|Land Use and Development Planning News
At Hamilton’s Design Review Panel
DRP Supportive, with reservations, of Delta Secondary Redevelopment
January’s Design Review Panel meeting reviewed plans for 900 plus residential units to be built on the site of Delta Secondary School. The panel was supportive overall of intensification along the LRT line.
They had two areas of concern: a lack of contribution to the public realm and a lack of spacing between the three planned mid-rise buildings.
DRP’s Chair David Clusiau noted Hamilton’s Tall Building Guidelines require tower separation, to which the developer’s agent noted that tall buildings are defined as greater than 44 metres and the Delta buildings are not that tall.
Clusiau responded, “you have gone to the very top of the area where you would. If you went another millimetre over, then yes, you would immediately suddenly have to double your width.”
Full story with further details on TPR here.
Photo: Developer’s render from City planning file.
February DRP Meeting: 1866 Rymal Road East
An eight-storey mixed-use retirement home with a daycare and ground-level commercial is being proposed for 1866 Rymal Road East, across from Bishop Ryan Secondary School.
It is just the latest mid-rise proposal along the rapidly intensifying Rymal Road corridor.
DRP will review the file on Thursday, Feb 9, beginning at 1:30 p.m.
The public will be able to view the meeting via WebEx webinar.
More on the application on TPR here: Hamilton Design Review to Discuss Eight Storey Proposal for 1866 Rymal Road East
Under Construction (Finally)
Queenston Traffic Circle CityHousing
Three municipal elections later, the promised CityHousing mid-rise at the Queenston Traffic Circle is under construction.
The foundation permit was issued last week, Invizlj Architects posted to their Facebook page on Friday.
At the Ontario Land Tribunal
140 Garder Road East Wetlands Hearing Now in October
The owners of 140 Garner Road East are asking the Ontario Land Tribunal to overrule the Hamilton Conservation Authority and allow for the relocation of a wetland.
The application was denied by the HCA Board of Directors in a close vote, despite having the full support of then-HCA Chair City Councillor Lloyd Ferguson.
Environmental Defence intervened and was granted full party status.
The appeal hearing begins on October 2, 2023, and runs for “15 consecutive days, not including October 9, 16, and weekends.”
Video conference info in the OLT’s procedural order.
860 & 884 Barton Street, Stoney Creek
Losani Homes is appealing for non-decision “to change the zoning in order to retain an existing dwelling and permit the development of 324 multiple residential units in the form of maisonette townhouses, standard towns, and stacked townhouses.”
Two themes out of this hearing: the City’s lawyers are overworked, and the province making the OLT less friendly for the public.
City Lawyers’ Workload
An ongoing challenge at OLT is the workload of the City’s two planning lawyers. Both of them are excellent at their jobs and hardworking. They are meeting deadlines to file documents and submissions, but with heavy workloads, they often push right to the deadlines. This causes challenges for the Tribunal and other parties.
During Wednesday’s hearing, the lawyer for Losani Homes noted they were still working with the City up to the night before and needed time to review documents the city lawyer prepared for both parties.
Nancy Smith of Turkstra Mazza emphasized she trusts the city lawyer. She sought a week to review documents before the Tribunal issues the final procedural order for the planned seven-day hearing in July.
The Unfriendly Tribunal
Bruce Krushelnicki, Ph.D., wrote the book on the Ontario Municipal Board, literally, his 2003 “A practical guide to the Ontario Municipal Board.”
In the book, he describes the defunct Board’s efforts to ensure lay people could “present their own case by simply ‘telling their side of the story’ to the Board in their own words.”
Krushelnicki would become the OMB’s Executive Chair and presided over changes to address how “Over the years, Board hearings have gained some notoriety for their length, complexity and costs to the parties and government” and less welcoming of the public.
Under the rules changes of the Ontario Conservative government, laypeople are now limited to written statements to the Tribunal. On paper, laypeople can request Party Status, which is onerous and impractical.
This is not to say individual Tribunal members are unfriendly. During today’s hearing, the neighbours’ – an older couple – daughter sought to protect her parents’ interest.
She asked many questions, at a disadvantage in the video conference format. After around 10 minutes of back-and-forth, the Tribunal lowered its formality, and explained the process and options.
She decided to remain an observer – with the understanding the City will (outside the Tribunal process) provide her information to assist her parents’ decision-making.
Stoney Creek News Story on Lakeshore Drive Appeal
The Stoney Creek News covers a 38-home subdivision planned for the shore of Lake Ontario at 11, 19, 20, 21, 23, 27 & 30 Lakeshore Drive in Stoney Creek. Read about the appeal online here.
I’ll add, after you’ve read the story, the Tribunal is triaging appeals and fast-tracking cases in which the outcome is obvious. Expect this case to move quickly.
The OLT case file number is: OLT-22-004814
71 Main Dundas is Hamilton’s First Bill 23 Development Fee Appeal
Craig Campbell at the Dundas Star does an excellent job reviewing and getting expert analysis of this appeal.
In short, the owners of the property argue that the Ontario Conservative government’s decreased development changes mean they should pay $190,000 in parkland fees for construction because their final building permit was after November 28 when Bill 23 came into effect.
The City ruled the charge is $836,416.00 because the shoring permit was issued before Bill 23 and the City states this is the date of building permit.
From the owner’s OLT application:
“The Appellant is applying to the Ontario Land Tribunal pursuant to subsection 42(10) after having paid a higher cash-in-lieu fee demanded by the City, under protest, pursuant to subsection 42(12).
The Appellant appeals the City’s decision that the cash-in-lieu fee for the project was $836,416.00 ($13,069 x 64 residential units). The Appellant paid the amount of $836,416.00 to the City under protest on December 5, 2022. The Appellant submits that the correct cash-in-lieu fee was $190,000.00, being 10% of the appraised value of the land ($1,900,000.00) per subsection 42(3.3) (a) and Bill 23: The More Homes Built Faster Act, 20221 (“Bill 23).”
“The City interpreted subsection 42(3.5) to render subsection 42(3.3) inapplicable on the basis that the building permit was issued to the Appellant prior to November 28, 2022 (the date on which Bill 23 came into force). Specifically, the City took the position that the interim or conditional shoring permit (attached) issued by the City to the Appellant on May 10, 2022 (the “Shoring Permit”), was a building permit for the purposes of subsection 42(3.5).”
No dates have been set for the first case management hearing.
The OLT case number is: OLT-22-004846
442, 450, 454, and 462 Wilson Street East (Ancaster)
The final procedural order for this hearing is issued. I’ve posted the text of it to TPR.
Metroland’s Kevin Werner spoke to neighbour Jim McLeod who is a Party at the hearing regarding the proposed six-storey residential development at Wilson and Rousseaux Streets.
392-412 Wilson Street East & 15 Lorne Avenue (Ancaster) Hearing Dates Set
The owner of this Ancaster Village property wishes to build an eight-story mixed-use building with 169 residential units.
The Marr-Phillipo House, built in 1840, is located on the property. City Council approved moving the historic structure, but City staff told the developer they could not support the application.
The developer then filed a non-decision appeal to the OLT.
The OLT will conduct a 10-day hearing beginning on July 24, 2023
The issues list includes: “Building height, Residential density, Massing, Privacy, Overlook, Setbacks, and Compatibility with and enhancement of the character of the existing Neighbourhood.”
The Procedural Order is on the OLT website.
130 Wellington South Settlement Hearing – Feb 27
In 2021, Ward 2 Councillor Jason Farr declared there are too many rental units in the Downtown Corktown neighbourhood and voted down a multiplex legalization at 130 Wellington Street South.
City staff recommended approval. Farr admitted his opposition to rentals would be overturned at the Ontario Land Tribunal.
The NIMBY comments complained about nearby affordable options, the Ontario Works office being nearby, and “it is the resident homeowners who actually vote here in the city!”
Two years later, there is a settlement between the NIMBYs, the City, and the property owner.
It will be heard on February 27.
The settlement is confidential until approved by the OLT.
Photo: Developer’s render.
Another In-Fill Apartment Building – 150 Mohawk East at Upper Wellington
UrbanSolutions is the planning firm for the owners of 150 Mohawk Road East and have posted the full Zoning By-law Amendment application submitted to the City for a proposed 11-storey building containing 161 residential units.
The new residential building will be in the rear portion of the property, which has an existing 12-storey rental building.
Two Tall Buildings Proposed to Replace Philpott Memorial Church
Icon Architects, architects for the owners of the former Philpott Memorial Church at 89 Park Street North (across from Copps Coliseum bordering York Boulevard), have posted renderings for a proposed two tall buildings on the site.
The proposed renderings do not include the retention of the existing church structure.
The site owners have consulted with the City “to construct a mixed-use building comprised of two, 30 storey towers above a 5-storey podium with a total of 697 sq. m. of ground floor commercial along York Blvd and Vine St. Includes a total of 693 residential dwelling units and 393 parking spaces.”
Photo: Developer’s render.