Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 19, 2024

CASE NO(S).: OLT-24-000127

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Hamilton Queen and Market Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a mixed-use development of two residential towers on top of a podium Reference Number: UHOPA-22-005 Property Address: 200 Market Street, 125 Napier Street, and 55 Queen Street North Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-24-000127 OLT Lead Case No: OLT-24-000127 OLT Case Name: Hamilton Queen and Market Inc. v. Hamilton (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Hamilton Queen and Market Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a mixed-use development of two residential towers on top of a podium Reference Number: ZAC-22-012 Property Address: 200 Market Street, 125 Napier Street, and 55 Queen Street North Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-24-000128 OLT Lead Case No: OLT-24-000127

Heard: November 21, 2024 by Video Hearing

APPEARANCES:

Parties Hamilton Queen and Market Inc.

Counsel Denise Baker Narmada Gunawardana

Parties City of Hamilton

Counsel Peter Krysiak

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON NOVEMBER 21, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This event was a Hearing before the Tribunal for appeals pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”) by Hamilton Queen and Market Inc. (“Applicant”) against the City of Hamilton’s (“City”) failure to make a decision within the statutory timeframes of the Act on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”). The purpose of the OPA and ZBA is to permit a mixed-use development on lands known municipally as 200 Market Street, 125 Napier Street, and 55 Queen Street North in the City (“Subject Lands”).

2A Case Management Conference took place on May 17, 2024, wherein it was confirmed that Notice had been adequately served, and Wayne MacPhail and Elizabeth Reinhart were granted Participant status. Moreover, a 10-day Hearing was scheduled to commence on October 28, 2024.

3Prior to the Hearing, the Parties advised that they were close to reaching a settlement agreement (“Settlement”) and the Hearing was adjourned. Ultimately, the Parties confirmed that a Settlement was reached, and this Hearing took place to allow the Tribunal to consider the Settlement and approve it if warranted.

HEARING

4In support of the Settlement, the Parties relied on oral and written testimony by Franz Kloibhofer. The Curriculum Vitae and signed Acknowledgement of Expert Duty form for Mr. Kloibhofer were provided, confirming his expertise in the area of Land Use Planning. Mr. Kloibhofer was qualified by the Tribunal, without objection, to provide expert opinion evidence in the field of Land Use Planning.

5Mr. Kloibhofer described that the Subject Lands span one city block that is bounded by Queen Street to the east, Napier Street to the north, and Market Street to the south. They have an area of 7,979.7 square metres, with 77 metres (“m”) of frontage along Queen Street South and 99 m along both Market Street and Napier Street. The Subject Lands are located in a highly urbanized neighbourhood with a mix of high-rise, medium-rise, and low-rise dwellings. Approximately 100 m south of the Subject Lands is King Street West. The future Hamilton Light Rail Transit will run from McMaster University to Eastgate Mall in Stoney Creek along King Street.

6The OPA and ZBA propose to permit a mixed-use development consisting of a six (6) storey podium with two separate towers, containing a total of 975 rental units (though the exact unit count may vary slightly at the detailed design stage). There will be 317 motor vehicle parking spaces and 498 long term bicycle parking spaces. The redevelopment proposes to rebuild the streetscape along Queen Street, Market Street, and Napier Street by planting street trees, implementing Urban Braille Sidewalk and reserving widenings for rights of way along Queen Street.

7The planning documents affecting this matter include:

a. The Planning Act, R.S.O. 1990, c. P.13, as amended; b. The Provincial Planning Statement (2024) (“PPS”); c. The Urban Hamilton Official Plan (“UHOP”); d. The Strathcona Neighbourhood Secondary Plan; e. The City of Hamilton Tall Building Guidelines; f. The Strathcona Neighbourhood Urban Design Guidelines; and g. The City of Hamilton Zoning By-law No. 05-200 (“City’s ZBL”).

8Citing numerous policies in his comprehensive Affidavit and oral testimony, Mr. Kloibhofer opined that the proposed OPA and ZBA, as revised by the Settlement, meet the legislative requirements outlined in the policy documents. The OPA and ZBA, and the proposed development they facilitate, are consistent with the PPS, conform to the UHOP (including the relevant Guidelines), and maintain the intent and purpose of the City’s ZBL. Moreover, they have regard for the applicable matters as set out in s. 2 of the Act and are in the public interest and represents good planning. Mr. Kloibhofer also addressed the various concerns raised by the Participants, including: traffic impacts; parking concerns; wind, shadows, and environment concerns; neighbourhood character compatibility; construction concerns; and building height.

9Mr. Kloibhofer testified that the OPA and ZBA will facilitate development in an appropriate location that is transit supportive and is a compact and efficient development form on an otherwise vacant parcel of land adjacent to the border of Downtown Hamilton. The OPA and ZBA, and the proposed development they facilitate, represent good planning and are in the public interest. He recommended that the OPA and ZBA, as revised by the Settlement, be approved.

FINDINGS

10The Tribunal accepted the uncontradicted expert opinion evidence of Mr. Kloibhofer, and found that the OPA and ZBA, as revised by the Settlement, meet the required legislative tests. Moreover, the Tribunal found that the OPA and ZBA represent good planning and are in the public interest. As such, the Tribunal found that the OPA and the ZBA warranted approval. An oral ruling to this effect was made at the Hearing.

ORDER

11THE TRIBUNAL ORDERS as follows:

a. The Applicant’s appeals pursuant to s. 22(7) and s. 34(11) of the Planning Act are allowed, in part.

b. The Official Plan for the City of Hamilton, the Urban Hamilton Official Plan, as amended, is further amended as set out in Attachment 1 to this Order.

c. The City of Hamilton Zoning By-law 05-200, as amended, is further amended as set out in Attachment 2 to this Order.

d. The Tribunal authorizes the municipal clerk of the City of Hamilton to format as may be necessary and to assign a number to the by-laws referenced in paragraphs [11b] and [11c] of this Order for record keeping purposes.

12The TRIBUNAL FURTHER ORDERS that, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective as of Thursday, November 21, 2024.

“Bita M. Rajaee”

BITA M. RAJAEE MEMBER 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.

ATTACHMENT 1

ATTACHMENT 2