Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 13, 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 Lakeside Drive (Lakeside Dr. & 81 Waterford Crescent, Stoney Creek)
Municipality/UT: 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 Lakeside Drive (Lakeside 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 Lakeside Drive (Lakeside Dr. & 81 Waterford Crescent, Stoney Creek)
Municipality/UT: City of Hamilton
OLT Case No.: OLT-22-004816
OLT Lead Case No.: OLT-22-004814
Heard: June 27, 2023 by Video Conference
APPEARANCES:
Parties
Counsel
City of Hamilton
Brian Duxbury
Losani Homes (1998) Ltd
Nancy Smith
1080992 Ontario Inc.
Nancy Smith
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 27, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened this second Case Management Conference (“CMC”) in respect of appeals 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 a Zoning Amendment and draft Plan of Subdivision for the property municipally known as 11, 19, 20, 21, 23, 27 and 30 Lakeside Drive and 81 Waterford Crescent (“Subject Property”).
2The purpose of this CMC was to receive an update from the Parties regarding finalization of the Procedural Order and the Issues List.
3The Tribunal was informed that Glen and Ulrike Cleland, who own the properties at 47 and 50 Lakeside Drive adjacent to the Subject Property and were granted Party Status at the first CMC, had submitted to the Case Manager, a list of concerns and Issues.
4The Clelands informed the Tribunal that they would not be represented by counsel, present any evidence or witness’ other than the received list of concerns.
5Upon further review of the submitted Issues and input from Counsel, the Tribunal advised the Clelands that they would be better suited to be Participants to the proceedings. The Clelands agreed to change their status to Participant.
6The Tribunal is in receipt of the updated Procedural Order and Issues List herein attached to this decision.
7The Tribunal directs that the scheduled effective hearing date will remain and commence on Monday, November 20, 2023. Five (5) days have been set aside.
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.
9The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/558205565
Access Code: 558-205-565
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Parties 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
12Individuals 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.
13There will be no further notice.
14The Member is not seized.
“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.
ATTACHMENT 1