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To Create New Transit Oriented Corridor Zones for the City of Hamilton.
Final with exceptions as per the OMB Order 16-265-01.
The Board orders that By-law No. 16-265 of the City of Hamilton save and except for the following properties of said by-law being the appealed portions shall be deemed to have come into force on the October 12, 2016:
a. 50 Dundurn Street, Hamilton
b. 435-447 Main Street East, Hamilton
c. 1124 Main Street East, Hamilton
OMB Case No. PL161168
The Tribunal Orders as follows:
1. The appeal filed on behalf of Choice Properties Real Estate Investment Trust and Loblaw Properties Ltd. ("Choice") in OLT Case No. OLT-22-002489 (formerly Case No. PL161168) is allowed, in part, in accordance with s. 34(26) of the Planning Act:
a. City of Hamilton Zoning By-Law No. 16-265 is amended in accordance with the Zoning By-Law Amendment attached as Exhibit "C" to the affidavit of Shannon McKie, sworn May 4, 2022, and attached as Attachment 1 to this Decision.
b. The amendments to Zoning By-law No. 16-265 shall come into force as of the date of this Order for those properties indicated in Exhibit "C" to the affidavit of Shannon McKie, sworn May 4, 2022, and attached as Attachment 1 to this Decision:
i. 50 Dundurn Street South; and
ii. 435-447 Main Street East.
2. Pursuant to s. 34(30) of the Planning Act, in all other respects Zoning By-law No. 16-265 is deemed to come into force for the lands under appeal (as indicated in the Tribunal's order dated May 1, 2017), as of the date Zoning By-law No. 16-265 was passed, being October 12, 2016, such lands being:
i. 50 Dundurn Street South;
ii. 435-447 Main Street East; and,
iii. 1124 Main Street East.
3. Pursuant to s. 17(27) of the Planning Act, Urban Hamilton Official Plan Amendment No. 65 ("OPA 65") came into force across the City of Hamilton on the day after the last day for filing an appeal, being November 11, 2016, save and except for the following properties of Choice, for which Official Plan Amendment No. 65 shall come into force and effect as of the date of this Order, pursuant to subsection 17(50) of the Planning Act:
i. 435-447 Main Street East; and,
ii. 1124 Main Street East.
OLT Case Numbers OLT-22-002489 (formerly PL161168); OLT-22-02495 (formerly PL161169)