Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 8, 2021
CASE NO.: DC190022
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: 2362302 Ontario Inc.
Appellant: McMaster University
Appellant: Mohawk College
Appellant: West End Home Builders' Association (formerly Hamilton-Halton Home Builders Association)
Subject: Development Charges By-law No. 19-141
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190022
OLT Case Name: 2362302 Ontario Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: 2362302 Ontario Inc.
Appellant: McMaster University
Appellant: Mohawk College
Appellant: West End Home Builders' Association (formerly Hamilton-Halton Home Builders Association)
Subject: Development Charges By-law No. 19-142
Municipality: City of Hamilton
OLT Case No.: DC190022
OLT File No.: DC190023
BEFORE:
BLAIR S. TAYLOR MEMBER
Tuesday, the 7th day of June, 2021
THESE MATTERS having been considered by the Local Planning Appeal Tribunal (“Tribunal”) for a public hearing;
AND THE TRIBUNAL having been advised of a settlement between Mohawk College of Applied Arts and Technology (“Mohawk”) and the City of Hamilton;
AND THE TRIBUNAL having read the affidavit of Lindsay Gillies made in support of the settlement between Mohawk and the City of Hamilton;
AND THE TRIBUNAL having heard the submissions of counsel for Mohawk and the City of Hamilton in support of the settlement and hearing no other party is opposed;
THE TRIBUNAL ORDERS that:
The appeal filed on behalf of Mohawk is allowed in part.
The Development Charges By-law 19-142 is amended in accordance with Schedule A attached hereto.
The Schedule attached to this Order shall form part of this Order.
This Order in no way limits the appeal of McMaster University, including with respect to the definition of “student residence”.
The Tribunal may be spoken to should any matters arise respecting the implementation of this Order.
“Becky Fong”
BECKY FONG
REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.
SCHEDULE A
Authority: Item __ , Audit, Finance & Administration Committee Report: 21-_____ (FCS21___) CM: _____, 2020 Bill No. ___
CITY OF HAMILTON
BY-LAW NO. 21-______
To Amend Development Charges By-law No. 19-142
WHEREAS Development Charges By-law No. 19-142 was passed on the June 12, 2019;
AND WHEREAS pursuant to the Order/Decision of the Local Planning Appeal Tribunal Issued on ____________, 2021, under Tribunal File No. DC190022, Development Charges By-law No. 19-142, be amended as hereinafter provided;
NOW THEREFORE the Local Planning Appeal Tribunal, pursuant to the Order/Decision Issued on ___________, 2021, under Tribunal File No. DC190022, enacts as follows:
- That section 1(ttt) of By-law No. 19-142 be deleted and replaced with the following:
“Student Residence” means a Residential Development that is solely owned by a university or post-secondary institution other than a college of applied arts and technology established pursuant to the Ontario Colleges of Applied Arts and Technology Act, 2002 and its regulations, designed or intended to be used for sleeping and living accommodations by students of the university or post-secondary institution that owns the Residential Development.
Pursuant to the Order/Decision of the Local Planning Appeal Tribunal Issued on ____________ , 2021, under Tribunal File No. DC190022.