Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2023
CASE NO(S).: OLT-22-003888
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Wilson St. Ancaster Inc.
Subject: Request to amend the Official Plan – Refusal of request by the City of Hamilton
Existing Designation: Low Density Residential 1
Proposed Designation: Mixed Use - Medium Density designation with a Pedestrian Focus
Purpose: To permit an eight-storey mixed use development
Property Address/Description: 392-412 Wilson Street East & 15 Lorne Avenue
Municipality: City of Hamilton
Approval Authority File No.: UHOPA-22-004
OLT Lead Case No.: OLT-22-003888
OLT Case No.: OLT-22-003888
OLT Case Name: Wilson St. Ancaster 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: Wilson St. Ancaster Inc.
Subject: Application to amend Zoning By-law No. 05-200 – Refusal of application by City of Hamilton
Existing Zoning: “ER” Zone, the Mixed Use Medium Density - Pedestrian Focus (C5a, 570) Zone, and the Mixed-Use Medium Density - Pedestrian Focus (C5a, 570, 651) Zone
Proposed Zoning: Modified Mixed Use Medium Density - Pedestrian Focus (C5a) Zone
Purpose: To permit an eight-storey mixed use development
Property Address/Description: 392-412 Wilson Street East & 15 Lorne Avenue
Municipality: City of Hamilton
Municipal File No.: ZAC-22-011
OLT Lead Case No.: OLT-22-003888
OLT Case No.: OLT-22-003889
Heard: August 1 and 22, 2023 in writing
APPEARANCES:
Parties
Counsel
Wilson St. Ancaster Inc.
Patrick J. Harrington Matthew Helfand
City of Hamilton
Patrick MacDonald
DECISION DELIVERED BY BITA M. RAJAEE AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1Wilson St. Ancaster Inc. (“Applicant”) appealed the refusal by the Council of the City of Hamilton (“City”) of an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) sought for lands known municipally as 392-412 Wilson Street East and 15 Lorne Avenue in the City (“Subject Site”).
2The purpose of the OPA and ZBA is to allow for the development of an eight-storey mixed-use development (“Proposal”), containing 118 residential units and 1,475 square metres (m2) of commercial Gross Floor Area (“GFA”). Indoor amenity space of 611 m2 is proposed, as well as 270 parking spaces and 190 bicycle parking spaces.
3A Case Management Conference (“CMC”) took place on October 14, 2022, wherein it was confirmed that adequate Notice had been provided and no further Notice would be required. Moreover, Participant status was granted to Ancaster Village Heritage Community (“AVHC”) and Lilian Druiven.
4The Applicant and the City reached a settlement with respect to this matter. As such, this Hearing in writing took place to allow the Tribunal to consider and approve the settlement if warranted. The Parties jointly requested that the Tribunal dismiss the OPA appeal and approve the ZBA as revised by the settlement agreement.
5In support of the settlement, the Tribunal received the following materials:
a. A Settlement Motion Record, submitted by the Applicant, containing a Notice of Settlement Motion, the Affidavit of Tom Kasprzak with attached Exhibits, the Affidavit of Matt Johnston with attached Exhibits, and the Minutes of Settlement;
b. A Participant Statement from Jim MacLeod, in his role as the Vice President of the AVHC commenting on the settlement;
c. A letter from the Applicant’s Counsel in response to the AVHC’s comments on the settlement;
d. A draft Order and draft ZBA; and
e. Additional information from the Parties on August 22, 2023, regarding the in-force Zoning By-law (“ZBL”).
HEARING
6In support of the settlement, the Parties relied on an Affidavit by Tom Kasprzak, sworn on July 21,