

14The Tribunal is prepared to schedule a 12-day Merits Hearing commencing on Wednesday, September 13, 2023 at 10 a.m. by video hearing.

15The Tribunal is prepared to Order a date for the submission of Issues for the Issues List and a final draft of the PO to be submitted to the Tribunal Case Coordinator.

HEARING TECHNICAL DETAILS

16A 12-day Merits Hearing will convene on Wednesday, September 13 to Thursday, September 28, 2023, by video hearing at 10 a.m.

17Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/344779885

Access Code: 344-779-885

18Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html.

19Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373. The access code is 344-779-885.

20Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.

ORDER

21Accordingly, the Tribunal Orders:

1. A 12-day Merits Hearing is to convene on Wednesday, September 13, 2023.
2. All parties are to submit Issues for the Issues List to the counsel for 2691823 Ontario Inc. no later than 4:30 p.m. Wednesday, November 30, 2022.
3. The Appellant will submit to the Tribunal Case Coordinator a final draft Procedural Order for the Tribunals review and approval no later than 4:30 p.m. Friday, December 2, 2022.

22No further notice will be given.

23The Member is not seized.

“Bryan W. Tuckey”

BRYAN W. TUCKEY MEMBER Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.