The City of Hamilton and LIV Developments Ltd. have reached a settlement regarding a planned development at 909 North Waterdown Drive in Flamborough.

This is the second Ontario Land Tribunal hearing for this property in recent years.

In a rare denial, in 2021, the OLT denied LIV’s appeal seeking to lower the minimum density on the site to permit stacked townhouses.

The lands are zoned High Density Residential 1 with a minimum density of 100 units per gross residential hectare, LIV sought to build at a lower density of 60 units.

OLT Member Bryan W. Tuckey noted provincial policies now expect higher densities and, notwithstanding financial interest of the developer in selling stacked townhouses, the City is correct to uphold the 100 units minimum.

Following this, LIV filed a new application for “the development of 84 stacked townhouses and 150 apartment units.”

The proposed height of the apartment building is eight stories.

They appealed for non-decision in February 2023. The OLT set aside two weeks for a contested hearing in December.

Notice of a settlement hearing has not been issued. LIV’s lawyer is requesting a December 1 hearing date.

The usual timelines for settlement hearings would see the hearing occur in December. City Council should receive a closed session legal brief at the November 14 Planning Committee meeting.

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Published: November 2, 2023
Last edited: November 2, 2023
Author: Joey Coleman
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