3 total
Tribunal schedules one-day settlement hearing for townhouse development appeals.
The appellant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed 95-unit townhouse development.
At the sixth Case Management Conference, the parties advised that discussions were ongoing and requested a one-day settlement hearing.
The Tribunal scheduled the settlement hearing for October 17, 2024, noting that if site plan and subdivision applications are not resolved, the second half of the hearing will convert to a Case Management Conference for those matters.
Appeals allowed and planning instruments approved to facilitate a mixed-use complete community following a settlement.
The applicant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendments, and a Draft Plan of Subdivision to facilitate a mixed-use complete community.
Prior to the hearing, the applicant reached settlements with the City and the Niagara Escarpment Commission, resolving concerns regarding density, visual impacts on the escarpment, and the relocation of an isolated wetland.
The Tribunal accepted the uncontested planning evidence that the revised instruments were consistent with provincial policies and conformed to applicable plans, allowing the appeals and approving the instruments.
Zoning by-law amendment for 5-storey mixed-use self-storage facility approved in principle.
The appellant appealed the City of Hamilton's refusal to amend a zoning by-law to permit a 5-storey mixed-use building containing self-storage, retail, and commercial uses.
The City did not oppose the site-specific proposal.
Relying on uncontroverted expert planning evidence, the Tribunal found the proposed development compatible with surrounding uses, consistent with provincial policy, and appropriate for the site.
The Tribunal allowed the appeal in part and approved the amending by-law in principle, withholding its final order until the form of the instrument is finalized.