Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 02, 2021
CASE NO(S).: PL200456
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sanders Garden Inc.
Subject: Request to amend the Official Plan - Failure of City of Hamilton to adopt the requested amendment
Purpose: To permit a mixed-use 9-storey development
Property Address/Description: 69 Sanders Boulevard & 1630 Main Street West
Municipality: City of Hamilton
Approval Authority File No.: UHOPA-18-014
LPAT Case No.: PL200456
LPAT File No.: PL200456
LPAT Case Name: Sanders Garden Inc. vs. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sanders Garden Inc.
Subject: Application to amend Zoning By-law No. ZAC-18-035 - Neglect of the City of Hamilton to make a decision
Existing Zoning: "H" (Community Shopping and Commercial; Etc.) and Community Institutional (I2), Exception: 17, 20
Proposed Zoning: Site specific "E-3" (High Density Multiple Dwellings).
Purpose: To permit a mixed-use 9-storey development
Property Address/Description: 69 Sanders Boulevard & 1630 Main Street West
Municipality: City of Hamilton
Municipality File No.: ZAC-18-035
LPAT Case No.: PL200456
LPAT File No.: PL200457
Heard: June 28, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sanders Garden Inc. | R. Cheeseman |
| City of Hamilton | P. MacDonald |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JUNE 28, 2021 AND ORDER OF THE TRIBUNAL
1Sanders Garden Inc. (“Appellant”) appealed the failure of the City of Hamilton to adopt an Official Plan Amendment proposed by the Appellant and to make a decision with respect to the Appellant’s application for a zoning by-law amendment regarding the property located at 69 Sanders Boulevard and 1630 Main Street West.
2On June 28, 2021, the Tribunal held a Case Management Conference (“CMC”) at which it considered a draft Procedural Order and Issues List that had been filed by the Parties, discussed opportunities for settlement discussions, and scheduled hearing dates.
3At the CMC, the Parties discussed the proposed draft Procedural Order and Issues List, described the witnesses that they intend to call at the hearing, and requested that a five-day hearing be scheduled. They stated that they are continuing settlement discussions. Neither Party believed that this is an appropriate case for mediation.
4The Tribunal scheduled a five-day hearing for early January 2022.
5Subsequent to the CMC, on June 29, 2021, the Parties filed a finalized draft Procedural Order and Issues List with the Tribunal. The Tribunal has reviewed and approves the draft Procedural Order and Issues List.
ORDER
6The Tribunal approves the draft Procedural Order and Issues List appended as Schedule 1 to this Order and Decision.
7The Tribunal orders that the hearing of the appeal will commence by video hearing on Monday, January 10, 2022 at 10 a.m. Five days have been set aside for the hearing.
8Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/970857349
Access code: 970-857-349
9Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free): (Toll Free): 1 888 299 1889 or +1 (647) 497-9373. The access code is 970-857-349.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12There will be no further notice.
13This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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.