Ontario Municipal Board Commission des affaires municipales
de I Ontario 17-158-OMB
Attachment 1
ISSUE DATE: July 11,2017 CASE NO.: PL120721 PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Subject:
1800615 Ontario Inc. Request to amend the Official Plan - Failure of the City of Flamilton to adopt the requested amendment
Existing Designation: Proposed Designation: Purpose: Property Address/Description:
Special Policy F Medium Density Residential To permit the proposed draft plan of subdivision
339 and 347 Fifty Road and 1317 and 1329 Barton Street
Municipality:
City of Hamilton
Approval Authority File No.: OMB Case No.: OMB File No.: OMB Case Name:
OPA-11-005
PL120721 PL120721 1800615 Ontario 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: Subject:
1800615 Ontario Inc. Application to amend Zoning By-law No.3692-92 -
Existing Zoning:
Neglect of application by the City of Hamilton Agricultural Specialty Zone
Proposed Zoning: Purpose: Property Address/Description:
Site specific R5 Zone, site specific RM2 Zone and block-specific Multiple Residential RM2 Zone To permit the development of the proposed draft plan of subdivision
339 and 347 Fifty Road and 1317 and 1329 Barton Street
Municipality:
City of Hamilton
Municipal File No.: OMB Case No.: OMB File No.:
ZAC-11-042
PL120721 PL120722
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PL120721
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Subject: Purpose: Property Address/Description:
1800615 Ontario Inc. Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision To permit the proposed plan of subdivision
339 and 347 Fifty Road and 1317 and 1329 Barton Street
Municipality:
City of Hamilton
Municipal File No.: OMB Case No.: OMB File No.:
25T201107 PL120721 PL120750
BEFORE: M.A. SILLS
) Tuesday, the 11th
MEMBER
) ) dayof July, 2017
THIS MATTER having come on for public hearing and the Board having allowed the appeals for the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of
Subdivision as outlined in its decision dated May 6, 2013 ( Decision );
AND THE BOARD having been notified by the parties that the zoning for the related Storm Water Management pond was to be facilitated through a separate by-law and was omitted from the Decision;
AND THE BOARD having received a request on consent by the parties to amend the Decision to approve the by-law;
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THE BOARD ORDERS that By-law 05-200 is hereby amended as set out in Attachment 1 to this order.
SECRETARY
If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
PL120721
4 Attachment 1
Appendix T" (Page 1 of 3) Authority:
Bill Ho. |
CITY OF H MILTON BY-L
No. _J
To mend Zoning By-law o. 05-200
Respecting the Pr perty Located at 339 a d 347 Fifty Roa and 1317 and 1329 Barton Street
WHERE S tie City of Hamilto has in force several Zoning By-laws w ich apply to t e dHeiert areas incorporated nto the Cit by virtue of tie City of Hamilton d. 1999. S.0.1999, C ap. 14;
AND HEREAS the City of Hamilton is t e lawful successor to the former unicipalities identified in Section 17 of B -law No. 05-200; ND WHERE S Zoning By-law No. 05-200 was enacted on the 25* day of May,
2005; ND WHE E S t e Cou cil of the City of Hamilton, in adopting Item uf of t e Planning Committee, at its eeing held on t e da of recom e de fiat Zoning B -la No. 05-200; be ame ded as here nafter provided; ND HERE S this By-law conforms with tie Official Plan of foe Cit of Hamilton (formerl the City of Stone Creek Official Pla ), approved b t e Minister under the Plan ing A on May 12,1986; O THEREFO E foe Council of tie City of Hamilton enacts as follo s:
1. T at Map No. 1312 of Schedule A to Zoning By-law o. 05- 00, is
amended by incorporating foe following: (a) Conservation/Hazard Land (P5) Zone boundaries for tie lands com rised of Block 1; foe extent an boundaries of which are shown on a plan ereto annexed as Sche ule A .
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Appendix F (Page 2 of 3) 2. That t e Clerk is hereby authorized and directed to proceed with the gi ing of notice of the passing of this By-law, in accordance Mil the Planning ct.
3. That t is By-law No. illllll s all come into force an be deemed to cane into force in accordance with Sutr-secfion 34(21) of t e Planning Ad. eit er u on t e date of passage of t is By-law or as otherwise provide by the said Sub-section.
PASSED a d EN CTED this ; day of [ I 2013.
R. Gratina R. Caterini Mayor Clerk ZAC-11-042
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