Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 14, 2023

CASE NO(S).: OLT-22-004546 OLT-22-004547

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

Applicant/Appellant: LJM Developments (Queenston) Inc.

Subject: Failure of Approval Authority to announce a decision respecting a Proposed Official Plan Amendment

Description: OPA to facilitate a 12 storey 281-unit residential development

Reference Number: UHOPA-22-009

Property Address: 651 Queenston Road

Municipality/UT: City of Hamilton

OLT Case No: OLT-22-004546

OLT Lead Case No: OLT-22-004546

OLT Case Name: LJM Developments (Queenston) 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

Description: ZBA to facilitate a 12 storey 281-unit residential development

Reference Number: ZAC-22-018

Property Address: 651 Queenston Road

Municipality/UT: City of Hamilton

OLT Case No: OLT-22-004547

OLT Lead Case No: OLT-22-004546

Heard: April 13, 2023 by Video Hearing

APPEARANCES:

Parties

Counsel

LJM Developments (Queenston) Inc.

Russell Cheeseman Stephanie Fleming

City of Hamilton

Patrick MacDonald

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON AND D. ARNOLD ON APRIL 13, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from the first Case Management Conference (“CMC”) held in preparation of a hearing of the merits of appeals filed by LJM Developments (Queenston) Inc. (“Appellant”) pursuant to s. 22(7) and s. 34(11) of the Planning Act in response to the failure of the City of Hamilton (“City”) to render a decision on Official Plan Amendment and Zoning By-law Amendment applications (collectively, “Applications”) within the statutory timeframes for the lands known municipally as 651 Queenston Road (“Subject Lands”).

2The Appellant submitted the Applications to facilitate the development of a 12-storey, 281-unit residential development on the Subject Lands.

AFFIDAVIT OF SERVICE

3An Affidavit of Service sworn by Darlene Hornsby on March 15, 2023 was received by the Tribunal and marked as Exhibit 1 to these proceedings. There were no issues with the service of notice for the CMC and, as such, no further notice is required.

REQUESTS FOR STATUS

4Prior to the CMC, the Tribunal received a Request for Participant Status (“Request”) with an accompanying Participant Statement from Peter Trzebiatowski, a resident near the Subject Lands. Upon reviewing the Participant Statement, the Parties raised no concerns with the Request and Mr. Trzebiatowski was granted Participant Status by the Tribunal.

5No other requests for Party or Participant Status were received.

OPPORTUNITIES FOR SETTLEMENT

6The Parties advised the Tribunal that they will work together to narrow the issues as much as possible in advance of a hearing but noted that they did not believe this matter warranted Tribunal-assisted mediation.

ISSUES LIST, PROCEDURAL ORDER AND HEARING DATES

Issues List and Procedural Order

7The City had not prepared a draft Issues List for consideration at the CMC and as such a draft Procedural Order was not discussed in detail. Counsel for the City indicated that they are working with the City’s prospective witnesses to finalize draft issues for the Appellant’s review and requested additional time for the Parties to work together to refine the issues.

8The Tribunal directed that a draft Procedural Order and Issues List be submitted to the Tribunal for review no later than Friday, April 28, 2023.

Second CMC and Hearing Dates

9The Tribunal directed that a second CMC will be held by Video Hearing commencing Thursday, May 4, 2023 at 9 a.m. to review the draft Procedural Order and Issues List. The Parties were directed to be prepared to advise the Tribunal at the second CMC if any refinements to the scheduled hearing dates below can be made.

10The Parties discussed the number and types of witnesses that are anticipated being called at a hearing and suggested six to eight days may be required. The Tribunal scheduled an eight-day hearing commencing Monday, February 26, 2024 at 10 a.m.

11The CMC and hearing are scheduled to proceed by video as follows:

Thursday, May 4, 2023 at 9 a.m. (one-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 709-076-365

Monday, February 26, 2024 at 10 a.m. until Wednesday, March 6, 2024 GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 687-587-165

12Parties and Participants are asked to log on to the video hearings at least 15 minutes before the start of the event to test their video and audio connections.

13Parties 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.

14Persons 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.

15Individuals 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

16THE TRIBUNAL ORDERS that an updated draft Procedural Order and finalized Issues List are to be submitted to the Tribunal for consideration no later than Friday, April 28, 2023.

17THE TRIBUNAL ORDERS that a second Case Management Conference will be held by video hearing on Thursday, May 4, 2023 at 9 a.m.

18THE TRIBUNAL ORDERS that a hearing on the merits will commence by video hearing on Monday, February 26, 2024 at 10 a.m. Eight days have currently been set aside for the hearing.

19There will be no further notice.

20The Panel is not seized.

“S. Dixon”

S. dixon

MEMBER

“D. Arnold”

D. Arnold

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.