Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 25, 2023
CASE NO(S).: OLT-22-004814
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Losani Homes (1998) Ltd. & 1080992 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To facilitate the development of 38 single detached dwellings
Reference Number: UHOPA-17-005
Property Address: 11, 19, 20, 21, 23, 27 & 30 Lakeshore Drive (Lakeshore Dr. & 81 Waterford Crescent, Stoney Creek)
Municipality: City of Hamilton
OLT Case No.: OLT-22-004814
OLT Lead Case No.: OLT-22-004814
OLT Case Name: Losani Homes (1998) Ltd. and 1080992 Ontario Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 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: To facilitate the development of 38 single detached dwellings
Reference Number: ZAC-17-015
Property Address: 11, 19, 20, 21, 23, 27 & 30 Lakeshore Drive (Lakeshore Dr. & 81 Waterford Crescent, Stoney Creek)
Municipality/UT: City of Hamilton
OLT Case No.: OLT-22-004815
OLT Lead Case No.: OLT-22-004814
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To facilitate the development of 38 single detached dwellings
Reference Number: 25T-201703
Property Address: 11, 19, 20, 21, 23, 27 & 30 Lakeshore Drive (Lakeshore Dr. & 81 Waterford Crescent, Stoney Creek)
Municipality: City of Hamilton
OLT Case No.: OLT-22-004816
OLT Lead Case No.: OLT-22-004814
Heard: April 19, 2023 by Video Conference
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Hamilton | P. MacDonald |
| Losani Homes (1998) Ltd. and 1080992 Ontario Inc. | J. Meader, J. De Marinis |
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM AND C.I. MOLINARI ON APRIL 19, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened the first Case Management Conference (“CMC”) in respect of an appeal filed pursuant to sections 22(7), 34(11) and 51(34) of the Planning Act (“Act”) by Losani Homes (1998) Ltd. and 1080992 Ontario Inc. (“Applicant”) against the City of Hamilton (“City”) for its failure to make a decision within the timeframe prescribed by the Act on applications (“Applications”) for approval of an Official Plan Amendment for the property municipally known as 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford Crescent (“Subject Property”).
2The Applications are to facilitate the development of 38 single detached dwellings within an established residential area along the shore of Lake Ontario.
3The Subject Property is located along the former Stoney Creek Lakeshore area and has a total land area of approximately 2.5 hectares. The property includes an existing private road known as Lakeside Drive, which extends westerly from Jones Road and provides access to several cottage/single detached dwellings located between Lakeside Drive and Lake Ontario. The property is surrounded with low density residential development consisting primarily of single detached dwellings.
4The purpose of this CMC is to receive an update from the Parties, determine if there are additional persons or organizations seeking Party or Participant status, investigate opportunities for mediation or settlement and set dates for any subsequent hearings.
NOTICE
5An Affidavit of Service sworn on March 31, 2023, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
PARTY STATUS
6One request for Party Status was received by the Tribunal by Glenn and Ulrike Cleland who own the properties at 47 and 50 Lakeside Drive adjacent to the Subject Property. The Clelands indicated that they have issues related to road access and utility and sanitary sewer services and are concerned that their issues have not been addressed by the City or the Applicant. They indicated that they will not be bringing any witnesses before the Tribunal.
7Counsel for the Applicant indicated that she was not opposed to the Cleland’s being granted Party status but felt that their issues would better be resolved through discussions with the City. Counsel for the City indicated that the Clelands have participated in the public process and that he has no objection to the granting of Party Status to them.
8The Tribunal is satisfied that Glenn and Ulrike Cleland have genuine land use planning issues regarding the matter and, with no opposition from the other Parties, grants their request for Party status.
PARTICIPANT STATUS
9The Tribunal received one request for Participant Status from Romesh Galagoda who owns the property at 42 Lakeside Drive. The Tribunal is satisfied that Mr. Galagoda has land use planning related interest in this matter and, with no opposition from the other Parties, grants the requested Participant status.
NEXT STEPS
10The Tribunal engaged the Parties in a discussion about next steps in this process which included expectations for a second CMC and details required for a Merit Hearing. Counsel for the Applicant indicated that her client would like to see the process expeditated given how long it has been before the City and the fact that the City Staff report was favourable of the proposal. She proposed that a five-day Merit Hearing be scheduled in late August or early September. Counsel for the City indicated that he has the information from the City staff report but has not received direction from Council and would need their direction before moving forward. The Clelands indicated that they can be available as required.
11The Parties advised that no discussions have occurred regarding settlement and/or mediation. Counsel for the Applicant felt that Tribunal-led mediation would not be necessary. She felt that there is potential for resolution of any issues through consultation with the City.
HEARING EVENTS
12The Tribunal directed that a second CMC be scheduled for Tuesday, June 27, 2023, at 10 a.m. via video conference. At the request of the Parties, the Tribunal also scheduled a five day Merit Hearing from Monday, November 20, 2023, to Friday, November 24, 2023.
13The purpose of the second CMC will be to finalize a draft Procedural Order and Issues List and establish an agenda for the Merit Hearing.
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.
15The second CMC is scheduled to proceed by video as follows:
https://meet.goto.com/278736685
Access code: 278-736-685
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
17Parties 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
18Individuals 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
19The Tribunal grants Party Status to Glenn and Ulrike Cleland in this proceeding.
20The Tribunal grants Participant Status to Romesh Galagoda in this proceeding.
21The Tribunal orders that a 5-day hearing will commence by video hearing on Monday, November 20, 2023, at 10 a.m. by video hearing.
22There will be no further notice.
23The Members are not seized.
“Gregory J. Ingram”
GREGORY J. INGRAM
MEMBER
“C.I”. Molinari”
C.I. MOLINARI
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.