ISSUE DATE: May 23, 2023

CASE NO.: 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 a 12-storey residential building

Property Address/Description: 186 Hunter Street

Municipality: City of Hamilton

Reference No.: UHOPA-22-006

OLT Case No.: OLT-22-004063 OLT Lead 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 City of Hamilton

Existing Zoning: Community Commercial (C3) Zone

Proposed Zoning: "E3/S_” (High Density Multiple Dwelling) District

Purpose: To permit a 12-storey residential building

Property Address/Description: 186 Hunter Street

Municipality: City of Hamilton

Reference No.: ZAC-22-014

OLT Case No.: OLT-22-004064 OLT Lead Case No.: OLT-22-004063

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 Case No.: OLT-22-004855

OLT Lead Case No.: OLT-22-004063

SHARYN VINCENT Tuesday, the 23rd VICE-CHAIR day of May, 2023

THE TRIBUNAL ORDERS that the Procedural Order, attached hereto, shall be in full force and effect.

“Euken Lui”

Euken Lui ACTING REGISTRAR 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.

OLT-22-004063

PROCEDURAL ORDER

The Tribunal orders that:

1The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2The video hearing will commence on Monday, November 6, 2023, at 10:00 a.m.

3The length of the hearing will be ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4The parties and participants identified at the case management conference are listed in Attachment 1 to this Order.

5The Issues are set out in the Issues List attached as Attachment 2 to this Order. There will be no changes to this list unless the Tribunal permits it. A party who asks for changes may have costs awarded against it.

6The order of evidence shall be as listed in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

Requirements Before the Hearing

7All parties and participants (or their representatives) shall provide a mailing address, email address, and telephone number to the Tribunal. Any such person who retains a representative (legal counsel or agent) subsequent to the case management conference must advise the other parties and the Tribunal of the representative’s name, mailing address, email address and phone number.

8A party who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

9A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal, the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, July 7, 2023, and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10Expert witnesses in the same field shall have a meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts must prepare a list of agreed facts and the remaining issues to be addressed at the hearing on or before Friday, August 11, 2023 and provide this list to all of the parties and the OLT case co-ordinator.

11An expert witness shall prepare an expert witness statement, that shall include: an acknowledgement of expert’s duty form, the area(s) of expertise, any reports prepared by the expert, and any other reports or documents to be relied on at the hearing. Copies of this must be provided as in section [13]. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence and his or her area of expertise, as in section [13]. A party who intends to call a witness who is not an expert must file a brief outline of the witness evidence, as in paragraph 13 below.

13On or before Friday, September 8, 2023 the parties shall provide copies of their witness and expert witness statements to the other parties and the OLT case co-ordinator, in accordance with paragraph 22 below.

14On or before Friday, September 8, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15On or before Friday, October 6, 2023 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16On or before Friday, October 27, 2023 the parties shall provide copies of their visual evidence to all of the other parties and the Tribunal, in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17Parties may provide to all other parties and the Tribunal a written response to any written evidence on or before Friday, October 6, 2023, in accordance with paragraph 22 below.

18The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, October 27, 2023

19A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with the Tribunal Rule 10.

20A party who provides the written evidence of a witness to the other parties must have that witness attend the hearing to give oral evidence, unless the Tribunal and the parties are notified at least 7 days before the hearing that the written evidence is not part of their record.

21The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, October 27, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22Any documents which may be used by a party in cross examination of an opposing party’s witness may be password protected and only become accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing. Any such documents shall be provided to the Tribunal and all other parties in advance of their intended use.

23All filings shall be submitted electronically. Electronic copies may be filed by email, and electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Tribunal Rule 7.

24No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 apply to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1

PARTIES

1. Wellington Hamilton Non-Profit Housing Inc.
2. City of Hamilton

PARTICIPANTS

None

Attachment 2

Issues List

PLANNING

1. Is the development proposal consistent with the Provincial Policy Statement (2020) (“PPS”), including but not limited to policies 1.1.1, 1.1.3.1, 1.1.3.2, and 1.1.3.3?
2. Does the development proposal conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended), including but not limited to policies 2.2.1.2 and 2.2.1.4?
3. Are the proposed scale and height of the proposed development appropriate for this location?
4. Is the subject proposal compatible with the surrounding existing uses?
5. Does the proposal have any adverse impacts on the surrounding existing development with respect to overlook, privacy, buffering between neighbouring land uses and, traffic, and if so, have those impacts been appropriately mitigated?
6. Does the proposal conform to the policies of the Urban Hamilton Official Plan, including but not limited to policies E.2.6.7, E.3.0, E.3.6?
7. Does the proposal meet the residential intensification tests of the Urban Hamilton Official Plan, including policies B.2.4.1.4 and B.2.4.2.2?
8. Does the proposal conform to the urban design policies of the Urban Hamilton Official Plan, including but not limited to B.3.3.2.3 a) and b), 3.3.2.4 f) and 3.3.2.6?
9. Does the proposal provide appropriate distinction and compatibility between public space and private space?
10. Does the proposed development represent good land use planning and is in the public interest?
11. Are the proposed site specific performance standards compatible and in keeping with the intent of the Zoning By-law?
12. Does the proposed development conform to zoning by-law parking requirements and is the proposed reduction supported by any evidence (supporting study) or adequate mitigation measures?
13. Is a holding provision appropriate for the proposed development, and if so, what are the appropriate provisions to include?
14. Is the appellant’s site plan application premature, pending the outcome of its appeals for an official plan amendment and zoning by-law amendment?
15. Does the site plan application proposed by the appellant require any modifications to satisfy the City’s plans, by-laws, and guidelines, including but not limited to the Urban Hamilton Official Plan, the City’s Site Plan Guidelines, Engineering Guidelines, applicable comments received to date from City departments and the implementing official plan and zoning by-law amendments proposed by the appellant that is under appeal?
16. If approved, what are the appropriate conditions of site plan approval?

ENGINEERING

17. Does the proposed development support the existing infrastructure including but not limited to UHOP Volume 1 policy C.5.3.11 and C.5.3.15?
18. Has the proponent demonstrated that the proposed development does not negatively impact the existing infrastructure in accordance with Policies B.2.4.1.4 f) and B.2.4.2.2 j)?
19. Does the proposal satisfy all requirements and comments identified by Development Approvals including but not limited to grading, stormwater management and servicing and compliance with UHOP policies C.4.0 and C.5.0?
20. Is there sufficient sanitary sewer capacity for the proposal?
21. Is there sufficient water service capacity for the proposal?
22. Does the functional servicing report submitted by the applicant adequately address issues 16-21?

TRANSPORTATION

23. Does the proposed development conform with the UHOP Volume 1 policies and Schedule C-2 relating to dedication of right-of-way and daylight triangles?
24. Would the proposed development result in a functional road network to safely support the anticipated traffic associated with the development proposal by preventing or satisfactorily mitigating adverse impacts, including but not limited to access, road infrastructure improvements, traffic calming, signalization, site layout, pedestrian facilities, transit amenities, and commercial vehicle maneuverability?

Attachment 3

ORDER OF EVIDENCE

1. Wellington Hamilton Non-Profit Housing Inc.
2. City of Hamilton
3. Wellington Hamilton Non-Profit Housing Inc., in Reply