Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 12, 2022

CASE NO(S).: OLT-22-003911

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 1376412 Ontario Ltd. (Zeina Homes)
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit an 18-lot subdivision
Reference Number: ZAC-17-064
Property Address: 655 Cramer Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-22-003911
OLT Lead Case No.: OLT-22-003911
OLT Case Name: 1376412 Ontario Ltd. v. Hamilton (City)

PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: 1376412 Ontario Ltd. (Zeina Homes)
Subject: Proposed Plan of Subdivision – Refusal by Approval Authority
Description: To permit an 18-lot subdivision
Reference Number: 25T201710
Property Address: 655 Cramer Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-22-003912
OLT Lead Case No.: OLT-22-003911

Heard: November 25, 2022 by Video Hearing

APPEARANCES:

Parties	Counsel
1376412 Ontario Ltd. (Zeina Homes)	Meredith Baker, Jennifer Meader (in absentia)
City of Hamilton	Patrick McDonald
Darling International Canada Inc.	Lauren Wortsman, Marc McAree

MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON NOVEMBER 25, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal is an appeal by 1376412 Ontario Ltd. (Zeina Homes) (“Appellant”) pursuant to s. 34(11) and 51(39) of the Planning Act (“Act”) with respect to the City of Hamilton’s (“City”) refusal of a Zoning By-law Amendment and proposed Plan of Subdivision for the property municipally known as 655 Cramer Road (“Subject Property”).

2The application seeks to permit the development of an 18-lot residential subdivision with a stormwater management block and extension of the municipal road network.

3The Subject Property is approximately 15.5 hectares in size and is located in Flamborough at Highway 5 and Brock Road. It is presently vacant, having previously been used for agricultural purposes. To the north are agricultural operations; to the east are a low-density rural residential subdivision, a Public School and an aggregate industrial operation; to the south are low-density estate homes; and to the west is a woodlot and an industrial operation (owned by Darling International Canada Inc. (“Darling”)).

4The purpose of this second Case Management Conference (“CMC”) is to review the draft Procedural Order (“PO”) and Issues List (“IL”) as well as to deal with any additional requests for status.

5The Tribunal confirmed that Notice of this CMC (“Notice”) was properly given and marked the Affidavit of Service of Victoria Peacock dated October 27, 2022, as Exhibit 2.

6A Hearing of the Merits was previously scheduled for Monday, June 19, 2023, at 10 a.m. by video hearing for a period of ten (10) days.

STATUS REQUESTS

7In response to the Notice, one request for Party status was received from Darling International Canada Inc. (“Darling”), which operates a large-scale animal by-product collection, processing and feed ingredient manufacturing facility located to the immediate west of the Subject Property.

8The Tribunal reviewed the request and with no objections from the Parties granted Party Status to Darling, which has a direct interest and would assist the Tribunal in adjudicating the matter.

MEDIATION AND SETTLEMENT

9The Tribunal inquired as to any opportunities for settlement, including the use of Tribunal-led mediation. Counsel for the Appellant indicated they were open to settlement discussions in any form. Counsel for the City indicated that they were always open to discussion but noted that this is a case of whether the proposal is inherently compatible. Counsel for Darling advised that they had not yet had any opportunity to discuss settlement options but agreed with the City’s position about inherent compatibility. The Parties were advised to contact the Case Coordinator should they wish to request Tribunal-led mediation.

PROCEDURAL ORDER AND ISSUES LIST

10A draft Procedural Order (“PO”) and Issues List (“IL”) was provided to the Tribunal in advance of this CMC. The Parties could not come to an agreement on several points in the PO, as well as to whether Issue Nos. 9, 10 and 11 on the IL should be included.

11The Tribunal heard submissions from the Parties and after review and consideration, provided direction regarding the PO and that Issue Nos. 9 and 10 would be included in the IL. Regarding Issue No. 11, Mr. McDonald is to identify which specific policies apply and share the finalized issue with the other Parties no later than Monday, December 12, 2022. The Tribunal directs the Parties to complete and submit a final PO and IL no later than end of day on Tuesday, December 13, 2022.

OTHER MATTERS

12The Tribunal inquired whether there were any other matters to be addressed, which might assist in the fair and efficient resolution of this matter. Counsel for Darling informed the Tribunal that they were requesting a Site Visit during the Hearing and would make submissions at the appropriate time. Counsel for the Appellant had not previously heard this request and was not in support of a Site Visit. The Tribunal acknowledges that the request for a Site Visit has been made by Darling, and that submissions will be made by the Parties at the appropriate time; however, the decision as to whether to conduct a Site Visit will be left to the deciding Panel.

ORDER

13THE TRIBUNAL ORDERS that:

1. Darling International Canada Inc. is added as a Party;
2. Counsel for the City of Hamilton will provide the Parties with a final version of Issue No. 11 on or before Monday, December 12, 2022;
3. The Parties will submit a final Procedural Order including Issues List for the Tribunal’s review on or before Tuesday, December 13, 2022.

14The Member is not seized and there will be no further notice.

“S. Bobka”

S. BOBKA 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.