Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 15, 2025
CASE NO.: OLT-23-000992
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: DiCenzo Construction Company Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two mixed-use residential buildings at 30-storeys and 39-storeys connected by a 3-storey to 4-storey podium containing 741 dwelling units, 297 square metres of commercial floor area at grade, 4,824 square metres of amenity area with 366 vehicle parking spaces contained within a parking structure and a total of 388 bicycle parking spaces (378 long term bicycle parking spaces and 10 short term bicycle parking spaces)
Reference Number: UHOPA-23-009
Property Address: 117 Jackson Street East
Municipality/UT: City of Hamilton
OLT Case No.: OLT-23-000992
OLT Lead Case No.: OLT-23-000992
OLT Case Name: DiCenzo Construction Company Limited v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: DiCenzo Construction Company Limited
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To permit the development of two mixed-use residential buildings at 30-storeys and 39-storeys connected by a 3-storey to 4-storey podium containing 741 dwelling units, 297 square metres of commercial floor area at grade, 4,824 square metres of amenity area with 366 vehicle parking spaces contained within a parking structure and a total of 388 bicycle parking spaces (378 long term bicycle parking spaces and 10 short term bicycle parking spaces)
Reference Number: ZAC-23-024
Property Address: 117 Jackson Street East
Municipality/UT: City of Hamilton
OLT Case No.: OLT-23-000993
OLT Lead Case No.: OLT-23-000992
BEFORE:
J. INNIS MEMBER
Thursday, the 15th day of May, 2025
THIS MATTER having come before the Tribunal at a public hearing and the Tribunal in its Decision and Interim Order issued on December 24, 2024 having allowed the appeals in part for the Official Plan Amendment and Zoning By-law Amendment matters and withheld its Final Order until the draft Official Plan Amendment and the draft Zoning By-law Amendment are in final form satisfactory to the City of Hamilton and DiCenzo Construction Company Limited;
THE TRIBUNAL ORDERS that the appeal with respect to the Official Plan Amendment is allowed in part and the Official Plan for the City of Hamilton is amended as set out in Attachment “1” to this Order;
AND THE TRIBUNALS ORDERS that the appeal with respect to the Zoning By-law Amendment is allowed in part and By-law 05-200 of the City of Hamilton is hereby amended as set out in Attachment “2” 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.
“Euken Lui”
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 “1”
ATTACHMENT 1 OFFICIAL PLAN AMENDMENT TO URBAN HAMILTON OFFICIAL PLAN
Schedule “1”
OLT- 23-00992
Urban Hamilton Official Plan
Amendment No. 228
The following text, together with Appendix “A”, Volume 2: Map B.6.1-1 – Downtown Hamilton Secondary Plan – Land Use Plan attached hereto, constitutes Official Plan Amendment No. 228 to the Urban Hamilton Official Plan.
1.0 Purpose and Effect:
The purpose and effect of this Amendment is to establish a new Site Specific Policy in the Downtown Hamilton Secondary Plan to increase the maximum permitted building height and permit the development of a mixed use building with two tower elements at heights of 30 and 39 storeys, exclusive of mechanical penthouse elements.
2.0 Location:
The lands affected by this Amendment are known municipally as 117 Jackson Street East in the former City of Hamilton.
3.0 Basis:
The basis for permitting this Amendment is as follows:
- The Amendment implements the vision of the Downtown Hamilton Secondary Plan by providing a mix of uses on site and contributing to a range of housing options within Downtown Hamilton;
- The Amendment conforms with the design criteria for High-Rise (Tall) Buildings in the Downtown Hamilton Secondary Plan and the Downtown Hamilton Tall Building Guidelines;
- The Amendment will serve Central Hamilton by providing new housing with a mix of residential unit types that will add housing choice for new and existing residents;
- The Amendment will make efficient use of underutilized lands within the Downtown Core in proximity to transit (including higher-order transit), open space, employment, retail, and other services;
- The Amendment will assist in animating Jackson Street East and Catharine Street South and provide continuous street-edges with at-grade mixed-use access;
- The Amendment will provide additional retail/commercial development to service the needs of the community;
The Amendment is consistent with the Provincial Planning Statement, 2024
4.0 Actual Changes:
4.1 Volume 2 – Secondary Plans
Text:
4.1.1 Chapter B.6.0 – Hamilton Secondary Plans – Section B.6.1 – Downtown Hamilton Secondary Plan.
- That Volume 2: Chapter B.6.0 – Hamilton Secondary Plans, Section B.6.1 – Downtown Hamilton Secondary Plan be amended by adding a new Site Specific Policy, as follows:
“Site Specific Policy – Area H”
B.6.1.15.8 For lands identified as Site Specific Policy – Area H on Map B.6.1-1 – Downtown Hamilton Secondary Plan – Land Use Plan, and known as 117 Jackson Street East, the following policy shall apply:
a) Notwithstanding Policies B.6.1.4.12, B.6.1.4.14, B.6.1.4.18 b), and B.6.1.4.37, the building height shall be no greater than 124 metres for the eastern tower and 97 metres for the western tower, excluding Mechanical Penthouses.
Maps:
4.1.2 Map
- That Volume 2: Map B.6.1-1 – Downtown Hamilton Secondary Plan – Land Use Plan be amended by identifying the subject lands as Site Specific Policy - Area “H” as shown on Appendix “A”, attached to this Amendment.
5.0 Implementation:
An implementing Zoning By-law Amendment and Site Plan Approval will give effect to the intended uses and performance standards on the subject lands.
This Official Plan Amendment is Schedule “1” to By-law No.___________, pursuant to the Decision / Order of the Ontario Land Tribunal issued in Case No. OLT- 23-00992 on the 24th day of December 2024.
Attachment “2”
ATTACHMENT 2
ZONING BY-LAW AMENDMENT TO
BY-LAW NO. 05-200 OF THE CITY OF HAMILTON
CITY OF HAMILTON
BY-LAW NO. ________
To Amend Zoning By-law No. 05-200 with respect to lands located at
117 Jackson Street East, Hamilton
WHEREAS the Ontario Land Tribunal, in its Decision/Order No. OLT-23-00992, dated the day of , 2025 approved the amendment to Zoning By-law No. 05-200, as herein provided;
AND WHEREAS this By-law will conform with the Urban Hamilton Official Plan Upon approval of Official Plan Amendment No. 228.
NOW THEREFORE Council amends Zoning By-law No. 05-200 as follows:
That Schedule “A” – Zoning Maps, Map 953 and 995 be amended by changing the zoning from the Downtown Central Business District (D1,H17,H19,H20) Zone to the Downtown Central Business District (D1,927) Zone for the lands known as 117 Jackson Street East, the extent and boundaries of which are shown on Schedule “A” of this By-law.
That Schedule “C” – Special Exceptions is amended by adding the following new Special Exception:
“927. Within the lands zoned Downtown Central Business District (D1, 927) identified on Maps 953 and 995 of Schedule “A” – Zoning Maps and described as 117 Jackson Street East, Hamilton, the following special provisions shall apply:
a) That notwithstanding Section 6.0 c) i) and Schedule “F” – Special Figure No. 15 – Building Base Façade Height, a maximum building base façade height for Catharine Street South and Jackson Street East of 16.0 metres shall be permitted;
b) That notwithstanding Section 6.0 c) i) and Subsection a) above, no stepback is required from the building base façade height to a maximum of 20% of the exterior façade for each tower;
c) That notwithstanding Section 6.1.3.b ii) and Schedule “F” – Special Figures No. 1, a maximum building height of 124.0 metres shall be permitted for the easterly tower and a maximum building height of 97.0 metres shall be permitted for the westerly tower.
That no building or structure shall be erected, altered, extended, or enlarged, nor shall any building or structure or part thereof be used, nor shall any land be used, except in accordance with the provisions of the Downtown Central Business District (D1,927) Zone subject to the special requirements referred to in Section 2 of this By-law.
That this By-law No. shall come into force and be deemed to come into force in accordance with Subsection 34(21) of the Planning Act, either upon date of passage of this By-law or as otherwise provided in the said Subsection.
Passed and Enacted this __ day of _____, 2025.