Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 24, 2024
CASE NO(S).:
OLT-22-002820 (Formerly PL171184 and PL101121)
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Parkside Hills Inc. (Country Green Homes Inc.)
Subject:
Conditions of approval of draft plan of subdivision – Phases 2B & 2C
Property Address/Description:
609 & 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive
Municipality:
City of Hamilton
Municipal File No.:
25T-201003
OLT Case No.:
OLT-22-002820
Legacy Case No.:
PL171184
OLT Lead Case No.:
OLT-22-002820
Legacy Lead Case No.:
PL171184
OLT Case Name:
Parkside Hills Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Parkside Hills Inc. (Country Green Homes Inc.)
Subject:
Conditions of approval of draft plan of subdivision – Phases 2B & 2C
Property Address/Description:
609 & 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive
Municipality:
City of Hamilton
Municipal File No.:
25T-201003
OLT Case No.:
OLT-22-002821
Legacy Case No.:
PL171185
OLT Lead Case No.:
OLT-22-002820
Legacy Lead Case No.:
PL171184
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by:
Parkside Hills Inc. (Country Green Homes Inc.)
Subject:
Site Plan
Property Address/Description:
609 & 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive
Municipality:
City of Hamilton
OLT Case No.:
OLT-22-002822
Legacy Case No.:
PL171186
OLT Lead Case No.:
OLT-22-002820
Legacy Lead Case No.:
PL171184
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by:
Parkside Hills Inc.
Subject:
Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision
Purpose:
To permit a proposed plan of subdivision
Property Address/Description:
Part of Lot 8, Concession 4, municipally known as 619 Centre Road
Municipality:
City of Hamilton
Municipality File No.:
25T-201003
Legacy Case No.:
PL101121
Legacy Lead Case No.:
PL101121
Heard:
June 26, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Parkside Hills Inc.
Mark de Jong Scott Snider (in absentia) Anna Toumanians (in absentia)
City of Hamilton
Patrick MacDonald
MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown and G. Ross ON June 26, 2024 ANd order of the Tribunal
1The Tribunal convened a Case Management Conference (“CMC”) in respect to appeals filed by Parkside Hills Inc. (the “Appellant”) pursuant to s. 51(34), 51(43), and 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) with respect to conditions of approval of a Draft Plan of Subdivision (“DPS”) previously approved by the former Ontario Municipal Board and the referral of a related Application for Site Plan Approval (“SPA”).
2The lands that are the subject of the Appeals are located on the west side of Hamilton Street North/Centre Road northwest of Parkside Drive in the community of Waterdown in the City of Hamilton (“City”). The SPA details a proposal to develop the lands for residential purposes. At issue in the Appeals of the DPS and the Conditions of Draft Approval of the DPS is the valuation of lands to be conveyed to the City for stormwater management (“SWM”) purposes. A SWM facility is proposed within the DPS which will service the Appellant’s lands and other lands in the community of Waterdown.
3Counsel requested the Tribunal to schedule a Hearing of the Merits of the Appeals for early 2025. A Procedural Order (“PO”) is to be filed with the Tribunal once the Hearing dates have been confirmed. The Parties confirmed that they are in agreement with the issues to be adjudicated and Counsel advised that they intend to call experts in the fields of property valuation / real estate appraisal and land use planning.
4Counsel further advised that they are in agreement that this matter may benefit from Tribunal-led mediation. The Tribunal encouraged the Parties to pursue meditation and advised that, for information with respect to Tribunal-led mediation process, Counsel should contact the Tribunal Case Coordinator for this matter.
5The Tribunal scheduled a four-day hearing for the consideration of the Merits of the Appeals to commence on Tuesday, January 28, 2025, at 10 a.m. until Friday, January 31, 2025 by Video Hearing.
6Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
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 GoTo Meeting 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) 1-888-455-1389 or +1 (647) 497-9391. 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 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.
10Subsequent to the CMC and prior to the issuance of the decision arising from the CMC, the Parties provided, on consent, a PO which the is attached as Schedule 1 to this Order and the PO shall govern the procedures leading up to and including the Hearing.
11THE TRIBUNAL ORDERS the directions contained in this decision.
“David Brown”
DAVID BROWN
MEMBER
“G. Ross”
G. ROSS
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.
SCHEDULE 1