Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 12, 2023
CASE NO(S).: OLT-22-004758
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Canadian National Railway Company Applicant: Jamesville Redevelopment Limited Partnership Subject: Proposed Official Plan Amendment Description: To permit construction of a 447 residential unit development consisting of stacked townhouses and seven-storey multiple dwellings. Reference Number: UHOPA-21-014 Property Address: 405 James Street North Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-22-004758 OLT Lead Case No: OLT-22-004758 OLT Case Name: Canadian National Railway Company v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Zoning By-law Amendment Description: To permit construction of a 447 residential unit development consisting of stacked townhouses and seven-storey multiple dwellings. Reference Number: ZAC-21-031 Property Address: 405 James Street North Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-22-004759 OLT Lead Case No: OLT-22-004758
Heard: June 29, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Canadian National Railway Company | Katarzyna Sliwa, Max Reedijk (in absentia) |
| Jamesville Redevelopment Limited Partnership | Russell Cheeseman, Stephanie Fleming |
| City of Hamilton | Brian Duxbury |
| City Housing Hamilton Corporation | Mark Abradjian |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON JUNE 29, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for a hearing of the merits of the Appeal by the Canadian National Railway Company (“Appellant”) pursuant to s. 17(24) and s. 34(19) of the Planning Act against the City of Hamilton’s (“City”) approval of the Official Plan Amendment Application (“OPA”) and the Zoning By-law Amendment Application (“ZBA”) for the property municipally known as 405 James Street North, in the City (“Subject Lands”).
2The purpose of this CMC is twofold. First, to approve the Parties and Participants for the merits hearing. Secondly, to authorize a Procedural Order (“PO”) and Issues List (“IL”) that is to be used to govern the merits hearing.
3The Affidavit of Service by Robert Daniel Edward Jefferson dated March 29, 2023, was marked as Exhibit 1 for this hearing.
BACKGROUND
4The OPA permits a 447-unit residential development on the Subject Lands consisting of 14, three-storey (13.0 metre) multiple dwellings (stacked townhouses) and two, seven-storey (24.0 metre) multiple dwellings with a total of 334 parking spaces. The applications redesignate the Subject Lands from "Medium Density Residential 1" to "Medium Density Residential 2" and establish a Special Policy Area on Schedule "M-2" to increase the permitted density to be 205 units per gross hectare, whereas 60-150 units per gross hectare was permitted.
5The ZBA changes the zoning of the Subject Lands from "DE/S-65" (Low Density Multiple Dwellings) District to a site-specific Transit Oriented Corridor Multiple Residential Zone (TOC3, 811, H128).
6The Appellant filed an appeal stating that inter alia, the approved OPA and ZBA are not consistent with the Provincial Policy Statement, 2020 (“PPS”), the Growth Plan for the Greater Horseshoe and the federal regulations under which the Appellant must operate.
PARTY REQUESTS
7The Tribunal approved, on consent, the Party Status of the City Housing Hamilton Corporation.
PARTICIPANT REQUESTS
8The Tribunal did not receive any Participant requests prior to, or, during the CMC.
PROCEDURAL ORDER AND ISSUES LIST
9A draft PO was received by the Tribunal prior to the commencement of the CMC. The Parties discussed the draft PO during the CMC. It was noted that the Parties are in discussions concerning the IL and requested that the Tribunal set a date for a second CMC.
OPPORTUNITIES FOR RESOLUTION
10The Parties are in continued discussions concerning the issues of the Appellant. The Parties raised with the Tribunal the possibility of Tribunal-led Mediation. This request will be made through the Case Coordinator.
SCHEDULING OF HEARING
11The Tribunal has scheduled a second CMC to occur by video on Friday, September 8, 2023, at 10 a.m. The purpose of this CMC is to schedule a merits hearing, approve a draft PO and IL, which will be used to govern the merits Hearing for this matter. It is the request of the Tribunal that the PO with an agreed upon IL be submitted to the Tribunal no later than Wednesday, September 6, 2023.
12The hearing is scheduled to proceed by video on Friday, September 8, 2023 at 10.a.m.
13Parties 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/909787981
Access code: 909-787-981
14Parties 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
15Persons 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.: (Toll Free): 1-888-455-1389 or (647) 497-9391. The access code is as indicated above
16Individuals 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
17THE TRIBUNAL ORDERS that a second Case Management Conference will commence on Friday September 8, 2023, at 10 a.m. for the purpose of finalizing the Procedural Order, Issues List and the scheduling of a hearing of the merits.
18There will be no further notice.
19The Member is not seized.
“S. deBoer”
S. deBOER 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.