Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 02, 2023
CASE NO(S).: OLT-23-000673
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Southcote Hills Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
OPA, ZBA to permit ten 3-storey townhouse block dwellings containing a total of 57 dwelling units
Reference Number:
UHOPA-23-010
Property Address:
509 Southcote Road
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-23-000673
OLT Case Name:
Southcote Hills Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number:
ZAC-23-025
Property Address:
509 Southcote Road
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-23-000674
OLT Lead Case No:
OLT-23-000673
Heard:
October 27, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Southcote Hills Inc.
Patrick Harrington
City of Hamilton
Rachel McVean
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON OCTOBER 27, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal filed by Southcote Hills. Inc (“Southcote”) regarding the failure of the City of Hamilton (“City”) to make a decision within the timeframe prescribed in the Planning Act on an application for an Official Plan Amendment and an application to amend the Zoning By-law relating to the property known as 509 Southcote Road (“Subject Property”).
2Southcote proposes to redevelop the Subject Property with 10 three-storey townhouse blocks, creating a total of 57 dwelling units comprised of two and three bedroom units.
PROCEDURAL MATTERS
3The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Natalie Hickey as Exhibit 1. There were no issues with the service of notice of the CMC and as such, no further notice is required.
4Prior to the commencement of the CMC two Participant Status requests were submitted by: (1) Ms. Karin Hewlett and (2) Ms. Elizabeth Knight. Both requesters live in the immediate area of the Subject Property. On consent of the Parties, the Tribunal granted Ms. Hewlett and Ms. Knight Participant Status.
PROCEDURAL ORDER & ISSUES LIST
5A Draft Procedural Order (“DPO”) and Issues List (“IL”) was not supplied at the CMC. The Parties communicated that final instructions will be obtained from City Council in the coming weeks. The Tribunal directed the Parties to supply the DPO IL to the Case Coordinator in final form and on consent of the Parties on or before Monday, November 27, 2023.
HEARING DATES
6Southcote and the City advised that an eight (8)-day hearing is required to allow sufficient time. The City intend to call on four witnesses while Southcote does not have a defined witness list, however, does not expect to call on more than four.
7The hearing is scheduled to proceed by video commencing on Monday, July 29, 2024, at 10 a.m.
8Parties 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/692665589
Access code: 692-665-589
9Parties 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
10Persons 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) 497-9373 or Toll Free 1-888-299-1889. The access code is 692-665-589.
11Individuals 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
12The Tribunal Orders it decisions and directive as contained in this Decision.
“Kurtis Smith”
KURTIS SMITH 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.