Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 20, 2022
CASE NO(S).: OLT-22-003075
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Application to amend Zoning By-law No. 3692-92 – Neglect or Refusal of application by City of Hamilton
Existing Zoning: Agricultural Specialty AS
Proposed Zoning: Multiple Residential RMS
Purpose: To permit a range of residential units (townhouses, maisonette townhouses, and stacked townhouse)
Property Address/Description: 860 & 884 Barton Street
Municipality: City of Hamilton
Municipal File No.: ZAC-18-049
OLT Lead Case No.: OLT-22-003075
OLT Case File No.: OLT-22-003075
OLT Case Name: Losani Homes (1998) Ltd. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Losani Homes (1998) Ltd.
Subject: Proposed Plan of Subdivision - Failure of City of Hamilton to make a decision
Purpose: To permit a range of residential units (townhouses, maisonette townhouses, and stacked townhouse)
Property Address/Description: 860 & 884 Barton Street
Municipality: City of Hamilton
Municipal File No.: 25T-202109
OLT Case No.: OLT-22-003076
OLT Lead Case No.: OLT-22-003075
Heard: October 11, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Losani Homes (1998) Ltd. | Jennifer Meader |
| City of Hamilton | Rachel McVean Patrick MacDonald (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON OCTOBER 11, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order results from the first Case Management Conference (“CMC”) conducted in respect to the Appeal from Losani Homes (1998) Limited (the “Appellant”) pursuant to s. 34(11) and s. 51(34) of the Planning Act against the City of Hamilton’s (the “City”) failure to make a decision within the statutory time frames regarding the Appellant’s proposed Zoning By-law Amendment (the “ZBA”) application.
2The Tribunal marked the Affidavit of Service of the Notice of the CMC by Victoria Peacock on September 14, 2022, as Exhibit No. 1 to the Hearing.
BACKGROUND
3The municipal address of the Subject Property is 860 and 884 Barton Street East, Stoney Creek.
4The applications under Appeal propose to amend the City’s Zoning By-law No. 3692-92 to permit a Plan of Subdivision with 251 townhouse residential units. The Subject Property’s proposal is for a variety of Townhouse unit types and styles. The proposal will include a neighbourhood park and a stormwater management pond. The Subject Property is currently vacant and was previously used for agricultural purposes.
Requests for Status
5At this CMC, there were no requests for Party Status. The Tribunal inquired as to whether Quinto Simone and Giovanna Simone wished to request Participant Status. Both Mr. and Ms. Simone declined to make this request and will remain observers to the Appeal. The City and the Appellant have agreed to work with the Simones to address their concerns about the Appeal.
OPPORTUNITIES FOR RESOLUTION
6The Tribunal was notified by the Parties that negotiations are ongoing and there may be a settlement in this matter before the hearing date. As such, Tribunal-led Mediation is not needed at this time.
SCHEDULING OF A Second CMC AND MERITS HEARING
7A second CMC was requested to allow time for the Parties to agree to the Issues List and a draft Procedural Order. A second CMC has been scheduled for Wednesday, January 25, 2023 at 10 a.m.
8A seven-day to ten-day hearing was requested by the Parties to commence after May 2023. The Tribunal directs that a seven (7) day hearing of the merits will be held by video hearing commencing Monday, July 17, 2023 at 10 a.m.
Wednesday, January 25, 2023 at 10 a.m. (one-day hearing)
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
Audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: as indicated above
Monday, July 17, 2022 (seven-day hearing)
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509
Audio-only line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: as indicated above
9Parties 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.
10Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons 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.
12Individuals 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
13The Tribunal orders that a second Case Management Conference is to be scheduled for Wednesday, January 25, 2023.
14The Tribunal orders that a seven (7) day hearing is scheduled to commence on Monday, July 17, 2023.
15The Member is not seized.
16No further notice will be given.
“s. deBoer”
s. deboer
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.