Involving OLT in Hamilton housing development a case of ‘not seeing’ resolution: developer

A Hamilton councillor admits “it’s frustrating” to see another proposed housing development in the core end up before the province’s land tribunal while thousands sit and wait for more housing across the city.

Ward 1’s Maureen Wilson says it’s a bit hard to judge whether a pair of residential towers of 41 and 39 storeys at Queen and Napier streets would be a positive for the historic neighbourhood that’s home to the Scottish Rite Club and several Victorian-style homes.

“There are outstanding technical studies that are required, like what are the impacts on the wind when you’re walking along the corridor or what are the shadow impacts? And what are the traffic impacts?” Wilson said.

“So I think it’s fair to say that it’s hard to answer that question.”

Developer Vrancor launched the Ontario Land Tribunal (OLT) appeal following a pair of consultations and multiple design changes to find a fit for the former parking lots near the corner of King Street West and Queen Street North.

The revisions have been spurred on by concerns from several critics, including a small group of Strathcona residents who characterize the project as an “overdevelopment.”

Shadow Dwellers spokesperson Wayne McPhail insists the development has essentially killed the community’s secondary plan, which seeks to keep structures at 10 storeys and ensure new buildings are compatible with the design of surrounding heritage resource structures.

Last week, McPhail told councillors there’s “a fundamental Victorian heritage nature” to the community, which started around 1750 and that residents would like to see thrive.

At issue with the Shadow Dwellers are the lack of sun and shadow studies and absence of reports on appropriate setbacks between the neighbourhood and the forthcoming buildings.

“This is four times higher than the proposed plan for the neighbourhood,” McPhail told Global News.

“It also ignores the urban Hamilton official plan, and it creates density that would really tax the infrastructure of Hamilton. It’s absolutely inappropriate.”

McPhail adds there was no consultation with the neighbourhood over the current two-tower design, a plan he says is “vastly different” from the original four-storey design presented to the public in 2022.

“And by going to the OLT, Vrancor completely cut the community planners, city experts and politicians out of the conversation. There is no conversation,” McPhail insists.

Mario Frankovich, Vrancor’s vice-president of investment and strategic planning, says “a significant amount” of consultation was already done for this project when laid out in 2017.

He says it even included a discussion with Wilson when the plan sought to erect four 20-storey buildings.

The 20-storey designs exceeded the “as-of-right” entitlement for the developer under current city legislation limiting highrises to the height of the Niagara Escarpment.

“We didn’t have any feedback from councillors at that time,” Frankovich said.

“We also went to the planning department and had a significant discussion, coming away with the belief that two 25-storey buildings and two 15-story buildings were more in line with what was desirable at that location.”

After spending “time and significant money” on a new architectural plan, he says feedback from a virtual open house in March 2022 determined two taller towers of 41 and 39 storeys would provide less shadowing.

Frankovich says involving the OLT was simply a matter of “not seeing a light” on a resolution.

“I think there comes a time when you’ve spent seven years on something, that you just have to move on,” he said.

Vrancor’s appeal draws from a city Planning Act provision that allows a filing should the city not decide on what to do with an application after 120 days.

The OLT has scheduled a May 17 conference to address the matter.