Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 06, 2023
CASE NO(S).: OLT-23-000017
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Wilson Street Ancaster Inc.
Subject: Parkland Dedication appeals
Description: City of Hamilton Parkland Dedication By-law
Reference Number: By-law 22 - 218
Property Address: City Wide
Municipality/UT: City of Hamilton
OLT Case No.: OLT-23-000017
OLT Lead Case No.: OLT-23-000017
OLT Case Name: Wilson Street Ancaster Inc. v. Hamilton (City)
Heard: May 25, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Wilson Street Ancaster Inc.
Patrick Harrington
City of Hamilton
Rachel McVean
Patrick MacDonald (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON MAY 25, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an appeal brought by Wilson Street Ancaster Inc. (“WSAI”) of the enactment by the City of Hamilton of Parkland Dedication By-law No. 22-218 (“By-law 22-218”) pursuant to s. 42(4.9) of the Planning Act. WSAI owns the property municipally known as 270 Melvin Avenue in the City of Hamilton.
2WSAI is in the process of constructing a street townhouse development on its property at 270 Melvin Avenue in the City of Hamilton. WSAI’s townhouses front onto a private driveway that directly connects to the townhouses to the adjacent public street, Melvin Avenue. Pursuant to the City’s in-force Parkland Dedication By-law (“By-law No. 18-126”), the expected parkland contribution for a street townhouse development that fronts onto a public road is capped at 5% of the “net land area”. In the case of WSAI, this roughly equates to cash-in-lieu of parkland at a rate of $5,250 per unit. However, because WSAL’s townhouses only “flank” onto the public road, and are otherwise accessed from a private road, City Staff have taken the position that the 5% cap is not applicable. Instead, City Staff have applied an overall cash-in-lieu cap of $9,000. per unit (which is the cap applied to units within “Lower Hamilton”).
BACKGROUND TO THE APPEAL
3In a nutshell, WSAI is seeking removal of the following language from By-law 22-218: “fronting onto a public street”.
4As there are only two Parties and this is a single-issue appeal, a Procedural Order will not be required. The Parties have consented to the preparation and exchange of a joint Document Book.
5At the request of the Parties the Tribunal scheduled a two-day video hearing beginning on Monday, December 11, 2023 at 10 a.m.
6Parties 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/687587165
Access code: 687-587-165
7Parties 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
8Persons 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 687-587-165.
9Individuals 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.
10No further notice will be provided.
11This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.