Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2024
CASE NO(S).: OLT-22-003572 (Formerly PL170991)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1520866 Ontario Limited (Losani Homes)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: Application to amend Zoning By-law No 3692-92 – Neglect of City of Hamilton to make a decision
Reference Number: UHOPA-16-20
Property Address: 157 Upper Centennial Parkway
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-22-003572
Legacy Case No: PL170991
OLT Lead Case No.: OLT-22-003572
Legacy Lead Case No: PL170991
OLT Case Name: 1520866 Ontario Limited 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
Reference Number: ZAC-16-056
Property Address: 157 Upper Centennial Parkway
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-22-003575
Legacy Case No: PL170992
OLT Lead Case No.: OLT-22-003572
Legacy Lead Case No: PL170991
Heard: October 17, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 1520866 Ontario Limited | D. Baker |
| City of Hamilton | P. Krysiak |
| Alinea Land Corporation (formerly Penta Properties and Upper Centennial Developments Ltd.) | S. Snider |
| 660439 Ontario Inc. | J. Petropoulos* |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 17, 2024 AND ORDER OF THE TRIBUNAL
1The matters before the Tribunal are the Appeals by 1520866 Ontario Limited (Losani Homes) (“Applicant” / “Appellant”) arising from the failure of the City of Hamilton (“City”) to make a decision an Official Plan Amendment (“OPA”) pursuant to ss. 17(40) and a Zoning By-law Amendment (“ZBA”) pursuant to ss. 34(11), (“initial Applications”), of the Planning Act (“Act”), for the property located at 157 Upper Centennial Parkway.
PRELIMINARY MATTER
2At the last Case Management Conference (“CMC”) held on July 24, 2024, Denise Baker, Counsel for the Appellant, noted that Site Plan (“SP”) and Draft Plan of Subdivision (“DPS”) Applications have also been submitted, which are currently separate from the initial Applications. At that time, she requested to have a Settlement Hearing to be scheduled in October and to have a first CMC scheduled as a separate event if the settlement was not reached for the SP and DPS.
3One day prior to the Settlement Hearing, at the eleventh hour, the Tribunal received documents from 660439 Ontario Inc. (“numbered company”) raising concerns about grading and drainage.
4The Tribunal notes that Parties are required to submit the materials 10-days in advance of the Hearing. The Tribunal asked the Parties for submissions on the request for Party status by the numbered company for the CMC related to the SP and DPS (OLT file No. OLT-24-000648).
5Ms. Baker submits that the initial Applications were submitted in 2016 and the numbered company was a Party to those proceedings, thus they had ample time to voice their concerns. Further, she stated that the numbered company did not file any status request for the CMC for the OLT Case No. OLT-24-000648. Ms. Baker clarified that her client is working with existing grades and there is no proposed change in grading. Ms. Baker submitted that the filed documents from the numbered company does not make any reference to the new material and will be of a limited assistance. Ms. Baker was opposed to granting the numbered company Party status, however, she had no concerns with granting Participant status.
6Mr. Krysiak stated that he echoes Ms. Baker’s submissions and pointed out that the City believes that the imposed conditions on the SP and DPS Applications will resolve all of the concerns of the numbered company.
7Mr. Snider submitted that his client is not taking any position.
TRIBUNAL’S FINDINGS
8The Tribunal stepped down to consider all of the submissions. After given careful thought, the Tribunal is of the opinion that further delaying the proceedings would be prejudicial to the Appellant.
ORDER
9The Tribunal directs that the 660439 Ontario Inc. will be permitted to file a Participant Status Request Form outlining its’ concerns with regard to drainage and grading, only. The Tribunal further directs that the first CMC for the OLT Case No. OLT-24-000648 will proceed as scheduled at 2 p.m. and will be converted into a Settlement Hearing.
“P. Tomilin”
P. TOMILIN 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.