Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 16, 2023
CASE NO(S).: OLT-22-004724
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1583123 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a five-storey residential apartment building and sixth-storey amenity space Property Address: 3160, 3168, 3180 and 3190 Regional Road 56 Municipality: City of Hamilton Reference Number: UHOPA-22-024 OLT Case No.: OLT-22-004724 OLT Lead Case No.: OLT-22-004724 OLT Case Name: 1583123 Ontario Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1583123 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a five-storey residential apartment building and sixth-storey amenity space Property Address: 3160, 3168, 3180 and 3190 Regional Road 56 Municipality: City of Hamilton Reference Number: ZAC-22-051 OLT Case No.: OLT-22-004725 OLT Lead Case No.: OLT-22-004724
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| 1583123 Ontario Inc. | Jennifer Meader |
| City of Hamilton | Rachel McVean |
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH AND CARMINE Tucci ON April 5, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal filed by 1583123 Ontario Inc. (“Appellant”) 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 (“OPA”) and on an application to Amend the Zoning By-law (“ZBA”) relating to the property Municipally known as 3160, 3168, 3180, and 3190 Regional Road 56 (“Subject Property”).
2The Appellant proposes to redevelop the Subject Property with a five-storey residential apartment building containing 121 units and sixth-storey amenity space and flexible commercial/office units on a portion of the ground floor. The Subject Property currently contains two vacant residential buildings and an accessory garage structure that are proposed to be demolished to allow for the proposed development.
3Concurrently, the Appellant proposes a similar redevelopment to the north of the Subject Property, subject to an appeal, OLT-22-004822, which had been scheduled for its first CMC on April 14, 2023. The Appellant had requested that a second CMC be scheduled for April 14, 2023 to have the matters heard at the same time, for the following reasons:
a. both files have the same applicant, 1583123 Ontario Inc.; b. the applications are similar in nature, both being midrise apartment buildings; c. the policy regime applicable to each application is virtually identical; d. the two properties are geographically proximate, being 300 metres apart on the same street; e. both files would have the same expert witnesses on behalf of the Applicant; f. both files have the same initial approval authority, that being the City of Hamilton. g. the City does not oppose the request to have the matters heard together; h. to allow the matters to be heard more efficiently, cost-effectively, and expeditiously than if the matters were heard separately.
4The Tribunal directed that a second CMC should be held together with the first OLT-22-004822 CMC already scheduled to proceed.
5The Video Hearing has been scheduled to proceed on Friday, April 14, 2023 at 10 a.m.
6Parties and participants are asked to log in to 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/519389173
Access code: 519-389-173
7Parties 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
8Persons 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 519-389-173.
9Individuals 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 Video Hearing 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
10THE TRIBUNAL ORDERS THAT:
- a full-day Case Management Conference has been scheduled to commence at 10 a.m. on Friday, April 14, 2023, as set out in the paragraphs above; and
- the Members are not seized but may be spoken to through the Case Coordinator if any issues should arise.
“Kurtis Smith”
Kurtis Smith
Member
“Carmine Tucci”
CARMINE TUCCI
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.