Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 12, 2026
CASE NO(S).: OLT-25-000069
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1991803 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two 20-storey towers, with step-backs, atop a four-storey podium
Reference Number: ZAC-24-020
Property Address: 1494 Upper Wellington Street
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-25-000069
OLT Lead Case No.: OLT-25-000069
OLT Case Name: 1991803 Ontario Inc. v. Hamilton (City)
Heard: May 7, 2026, by video hearing
APPEARANCES:
Parties
Counsel
1991803 Ontario Inc. ("Applicant")
Russell Cheeseman Stephanie Fleming
City of Hamilton ("City")
Melanie Benedict Courtney Boyd
DECISION DELIVERED BY W. DANIEL BEST AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Merit Hearing to consider a settlement regarding an appeal brought forward for the above-noted matter. The Applicant appealed under s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Act"), against the failure of the City to make a decision on a Zoning By-law Amendment ("ZBA") concerning the property municipally known as 1494 Upper Wellington Street, in the City ("Subject Property").
2The Subject Property is located at the southwest intersection of Upper Wellington Street and Stone Church Road East, within the Ryckman’s Neighbourhood of the City.
3The Subject Property is approximately 2.4 hectares ("ha") in size with approximately 109 metres ("m") of frontage along Upper Wellington Street and approximately 170 m along Stone Church Road East. The Subject Property is currently vacant.
4The Subject Property generally slopes downward from the north along Stone Church Road East towards the low point along the south. The Subject Property is subject to a gas servicing easement along the northern property line and a municipal servicing easement along the southern property line.
5The lands surrounding the Subject Property consist of the following:
- To the north, on the opposite side of Stone Church Road East, is a range of institutional and residential uses. There are single-detached dwellings and a small residential development.
- To the east is a residential subdivision, which contains low-rise housing forms, including single-detached, semi-detached, and townhouse dwellings.
- To the south are single-detached residential dwellings, parks, schools, and other institutional uses.
- To the west are single-detached residential dwellings and a park is located within walking distance.
6The Subject Property is serviced by existing transit services. Bus stops are within close proximity, providing connection to amenities and the downtown.
7The Applicant originally proposed a development with two 20-storey towers connected by a four-storey podium, which would have provided a total of 682 rental apartment units.
8The Settlement Proposal consists of a development with two residential buildings with heights of six and twelve storeys, respectively. The proposed development will provide 519 rental apartment units. The Settlement Proposal shows an in-bound right-turn and out-bound right-turn access from Stone Church Road East and a full-movement access on Upper Wellington Street. These access points connect to surface parking and podium parking entrances internally within the Subject Property.
9The ZBA proposes to rezone the Subject Property from Agricultural (AA) Zone to Multiple Dwellings Modified, Holding (DE-2/S-1838-H) to facilitate the proposed development.
LEGISLATIVE FRAMEWORK
10When considering an appeal of an application to amend a ZBA filed pursuant to s. 34 of the Act, the Tribunal must have regard to matters of Provincial interest, as set out in s. 2 of the Act, and to the decision of the City Council and the information it considered, pursuant to s. 2.1(1) of the Act.
11Section 3(5) of the Act requires that decisions of the Tribunal affecting planning matters be consistent with the Provincial Planning Statement, 2024 ("PPS").
12The Tribunal must also be satisfied the ZBA conforms with the relevant Official Plans in effect.
13Overall, the Tribunal must be satisfied the ZBA represents good planning and is in the public interest.
SUBMISSIONS AND EVIDENCE
14In support of the proposed settlement, the following Exhibits were filed:
- Exhibit 1: Affidavit of Stephanie Mirtitsch, received April 28, 2026; and
- Exhibit 2: Applicant’s Document Book received April 28, 2026.
15Ms. Mirtitsch is a Registered Professional Planner and an Associate of a land-use planning consulting firm. Based on her experience and expertise outlined in her curriculum vitae, the Tribunal qualified her to provide opinion evidence as an expert in land-use planning.
Matters of Provincial Interest
16Ms. Mirtitsch stated the proposed development has appropriate regard to matters of Provincial interest. Ms. Mirtitsch highlighted that in relation to the Subject Property:
- The proposed development represents an orderly development of safe and healthy communities by establishing a transit-supportive rental housing development within the urban boundary and existing Settlement Area.
- The proposed development supports the adequate provision of a full range of housing in an area planned for growth that includes a mix of unit sizes to accommodate a range of income levels and household sizes.
- The proposed development makes effective use of existing municipal infrastructure to provide adequate capacity for servicing.
- The proposed development provides a built form designed to support active transportation and transit use by providing pedestrian connections to the existing transportation network. The proposed development will provide a transit supportive density to support existing and planned transit. The proposed development is compact, sustainable, will support public transit use, and be oriented to pedestrians.
- The proposed development is a compact built form on a vacant, underutilized parcel within the Settlement Area that will use land and resources efficiently.
Consistency with the PPS
17Ms. Mirtitsch stated the proposed development supports the creation of complete communities through the addition of rental apartment units in a residential area in proximity to a range of amenities and services, including transit service.
18Ms. Mirtitsch advised the proposed development facilitates intensification by developing a vacant and underutilized property with a mix of one-bedroom, two-bedroom, and three-bedroom units. She continued that the proposed development provides unit options for a range of demographics and household sizes in an area with few housing options.
19Ms. Mirtitsch stated the existing infrastructure, and services, are present in the area and will be able to support the proposed development, makes efficient use of the land, resources, infrastructure, and public service facilities.
20The Subject Property is well serviced by transportation, including multiple existing Hamilton Street Railway routes and planned BLAST (rapid transit) network routes. The proposed development is transit supportive and can be well integrated into the surrounding active transportation infrastructure through sidewalk connections.
Conformity with the City’s Urban Official Plan
21Ms. Mirtitsch confirmed the Subject Property is within the Settlement Area and City’s Urban Boundary. She further confirmed that proposed development contemplates a compact and efficient development supported by full municipal services, which is aligned with intensification and development, and with compact built form being generally encouraged throughout the Settlement Area to aid in achieving growth and intensification targets.
22Ms. Mirtitsch advised the Subject Property is designated "Neighbourhoods" in the City’s Urban Official Plan ("HUOP"). This designation is intended to permit residential uses and supports the concept of complete communities. She continued that the proposed development integrates within the existing community fabric through design, has common amenity space through podium terraces and private amenity space through balconies and terraces, is located near parks, has educational facilities, which can be accessed by future residents by walking or active transportation, and is in proximity to existing and proposed public transit.
23Ms. Mirtitsch stated the proposed development includes a mix of unit sizes to accommodate a range of demographics, household sizes, and income levels. She continued that the site design, proposed pedestrian connections, and proximity to transit stops encourages active transportation usage and transit-ridership.
24Ms. Mirtitsch stated the site-specific zoning provisions are appropriate, the concept plan retains compatibility with adjacent properties, demonstrated through key studies, site functionality for traffic management, and servicing, and is supported by existing municipal infrastructure.
25Ms. Mirtitsch stated the Ryckman’s Neighbourhood Plan ("Plan") is not adopted as part of the HUOP and is outdated and inconsistent with the HUOP and PPS.
26Ms. Mirtitsch opined that the proposed development has considered the objectives and policies of the Plan and does not conflict with the Plan.
Participants’ Concerns
27Ms. Mirtitsch advised that, through her review of all of the comments in the Participant Statements, she believes all relevant and appropriate comments have been addressed through revisions to the proposed development, and which will be implemented in the proposed ZBA. Ms. Mirtitsch further advised that the Participant Statements do not change her opinion above that the Settlement Proposal is appropriate for approval by the Tribunal.
28The Tribunal finds that Ms. Mirtitsch adequately addressed the concerns identified by the Participants related to height, density, and the impacts of the surrounding airport, traffic, environmental impacts, construction, privacy, and compatibility.
SUMMARY
29Ms. Mirtitsch opined the Settlement Proposal represents good planning, the proposed development addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is consistent with the PPS, and conforms with the HUOP. Ms. Mirtitsch recommended the Tribunal approve the ZBA instrument as presented.
FINDINGS AND DISPOSITION
30The Tribunal accepts the uncontroverted planning opinion evidence of Ms. Mirtitsch in its entirety. The Tribunal finds the Settlement Proposal addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is representative of good land use planning, is consistent with the PPS, and conforms with the HUOP.
ORDER
31THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and directs the City of Hamilton to amend By-law No. 6593, as amended, as set out in Attachment 1 to this Order. The Tribunal authorizes the clerk of the City of Hamilton to assign a number to this by-law for record keeping purposes.
"W. Daniel Best"
W. DANIEL BEST
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