At the Ontario Land Tribunal
Delta Secondary School Development Moving Forward with 962 Residential Units
Image: The settlement agreement developer’s render for the Delta Secondary School property redevelopment. Credit: HANDOUT
In late October, the Ontario Land Tribunal received the settlement agreement between the Hamilton City Council and Delta Joint Venture Inc. (New Horizon Development Group and Losani Homes) that will permit 962 residential units on the site of Delta Secondary School at 1284 Main Street West.
The deal includes design changes to the east and west 14-storey buildings that will decrease the massing of higher storeys, ensures the heritage restoration and protection of the heritage-designated high school, and lowers the rear building to 12 storeys.
Ward 4 Clr Tammy Hwang says the deal is a good compromise between the City and developers, and addresses many details about the development to decrease its impacts.
“The settlement was a good compromise on both sides, knowing full well that neither side got everything that they wanted. But we all came to a conclusion that this is good for the community and what we ought to be moving forward with it.”
More details and renders on TPR
Settlement: Queen North, Market, Napier Tall Building Development Approved at 30 and 31 Storeys
Image: The Site Plan for an approved Vrancor redevelopment on Queen Street South between Napier and Market.
The Ontario Land Tribunal has accepted a settlement agreement between Hamilton City Council and Vrancor’s Hamilton Queen and Market Inc. to permit a 975 rental unit redevelopment of the 1.97-acre (0.79 hectares) site on the west side of Queen Street South in the Strathcona neighbourhood.
City Council unanimously approved the settlement on November 13, the OLT granted its blessing on November 21.
The deal permits the construction of a six-storey seniors housing on the west side of the property and two tall buildings of 30 and 31 storeys on the east side of the lands.
Lawyer Denise Baker, representing the developer, says the agreement resulted from tribunal-led mediation and is responsive to concerns from the City and nearby neighbours.
Baker says the building heights will be equal to the City’s height limit of the geodetic height of the escarpment, something she described as “important to the city.”
The original proposal, filed in the non-decision appeal, was for two tall buildings of 39 and 41 storeys.
Ward 1 Clr Maureen Wilson posted a statement on her website.
Gardner Road Marsh – Appeal Withdrawn, Marsh More at Risk
The owners of 140 Garner Road East have re-submitted their application to “relocate” a wetland on their property to make way for the construction of warehouses. The proposal was heavily supported by then-Ward 12 Clr Lloyd Ferguson, who was Chair of the Hamilton Conservation Authority. Despite Ferguson’s efforts, the Hamilton Conservation Authority Board voted to protect the wetlands.
The developer appealed to the Ontario Land Tribunal. Since 2021, the Ontario Progressive Conservative government was re-elected and implemented changes that decrease protections for wetlands and limit the ability of Conservative Authorities to regulate development.
Before the recent changes, back in March 2022, the Ontario Land Tribunal granted Party status in the appeal to Environmental Defence. In effect, the wetland had its own legal representation.
The pathway for the developer to “relocate” the wetland was very narrow.
Now, in 2024, the developer has “withdrawn” its original application and promptly filed a new application to make use of the new provincial policies.
The OLT dealt with the withdrawal in two case management hearings on October 30 and November 8.
The HCA is expected to deny the new permit, the developer will then appeal the denial, and the OLT will deal with the new appeal under the new rules.
With this in mind, the OLT has set aside Friday, March 14, 2025, for the first case management conference in the expected new appeal.
Urban Boundary Expansions: Developers Battling Developers at the OLT and at Queen’s Park
Ontario’s Progressive Conservative government is expanding Hamilton’s urban boundary by proxy: allowing developers to go to the Ontario Land Tribunal.
Developer groups are now battling each other to be the first to get their lands approved because they want to secure capacity in the City’s new $106-million trunk sewer that runs under Upper Centennial Road and Dickenson Road.
Under the new Ontario PC planning rules, the first developer to secure OLT approvals for development will be allocated their portion of capacity. The trunk sewer’s intended purpose is to service planned commercial expansions near Hamilton’s airport.
Upper West Side vs. Elfrida at the OLT
On October 3, the first-in-line Upper West Side Land Owners Group Inc. had its first case management hearing at the OLT.
A competing development group, the Elfrida Community Builders Group Inc., sent their lawyer to seek Party status, arguing that they do not want the Upper West Side group to be ahead of them in securing planning permissions.
The Upper West Side group are developers who own whitebelt lands in the area of Twenty Road (near the airport and Upper James). The Elfrida Group owns lands south and east of Upper Centennial and Rymal in the East Mountain area.
OLT Member Dale Chipman found no public benefit to permitting Elfrida Group as a Party, they would increase the cost and time to the Upper West Side Group’s application hearing.
Elfrida Group’s lawyer stated they would file an appeal of the denial.
The OLT has an internal appeal/review process. Following this, if the OLT does not change its decision, an appeal can be filed to Ontario’s Divisional Court. A Divisional Court appeal would freeze the matter for a few months.
We’ll have to watch and see how much each developer group is willing to spend on blocking the other’s expansion application.
Elfrida Group Urban Boundary Application
Elfrida Group lawyer Nancy Smith told the OLT that her clients will file their own urban boundary application under the new Provincial Planning Statement, 2024, which took effect on October 20.
RELATED: Elfrida Group Lobbying at Queen’s Park
In recent months, the Elfrida Group retained John Perenack and John Matheson of StrategyCorp to lobby the provincial government to ensure the new planning rules permitted their urban boundary expansion application.
Ontario’s lobbying transparency rules require group partnerships like Elfrida to disclose their member corporations. The list is below as an image.
MORE RELATED: Upper West Side Takes to Queens Park as well
On October 25, lobbyist Patrick Lavelle-Turns of Endgame Strategies registered as the lobbyist for the Upper West Side Land Owners Group Inc. Lavell-Turns registration does not declare the membership of the Upper West Side group.
The lobbyist declaration states that the lobbying is “to discuss the Province’s goal of creating additional housing as outlined in its More Homes More Choices Act.”
399 Greenhill Avenue – Mount Albion Plaza Redevelopment
Image: City of Hamilton map showing areas outside of Hamilton’s urban boundary that private developers are expected to bring to the Ontario Land Tribunal.
At City Council in June, Ward 5 Clr Matt Francis successfully blocked the redevelopment of this plaza into a mixed-use mid-rise community with 553 new rental units in two 12-storey buildings and blocks of townhouses, with ground-level commercial.
City staff recommended approval of the project, Francis secured seven other councillors to vote against, and the project’s application failed in an 8-8 vote. Francis opposed it due to height, density, traffic, and he wants the developer to include a grocery store.
Medallion Developments filed an OLT appeal. The project is expected to be approved.
The OLT held the case management conference for the appeal on Wednesday. The neighbouring two 12-storey condominium buildings’ condo corporation (WCC76) was granted participant status. The condo corp states adding more 12-storey buildings in the neighbourhood would block views of the escarpment, in addition to the shared concerns expressed by Clr Francis.
The contested hearing is scheduled for late March 2025. City staff will be summoned to the Tribunal to provide evidence on why they recommended approval. Council is hiring outside consultants to argue against the position of City staff.
Council’s denial of this in-fill project has drawn national attention and has been criticized by the federal Conservative housing critic. [Ironically, it was the right-leaning councillors who voted down the project]
More on TPR: East Hamilton Greenhill Plaza Redevelopment OLT Hearing Set for Mid-March 2025
Development Charges Appeal
Ontario’s municipalities must update their development charges bylaws every five years.
Hamilton just completed its latest update. This time around, there is only one appeal – filed by Losani Homes.
The first Case Management Conference for the appeal was held on October 2nd.
Parkside Hills Inc sought to be added to the appeal as a Party. However, they did not have their legal counsel present, and the City of Hamilton had a substitute lawyer filing in. A second CMC is scheduled for December 6.
140 Glen Echo Drive
The first case management for this “non-decision appeal” (filed after Council opposed the development but before the denial was ratified) was held on October 2nd.
Losani Homes is proposing an eight-storey mid-rise building in the centre of a low-rise low-density East End neighbourhood at 140 Glen Echo Drive. There will be 192 residential units with 318 parking spaces.
The developer and City did not have a completed issues list. The reasons for Council’s denial included: density, sewer capacity, climate design, too great a distance from the proposed Nash Road LRT stop, stormwater management, the failure to include any three-bedroom units, and neighbourhood character.
Four nearby residents were granted participant status.
A ten-day contested hearing will begin on June 9, 2025.
210 Calvin Street, Ancaster
This is a non-decision appeal following three years of unsuccessful negotiations between the City of Hamilton and the owners of the 18-acre property located just south of the Hamilton Golf and Country Club.
The owner is seeking permission to permit a 100-unit residential development on the site. The first case management conference occurred on September 6. A neighbouring property corporation sought Party status regarding issues of stormwater management, the construction of a bridge on the lands, and other design matters.
Craigforth Inc. was granted Party status.
The City of Hamilton lawyer could not provide final submission on issues, stating they needed instruction from Council. On Oct 18, in closed session, Council gave direction.
On Thursday, October 24, the sides held a second case management conference.
A 12-day hearing is set for November 2025. (OLT decision here)
Hamilton City Centre (77 James Street North)
Photo: A parody heritage sign placed on the side of the vacant City Centre. [Click for a large image to read the text]
IN8 Developments and the City’s planning staff cannot agree on the final site plan approval for the redevelopment of the former City Centre in Downtown Hamilton.
Now, the Ontario Land Tribunal is being asked to make the decision. IN8 filed their OLT appeal in early October.
City staff and IN8 have gone back and forth during the past four years regarding the redevelopment design, especially regarding pedestrian features, breaking up the podium to enhance the public environment, and restoring a pathway between Rebecca Street and York Boulevard that existed decades ago.
No hearing dates have been set. The appeal file is not yet publicly available. TPR will follow this story.
City Wins on Parkland Dedication Fee Appeal by LiUNA for 488-500 Upper Wellington Street
Developers render of an six-story residential building under construction at 488-500 Upper Wellington Street in Hamilton // Credit: HANDOUT
In March, LiUNA asked the Ontario Land Tribunal to order a $1,592,016 refund of the park dedication fees the City of Hamilton charged its six-storey 256-unit residential development on Upper Wellington Street.
In short, Bill 23 capped parkland dedication fees. The post-November 28, 2022 cap is $670,000. Before November 28, the City’s fees were $2,262,016. Fees are calculated on the date of building permit issuance.
On January 26, 2022, the City issued a permit for demolition. On October 13, 2023, the final permit for the apartment building construction was issued.
Much as the OLT decided in 71 Main Street (Dundas), the Tribunal determined the January 2022 demolition permit is the date for calculating fees.
March story covering the OLT hearing on TPR here. OLT ruling issued November 1 on CanLII.
9451, 9517, 9541, 9569, 9579, 9593 & 9867 Dickenson Road West and 1199 & 1205 Glancaster Road
These lands are directly adjunct to the runway on the north side of the airport. The owner wants to build “295,326 square metres of employment uses” and have gone to the Ontario Land Tribunal.
Similar to the urban boundary expansion applications, at the root of this OLT appeal is a desire to secure an allocation of the City’s new trunk sewer.
The City and owner will be back in front of the OLT on January 13, 2025 for a new case management conference.
In Progress: Applications
Indigenous Artifacts Discovered at Former CHCH Tower Site at 481 First Road West: Developer Hires Lobbyists
A Phase 4 Archaeological Study at 481 First Road West in Stoney Creek discovered “archaeological resources belonging to local Indigenous communities.”
Developer BV Realty is looking to construct approximately 400 ground-oriented houses, mostly townhouses, in Upper Stoney Creek on lands that housed the former CHCH Television Tower.
They submitted their application in 2022, and have been going through the approvals process.
In October, StrategyCorp registered at both the federal and provincial levels as the developer’s lobbyists.
The Ontario lobbyist registration states they are seeking “a response on the expedited review of the submitted archeological report.”
Federally, they are lobbying for “governmental financial support and improvements of the review process.”
The related corporations with a “direct interest” in this property include Dawsco Property Corp, Rondan Holdings Limited, Jayset Capital Corp, and Peerage Real Estate Holdings Ltd.
1494 Upper Wellington Street (Southwest Corner at Stone Church Road
A community meeting was held on October 28 for what is now a proposal for two separate residential buildings, a 12-storey and a 10-storey. (The original submission was two 20-storey buildings.)
Valery Homes’ resubmission proposes 641 rental units, down from 682 in the original.
The unit mix on the concept site plan states that 45 percent of the units will be one-bedroom, 40 percent will be two-bedroom, and 15 percent will be three-bedroom. This exceeds the City of Hamilton’s minimum multi-bedroom expectations.
Following the community meeting, Ward 7 Clr Esther Pauls posted “there were varying points of view, and I will be working to address the concerns voiced by some in my ward.” City councillors will vote on the Zoning Bylaw Amendment application in early 2025.
The project resubmission documents are available for download here.
Redevelopment of Stelco Lands: Steelport
A concept render from the Steelport Urban Design Brief
The post-COVID onshoring of manufacturing and logistics is going to benefit Hamilton. Industrial land is in demand and the former Stelco lands on Hamilton Harbour is one of the few places in Canada with easy access to water, rail, and roadways.
Slate Asset Management has submitted its Draft Plan of Subdivision to the City of Hamilton to begin the process of dividing and developing the 800-acre site.
The proposal includes extensive public amenity space, including a public realm along the harbour, providing access to the water for the first time in over a hundred years. With plans for commercial entertainment along the water, this promises to become a regional attraction. The Urban Design Brief outlines the vision with great visuals.
City planning staff are reviewing the application.
On TPR: a summary of the initial staff review comments.
Province grants environmental Certificate of Property Use for 58 York Blvd
Photo: 58 York Blvd on October 9, 2024.
An important step towards developing a 28-storey building, with 344 residential units, across from the Central Library. Ontario’s Ministry of the Environment, Conservation and Parks issued the 21-page certificate with many requirements.
The certificate details requirements to address soil contamination including that the building must have a hard cap barrier as part of the foundation, the underground parking will have strict ventilation requirements, and the ground is restricted to commercial uses.
A Site Plan application was filed with the City of Hamilton in early 2024. The Design Review Panel reviewed the application in February.
Planning Noted
Hamilton Homebuilders Meet with Scott Aitchison
West End Home Builders’ CEO Michael Collins-Williams met with Conservative Party of Canada MP Scott Aitchison on October 15, according to the federal registry of lobbyists.
The discussion topics were the Housing Accelerator Fund and the GST New Home Rebate.
Aitchson is the Shadow Minister for Housing and Diversity and Inclusion. In July, Aitchison produced a video in front of 399 Greenhill Avenue, a property that Hamilton City Council voted down permitted two 12-storey buildings with 553 new rental apartments.
He called out Council for voting down the proposal and stated a Conservative government would make Housing Accelerator Funding contingent on council’s approving new housing. (Ironically, conservative council members joined with Ward 5 Clr Matt Francis in voting against,)
The video caused a great stir in Hamilton’s conversation at the time.
The Ontario Land Tribunal will eventually approve the project.
Province increases Hamilton’s 2031 Housing Target: the Ministry of Finance now projects Hamilton’s 2031 population will be 695,874, up from 652,000 in the provincial growth plan.
This represents an additional 17,368 new housing units needing to be built in the next seven years. Hamilton must update its official plans to meet this new figure.
Province issues voluntary common terminologies for land-use planning and development projects: The first version of the standards document is now posted. With the Province of Ontario requiring large municipalities to provide quarterly reports on housing approvals, we should expect these terminologies to become mandatory in the coming years.
City transacting unmaintained portion of Sanatorium Road to Valery Homes: The transaction is part of the OLT settlement for the redevelopment of the Chedoke Browlands.
This was first published in TPR's Email Editior Email Edition Date: November 25, 2024 Link to this Newsletter Edition Subscribe to the Newsletter here.