Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 24, 2022

CASE NO(S).: OLT-21-001345

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

Applicant and Appellant: Flamborough Power Centre Inc.

Subject: Request to amend the Official Plan - Failure of the City of Hamilton to adopt the requested amendment

Existing Designation: District Commercial

Proposed Designation: Neighbourhoods

Purpose: To permit the development of a complete community on the subject lands with different residential building types including townhomes and multiple dwelling buildings

Property Address/Description: 30 Dundas Street East

Municipality: City of Hamilton

Approval Authority File No.: UHOPA-19-012

OLT Lead Case No.: OLT-21-001345

OLT Case No.: OLT-21-001345

OLT Case Name.: Flamborough Power Centre 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: Flamborough Power Centre Inc.

Subject: Application to amend Zoning By-law No. 05-200 – Neglect of application by City of Hamilton

Existing Zoning: District Commercial

Proposed Zoning: Downtown Residential (D6, xxx), Modified

Purpose: To permit the development of a complete community on the subject lands with different residential building types including townhomes and multiple dwelling buildings

Property Address/Description: 30 Dundas Street East

Municipality: City of Hamilton

Municipal File No.: ZAC-19-044

OLT Lead Case No.: OLT-21-001345

OLT Case No.: OLT-21-001355

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: Flamborough Power Centre Inc.

Subject: Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision

Purpose: To permit the development of a complete community on the subject lands with different residential building types including townhomes and multiple dwelling buildings

Property Address/Description: 30 Dundas Street East

Municipality: City of Hamilton

Municipal File No.: 25T-2019005

OLT Lead Case No.: OLT-21-001345

OLT Case No.: OLT-21-001356

Heard: March 21, 2022 via video hearing

APPEARANCES:

Parties

Counsel*/Representative

Flamborough Power Centre Inc.

*S. Mahadevan

City of Hamilton

*S. MacDonald

Conservation Halton

*K. Stavrakos

DECISION DELIVERED BY CARMINE TUCCI AND ORDER OF THE TRIBUNAL

1This is the first Case Management Conference (“CMC”) for this file.

2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.

OVERVIEW

3A mixed-use development is proposed on the group of properties located in the northeast and southeast quadrants of Highway 6 and Highway 5 (“Hwy”). The properties (hereafter the “Subject Lands” or “iConnect Lands”) are a collection of municipally unaddressed parcels of land with PINs 17 4980481, 17 4980724, 175630358, 17 4980010 and 17 4980010.

4The Subject Lands are approximately 25 hectares in size and will facilitate the development of a range of built forms ranging in height between 3 to 22 storeys. A total of 2,009 residential dwelling units are proposed along with 5.44 hectares of parkland. The proposed residential units are to be accommodated in various mixed-use and standalone built forms, including street townhouses, stacked, back-to-back townhouses, mid-rise buildings and high-rise buildings. A Seniors' Complex is also proposed.

5The Official Plan amendment seeks to amend the Urban Hamilton Official Plan to introduce a policy framework for the iConnect Lands including permissions for standalone residential uses.

6The proposed Zoning By-law amendment seeks to amend the Zoning By-law to permit a range of standalone residential uses and provide zoning regulations relating to built form as well as holding provisions to address the phasing of development.

7The proposed plan of subdivision will create legally conveyable developable blocks, municipal roads and blocks for parks and stormwater management infrastructure.

NATURE OF THE APPEALS

8Flamborough Power Centre Inc. (“Applicant”/“Appellant”) appealed the failure of the City of Hamilton (“City”) to make a decision.

PARTY / PARTICIPANT STATUS REQUESTS

9The Tribunal received a Party Status application from Conservation Halton.

10Conservation Halton (“CH”) has an interest in seeking party status to resolve an outstanding regulatory issue. The iConnect North lands contain a wetland less than 2 hectares in size that is regulated by CH under Ontario Regulation 162/06. CH regulates a distance of 30 metres from wetlands less than 2 hectares.

11The proposal contemplates the relocation and replication of the wetland to accommodate Street F. We understand Street F is necessary to provide access for existing properties that may lose their access to Hwy 5 once the Hwy 5/Hwy 6 interchange is constructed. CH may consider wetland relocation and replication subject to certain criteria. Additional information is required from the applicant to determine if all criteria can be met. If supported, removal of the wetlands will require a CH Permit and will be subject to approval from CH’s Board of Directors.

12CH’s involvement in the appeal will ensure that all regulatory issues are addressed, and a CH permit can ultimately be issued for any works required to support the proposed development.

13The Tribunal canvassed Counsel for the Appellant and Counsel for the City and there were no objections to the granting of Party Status.

14The Tribunal granted Party Status to Conservation Halton.

15The Tribunal received a Participant Status application from Liburdi Engineering Limited (“Liburdi”).

16Liburdi owns a high-tech building at 400 Hwy6 and at 45 Innovation Drive. Its application speaks to the concerns arising from the proposed land use change, increased traffic, and Municipal services.

17The Tribunal canvassed Counsel for the Appellant and Counsel for the City and there were no objections to the granting of Participant Status.

18The Tribunal granted Participant Status to Liburdi Engineering Limited.

NEXT STEPS

19Both Ms. Mahadevan and Mr. MacDonald informed the Tribunal that they will complete and submit an updated Procedural Order and Issues List.

20The Tribunal offered all parties the opportunity to seek a resolution by an OLT led mediation. The Parties have agreed to consider this offer once they have finalized their Issues List.

21The Tribunal hereby schedules a second CMC of these appeals on Wednesday, June 29, 2022, commencing at 10 a.m.

22Parties and participants 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:

https://meet.goto.com/909787981

Access code: 909-787-981

23Parties 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: https://app.gotomeeting.com/home.html

24Persons 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) 497-9391. The access code is 909-787-981.

25Individuals 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 event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

26No further notice will be given

27The Member is not seized.

28So Orders the Tribunal.

“C. Tucci”

CARMINE TUCCI

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.