Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 2, 2024

CASE NO(S).: OLT-23-000795

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

Applicant/Appellant: 499 Mohawk Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development consisting of eight multiple dwellings ranging in height from 25-storeys to 8-storeys and townhouses
Reference Number: UHOPA-23-001
Property Address: 499 Mohawk Road East
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-23-000795
OLT Lead Case No: OLT-23-000795
OLT Case Name: 499 Mohawk Inc. v. Hamilton (City)

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

Applicant/Appellant: 499 Mohawk Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development consisting of eight multiple dwellings ranging in height from 25-storeys to 8-storeys and townhouses
Reference Number: ZAC-23-001
Property Address: 499 Mohawk Road East
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-23-000797
OLT Lead Case No: OLT-23-000795

Heard: March 19, 2024 by Video Hearing

APPEARANCES:

Parties

499 Mohawk Inc.

Counsel

Matthew Helfand

Parties

City of Hamilton

Counsel

Patrick Harrington (in absentia)
Peter Krysiak

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON MARCH 19, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the second Case Management Conference (“CMC”) regarding Appeals pursuant to sections 22(7) and 34(11) of the Planning Act (“Act”) by 499 Mohawk Inc. (“Applicant”) regarding the failure of the City of Hamilton (“City”) to make decisions on Applications for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) for the property municipally known as 499 Mohawk Road East (“Subject Property”) in the City.

2The Subject Property is approximately 3.9 hectares in size with approximately 196 metres (“m”) of frontage on Mohawk Road East and 118 m of frontage on Upper Sherman Avenue, with access provided via each road which would connect to an internal roadway.

3The Proposal is to permit a total of 1,995 dwelling units in the following forms: two 25-storey multiple dwellings, one 20-storey multiple dwelling, two 5-storey multiple dwellings, one 13-storey multiple dwelling, two 8-storey multiple dwellings and seven three-storey townhouse dwellings. A total of 1,945 dwelling units would be in the proposed multiple dwelling buildings, with 50 units in the proposed townhouses.

Update

4Counsel for the Parties advised that discussions had been ongoing between the Parties, including two mediation sessions. Mr. Helfand advised that a draft Procedural Order (“PO”) including an Issues List (“IL”), developed with the input of both Parties, had been provided to the Tribunal for review in advance of this CMC.

5It was jointly suggested by the Parties that a 10-day hearing be set, subject to the availability in the Tribunal’s calendar. Counsel for both the Applicant and the City advised the Tribunal that three witnesses per side were being contemplated at this time; however, that the number of witnesses could change should issues be resolved. Mr. Helfand proposed that a start date in late 2024 (October-December) would be acceptable to the Applicant; however, Mr. Krysiak stated that the City would prefer a date in the first part of 2025 due to the on-going challenges resulting from the recent cybersecurity incident experienced by the City.

SCHEDULING OF FUTURE HEARINGS

6Upon review and consideration, the Tribunal scheduled a 10-day hearing to begin Monday, March 10, 2025, at 10 am by Video Hearing.

7Parties 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:

GoToMeeting: https://global.gotomeeting.com/join/914098901

Access Code: 914-098-901

8Parties 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.

9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.

10Individuals 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 Video Hearing 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.

11Mr. Helfand offered to take the lead on the submission of the final PO including IL and the Tribunal directed that it be provided on or before Tuesday, April 9, 2024, for review and approval.

ORDER

12The Tribunal Orders that:

a) A 10-day hearing is set as outlined above;

b) The draft Procedural Order (including Issues List) will be provided to the Tribunal on or before Tuesday, April 9, 2024;

“S. Bobka”

S. BOBKA 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.