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17-240-OLT-06 Attachment 1

The Tribunal Orders that the modified version of the Zoning By-law Amendment attached to this Order as Attachment 1 is approved.

PL171450; OLT-21-001799; PL171451; OLT-21-001806

OLT-05 Exhibit B

a) The appeals filed on behalf of CTREL and Choice in OLT Case No. OLT-21-001799 (formerly PL171450) are allowed, in part, in accordance with subsection 34(26) of the Planning Act:

• Zoning By-Law No. 17-240 (By-law 17-240) is amended in accordance with the Zoning By-Law Amendment set out in Exhibit B to the affidavit of Shannon McKie, sworn January 31, 2022, and found in Exhibit X at Tab X.
• The amendments to By-law 17-240 shall come into force across the entire City of Hamilton, with the exception of the following specific properties which remain under appeal pursuant to and as described in the Tribunal’s order in this matter dated June 25, 2021:
  • 64 Main Street East;
  • 3011 Homestead Drive;
  • 237 Upper Centennial Parkway;
  • 201 Wilson Street East; and
  • 82-112 King Street East and 73-87 Main Street East.

b) That the parts of By-law 17-240 that are not amended and were not previously deemed in force by the Tribunal’s order dated November 16, 2018, as indicated in Exhibit B to the affidavit of Shannon McKie, sworn January 31, 2022, and found in Exhibit X at Tab X, are deemed to come into force across the entire City of Hamilton on the day By-law 17-240 was passed, being November 8, 2017, pursuant to subsection 34(30) of the Planning Act, except for those properties which remain under appeal pursuant to the Tribunal’s order in this matter dated June 25, 2021 as described above.

OLT Case Nos. OLT-21-001799
Legacy Case Nos. PL171450
LT File Nos. OLT-21-001799
Legacy File Nos. PL171450, PL171451

LPAT Exhibit B - To Create New Commercial and Mixed Use and Utility Zones for the City of Hamilton.

The Tribunal Orders as follows:

Zoning By-law 17-240 (the “By-law”) is deemed to have come into force on the day the By-law was passed, being November 8, 2017, in accordance with subsection 34(31) of the Planning Act, with the exceptions as shown in Exhibit “B” to the affidavit of Joanne Hickey-Evans, sworn October 26, 2018 and found in Exhibit 5B at Tab B.

LPAT Case No. PL171450
LPAT File No. PL171451

LPAT-02 Attachment 1 - Respecting Lands at 16 & 18 King Street West, Stoney Creek, in the City of Hamilton.

The Tribunal Orders that the appeal is approved, the revised proposal has been entered as an exhibit and the revised Zoning By-law Amendment is attached to this Order as Attachment “1”.

LPAT Case No. PL180355
LPAT File No. PL180355

LPAT-04
Attachment 1The Tribunal Orders that the appeal against By-law No. 17-240 of the City of Hamilton is allowed in part, and By-law No. 17-240 is amended as set out in Attachment 1 to this order. In all other respects, the Tribunal orders that the appeal is dismissed.

As amended by By-law No. 17-240, respecting lands located at 50 Leavitt Boulevard, Flamborough. ZAH-19-041

As amended by By-law No. 17-240, respecting lands located at 512 Highland Road West, Stoney Creek. ZAH-19-005

As amended by By-law No. 17-240, respecting Lands Located at 267, 275-283 and 293 Upper Centennial Parkway, Stoney Creek. ZAH-20-025

LPAT-03
The Tribunal Orders that the appeal be allowed in part and grants the amendment to the City of Hamilton Zoning By-law No. 05-200 in accordance with City of Hamilton Zoning By-law No. 17-240 as it applies to lands municipally known as 2506 and 2520 Regional Road 56.  The Zoning By-law Amendment is in force and effect and deemed to have come into force on the day it was passed, namely November 8, 2017.

LPAT Case No. PL171450
LPAT File No. PL171450, PL171451