Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 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: July 24, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 1520866 Ontario Limited | Denise Baker |
| City of Hamilton | Patrick Macdonald |
| Penta Properties and Upper Centennial Developments Ltd. | Anna Toumanians, Scott Snider (in absentia) |
| 660439 Ontario Inc. | John Petropoulos* |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JULY 24, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the sixth Case Management Conference (“CMC”) for the above-noted matters. 1520866 Ontario Limited (“Appellant”) filed an Appeal against the City of Hamilton’s (“City”) failure to give notice of a decision for an Official Plan Amendment (“OPA”) pursuant to s. 17(40) and for a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) both of the Planning Act. The Subject Property is known municipally as 157 Upper Centennial Parkway (“Subject Property”).
2The Appellant proposes 95 townhouse dwelling units on a 1.87 hectare property at 157 Upper Centennial Parkway, in the City.
3The Tribunal previously set dates for the Parties to complete discussions to either a settlement or a disputed hearing.
BACKGROUND AND SCHEDULING OF A HEARING
4Denise Baker, Counsel for the Appellant, provided the background of the Application with the Tribunal. She advised there are continuing discussions with the City and is hopeful that all remaining issues can be resolved. She noted that the Parties provided a Draft Procedural Order (“DPO”) with Issues List (“IL”) and requested a one-day Settlement Hearing in October of 2024. Ms. Baker noted that Site Plan and Draft Plan of Subdivision Applications have also been submitted, which are currently separate from the OPA and ZBL. Therefore, if there is no settlement for these plans, then the second half of the one-day Settlement Hearing could proceed as a CMC for these two Applications. Patrick Macdonald, Counsel for the City, confirmed that a one-day Settlement Hearing was appropriate.
5Penta Properties and Upper Centennial Developments Ltd. and 660439 Ontario Inc. were previously added as Parties to this matter. Anna Toumanians, Counsel for Penta Properties and Upper Centennial Developments Ltd, confirmed the procedure moving forward was appropriate and that a Holding Provision was their clients only issue, which has been included. John Petropoulos, representative for 660439 Ontario Inc., advised their clients only concern was the elevation of 12 metres of the proposed development.
6The Tribunal found that it is reasonable to schedule a one-day Settlement Hearing. The Tribunal scheduled a one-day Settlement Hearing for Thursday, October 17, 2024, at 10 a.m. by Video Hearing. If the Site Plan and Plan of Subdivision Applications are not resolved, then the second half of the day will convert into a CMC for those two specific Applications.
DISPOSITION
7A one-day Settlement Hearing will be held on Thursday, October 17, 2024, at 10 a.m. by Video Hearing.
8Parties 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/519389173
Access Code: 519-389-173
9Persons 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.
10Parties 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.
11Individuals 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.
MEDIATION
12The Parties were advised of Tribunal-led mediation. The Tribunal encourages the Parties to continue discussions in an effort to resolve all of the issues in dispute.
ORDER
13THE TRIBUNAL ORDERS a one-day Settlement Hearing for Thursday, October 17, 2024, at 10 a.m.
14There will be no further notice for the OPA and ZBA, however, Notice will be required for the Site Plan and Plan of Subdivision Applications.
15This Member is not seized but may be contacted through the Case Coordinator for case management purposes.
“Eric S. Crowe”
Eric S. Crowe
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.