Experts for the City of Hamilton, Jamesville Development LP, and the Canadian National Railway will meet on October 18 as all sides prepare for a contested Ontario Land Tribunal in February.
The meeting of experts is a crucial step in the OLT process. The experts’ meeting will narrow the number of contested issues if no settlement is reached before February.
Following the meeting, all sides will issue an agreed statement of facts/opinions.
Settlement talks are ongoing.
Background
On August 12, 2022, Hamilton City Council approved zoning changes to permit 447 residential units for the Jamesville redevelopment at 405 James Street North, the former Jamesville social housing site.
On September 14, 2022, CN Rail filed its appeal to the OLT, asking the Tribunal to intervene to require better noise and environmental mitigation.
CN’s Stuart Street shutting yard is approximately 230 metres east of the Jamesville site, and the main CN line runs directly south of the property.
CN’s appeal letter indicates they believe the City failed to meet the planning and environmental requirements to ensure compatibility with CN’s operations.
“Sensitive uses should not be permitted within 300 metres of rail yards, as rail yards have an area of influence of 1,000 metres where negative impacts can occur on the proposed use,” wrote CN’s legal counsel Katarzyna Silwa of Dentons Canada LLP.
“CN’s reasons for the appeal are centred on concerns of safety, odour, vibration, noise and whether the proposed sensitive land uses are appropriate for the Lands. CN was not opposed to the approval of OPA 249 and ZBLA 22-220 provided that the impact of the adjacent rail operations were accounted for and mitigated, as required.”
April 2024: Council Approves Changes to Jamesville Plan
On April 24, 2024, this term’s City Council approved changes to the plan that increases the density of the redevelopment. The revised plan includes up to 642 units of housing.
The new plan shifts the planned apartment buildings to the south-side, nearer the CN rail line, and reconfigures the townhouse locations. The changes enable better noise mitigation measures.
Next Stages
The contested OLT hearing is scheduled for February 18, 2025, to February 28, 2025.
If all sides reach a settlement earlier, they can request a settlement hearing.
Production Details v. 1.0.0 Published: September 27, 2024 Last updated: September 27, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version