Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 21, 2024
CASE NO(S).: OLT-23-000737
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Shaver Road M.D. Holdings Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 36-unit stacked townhouse development
Reference Number: UHOPA-22-002
Property Address: 487 Shaver Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-23-000737
OLT Lead Case No.: OLT-23-000737
OLT Case Name: Shaver Road M.D. Holdings Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Shaver Road M.D. Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 36-unit stacked townhouse development
Reference Number: ZAC-22-005
Property Address: 487 Shaver Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-23-000738
OLT Lead Case No.: OLT-23-000737
Heard: May 7, 2024 in writing
APPEARANCES:
Parties Counsel
Shaver Road M.D. Holdings Inc. (“Applicant”) Abbey Sinclair Denise Baker
City of Hamilton (“City”) Paula Boutis Patrick MacDonald
DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The appeal arises following a non-decision by the City concerning Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) applications to permit a stacked townhouse development at 487 Shaver Road (“Subject Property”).
2Disposition of the matter has come before the Tribunal as a settlement motion.
3The Applicant originally applied to the City to permit a 36-unit stacked townhouse development. The Subject Property is located at 487 Shaver Road in Ancaster. It is currently occupied by a variety of buildings that are proposed to be demolished. To the north, there is a two-storey townhouse complex. The City of Hamilton Works (Ancaster) Operations Yard is located to the east and south. To the west, there is a large commercial shopping area.
4The OPA application, as originally proposed, purported to amend the Urban Hamilton Official Plan by redesignating the Subject Property from “Medium Density Residential 2a” to “Medium Density Residential 2b”, and to permit a Site Specific Policy to permit a maximum density of 80 units per hectare and a maximum height of four storeys.
5The ZBA application, as originally proposed, purported to amend Zoning By-law No. 87-57 by changing the zoning from Rural Commercial "C5-243" Zone, Modified, to the Residential Multiple "RM5-716" Zone, Modified, to permit up to 36 stacked townhouse units and 45 surface parking spaces.
6Now, the proposed settlement involves plans to develop 22 units in three four-storey townhouse blocks, with 39 associated parking spaces.
7The OPA application, as it is now revised, purports to redesignate the lands from “Medium Density Residential 2a” to “Medium Density Residential 2c” and to establish a new Site Specific Policy within the Shaver Neighbourhood Secondary Plan to facilitate the development of a block townhouse development with a density of 50 units per hectare. The Site Specific Policy permits a maximum height of four storeys and requires that all buildings and outdoor amenity areas be located adjacent to the northerly lot line.
8The ZBA application, as it is now revised, purports to amend Zoning By-law No. 87-57 to rezone the lands from the Rural Commercial “C5-243” Zone, Modified, to the Residential Multiple “RM5-716” Zone, Modified, to permit block townhouse dwellings and uses, buildings and structures accessory thereto, as well as site specific modifications to address minimum lot area, lot frontage, front yard, side yard and rear yard setbacks, landscaping, privacy areas and building separation, as well as maximum density, lot coverage and height. The modified zoning would also permit a noise barrier to be located within a required planting strip. Finally, the proposed zoning includes a special schedule illustrating the permitted building envelop on the Subject Property.
9The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. The uncontested opinion evidence of Brenda Khes, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in her comprehensive affidavit affirmed April 4, 2024 (marked as Exhibit 2);
ii. The Minutes of Settlement between the Parties dated February 23, 2024 (marked as Exhibit 3); and
iii. A draft Order jointly submitted to give effect to the relief sought, including draft instruments attached thereto.
Decision
10The Tribunal understands that the aforementioned sworn affidavit evidence of Ms. Khes reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
11The Tribunal accepts the opinion evidence of Ms. Khes, as presented in her affidavit, and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in s. 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, Urban Hamilton Official Plan, and otherwise reflect principles of good land use planning.
order
12THE TRIBUNAL ORDERS that:
The appeal pursuant to s. 22(7) of the Planning Act is allowed, in part, and the Official Plan for the City of Hamilton is amended, as set out in Attachment 1 to this Order; and
The appeal pursuant to s. 34(11) of the Planning Act is allowed, in part, and Zoning By-law No. 87-57 of the City of Hamilton is hereby amended, as set out in Attachment 2 to this Order. The Tribunal authorizes the Municipal Clerk of the City of Hamilton to assign a number to this By-law for record keeping purposes.
“K.R. Andrews”
K.R. ANDREWS MEMBER
Ontario Land Tribunal Website: www.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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1
ATTACHMENT 2