Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 07, 2022
CASE NO(S).: OLT-21-001266
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Hamilton Area Rooms Association
Subject: Site Plan
Property Address/Description: 11 Parkside Drive Municipality: City of Hamilton
Municipal File No.: DA-19-106
OLT Case No.: OLT-21-001266
OLT File No.: OLT-21-001266
OLT Case Name: Hamilton Area Rooms Association v. Hamilton (City)
Heard: June 1, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Hamilton Meeting Rooms Association | Meredith Baker |
| City of Hamilton | Patrick MacDonald |
MEMORANDUM OF ORAL DECISION DELIVERD BY S. BRAUN AND P. TOMILIN ON JUNE 1, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a settlement hearing of an appeal by Hamilton Area Meeting Rooms Association (“Appellant”) under s. 41(12) of the Planning Act1 (“Act”) against the failure of the City of Hamilton to make a decision on a Site Plan application in relation to the proposed development of a 571-seat church at 11 Parkside Drive (“Subject Lands/Site).
2Jeff Kenny, a Registered Professional Planner, provided a sworn Affidavit (Exhibit 1) and was qualified by the Tribunal to provide land use planning opinion evidence in relation to the matter under appeal. Mr. Kenny delivered a detailed contextual and land use planning rationale in support of the settlement.
3The Site is located on the north side of Parkside Drive, east of the intersection of Highway No. 6 and Parkside Drive. It is approximately 2.1 hectares (“ha”) in size and is a single lot of record comprised of two parcels. At present, one parcel contains what was once a single-family residential dwelling which had been used as an office for a landscape contracting business which has ceased operations. The remaining parcel contains structures (greenhouses and storage buildings) associated with that former landscape contracting business.
4The proposed development contemplates a 571-seat church with a total gross floor area of 1,397 square metres as well as a parking area, to be accessed from Parkside Drive. The proposal also contemplates maintaining the existing single-family dwelling, which is to be used for storage.
5Mr. Kenny provided an overview of the land use designations and zoning applicable to the subject lands, as well as a thorough explanation of the ways in which the proposed development is compliant with (or exceeds) site-specific zoning requirements, including but not limited to: required setbacks, building coverage maximum, minimum landscaped open space area and minimum number of parking spaces.
6With reference to a detailed explanation provided in his Affidavit at s. 7.1.5, Mr. Kenny testified that the City’s primary concern with respect to the Site Plan as filed, related to proposed private water and wastewater systems. One of the core concerns was whether these would be capable of sustaining proposed on-site uses while avoiding on-site and off-site water quality and quantity impacts (including potential off-site wells) including nitrates, representing a potential risk to public health and safety. He noted, in particular, concern for potential impacts resulting from what was described as a “regulatory vacuum”, insofar as the Ontario Building Code provides regulatory requirements for effluent quality, but does not do so specifically for nitrates.
7It was explained that the agreement to settle the appeal includes a partial servicing arrangement unique to the Site, whereby a connection to the 400 mm diameter watermain on Parkside Drive will be permitted for the purpose of fire and domestic water services. In relation to sewage disposal, the development is to be serviced with a sewage treatment system designed specifically for the sewage flows associated with the proposed place of worship. Mr. Kenny testified that this partial servicing situation, in conjunction with the various Conditions of Site Plan Approval (including, but not limited to: the decommissioning of all on-site private wells; proposed flow and nitrate attenuation measures and a variety of water and wastewater monitoring and reporting requirements) fully address all of the concerns previously identified by the City.
8Mr. Kenny opined that all Conditions of Site Plan Approval, as proposed, are reasonable and necessary having regard to the nature of the development. Further, with reference to a detailed evaluation of applicable land use policies contained within his Affidavit at pages 7-17, he opined that the proposed development: has appropriate regard for matters of Provincial interest in s. 2 of the Act; is consistent with the Provincial Policy Statement 2020 (“PPS”); conforms to A Place to Grow: Growth Plan for the Greater Golden Horseshoe (“GP”); conforms to the City of Hamilton Rural Official Plan (“OP”); is compliant with City of Hamilton Zoning By-law No. 05-200 (“ZBL”); and overall, is representative of good land use planning in the public interest.
9Based on the uncontested land use planning opinion evidence provided by Mr. Kenny, the Tribunal is satisfied that the development of the subject lands in accordance with the Site Plan and subject to the various Conditions of Site Plan Approval, is representative of good land use planning in the public interest. The Tribunal is further satisfied that the Conditions of Site Plan Approval are reasonable and appropriate having regard to the nature of the proposed development.
ORDER
10The Tribunal orders that the appeal is allowed in part, and the final form of the Site Plan respecting the lands located at 11 Parkside Drive in the City of Hamilton (Waterdown) as prepared by A+Link Architecture Inc. dated April 21, 2022 set out in Attachment 1 is approved, subject to the fulfillment of the conditions set out in Attachment 2, to the satisfaction of the City of Hamilton.
11The Attachments to this Order shall form part of this Order; and
12The Tribunal may be spoken to should any matter arise respecting the fulfillment of the conditions and/or the implementation of this Order.
“S. Braun”
S. BRAUN MEMBER
“P. Tomilin”
P. TOMILIN 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.