OLT outcome for the development at 200 Market S/125 Napier St/55 Queen St N, Strathcona
An Update on the Development at 200 Market Street
The City of Hamilton reached a settlement with the property developer of 200 Market/55 Queen St N/125 Napier Street in the Strathcona neighbourhood. The settlement was submitted on November 21st to the Ontario Land Tribunal (OLT) following mediation organized by the Ontario Land Tribunal (OLT) between the City and the applicant, Vrancor Development.
In summary, the terms of settlement are as follows:
- Two 31-storey towers, inclusive of a podium, fronting Queen St North, below the height of the Niagara Escarpment
- A six-storey podium that steps down to four storeys with landscaping at the rear;
- Minimum of 25% of units to be 2 bedrooms in size;
- No parking within the podium;
- Ontario Building Code minimum energy requirements to be exceeded by 25%;
- Tree planting along Napier and Market Streets;
- A future HSR bus stop at site;
- 971 dwelling units and 1026 square metres of commercial space;
- 486 long-term bicycle parking spaces and 12 short-term bicycle parking spaces;
- Vehicle Parking will be confirmed as part of a future Site Plan Control application. Staff were advised the proposal will meet the Zoning By-law 05-200 requirements.
Additionally, a holding provision will be placed on the development. This provision requires the applicant to submit an updated pedestrian wind study, an updated functional servicing study, and a watermain hydraulic analysis report to confirm the necessary capacity for servicing the development. A holding provision restricts development until these conditions are met.
A Short, Long History
From 1859 to 1987, this site was part of the Greening-Donald Wire Company’s manufacturing facility. After initial proposals from Effort Trust to build apartments on the site fell through in the early 1990’s, the original structure was demolished, and it has been vacant ever since.
In early 2022, Vrancor applied for an Official Plan Amendment and Zoning bylaw amendment for the site. Their proposal consisted of four towers—two 15-story towers and two 27-story towers—with a three-story podium and parking both above and below grade. Vrancor held a virtual public meeting on this proposal on March 22, 2022. However, no summary was provided to City staff after the meeting.
On December 22, 2023, Vrancor submitted a revised proposal. - the last day that Hamilton City Hall was open before the Winter break. This application sought permission for a six- to seven-storey podium and two towers with heights of 41 and 39 storeys. The revised proposal included 1,072 residential units, 1,012 square metres of commercial space, 324 parking spaces, and 549 long-term bicycle parking spaces.
The City Clerk’s Office then received a “notice of appeal” of the original 2022 submission on January 19, 2024. This was 759 days after the receipt of the initial application and just 28 days after the revised submission December 22, 2023, submission.
What happened between the original 2022 submission date and the December 22, 2023 revision?
During this period, the 2022 application would have been circulated to all necessary City staff, and reviewers would have provided their comments in meetings with City planning staff. Thereafter, City planning staff would have issued a comment summary report to the developer. Vrancor’s response was a new, revised submission on December 22, 2023.
Under Ontario’s Planning Act, developers may appeal an application to the Ontario Land Tribunal (OLT) if the municipal Council does not decide within 120 days of receiving a complete application. Vrancor based its appeal on the argument of a "non-decision" as of their first submission, dated January 19, 2022.
The Ontario Land Tribunal (OLT) is an independent public body with members selected by the Government of Ontario. It hears and mediates land disputes and planning application appeals. When an application is appealed to the OLT, public input opportunities become more limited.
For the OLT to reject a planning application, it requires professional planning evidence showing the application is not supportable on planning grounds. In this case, the mediated settlement resulted in the City of Hamilton’s professional planners supporting the negotiated proposal, effectively removing any grounds for a contested hearing.
Under the existing rules, this negotiated settlement represents the best outcome the City could secure. Had the City gone to a contested hearing, the 41 and 39-storey submission may have been the subject of appeal, with an uncertain outcome.
Conclusion
I sincerely thank and appreciate the Strathcona residents who worked tirelessly to engage in this challenging development file. I understand that this is not the result many had hoped for, and I recognize that there will be frustration in the community.
Ultimately, the goal in local planning is to have residents and developers work together to get to a better “yes” understanding that concessions must be made by all parties within a planning and approval system rooted in the primacy of private property rights. These opportunities are not available when an application is appealed to the OLT. The speed with which this application was appealed to the OLT made it difficult for the community to participate meaningfully in what should have been a more collaborative and respectful process.
For those who worked diligently to understand the process and engage, I encourage you to continue advocating for your community. A good starting point would be to engage with your provincial representatives regarding changes to planning legislation, which could allow for more meaningful community contributions in development decisions.
Moving forward, our focus in concert with the community will be working with the developer and construction firms to mitigate any adverse impacts of construction on Strathcona and surrounding communities. As always, the Ward 1 office will remain involved in the process and will continue working with impacted community members.
Let us also remember to be good neighbours to those who will soon call Strathcona home as we work together to make this development successful.