Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 11, 2023
CASE NO(S).: OLT-22-004768
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LIV Developments Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of 84 stacked townhouses and 150 apartment units
Reference Number: UHOPA-20-018
Property Address: 909 North Waterdown Drive
Municipality/UT: City of Hamilton
OLT Case No.: OLT-22-004768
OLT Lead Case No.: OLT-22-004768
OLT Case Name: LIV Developments Ltd. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: LIV Developments Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 84 stacked townhouses and 150 apartment units
Reference Number: ZAC-22-032
Property Address: 909 North Waterdown Drive
Municipality/UT: City of Hamilton
OLT Case No.: OLT-22-004769
OLT Lead Case No.: OLT-22-004768
OLT Case Name: LIV Developments Ltd. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Referred by: LIV Developments Ltd.
Subject: Site Plan
Property Address/Description: 909 North Waterdown Drive
Municipality: City of Hamilton
Municipality File No.: DA-20-057
LPAT Case No.: PL200274
OLT Lead Case No.: OLT-22-004768
Heard: December 1, 2023 - by Video Hearing
APPEARANCES:
Parties
Counsel
LIV Developments Ltd.
Russel Cheeseman Stephanie Fleming
City of Hamilton
Peter Krysiak
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON DECEMBER 1, 2023 AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The Tribunal convened a Settlement Hearing with respect to appeals brought by LIV Developments Ltd. pursuant to sections 22(7), 34(11) and 41(12) of the Planning Act (“Act”) for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) and Site Plan for the property municipally addressed as 909 North Waterdown Drive (the “Subject Property”) located in the City of Hamilton (the “City”), for the failure of council to adopt or to make a decision within the legislated timeframe.
2The original purpose of the OPA and ZBA and Site Plan approval applications were to permit the development of 84 stacked townhouses and 150 apartment units. A total of 234 residential units are proposed. The revised applications now consist of 219 residential units, 84 of which will be stacked townhouses and 135 units within a mid-rise condominium building.
PROPOSED SETTLEMENT
3Liv Developments Ltd. and the City (collectively, the “Parties”) have agreed to a comprehensive resolution of the appeals, and wish to reflect their agreement, herein before the Tribunal for approval.
4The Parties request that the Tribunal should allow the appeal of the City OPA, attached as Attachment 1, approve the City ZBLA No. 90-145-Z (Flamborough), attached as Attachment 2, and approve the City of Hamilton Zoning By-law No. 05-200 79, attached, as Attachment 3, and approve the Conditional Site Plan, attached as Attachment 4 to this Order.
WITNESSES
5Evidence in support of the proposed applications was provided by Rachelle