du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
November 07, 2024
CASE NO(S).:
OLT-24-000803
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Dickenson Limited Partnership and Dickenson GP Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit an industrial warehouse development
Reference Number:
ZAH-22-021
Property Address:
9451,9517, 9541, 9569, 9579, 9593 and 9867 Dickenson Road, 1199 and 1205 Glancaster Road
Municipality/UT:
Hamilton/Hamilton
OLT Case No.:
OLT-24-000803
OLT Lead Case No.:
OLT-24-000803
OLT Case Name:
Dickenson Limited Partnership and Dickenson GP Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Dickenson Limited Partnership and Dickenson GP Inc.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit an industrial warehouse development
Reference Number:
25T-202203
Property Address:
9451,9517, 9541, 9569, 9579, 9593 and 9867 Dickenson Road, 1199 and 1205 Glancaster Road
Municipality/UT:
Hamilton/Hamilton
OLT Case No.:
OLT-24-000804
OLT Lead Case No.:
OLT-24-000803
Heard:
October 31, 2024 by video hearing
APPEARANCES:
Parties
Counsel
Dickenson Limited Partnership
Naomi Mares (in absentia)
and Dickenson GP Inc.
Alexander Suriano
("Appellant")
City of Hamilton
Patrick MacDonald
("City")
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the first Case Management Conference ("CMC") convened for an Appeal brought by Dickenson Limited Partnership and Dickenson GP Inc. ("Appellant") on Applications concerning the lifting of Holding Provision 37 in the Comprehensive Zoning By-law No. 05/200 through a Zoning By-law Amendment ("ZBA") pursuant to s. 36(3) and Draft Plan of Subdivision ("DPS") pursuant to s. 51(34) on the property municipally known as 9451, 9517, 9541, 9569, 9579, 9593, and 9867 Dickenson Road and 1199 and 1205 Glancaster Road, in the City of Hamilton ("City") ("Subject Property").
2The Application seeks to facilitate the redevelopment of the Subject Property with an industrial development comprising of four development blocks totalling approximately 76.6 hectares of development area that may accommodate a gross floor area of approximately 295,326 square metres of employment uses (the "Proposed Development"). The Proposed Development also includes one public road ("Street A" or "Arterial 1N), the creation of various blocks for stormwater management ponds and accommodating the natural heritage system, including a retained watercourse and wetland, a realigned and naturalized watercourse corridor and three blocks for woodland conservation and creation.
3It was noted at the CMC that in the Appeal submission and covering letter, the style of cause had been cited incorrectly. Having this matter brought to the Tribunal's attention on consent, and as per the Tribunal's Rules of Practice and Procedure under Rule 7.8:
7.8 Amendment of Documents
Documents filed with the Tribunal can only be amended with the consent of the parties or by order of the Tribunal. The Tribunal may require that the person requesting an amendment do so by way of a motion under Rule 10.
4The Tribunal has amended, on consent of the Parties, the style of cause as noted in paragraph [1]. All future proceedings will reflect that the ZBA is appealed under subsection 36(3) of the Planning Act, R.S.O. 1990, c. P13 as amended.
PROCEDURAL MATTERS
5The sworn Affidavit of Service sworn by Natalie Hickey dated October 9, 2024, was filed prior to the hearing confirming that proper Notice of this CMC had been served and was marked as Exhibit 1.
MEDIATION
6The Parties indicated that without prejudice discussions have and will continue to take place in order to scope the Issues before the next CMC. The Parties indicated that should they require the assistance of Tribunal-led mediation in an effort to resolve any or all of the Issues they will contact the Case Coordinator.
PROCEDURAL ORDER AND ISSUES LIST
7The Parties are directed to submit to the Case Coordinator on or before December 30, 2024, a draft Procedural Order ("PO") and Issue List ("IL") for discussion at the next CMC, at which time a merit hearing will be scheduled.
NEXT CASE MANAGEMENT CONFERENCE
8A second CMC will commence Monday, January 13, 2025, at 10 a.m. by video hearing.
9Parties 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/638422541
Access Code: 638-422-541
10Parties 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
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1(888) 299-1889 or +1 (647) 497-9373. The Access Code is indicated above.
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 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.
13The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
14THE TRIBUNAL ORDERS that the Appeal and associated documentation be amended to reflect the style of cause as filed under s. 36(3) here forward.
15The directions set out above are so ordered.
16This Member is not seized but will remain available through the Case Coordinator should the need arise.
17No further notice will be given.
"D. Chipman"
D. CHIPMAN
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.