du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: February 12, 2024
CASE NO(S).: OLT-23-000521
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: Sifton Properties Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: OP-04-18
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No.: OLT-23-000521
OLT Lead Case No.: OLT-23-000521
OLT Case Name: Sifton Properties Ltd. v. Brantford (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: Sifton Properties Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: PZ-15-18
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No.: OLT-23-000522
OLT Lead Case No.: OLT-23-000521
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Sifton Properties Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: 29CD-18503
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No.: OLT-23-000523
OLT Lead Case No.: OLT-23-000521
Heard: August 30,2023, by video hearing
APPEARANCES:
Parties
Counsel
Sifton Properties Limited
Ira. T. Kagan and
(Applicant/Appellant)
Sarah Kagan
City of Brantford
Geoff Daley
Brantford Golf and Country Club
Courtney Boyd
Granite Property Nominee Inc.
Leo Longo
Parkside Hills Inc.
Scott Snider
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES AND M.A. SILLS ON AUGUST 30, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of appeals by Sifton Properties Limited (“Appellant”) from the failure of the City of Brantford (“City”) to adopt an Official Plan Amendment (“OPA”) and to make a decision on an application for a Zoning By-law Amendment (“ZBA”) and a proposed Plan of Subdivision for the properties located at 277, 299 and 301 Hardy Road in the City (subject properties).
2The Appellant is proposing to consolidate the subject properties into a single land parcel to permit a residential development consisting of single detached units and townhouses. The proposed plan of subdivision consists of a block containing 131 single detached units, two medium-density blocks with 37 townhouse units and a medium-density block with 151 low-rise apartment units. The Appellant proposes Retirement apartments and rental condo-style apartment buildings for all ages. The plan also includes blocks for open space, a private sanitary pumping station and amenity space.
3On March 9, 2023, City Planning Staff recommended that the proposed OPA and ZBA be approved and that a Draft Plan of Subdivision and Draft Plan Conditions be presented to Council for consideration and approval.
4The Tribunal was provided with an Affidavit of Service dated July 26, 2023, confirming that Notice of this CMC was properly given, and is marked as Exhibit 1.
STATUS REQUESTS
5The Tribunal received, and without objection, granted Party Status Requests to Brantford Golf and Country Club, Granite Property Nominee Inc., and Parkside Hills Inc.
6Participant Status was granted to Mary Lou Knechtel, and to G. Jerry Klievik who is a member of The Hardy Road Area Citizens Committee. Mr. Klievik confirmed his understanding that as The Hardy Road Area Citizens Committee is not incorporated it cannot hold status in this matter, and therefore, he will be the Participant of record.
7The Tribunal also received ‘written comments’ late in the day on August 31, 2023, from Marlene Graham, who identified herself as an “Interested Resident”. A completed Participant Status Request Form was not provided. However, the Tribunal granted Ms. Graham provisional Participant status subject to her completing and submitting a Participant Status Request Form to the Tribunal by no later than 10 days from the date of this CMC.
8A Draft Procedural Order provided in advance of the CMC included a summary of timelines for Key Dates, as well as the City’s Issues List, and the Brantford Golf and Country Club Issues List. The Granite Property Nominee Issues List remained outstanding at the time of thisfirst CMC.
9The Parties concur on the following:
a. That a 12-day virtual hearing on the merits be scheduled commencing no earlier than July of 2024;
b. That a second CMC be held in the first two weeks of December 2023, for the purpose of identifying changes to the Procedural Order and reflecting progress and possible resolution of issues that may reduce the number of hearing dates required;
c. That the Granite Properties Nominee Inc. and Parkside Hills Inc. be given reasonable time to prepare their Issue Lists.
d. That Mr. Kagan will be responsible for finalizing the Procedural Order and Issues List following today’s CMC and file the finalized Procedural Order with the Tribunal by December 1, 2023.
MEDIATION
The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in Tribunal-led mediation. Counsel indicated they remain in discussions in an attempt to narrow the issues.
10The 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 there were none.
MERIT HEARING
11A 12-day merit hearing is scheduled to proceed by video on Monday, July 15, 2024 at 10 a.m.
12Statutory parties and anyone seeking party or participant status 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:
https://meet.goto.com/680885805
Access code: 680-885-805
13Parties 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
14Persons 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 680-885-805.
15Individuals 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.
ORDER
16The directions in this Decision are so ordered.
“Jackie Denyes”
JACKIE DENYES
MEMBER
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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.