Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 22, 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-22-003911
OLT Lead Case No.: OLT-22-003911
OLT Case Name: 1376412 Ontario Ltd. v. Hamilton (City)
Heard: September 6, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1376412 Ontario Ltd. (Zeina Homes) | Jennifer Meader |
| City of Hamilton | Rachel McVean |
MEMORANDUM OF ORAL DECISION DELIVERED BY t. prevedel ON september 6, 2022 AND ORDER OF THE TRIBUNAL
Introduction
1The matter before the Tribunal is an appeal by Zeina Homes (the "Appellant") pursuant to s. 34(11) and s. 51(39) of the Planning Act with respect to the City of Hamilton's (“City”) refusal of the Appellant's proposed application for a Zoning By-law Amendment and proposed Plan of Subdivision.
2The application proposes an 18-lot residential subdivision with a stormwater management block and an extension of the municipal road network.
3The subject property, 655 Cramer Road, is located in Flamborough at Highway 5 and Brock Road, and is approximately 15.5 hectares in size. The lands are currently vacant and had been previously used for agricultural purposes. The subject lands are surrounded by a woodlot and industrial operation (rendering and recycling of food and meat by-products) to the west, low-density estate homes to the south, low-density rural residential subdivision, Public School and aggregate industrial operation to the east, and agricultural purposes to the north.
4This is the first Case Management Conference ("CMC"), intended to review the draft Procedural Order and Issues List, deal with any Party or Participant requests, and schedule the Hearing of the Merits.
5The Tribunal marked the Affidavit of Service of the Notice of CMC by Victoria Peacock dated August 30, 2022, as Exhibit 1.
Party and Participant Status Requests
6The Tribunal did not receive any Party or Participant Status requests in advance of this CMC. However, Ms. Meader, on behalf of the Appellant, advised the Tribunal that two potentially interested entities had previously attended at the Public Meetings in the City regarding this application, and had not been notified of this CMC. The two entities are the Ministry of the Environment, Conservation and Parks and Rothsay (a nearby industrial operator).
7A second CMC will be scheduled on consent of the Parties in order to provide proper notice to the two entities noted above and any other interested persons that were inadvertently missed from the Notice of this CMC.
Opportunities for Settlement
8The Tribunal did not ask the Parties if there was an opportunity for settlement, as it was felt that this discussion would be more appropriate at the next CMC.
Procedural Order and Issues List
9The Parties advised the Tribunal that a draft Issues List has been prepared but is not yet in final form. A final Procedural Order and Issues List will be provided to the Tribunal in advance of the next CMC.
10With respect to the Hearing of the Merits, the Parties requested a 10-day Hearing, based on three expert witnesses each, in the disciplines of land use planning, transportation and odour.
Future Scheduling – second CMC
11A second CMC has been scheduled for Friday, November 25, 2022 at 10 a.m. by video hearing. The Parties are directed to jointly provide the Procedural Order and Issues List by Friday, November 18, 2022, ready for review by the Tribunal in advance of the next CMC.
Friday, November 25, 2022 at 10 a.m. (1 day hearing)
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
Audio-only telephone line: (Toll-Free) 1-888-299-1889 and +1 (647) 497-9373
Audio-only access code: 519-389-173
12Please see paragraphs [14] to [17] for hearing technical details.
Merit Hearing
13A 10-day Hearing has been scheduled to start on Monday, June 19, 2023, at 10 a.m. by video hearing.
Monday, June 19, 2023 at 10 a.m. (10-day hearing)
GoTo Meeting: https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
Audio-only telephone line: (Toll-Free) 1-888-299-1889 and +1 (647) 497-9373
Audio-only access code: 344-779-885
14Parties 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.
15Parties 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
16Persons 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.
17Individuals 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.
ORDER
18The next Case Management Conference is scheduled to proceed by video conference on Friday, November 25, 2022, at 10 a.m. by video hearing.
19The Merit Hearing is scheduled to commence on Monday, June 19, 2023, at 10 a.m. by video hearing for a period of ten (10) days.
20The Parties are directed to submit the final Procedural Order and Issues List to the Tribunal by no later than Friday, November 18, 2022.
21The Parties are directed to ensure that proper Notice of the next Case Management Conference is mailed out to any potentially interested entities or individuals. The Case Coordinator will issue a second Direction Letter to the Appellant.
22The Member is not seized, however, may assist with case management, schedules permitting.
“T. Prevedel”
S. Prevedel
MEMBER
Ontario Land Tribunal
Website: www.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.