Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 25, 2022
CASE NO(S).: OLT-21-001127
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: King West Crossing Limited & DV Trillium Group Inc. Subject: Request to amend the Official Plan - Failure of the City of Hamilton to adopt the requested amendment Existing Designation: 'Urban Corridor' on Schedule E - Urban Structure of the Urban Hamilton Official Plan ("UHOP)" and 'Mixed Use - Medium Density' on Schedule E1 - Urban Land Use Designations Proposed Designated: Urban Site-Specific Area in the UHOP Description: To permit an additional 19 storeys atop the multiple dwelling building and an additional 2 storeys atop the hotel Property Address: 354 King Street West, Hamilton Municipality: City of Hamilton Municipality Reference No.: UHOPA-20-003 OLT Lead Case No.: OLT-21-001127 OLT Case No.: OLT-21-001127 OLT Case Name: King West Crossing Limited & DV Trillium Group 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: King West Crossing Limited & DV Trillium Group Inc. Subject: Application to amend Zoning By-law No. 05-200 - Neglect of the City of Hamilton to make a decision Existing Zoning: Transit Oriented Corridor Mixed Use Medium Density (TOC1) with exception 295 Proposed Zoning: Site Specific Exemption Description: To permit an additional 19 storeys atop the multiple dwelling building and an additional 2 storeys atop the hotel Property Address: 354 King Street West, Hamilton Municipality: City of Hamilton Municipality Reference No.: ZAC-20-008 OLT Lead Case No.: OLT-21-001127 OLT Case No.: OLT-21-001128
Heard: January 12, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| King West Crossing Limited & DV Trillium Group Inc. | Denise Baker |
| City of Hamilton | Patrick MacDonald |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JANUARY 12, 2022 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for this case.
2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3The Applications sought to permit additional storeys atop the previous site plan, which approved a six (6) storey multiple dwelling and a ten (10) storey hotel to be constructed on 354 King Street West (“Subject Property”), in the City of Hamilton (“City”).
4Specifically, the Applications sought approval for an additional 19 storeys atop the multiple dwelling building and an additional two (2) storeys atop the hotel, bringing the total heights to 25 storeys (77.2 metres (“m”)) and 12 storeys (41.78 m), respectively, along with other modifications to the Zoning By-law regarding parking and modifications to the minimum rear yard, interior side yard, principal entrance location, and driveway accesses.
5The additional storeys would facilitate the development of 236 more residential units and 28 additional hotel suites.
6On December 18, 2020, the Applications were amended to allow them to be considered in phases.
7The first phase dealt with the additional two storeys on the hotel portion of the Subject Property ("Phase 1"). The effect of the approval of Phase 1 of the Application would be to add a site-specific policy for a portion of the Subject Property to permit the maximum 12 storey building height for the hotel and to modify the Transit Oriented Corridor Mixed Use Medium Density (TOC1, 295) zone to deem the lot as one lot for zoning purposes, to permit a height of 41.78 m (12 storeys) and to reduce the required parking for a hotel use.
8The second phase of the Application deals with the additional 19 storeys atop the multiple dwelling to permit a total of 25 storeys and an additional 236 residential units ("Phase 2").
9On May 4, 2021, a recommendation report went forward to the City's Planning and Development Committee, which recommended the approval of the Phase 1 portion of the Applications, and the associated planning instruments.
10This recommendation was approved by Council on May 12, 2021 and the appeal period has since expired without any appeals having been filed.
11The amendments to the City's Official Plan and Zoning By-law for the Phase 1 portion of the Subject Property are now in force and effect.
12The Subject Property is designated 'Urban Corridor' on Schedule E - Urban Structure of the Urban Hamilton Official Plan ("UHOP") and 'Mixed Use - Medium Density' on Schedule E1 - Urban Land Use Designations.
13The Official Plan Amendment ("OPA") is required to establish an Urban Site-Specific Area in the UHOP to permit the total height of 25 storeys for the multiple dwelling building.
14The Subject Property is currently zoned 'Transit Oriented Corridor Mixed Use Medium Density (TOC1)' with exception 295 under the City Zoning By-law No. 05-200, as amended.
15The Zoning By-law Amendment ("ZBA") is required to create a site-specific exception for the Subject Property, which will amend the minimum required interior side yard setback, the minimum and maximum building heights, the minimum number of permitted vehicle accesses, a regulation related to the orientation of a principal building entrance, and parking requirement for the multiple dwelling.
NATURE OF THE APPEALS
16The City failed to make a decision on the Phase 2 Applications within the statutory time periods (120 days).
17The Tribunal heard through Denise Baker that she has requested a detailed Issues List from the City.
18The City has acknowledged the request and will submit an Issues List restricted to Land Use Planning and Design by February 11, 2022.
19Both Parties will be calling two witnesses each and have requested a five-day hearing. The Tribunal received a Participant status application from Wayne MacPhail. Mr. MacPhail represents a neighbourhood group named Strathcona Shadow Dwellers.
20The Tribunal canvassed both Counsel for King West Crossing Limited & DV Trillium Group Inc. (the “Applicant/Appellant”) and Counsel for the City, there were no objections to the granting of Participant Status to Mr. MacPhail.
21The Tribunal granted Participant Status to Mr. MacPhail.
22Ms. Baker informed the Tribunal that she will complete and submit an updated Procedural Order.
23The Tribunal hereby schedules a Video Hearing of these appeals on Monday June 20, 2022, commencing at 10 am. Five (5) days has been set aside.
24Parties 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://global.gotomeeting.com/join/979388733
Access code: 979-388-733
25Parties 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
26Persons 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 or Toll Free 1(888) 299-1889. The access code is 979-388-733.
27Individuals 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.
28No further notice will be given.
29The Member is seized.
30So Orders the Tribunal.
“Carmine 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.