Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 20, 2025
CASE NO.: OLT-23-000673
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Southcote Hills Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA, ZBA to permit ten 3-storey townhouse block dwellings containing a total of 57 dwelling units
Reference Number: UHOPA-23-010
Property Address: 509 Southcote Road
Municipality: Hamilton
OLT Case No: OLT-23-000673
OLT Case Name: Southcote Hills Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: ZAC-23-025
Property Address: 509 Southcote Road
Municipality: Hamilton
OLT Case No: OLT-23-000674
OLT Lead Case No: OLT-23-000673
BEFORE: A. MASON, MEMBER
Tuesday, the 14th of January 2025
THESE MATTERS involving appeals under subsections 22(7) and 34(11) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, regarding the failure of the City of Hamilton to make a decision within the prescribed time period in respect of applications for an Official Plan Amendment and Zoning By-Law Amendment to facilitate the development of 10 blocks of three-storey townhouse dwellings, having a total of 59 units, on the property municipally known as 509 Southcote Road in the City of Hamilton, having come before the Tribunal for a written hearing to consider a settlement proposal proffered on consent of the Parties on January 14, 2025;
AND THE TRIBUNAL, having received and considered the visual and written materials filed on consent of the Parties, including the affidavit sworn and dated January 14, 2025, of Matt Johnston, a member of the Ontario Professional Planners Institute and the Canadian Institute of Planners, whom the Tribunal accepts to provide opinion evidence in the area of land use planning;
AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit evidence of Matt Johnston on the nature and scope of the settlement proposal, including provisions for compensation for the removal of trees via new tree plantings on site and cash contributions for the remaining trees;
AND THE TRIBUNAL, having accepted the uncontested opinion evidence of Matt Johnston, finds that the proposed settlement and revised instruments giving effect thereto:
have appropriate regard for matters of provincial interest under s. 2 of the Planning Act, in particular optimizing the use of existing land and infrastructure within a settlement area;
are consistent with the Provincial Policy Statement 2024, by supporting intensification in underutilized sites in urban areas that are well served by municipal infrastructure;
are in conformity with and implement the policies of the Urban Hamilton Official Plan and the Meadowlands Neighbourhood III Secondary Plan 2013; and
contribute to a wide range of housing types and densities through a built form that is compatible with the surrounding area in terms of use, scale and character thereby representing good planning.
NOW THEREFORE:
THE TRIBUNAL ORDERS THAT the appeals filed by Southcote Hills Inc. are hereby allowed and the Tribunal approves the following instruments in form and content:
Official Plan Amendment, as set out in Attachment 1 to this Order; and
Zoning By-law Amendment, as set out as Attachment 2 to this Order.
AND THE TRIBUNAL authorizes the Clerk of the City of Hamilton to make such numerical and/or editorial changes to the instruments included herein as Attachment 1 and 2 as are necessary to give effect to 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