Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 13, 2023
CASE NO(S).: OLT-22-004063
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant and Appellant: Wellington Hamilton Non Profit Housing Inc.
Subject: Request to amend the Official Plan - Failure of City of Hamilton to adopt the requested amendment
Existing Designation: Neighbourhoods
Proposed Designation: Neighbourhoods – High Density Residential
Purpose: To permit 12-storey residential building
Property Address/Description: 186 Hunter Street
Municipality: City of Hamilton
Reference No.: UHOPA-22-006
OLT Lead Case No.: OLT-22-004063
OLT Case No.: OLT-22-004063
OLT Case Name: Wellington Hamilton Non-Profit Housing 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: Wellington Hamilton Non Profit Housing Inc.
Subject: Application to amend Zoning By-law No. 05-200 Refusal of application by City of Hamilton
Existing Zoning: Community Commercial (C3) Zone
Proposed Zoning: "E3/S_” (High Density Multiple Dwelling) District
Purpose: To permit 12-storey residential building
Property Address/Description: 186 Hunter Street
Municipality: City of Hamilton
Reference No.: ZAC-22-014
OLT Lead Case No.: OLT-22-004063
OLT Case No.: OLT-22-004064
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Wellington Hamilton Non Profit Housing Inc.
Subject: Site Plan
Description: To permit a 12-storey residential building
Reference Number: DA-22-151
Property Address: 186 Hunter Street
Municipality/UT: City of Hamilton
OLT Lead Case No.: OLT-22-004063
OLT Case No.: OLT-22-004855
Heard: January 9, 2023 by video conference
APPEARANCES:
Parties
Counsel
Wellington Hamilton Non Profit Housing Inc.
Russell Cheeseman and Stephanie Fleming
City of Hamilton
Patrick MacDonald
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JANUARY 9, 2023 AND ORDER OF THE TRIBUNAL
1This was the first case management conference to organize the appeals brought by Wellington Hamilton Non Profit Housing Inc. against the failure of City of Hamilton (“City”) Council to consider and make decisions with respect to requests to amend the Official Plan and Zoning By-law for lands known municipally as 186 Hunter Street (“Subject Property”), in order to permit the lands to be redeveloped to support a 12 storey, 104 unit non-profit, residential building.
2The Affidavit of Service was filed and marked as Exhibit 1 to the proceedings.
3The Tribunal was advised that both Parties were amendable to Tribunal-lead mediation, but at this time each anticipated calling 3 or possibly 4 witnesses, and therefore requested ten hearing days to consider the merit of the appeals. Counsel for the City advised that they could not accommodate an additional hearing date prior to the commencement of November. Counsel for the Applicant expressed their concern about the delays, to which the Tribunal encouraged the early meeting of witnesses of like disciplines with a hope to an early scoping of issues, with the then prospect of being able to bring the appeals before the Tribunal for a shorter hearing, at an earlier date.
4There were no requests for Party or Participant status filed with the Tribunal.
5The Tribunal directed that the draft issues list be finalized and submitted to the Tribunal for consideration within two weeks of the date of this case management conference.
6Accordingly, a 9-day hearing was scheduled commencing at 10 a.m. on Monday, November 6, 2023 running to November 17, 2023, exclusive of Monday November 13.
7Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
8Parties 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
9Persons 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: 1-888-299-1889 or +1 (647) 497-9391. The Access Code is 927-921-077.
10Individuals 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.
ORDER
11The appeals brought by Wellington Hamilton Non Profit Housing Inc. are scheduled for a merit hearing as set out above.
12No further notice is required.
13The Member is not seized but may assist in case management should issues arise in the implementation of this Order.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.