Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 30, 2023
CASE NO(S).: OLT-21-001169
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Valery (Chedoke Browlands) Developments Inc.
Subject: Request to amend the Official Plan – Failure to the City of Hamilton to adopt the requested amendment
Existing Designation: Neighbourhoods and Open Space
Proposed Designated: Neighbourhoods and Open Space
Purpose: To permit the development of 630 residential units while retaining the Long and Bisby Building
Property Address: 801, 820, 828, 855, 865 and 870 Scenic Drive
Municipality/UT: City of Hamilton
Municipality File No.: UHOPA-20-026
OLT Case No: OLT-21-001169
OLT Lead Case No: OLT-21-001169
OLT Case Name: Valery (Chedoke Browlands) Developments 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: Valery (Chedoke Browlands) Developments Inc.
Subject: Application to amend Zoning By-law No. 6593 – Refusal and neglect of the City of Hamilton to make a decision
Existing Zoning: Low Density Multiple Dwellings
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of 630 residential units while retaining the Long and Bisby Building
Property Address/Description: 801, 820, 828, 855, 865 and 870 Scenic Drive
Municipality/UT: City of Hamilton
Municipality File No.: ZAC-20-041
OLT Case No: OLT-21-001170
OLT Lead Case No: OLT-21-001169
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Valery (Chedoke Browlands) Developments Inc.
Subject: Proposed Plan of Subdivision – Failure of the City of Hamilton to make a decision
Purpose: To permit the development of 630 residential units while retaining the Long and Bisby Building
Property Address/Description: 801, 820, 828, 855, 865 and 870 Scenic Drive
Municipality/UT: City of Hamilton
Municipality File No.: 25T-202008
OLT Case No: OLT-21-001171
OLT Lead Case No: OLT-21-001169
Heard: May 15, 2023 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Valery (Chedoke Browlands) Developments Inc. | Russell Cheeseman and Stephanie Fleming |
| City of Hamilton | Patrick MacDonald |
| Niagara Escarpment Commission | Amanda Landre |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON MAY 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) respecting an appeal by Valery (Chedoke Browlands) Developments Inc. The appeal arises following a non-decision concerning Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications sought to permit the development of 630 residential units, while retaining the “Long and Bisby Building” located on the Subject Lands.
2Today was supposed to be the start of a 15-day hearing on the merits. However, as the Parties explained, the Parties discovered, through the meeting of their respective experts, a new understanding of a particular set-back line which has a material effect on the proposed development plan. Consequently, a new plan has been developed and recently circulated with the Parties. The Parties indicated their intention to consider the new plan and also engage in Tribunal-led mediation, being hopeful to either resolve the matter or substantially scope the issues.
3The purpose of the present CMC is therefore to set a date for a new CMC, at which time a fresh Procedural Order will be presented for consideration and dates will be set for a hearing. Alternatively, the date may be used to present a settlement. The Tribunal made it clear that a draft Procedural Order must be filed with the Tribunal in advance of the next CMC.
FOURTH CMC
4Upon request of the Parties, the Tribunal set a fourth CMC hearing commencing on Thursday, September 7, 2023 at 9 a.m. by VH. No further Notice is required. The Tribunal notes that an earlier start time was requested to deal with a potential conflict with Counsel for the City of Hamilton.
5The CMC hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
6Parties 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.
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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
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 VH 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:
The date and particulars of the next Case Management Conference (“CMC”) hearing are set out above; and,
A draft Procedural Order with Issues List shall be filed with the Tribunal in advance of the next CMC.
11The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.