Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2024
CASE NO.: OLT-23-000733
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rymal East Development Corp.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development consisting of apartment buildings and stacked townhouses
Reference Number: UHOPA-20-021
Property Address: 544-550 Rymal Road East
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-23-000733
OLT Lead Case No: OLT-23-000733
OLT Case Name: Rymal East Development Corp. v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rymal East Development Corp.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development consisting of apartment buildings and stacked townhouses
Reference Number: ZAC-20-037
Property Address: 544-550 Rymal Road East
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-23-000734
OLT Lead Case No: OLT-23-000733
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rymal East Development Corp.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development consisting of apartment buildings and stacked townhouses
Reference Number: 25T-202006
Property Address: 544-550 Rymal Road East
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-23-000735
OLT Lead Case No: OLT-23-000733
BEFORE:
S. BRAUN
VICE-CHAIR
Wednesday, the 31st day of July, 2024
Decision
THESE MATTERS, having come before the Tribunal as a written Hearing to consider a settlement reached between Rymal East Development Corp. and the City of Hamilton with respect to the lands at 544-550 Rymal Road East (“subject lands”);
AND THE TRIBUNAL having reviewed the materials filed in support of the settlement, including the affidavit evidence of Ryan Ferrari (RPP, MCIP, CPT) sworn July 19, 2024, whom the Tribunal herein recognizes as qualified to assist in its deliberations through opinion evidence in the area of land use planning;
AND THE TRIBUNAL having accepted the uncontroverted affidavit evidence of Mr. Ferrari, demonstrating that the proposal:
- provides a mix of housing types/tenures and makes optimal use of underutilized lands through compact development;
- appropriately situates residential growth along major arterial and planned higher order transit corridors within a settlement area;
- is compatible with the existing and future uses in the surrounding area in terms of heights, massing and arrangement of buildings and structures; and
- through various Holding provisions and conditions of draft plan approval, ensures the orderly development of the subject lands;
THE TRIBUNAL FINDS THAT: the proposed Zoning By-law Amendment and Draft Plan of Subdivision have appropriate regard for all applicable matters of provincial interest as set out in s. 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform with the Growth Plan for the Greater Golden Horseshoe (2019, as amended) and the City of Hamilton Urban Official Plan, and are representative of good planning in the public interest.
THE TRIBUNAL FURTHER FINDS THAT: The proposed Draft Plan of Subdivision has regard for the matters listed under s. 51(24) of the Planning Act and the agreed upon conditions of draft plan approval are reasonable, relevant and necessary, having regard to the nature of the proposed development.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the appeals are allowed in part and:
By-Law No. 05-200 for the City of Hamilton by Rymal East Development Corp. is hereby amended as set out in Attachment 1 to this Order, and the municipal clerk is authorized to assign a number to and format, as may be necessary, the Zoning By-law for record keeping purposes; and
The draft plan of subdivision shown on the plan prepared by A.J. Clarke and Associates Ltd. dated July 12, 2024, is approved, subject to the fulfillment of listed conditions as set out in Attachment 2 to this Order;
Pursuant to subsection 51(56.1) of the Planning Act, the City of Hamilton shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act; and;
The Tribunal may be spoken to in the event there are any difficulties implementing this Order.
“Euken Lui”
EUKEN LUI
ACTING 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 (“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”