Ontario Land Tribunal
ISSUE DATE: April 15, 2025
CASE NO(S).: OLT-24-000827
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Greenhill Plaza Limited & Medallion Development Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of four residential towers, commercial space, and parking. Reference Number: UHOPA-22-016 Property Address: 399 Greenhill Avenue Municipality/UT: Hamilton OLT Case No.: OLT-24-000827 OLT Lead Case No.: OLT-24-000827 OLT Case Name: Greenhill Plaza Limited & Medallion Development Inc. 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: Greenhill Plaza Limited & Medallion Development Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of four residential towers, commercial space, and parking. Reference Number: ZAC-22-030 Property Address: 399 Greenhill Avenue Municipality/UT: Hamilton OLT Case No.: OLT-24-000828 OLT Lead Case No.: OLT-24-000827 OLT Case Name: Greenhill Plaza Limited & Medallion Development Inc. v. Hamilton (City)
Heard: March 31, 2025, by video hearing
APPEARANCES:
Parties Greenhill Plaza Limited and Medallion Developments Inc. Counsel B. Ruddick
Parties City of Hamilton Counsel P. Maloney
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON MARCH 31, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal had originally scheduled a seven-day hearing on the merits of the appeals by Greenhill Plaza Limited and Medallion Development Inc. (“Appellants”) under ss. 22(7) and 34(11) of the Planning Act (“Act”) due to the City of Hamilton’s (“City”) refusal of the Appellants’ Official Plan Amendment (“OPA”) application and Zoning By-law Amendment (“ZBA”) application (collectively “Applications”) for the lands municipally known as 399 Greenhill Avenue, in the City (“Subject Lands”).
2Prior to the commencement of the hearing, the Tribunal received correspondence from the Parties advising that a settlement had been reached on the issues and requesting that the scheduled hearing be converted to a hearing on the merits of the settlement proposal.
3In accordance with Rule 12 of the Tribunal’s Rules of Practice and Procedure, the Tribunal convened the proceedings to a hearing on the terms of the settlement.
4When considering appeals filed pursuant to ss. 22(7) and 34(11) of the Act, the Tribunal must have regard to matters of provincial interest, as set out in s. 2 of the Act. Decisions of the Tribunal affecting planning matters must conform to the Provincial Planning Statement, 2024 (“PPS 2024”), to the Urban Hamilton Official Plan (“UHOP”) and to the City Zoning By-law No. 05-200 (“ZBL”).
5In consideration of the statutory requirements listed above, the Tribunal must be satisfied that the Applications are in the public interest and represents good land use planning.
6The Applications were submitted to the City on April 7, 2022. The Applications were deemed complete on April 27, 2022.
7The Applications were then reviewed by the City’s Design Review Panel