Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 18, 2022

CASE NO(S).: OLT-21-001169

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended

Applicant and Appellant: Valery (Chedoke Browlands) Developments Inc. Subject: Request to amend the Official Plan - Failure of City of Hamilton to adopt the requested amendment Existing Designation: Neighbourhoods and Open Space Proposed Designated: Neighbourhoods and Open Space Purpose: To permit the development of 630 residential units while retaining the Long & Bisby Building Property Address/Description: 801, 820, 828, 855, 865 and 870 Scenic Drive Municipality: City of Hamilton Municipality File No.: UHOPA-20-026 OLT Case No.: OLT-21-001169 OLT File No.: OLT-21-001169 OLT Case Name: Valery (Chedoke Browlands) Developments 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: Valery (Chedoke Browlands) Developments Inc. Subject: Application to amend Zoning By-law No. 6593 - Refusal or neglect of City of Hamilton to make a decision Existing Zoning: Low Density Multiple Dwellings Proposed Zoning: Site Specific (To be determined) Purpose: To permit the development of 630 residential units while retaining the Long & Bisby Building Property Address/Description: 801, 820, 828, 855, 865 and 870 Scenic Drive Municipality: City of Hamilton Municipality File No.: ZAC-20-041 OLT Case No.: OLT-21-001169 OLT File No.: OLT-21-001170

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Valery (Chedoke Browlands) Developments Inc. Subject: Proposed Plan of Subdivision – Failure of City of Hamilton to make a decision Purpose: To permit the development of 630 residential units while retaining the Long & Bisby Building Property Address/Description: 801, 820, 828, 855, 865 and 870 Scenic Drive Municipality: City of Hamilton Municipality File No.: 25T-202008 OLT Case No.: OLT-21-001169 OLT File No.: OLT-21-001171

Heard: June 13, 2022 by video hearing

APPEARANCES:

Parties	Counsel
Valery (Chedoke Browlands) Development Inc.	R. Cheeseman, S. Fleming
City of Hamilton (“City”)	P. MacDonald
Niagara Escarpment Commission (“NEC”)	K. Hare

MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON JUNE 13, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The second Case Management Conference (“CMC”) in this matter was held on June 13, 2022. The first CMC was held on November 10, 2021 and the background facts and circumstances concerning this proceeding were fully captured in the Decision of Vice-Chair Lanthier, issued November 22, 2021 and therefore will not be repeated here.

2Counsel for the Parties have continued to discuss a revised draft Procedural Order (“PO”) that had recently been circulated by the Applicant’s counsel in an effort to reduce the scope of the Issues List – and to explore a possible partial or full resolution of this matter. In terms of the latter, the Tribunal once again encouraged the Parties to consider making use of the Tribunal’s mediation program to assist them.

3Nonetheless, the Applicant’s counsel seeks a hearing date from the Tribunal pointing out the reality that often the prospects for a negotiated settlement increase once a hearing date is on the horizon. The Tribunal agrees and notes that the Parties agree that a fifteen-day hearing is required.

4The hearing of this appeal has been scheduled to commence on Monday, May 15, 2023 at 10 a.m. for a period of 15 days.

5Parties 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/442599157

Access code: 442-599-157

6Parties 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

7Persons 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: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 442-599-157.

8Individuals 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.

9Counsel agree that the PO is likely to be further revised as a result of the ongoing discussions among them about narrowing of the Issues List and that it ought not to be issued in its current draft format. However, counsel also agree that they will commit to concluding their current negotiations and to finalizing the Issues List by on or about the end of July 2023.

ORDER

10The Tribunal Orders that the Parties shall submit by no later than Friday, August 5, 2022 either:

(a) a final PO in agreed form and content; or

(b) a further draft PO that clearly delineates any areas of ongoing disagreement as between the Parties.

11In the event that the Parties remain in disagreement concerning the form and content of the further draft PO, as referenced in paragraph [10] (b), the Tribunal will resolve the final form of the PO or, at its discretion, schedule a further hearing event for that purpose.

“William R. Middleton”

william r. middleton

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.