du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
July 11, 2022
CASE NO(S).:
OLT-22-001995
PROCEEDING COMMENCED UNDER section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
NHDG (Waterfront) Inc.
Subject:
Minor Variance
Description:
To permit the construction of a new mixed-use development consisting of three (3) residential
towers above ground floor commercial uses
Reference Number:
SC/A-21:346
Property Address:
310 Frances Avenue (310 Frances Avenue)
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-22-001995
OLT Lead Case No:
OLT-22-001995
OLT Case Name:
NHDG (Waterfront) Inc. V. Hamilton (City)
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject
Site Plan
Reference Number:
DA-19-020
Property Address:
310 Frances Avenue
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-22-003190
OLT Lead Case No:
OLT-22-001995
OLT Case Name:
NHDG (Waterfront) Inc. V. Hamilton (City)
Heard:
June 15, 2022, via video hearing
APPEARANCES:
Parties
Counsel
NHDG (Waterfront) Inc.
David Bronskill
City of Hamilton
Patrick MacDonald
ORAL DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Case Management Conference (“CMC”) on an appeal filed pursuant to section 41(12) of the Planning Act (“Act”) with respect to the refusal of the Committee of Adjustment of the City of Hamilton (“City”) on a minor variance application made by NHDG (Waterfront) Inc. (“Appellant”).
2The Property, which is located in the former City of Stoney Creek on the south side of Frances Avenue, is a corner lot bounded by Frances Avenue to the north, Green Road to the west and North Service Road to the south. The eastern boundary of the Property is bounded by a channelized stormwater management block adjacent to North Service Road. The Property has a site area of approximately 5.09 acres (2.06 hectare) and is currently vacant.
3The proposal is to construct a new mixed-use development consisting of three (3) mixed use towers consisting of residential units and at-grade commercial space (the “Proposal”). The proposed uses are permitted by the applicable land use designation. The Property is currently zoned “MUC-4” (Site-Specific Mixed Use Commercial Zone in Zoning By-law No. 3692-92 of the former City of Stoney Creek (“Zoning By-law 3692-92”).
4The Proposal requires minor variances from Zoning By-law No. 3692-92 relating to location of dwelling units, amenity area, landscaped open space and parking (the “Application”), as follows:
Location of dwelling units: Zoning By-law 3692-92 requires apartment dwelling units to be located above commercial uses. The Proposal includes accessory apartment uses (amenity space, fitness facilities, bike/vehicle parking, lobbies and mail rooms) on the ground floor.
Amenity Area: Zoning By-law 3692-92 requires 18 square metres and 53 square metres of amenity area per one-bedroom unit and two-bedroom unit respectively. The Application would permit amenity area at rates of 8.8 square metres per unit.
Landscaped Open Space: Zoning By-law 3692-92 requires a minimum of 50% of the Property as landscaped open space, where as the Proposal provides 36% of the Property as landscaped open space. Further, there are specific minimum dimensions for landscaped strips adjacent to certain lot lines that would be varied by the Application, as well as a variance for certain items to be permitted within landscaped strips.
Parking: Zoning By-law 3692-92 requires parking at a rate of 1.5 spaces per dwelling unit. The Application would permit 1.25 parking spaces per dwelling unit.
PARTY/PARTICIPANT REQUESTS
5The Tribunal received two requests for Party status. The Tribunal denied the request for party status from Debbie Martin as she was not present at the CMC to provide insight into her interest in the matter.
6The Tribunal, hearing no objections granted Party status to the Lakewood Beach Community Council, (“LBCC”) (represented at this CMC by Vivian Saunders). LBCC is an incorporated ratepayer’s association representing the interests of the local neighbourhood residents who live within the area of the subject property. Noting they had not appealed the decision; it was decided by the Tribunal and on the consent of the Parties, that LBCC’s involvement would align with the City’s position and that they would work together to provide the Tribunal with a scoped issues list.
7There were no requests for Participant status.
MEDIATION AND SETTLEMENT
8The parties indicated their awareness of the availability of Tribunal-assisted mediation and advised they would make a formal request for same at a later date, if necessary.
NEXT HEARING EVENT
9Counsel for the Appellant informed the Tribunal that this matter is associated with a Site Plan Application appeal, Tribunal case (OLT-22-003190). The two cases are not consolidated.
10At the request of the Appellant, the Tribunal granted an adjournment of the Site Plan Application appeal, Tribunal case (OLT-22-003190) until such a time as the matter before the Tribunal is determined as the impact on the outcome of this matter could determine changes to the Site Plan Application.
11The Tribunal directed the Parties to provide their issues list to Mr. Bronskill to coordinate and submit a draft Procedural Order for approval of the Tribunal within 30 days of the date of this decision inclusive of a Hearing Plan.
12The Tribunal recognizes that with the addition of LBCC as a Party and based on the number of expert witnesses expected to be called, a five-day hearing is warranted.
13The Tribunal scheduled a 5-day hearing of the merits to be held by video hearing on Monday, January 30, 2023, at 1 p.m.
Please note the change in Hearing start time. The Tribunal Panel will be participating in a full Board meeting on the morning of January 30, 2023, and therefore requires the change in start time.
14Parties 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/979388733
Access code: 979-388-733
15Parties 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
16Persons 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 979-388-733.
17Individuals 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.
18The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
19There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
20It is so ordered.
“D. Chipman”
D.CHIPMAN
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.