Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 15, 2024
CASE NO.:
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 section 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
BEFORE:
K. HEWITT
MEMBER
Thursday, the 15th day of
F. LAVOIE
August, 2024
MEMBER
THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence on Monday, October 28, 2024.
“Euken Lui”
ACTING REGISTRAR
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
ATTACHMENT “A”
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. Request to amend the Official Plan – Failure to adopt the
Subject: requested amendment
To permit a mixed-use development of two residential
Description: towers on top of a podium
Reference Number: UHOPA-22-005
200 Market Street, 125 Napier Street, and 55 Queen
Property Address: 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 section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Hamilton Queen and Market Inc.
Application to amend the Zoning By-law – Refusal or
Subject: neglect to make a decision
To permit a mixed-use development of two residential
Description: 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
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on Monday, October 28, 2024, at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The procedural order deadlines are generally found in Attachment 1.
The parties and participants identified at the case management conference are set out in Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it, except if the Issues List is modified to reduce issues, or in order to address changes to the Planning Act, Provincial Policy Statement and/or Growth Plan or other relevant provincial policy, or through mediation or pursuant to a settlement between any of the parties, or is otherwise on consent of the parties.
The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before August 2, 2024, and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before August 16, 2024, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the Tribunal’s Case Co-ordinator on or before August 30, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before September 13, 2024, the parties shall provide copies of their witness statements, including expert witness statements, and/or brief outlines (if any), to the other parties and to the Tribunal’s Case Co-ordinator and in accordance with paragraph 22 below.
On or before September 13, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before September 23, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before October 18, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before September 27, 2024, Parties may provide to all other parties and the Tribunal’s Case Co-ordinator a written response to any written evidence in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the Tribunal’s Case Co-ordinator on or before October 18, 2024.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 18, 2024, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the court of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Tribunal’s Rule 7. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal's Video Hearing Guide, or as may be amended. Section 22 applies regardless if the hearing event is in person or electronic.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
SUMMARY OF KEY DATES
Date
Hearing Event
August 2, 2024
Exchange of List of Witnesses
August 16, 2024
Expert Witness Meeting
August 30, 2024
Filing of Statement(s) of Agreed Facts and Issues
September 13, 2024
Exchange of Witness Statements
September 13, 2024
Delivery of Participant Statements
September 23, 2024
Confirmation to Tribunal if all reserved hearing dates are still required
October 18, 2024
Exchange of Visual Evidence
September 27, 2024
Exchange of Reply Witness Statements
October 18, 2024
Filing of Joint Document Book
October 18, 2024
Filing of Hearing Plan
October 28, 2024
Hearing Commences
ATTACHMENT 2
PARTIES
PARTIES
- Hamilton Queen and Market Inc.
WeirFoulds LLP
Suite 201, 1320 Cornwall Road
Oakville, Ontario
L6J 7W5
Denise Baker
416-947-5090
- CITY OF HAMILTON
50 Main Street West, 5th Floor
Hamilton, Ontario
L8N 1E9
Peter Krysiak
905-546-2424 Ext. 4206
PARTICIPANTS
- Elizabeth Reinhart
289-308-6168 / 905-528-1435
- Wayne MacPhail
ATTACHMENT 3
ISSUES LIST
Has the proponent satisfactorily demonstrated consistency with Policies 1.1.3.2 and 1.1.3.4 of the Provincial Policy Statement (2020) with regards to new developments adding mitigation measures to address climate change and to promote energy efficiency as part of their development and unit mix sizes for the development?
Does the development proposal conform with Policy 2.2.1.4 and 2.2.6 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019, as amended)?
Does the proposed intensification demonstrate compliance with Urban Hamilton Official Plan Policies B.2.4.2.2, B.2.4.1.4, C.2.11.1 and C.5.6.1 with regards to the height of the podium, location of the towers, sustainable design principles, tree preservation and accommodating appropriate soil depths for tree planting and landscaping in the public realm?
Does the proposed design comply with the Official Plan policy with regards to the proposed building height and protecting the view of the Niagara Escarpment as a significant heritage feature within the City of Hamilton as per Policy E.3.6.7?
Does the proposed development demonstrate compliance with Policy E.3.6.8 of the Urban Hamilton Official Plan with regards to compatibility with the surrounding area, sustainable building design, adequate landscaping, amenity features, on-site parking, buffering, adequate access, unit mix, loss of privacy and protection of public views?
Will the proposed development cause undue adverse shadow and wind impacts in accordance with Urban Hamilton Official Plan Policy B.3.3.3.2?
Does the proposal demonstrate compliance with Policies C.4.1.8, C.4.2.4, C.4.2.12, C.4.5.12, C.5.3.13, C.5.3.14, C.5.3.17, C.5.4.3 and C.5.4.5 with regards to Transportation an Engineering Infrastructure?
Does the increased density from 300 units per hectare to 1375 units per hectare and 10 storeys to 41 storeys in maximum building height conform with Policies B.6.6.5.2 and V.6.6.5.5 in the Strathcona Secondary Plan located in Volume 2 of the Urban Hamilton Official Plan and appropriate for the area?
Does the development demonstrate compliance with Policies B.6.6.4.1, B.6.6.10, B.6.6.12.2.5, B.6.6.12.2.7, B.6.6.12.3.4, B.6.6.12.4.2 and B.6.6.13.1 in the Strathcona Secondary Plan located in Volume 2 of the Urban Hamilton Official Plan related to the following:
Compatibility with adjacent areas in regards to built form;
Urban Design Policies;
Boulevard Tree Plantings;
Building design along transit routes;
Green infrastructure design; and,
Having regard for Transit Oriented Design Guidelines and City Wide Corridor Planning Principles and Design Guidelines?
Are the proposed site specific performance standards compatible and in keeping with the intent of the Zoning By-law?
Does the proposed Official Plan Amendment and Zoning By-law Amendment represent good land use planning and is it in the public interest?
ATTACHMENT 4
ORDER OF EVIDENCE
- Hamilton Queen and Market Inc.
- City of Hamilton
- Hamilton Queen and Market Inc., in reply