The appeals of Hamilton’s commercial mixed-use zoning (CMZ) bylaw continue to progress at the Local Planning Appeal Tribunal, with the first hearing dates now scheduled to begin on February 14, 2022.

The city-wide appeals by Choice Properties Real Estate Investment Trust / Loblaw Properties (CP REIT) and Canadian Tire Real Estate Limited (CTREL) will be dealt starting on this date.

These appeals involving a wide range of issues including parking requirements, building sizes, heights, set backs, and design. Both CP REIT and CTREL have property holdings in nearly all commercial zoning types in Hamilton, thus their appeals impact nearly all commercial properties in Hamilton.

It is expected their appeals will require 25 days of hearings for expert testimony, cross-examination, and arguments. The Tribunal will sit four days per week for six weeks, with a likely March Break, meaning the city-wide appeals will last into April.

Site specific appeals continued to be scoped and the Tribunal will deal with them further at the next Case Management Conference on August 9.

Corktown Plaza Redevelopment Removed from Appeal

The owners of the Corktown Plaza, Slate Asset Management, originally appealed the CMZ to protect their interests as they worked through the planning application process for their now-approved plan to redeveloped the John Street South plaza into a mixed use site with two buildings – a 27-storey tower and a 14-storey building.

The property is zoned C5 Mixed Use Medium Density, with a site specific amendment for the new development.

With CP REIT and CTREL appeals being city-wide, they needed to formally withdraw their appeal solely on this site. LPAT approved the without prejudice amendment to their appeals.

C6 Zoning Height Limit Being Brought In Force By Written Motion – with 1290 South Service Road Remaining Under Appeal

The C6 District Commercial Zone height limit was only appealed by one party, 2294643 Ontario Inc. (Winona Point Joint Venture Inc) which is seeking to build a 28-storey tower at 1290 South Service Road in Stoney Creek as part of massive mixed-use development.

The C6 height limit is 14.0 metres, which translates into 3-to-4 storeys. This developer agreed to modify their appeal to be site-specific.

A written motion will be submitted to the LPAT to bring the new C6 height limit into effect.