Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2025
CASE NO(S).: OLT-24-000663
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Zest (Town Square) Developments Inc. and Zest Communities Inc.
Subject: Application to amend the Zoning By-law – Refusal or failure to make a decision
Description: To permit a 2-storey commercial/office, multiple 4-6 storey residential buildings, and 1.5-3-storey townhouse units
Reference Number: ZAC-20-029
Property Address: 393 Rymal Road West
Municipality/UT: City of Hamilton
OLT Case No.: OLT-24-000663
OLT Lead Case No.: OLT-24-000663
OLT Case Name: Zest (Town Square) Developments Inc. and Zest Communities Inc. v. Hamilton (City)
Heard: April 28, 2025 by video hearing
APPEARANCES:
Parties Zest (Town Square) Developments Inc. and Zest Communities Inc.
Counsel Isaiah Banach Jessica Chen
Parties City of Hamilton
Counsel Melanie Benedict Patrick McDonald (in absentia)
DECISION DELIVERED BY KURTIS SMITH ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1Zest (Town Square) Developments Inc. and Zest Communities Inc. (“Zest”) seeks the approval of a Zoning By-law Amendment (“ZBA”) to solidify their proposed development on the lands municipally known as 393 Rymal Road West in the City of Hamilton (“City”) within the St. Elizabeth Village.
2Following several revisions to the original ZBA by Zest and executed Minutes of Settlement (Exhibit 1) between Zest and the City, the original five-day merit hearing was converted to an uncontested hearing of the merits of the Modified ZBA.
3To support the Modified ZBA the Tribunal, based on Sarah Knoll’s Curriculum Vitae and Acknowledgement of Experts Duty, qualified Ms. Knoll to provide opinion evidence in the area of land use planning.
EVIDENCE
4Ms. Knoll provided the Tribunal with oral, written (Exhibit 3 a, b, and c), and visual (Exhibit 4) evidence to support her findings that the Modified ZBA has regard for s. 2 of the Planning Act (“Act”), is consistent with the Provincial Planning Statement 2024 (“PPS”), conforms to the Urban Hamilton Official Plan (“UHOP”), and that the revised proposed development contemplated through the Modified ZBA will not have unacceptable adverse impacts on the surrounding neighbourhood.
5The Revised Proposed Development includes 430 residential units contained within a mix of 4-6 storey apartments, 1-1 ½ storey bungalow townhouses, and 3 storey townhouses, 2,024 square meters of retail and office space, above and below ground parking, and amenity space in the form of a central urban square and landscape areas.
6The notable focal point to the public realm of the proposed development is the commercial building presence along Rymal Road West at the corner of Bishop Ryan Way as shown in the rendering on Exhibit 1, page 19.
7Ms. Knoll opined that the Modified ZBA is appropriate, conforms and is consistent with the PPS and UHOP, and should be approved, as:
a. The proposed scale of development will not create any unacceptable adverse impacts;
b. The proposed use, scale and siting of development are respectful of the adjacent land uses and existing site constraints relating to grading;
c. The Revised Proposed Development will enhance the existing neighbourhood as it will provide aspects of a complete community, providing alternative housing options and amenities, including commercial development and provisions for alternative modes of transportation;
d. The Revised Proposed Development is an appropriate height and density for the Site, considering its context in the surrounding neighbourhood;
e. The Revised Proposed Development provides for appropriate landscaping requirements with ample open space areas, and existing tree retention and planting;
f. The buildings have been sited to be compatible with the surrounding area and the pedestrian environment is reinforced through appropriate building massing techniques, including a centralized square and walkways;
g. The amendments proposed are a direct result of the incorporation of the Site to the existing St. Elizabeth Village community, the neighbouring existing residential, and the existing grading interface with Rymal Road West. The Modified ZBA as it contributes to an appropriate relationship with those elements and will not negatively affect the existing and planned function of the area.
FINDINGS
8On the uncontested evidence of Ms. Knoll, the Tribunal finds that the Modified ZBA has due regard for matters of Provincial Interest in s. 2 of the Act, is consistent with the PPS, conforms to the UHOP; therefore, represents good planning in the public interest.
ORDER
9THE TRIBUNAL ORDERS that the appeal is allowed in part, and Orders that:
a. The City of Hamilton Zoning By-law No. 05-200 is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the City of Hamilton to assign a number to this by-law for record keeping purposes; and,
b. The Tribunal may be spoken to if there are any matters that arise in connection with the implementation of this Order.
Kurtis Smith
KURTIS SMITH 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.
Authority: Item , Report (PED24 ) CM: Ward:
Bill No.
ATTACHMENT 1
CITY OF HAMILTON BY-LAW NO.
To Amend Zoning By-law No. 05-200 Respecting Lands Located at 393 Rymal Road West
WHEREAS the Ontario Land Tribunal, in its Decision/Order No. OLT- dated , 2025 approved the amendment to Zoning By- law 05-200, as herein provided;
AND WHEREAS this By-law is in conformity with the Urban Hamilton Official Plan;
NOW THEREFORE the Council amends Zoning By-law No. 05-200 as follows:
That Schedule “A” – Zoning Maps, Map No. appended to and forming part of By- law No. 05-200, is amended by changing the zoning from the Transit Oriented Corridor Mixed Use Medium Density (TOC1) Zone to the Modified Transit Oriented Corridor Mixed Use Medium Density Zone, Modified (TOC1, ) for the lands known as 393 Rymal Road West, Hamilton, the extent and boundaries of which are shown on Schedule “A” to this By-law.
That Schedule “C” - Special Exceptions, is amended by adding the following new Special Exemption:
“XXX” Within the lands zoned Transit Oriented Corridor Mixed Use Medium Density (TOC1,XXX) Zone, identified on Map of Schedule “A” - Zoning Maps and described as 393 Rymal Road West, the following special provisions shall apply:
a) Notwithstanding Section 3 as it relates to the definition of Multiple Dwelling, the following shall apply:
i) Multiple Dwelling – Shall mean a building or part thereof containing three or more dwelling units
b) Notwithstanding Section 5.1.1 d), Section 5.2.4, Section 5.3.1 c) and d) and Section 5.7.1 a) iv) the following regulations shall apply:
i) Access Requirements i) May be permitted abutting a street line. ii) Tandem parking spaces within a garage and driveway may be permitted and shall not require the minimum access aisle width, and; iii) Access to parking may be located on adjacent lot/zone
ii) Design Standards A minimum 1.5 metre wide landscape strip which shall contain a visual barrier in accordance with Section 4.19 of this By-law shall only apply along the eastern lot line.
iii) Minimum Required Parking Rate Commercial Uses A minimum combined total of 81 parking spaces shall be provided, along with any reduction that may be required from 5.3.1 e) v)
c) Notwithstanding Sections 11.1.1.1, 11.1.3 a) ii), b), c), d) i) and iii), f), g) ii), g) v), g) vi), g) vii), and i) i), the following regulations shall apply:
a) Building Setback from a Street Line ii) Maximum 4.5 metres where a Building has frontage on Rymal Road West, except there shall be no maximum for all other Buildings that are greater than 4.5 metres from Rymal Road West.
b) Minimum Rear Yard 4.0 metres.
c) Minimum Interior Side Yard i) 7.5 metres, except; ii) 4.0 metres along the westerly lot lines and; iii) 0.0 metres abutting a daylight triangle.
d) Building Height i) A minimum of 9.0 metres for the building closest to Rymal Road West, and a minimum of 7.5 metres for all other buildings.
f) Maximum Gross Floor Area for an Office Building The gross floor area for an individual Office unit shall not exceed 500.0 square metres. The total combined gross floor area of all Office uses shall not exceed 10,000.0 square metres.
g) Built Form for New Development ii) For an interior lot or a through lot the minimum width of the ground floor façade facing the front lot line shall be greater than or equal to 40% of the measurement of the front lot line. v) A maximum driveway width of 14.0 metres shall be provided and may be provided within another zone/lot. vi) Parking, stacking lanes, or aisles may be located between stand-alone residential buildings and front lot line.
i) Visual Barrier i) A visual barrier shall be required along the easterly lot line in accordance with the requirements of Section 4.19 of this By-law.
- That Schedule “D” – Holding Provisions be amended by adding the additional Holding Provision as follows:
“HXX” Notwithstanding Section 11.1 of the By-law, within lands zoned Transit Oriented Corridor Mixed Use Medium Density (TOC1, ) Zone, identified on Map No. of Schedule “A” – Zoning Maps, no development shall be permitted until such time as:
a) The Owner submits and receives approval for a revised Functional Servicing Report (FSR) detailing the stormwater management design and sanitary sewer design, including downstream sewer analysis. The sanitary sewer analysis and monitoring requirements shall be in accordance with a scope of work agreed upon by both parties, demonstrating that the existing municipal infrastructure has adequate capacity, as per City standards and by-laws, to support the proposed development, all to the satisfaction of the Director of Development Engineering.
b) That the Owner makes satisfactory arrangements with the City’s Growth Management Division and enter into and register on title of the lands, an external works agreement with the City for the design and construction of any required improvements to the municipal infrastructure at the owner’s cost, should it be determined that upgrades are required to the infrastructure to support this development, according to the FSR and WHAR accepted by the City’s Director of Development Engineering.
c) Submit to the City’s Director of Development Engineering the necessary approvals from the Ministry of Environment, Conservation and Parks (MECP) for the proposed stormwater management works, including discharging the flow to the existing inline pond on the subject land, in accordance with the Ontario Water Resources Act, R.S.O. 1990, c. O.40, and Ontario Regulation 525/98. Alternatively, provide a confirmation letter from MECP stating that they do not have objection to the proposed storm sewer from this site connecting to the existing outlet on the adjacent lands under the same ownership, subject to any City requirements to allow such use between owners, such as a Joint Use Agreement or similar instrument, and necessary easements/consent severance, to meet the City’s current sewer drain by-law requirements.
- That this By-law No. 24-XXX shall come into force and be deemed to come into force in accordance with Sub-Section 34(21) of the Planning Act, either upon the date of passage of this By-law or as otherwise provided by the said Sub-Section.
PASSED this ,
Mayor
City Clerk
This is Schedule “A” to By-Law No. 23- Passed the day of 2023
Mayor Clerk
Schedule “A” Map Forming Part of By-law No. 23- to Appeal By-law No. 6593 and to Amend the By-law No 05-200
Subject Property 393 Rymal Road West Lands to be rezoned from DE/S-1023, DE/S-1788 to TOC1-XX
Scale: N.T.S Date: May 10, 2023
File Name/Number -_ Prepared by: GSP Group