Ontario Land Tribunal Overrules Hamilton’s Downtown Height Limit
The Ontario Land Tribunal effectively overturned Hamilton’s use of the geodetic height of the Niagara Escarpment as a maximum height limit across the Lower City.
In a decision involving a rezoning application to build two tall buildings at 117 Jackson Street East, OLT Member Jennifer Innis stated (with underlined emphasis) that the height limit is contrary to provincial planning policy objections and will create a “monolithic skyline” instead of a more “interesting” skyline with variations in height and design.
The OLT approved two towers at 117 Jackson of 30 and 39-storeys (96 metres and 122 metres)
Developments will continue to be judged on a site-by-site basis. 117 Jackson is in the centre of the Downtown Core, mere metres from the Hunter Street GO Station, in an area with no low-rise residential (only) zoning, and directly adjacent to Hamilton’s tallest building: the 43-storey 127-meter Landmark Place at 100 Main Street East.
“Larger Unit” Mix – 17 percent as a standard?
In this decision, the OLT also declared the mix of larger units appropriate at 34 percent, citing 17 percent as a standard set by City Council when they approved 1600 Upper James Street with that percentage of larger units.
OLT rulings are not precedents, future OLT decisions are not required to be consistent.
They are persuasive: the OLT just changed the rules in Hamilton and developers will respond.
Full story on the 117 Jackson Street decision on TPR here. Decision on CanLII.
No Deal: Jamesville is going to a contested hearing
On December 23, the OLT issued a notice setting new deadlines for the parties to submit their documents in advance of the scheduled February 18, 2025 contested hearing.
This means settlement talks have been unsuccessful, and no deal is imminent.
OLT to Decide City Centre after Jan 30 & 31 Hearing
The Ontario Land Tribunal will hold a two-day hearing on the fourth, and final, site plan submission for the development of the Hamilton City Centre at 77 James Street North.
The hearing dates are January 30 and 31, 2025.
After over four years of back-and-forth discussions, owner IN8 Developments and the City of Hamilton reached an impasse regarding a few technical details and the length of time IN8 Developments expects to need to redevelop the 3.547-acre (14,355-square-metre) site.
The fourth submission increases the number of units to 2,181, up from the previous proposal of 1,940. The number of parking spaces is now 592 stalls, down from 843 in past submissions.
The primary issue is the City’s site approval policies that require all parts of the project to be under construction within 15 months from the date of Conditional site plan approval.
“The 15 Month Condition, and several other provisions in the Conditional Approval are impediments to realizing this important project and … does not provide for phasing of the Proposed Development as would be appropriate given its scale,” IN8 Development’s lawyer, Rodney Gill wrote in the appeal letter to the Ontario Land Tribunal.
Story on TPR – includes many new renders of the proposal.
Two of Hamilton’s Biggest Developers Lose Last-Ditch Attempt to Keep Special Permissions Revoked in Greenbelt Scandal
The developer who bought tickets to Premier Doug Ford’s daughter’s ‘stag-and-doe’ has lost his court battle to keep the planning permissions the Ontario Conservative government gave him.
Ontario’s Divisional Court dismissed the Planning Act site plan denial appeal filed by the owners of 392-412 Wilson Street East & 15 Lorne Avenue in Ancaster.
The Court decision should end the political saga resulting from the Ontario Conservatives overturning a mid-2022 decision by Hamilton City Council to deny the application by owner/developers Sergio Manchia and Frank Spallacci to build an eight-storey condo building on the lands on the edge of Ancaster’s heritage downtown.
957 Governors Road Appeal Withdrawn
The owner of this 2.34-hectare within the Niagara Escarpment Development Control Area sought to sever the lands into a new 0.6-hectare building lot while retaining a 1.74-hectare lot.
The Niagara Escarpment Commission denied the request, because:
“The proposal does not meet the lot creation policies of Part 1 of the NEP. To create a new building lot within the Escarpment Protection Area, Part 1.4.4.1 policies must be met. Within this designation, severances may only occur along the Original Township lot line (typically 80-hectares), or the Original Township half lot line (40-hectares). No additional severances beyond the Original Township or Original Township Half lot are permitted. The subject property is only 2.34-hectares, and as such, has already exceeded the lot density permitted under Part 1.4.4.1 of the NEP.”
The appeal was withdrawn between December 16 and 18.
OLT Notes
Elfrida Landowners File a Request for Review: In October, OLT Member Dale Chipman denied a motion for Party status from the Elfrida Community Builders Group Inc., which sought to interfere with the urban boundary expansion appeal of the Upper West Side Land Owners Group Inc.
A decision on the request for review was pending as of Monday, December 16.
Written Decision issued for Vrancor’s Queen and Market project: The OLT issued the written decision for its November oral approval of the City’s settlement agreement with Vrancor to permit two tall buildings with 975 rental units.
Production Details
v. 1.0.0
Published: January 5, 2025
Last updated: January 5, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version