West 5th and Stone Church Valeri High-Rise to Be Opposed at LPAT – How You Can Be Involved

This article published February 9, 2021 includes details about the City of Hamilton’s opposition to the LPAT appeal by T. Valeri Construction for their proposed development at West 5th and Stone Church and how residents can be involved.

West 5th and Stone Church Development Application Website

Hello Ward 8 Neighbours,

In late October, the Ward 8 office reported on an appeal that had been filed by T. Valeri Construction Limited to permit a proposed nine-story residential development at the corner of West 5th and Stone Church Road West.

In this post, the Ward 8 office will update the community, especially neighbours in the area, on how you can participate in the process to share your concerns on the proposed development.

For more details, please continue reading below…

Developer Appeal to LPAT Avoids Hamilton Planning Committee Decision

In October, Valeri chose to end discussions with the City and instead appealed directly to the Local Planning Appeal Tribunal (LPAT), which is a quasi-judicial process under the jurisdiction of the Province of Ontario.

At the time Councillor Danko stated:

“We were working with Valeri…It is really disappointing for me as the ward councillor, and very disappointing for the ward residents who participated in this process”

Ward 8 Councillor John-Paul Danko

Further information on the developer’s appeal to LPAT can be found in this article published in October 2020:

City of Hamilton To Oppose West 5th & Stone Church Development at LPAT

In December 2020, Hamilton City Council with the full support of Ward 8 Councillor John-Paul Danko, voted to oppose the appeal by T.Valeri Construction Limited for their proposed development at West 5th and Stone Church.

The full motion approved at the December 14th, 2020 meeting of Council (Item 14 Page 40 of on the minutes of meeting) is included below:

Instructions – Appeal for Lack of Decision to the Local Planning Appeal Tribunal for Urban Hamilton Official Plan Amendment Application UHOPA-19-008 and Zoning By-Law Amendment Application ZAC-19029, for Lands Located at 73, 77, 83, and 89 Stone Church Road West and 1029 West 5th Street, Hamilton (LS20036/PED20217) (Ward 8) (Item 14.2) (Farr/Collins)

(i) That the recommendation of Item 14 of Planning Committee Report 20-015 respecting Instructions – Appeal for Lack of Decision to the Local Planning Appeal Tribunal for Urban Hamilton Official Plan Amendment Application UHOPA-19-008 and Zoning By -Law Amendment Application ZAC-19-029, for Lands Located at 73, 77, 83, and 89 Stone Church Road West and 1029 West 5th Street, Hamilton (LS20036/PED20217) (Ward 8) be deleted in its entirety:

That the recommendations of Report LS20036/PED20217 be released to the public following Council approval.

(ii) That the following recommendations be inserted therein:

(a) That Legal Staff be instructed to oppose the appeal by T.Valeri Construction Limited to the Local Planning Appeal Tribunal (LPAT) for Urban Hamilton Official Plan Amendment Application UHOPA-19-008 for a site specific amendment in order to permit a nine storey multiple dwelling containing 216 dwelling units for lands located at 73, 77, 83, and 89 Stone Church Road West and 1029 West 5th Street as shown on Appendix “A” to Report LS20036/PED20217.

(b) That the LPAT be advised that the reasons for Council’s opposition to UHOPA-19-008 include but are not limited to the following:

(i) The proposal, as submitted, exceeds the permitted density and does not meet the policies of the Urban Hamilton Official Plan related to residential intensification;

(ii) The proposed building form is not in character with the existing built forms on adjacent properties and the surrounding neighbourhood and the proposal does not effectively provide appropriate transitions in building massing and height and does not maintain or enhance the established character of the area; and,

(iii) The proposed development has not provided sufficient information to determine that there is adequate existing and planned transportation infrastructure to provide safe vehicular turning movement requirements, particularly at the intersection of Stone Church Road West and West 5th Street.

(c) That Legal Staff be instructed to oppose the appeal by T.Valeri Construction Limited to the Local Planning Appeal Tribunal (LPAT) for Zoning By-law Amendment Application ZAC-19-029 for a change in zoning from the “C” (Urban Protected Residential, Etc.) District, “AA” (Agricultural) District, and “DE-2/S-1700” (Multiple Dwelling) District, Modified to a site specific “DE-2” (Multiple Dwelling) District in order to permit a nine storey multiple dwelling containing 216 dwelling units for lands located at 73, 77, 83, and 89 Stone Church Road West and 1029 West 5th Street, as shown on Appendix “A” to Report LS20036/PED20217.

(d) That the Local Planning Appeal Tribunal (LPAT) be advised that the reasons for Council’s opposition to application ZAC-19-029 include, but are not limited to, the following:

(i) The proposal, as submitted, exceeds the permitted density and height and does not sufficiently meet the requirements of Zoning By-law No. 6593 in terms of setbacks, amenity area, landscaped area and buffering from adjacent land uses, related to residential intensification;

(ii) The proposed building form is not in keeping with the building forms on adjacent properties and the proposal does not effectively provide appropriate transitions in building massing and height and does not maintain or enhance the established character; and,

(iii) The proposed development has not provided sufficient information to determine that there is adequate existing and planned transportation infrastructure to provide safe vehicular turning movement requirements, particularly at the intersection of Stone Church Road West and West 5th Street.

(e) That the recommendations of Report LS20036/PED202017 be released to the public.

(iii) That the following recommendation (f) be inserted therein:

(f) That staff be directed to schedule a non-statutory public meeting and give notice in accordance with the notice requirements of the Planning Act .

(iv) That the following recommendation (g) be inserted therein:

(g) That Report LS20036/PED202017 and its appendices respecting Instructions – Appeal for Lack of Decision to the Local Planning Appeal Tribunal for Urban Hamilton Official Plan Amendment Application UHOPA-19-008 and Zoning By-Law Amendment Application ZAC-19-029, for Lands Located at 73, 77, 83, and 89 Stone Church Road West and 1029 West 5th Street, Hamilton (Ward 8), remain confidential.

How You Can Be Involved

Since the Ward 8 office first covered this proposed development in October of 2019, our office has heard from many residents in the Sheldon and Mewburn neighbourhoods about how this development will impact their community, and potential concerns they may have should this development continue as planned.

For residents who feel they will be directly affected by the proposed development, the Ward 8 office has compiled information to help them through this process.

What is LPAT?

The Local Planning Appeal Tribunal (LPAT) is an adjudicative tribunal that hears cases in relation to a range of municipal planning, financial and land matters. These include matters such as official plans, zoning by-laws, subdivision plans, consents and minor variances, land compensations, development charges, electoral ward boundaries, municipal finances, aggregate resources and other issues assigned by numerous Ontario statutes.

LPAT is part of the Environment and Land Division (ELD) of Tribunals Ontario, a cluster of tribunals that adjudicate a wide variety of matters. The tribunals included in ELD adjudicate matters related to land use planning, environmental and heritage protection, property assessment, land valuation and other matters.

What can neighbours do to have their say?

The City of Hamilton legal department have shared this information for residents:

Applications for an official plan amendment and zoning by-law amendment for the lands known as 73-89 Stone Church Rd W and 1029 West 5th Street were appealed to the Local Planning Appeal Tribunal last year. A first Case Management Conference (CMC) was held by the Tribunal on November 4, 2020.

Any residents who wish to request status at the hearing must fill out the required form (available on the Tribunal’s website) and send to the Tribunal’s case coordinator no later than 10 days prior to the next CMC, which will be held electronically on Tuesday, March 2. Residents are also welcome to observe the CMC or the future hearing without participating.

The Tribunal’s case coordinator can be contacted at Shane.Taylor@ontario.ca or 437.225.3704, referencing the case number in this matter of PL200302

Further details are available on the Tribunal’s website at https://olt.gov.on.ca/

City of Hamilton Legal Department

Residents Should File Concerns Directly to LPAT

To ensure that the local concerns of neighbouring residents are considered as part of the LPAT proceedings, residents who want their voices heard on this project should file a Party or Participant Status Request Form (follow the directions provided by the City solicitor above), including the case number PL200302.

When submitting your application forms, please take into consideration how the planning and logistics of the proposal would impact on your well-being, rather than the emotional aspects of the project.

Residents are encouraged to review the City’s reasons for opposition included above and include in your submission how any of the issues listed may impact you or your property directly.

Consider if the density or shadows play a role in your objection. Do you believe there will be an increase in traffic, light, or noise pollution? Do you believe the building’s character doesn’t quite fit the neighbourhood? These are the types of concerns that will help LPAT make a clear and concise decision, with your help.

It is best for each resident to share individual, personal correspondence with LPAT. This is much more effective than a form letter or petition.

John-Paul Danko Deputy Mayor

Non-Statutory Public Meeting – February 16th, 2021

The City’s Planning Committee is holding a non-statutory public meeting regarding this matter on February 16, 2021.

The meeting starts at 9:30am, however there are several items on the agenda prior and it may take some time to get to this item.

Any members of the public wishing to speak at this meeting may make a request to the City Clerk’s office (Email: clerk@hamilton.ca Phone: 905-546-2489). Written correspondence may also be submitted to the clerk.

A summary of themes raised by residents will be provided to City of Hamilton legal counsel and will help inform the City’s opposition at LPAT.

However, please note that as the applications have been appealed to the LPAT Tribunal, City Council cannot make any decision arising from this public meeting and any residents wishing to provide their views to the Tribunal must do so directly by requesting status in the hearing.

Questions or Concerns?

If you have any questions or concerns, please feel free to contact the Ward 8 office here.

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