Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 18, 2024
CASE NO(S).: OLT-24-000663
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Zest (Town Square) Developments Inc. and Zest Communities Inc.
Subject: Application to amend the Zoning By-law – Refusal or failure to make a decision
Description: To permit a 2-storey commercial/office, multiple 4-6 storey residential buildings, and 1.5-3-storey townhouse units
Reference Number: ZAC-20-029
Property Address: 393 Rymal Road West
Municipality/UT: City of Hamilton
OLT Case No.: OLT-24-000663
OLT Lead Case No.: OLT-24-000663
OLT Case Name: Zest (Town Square) Developments Inc. and Zest Communities Inc. v. Hamilton (City)
Heard: September 6, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Zest (Town Square) Developments Inc. and Zest Communities Inc. | Isaiah Banach |
| City of Hamilton | Patrick McDonald |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON SEPTEMBER 6, 2024 AND THE ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) with respect to an Appeal by Zest (Town Square) Developments Inc. and Zest Communities Inc. (“Appellants”). The Appeal arises following a failure to make a decision by the City of Hamilton (“City”) on the Appellant’s Application concerning a Zoning By-law Amendment (“ZBA”) to permit the development of a two-storey commercial/office building, multiple four- to six-story residential buildings, and low rise townhomes at the property located southwest of the intersection of Rymal Road West and Westland Drive, referred to in the Appeal as “Village Square”.
SERVICE OF NOTICE OF CMC
2There was no issue with service of the Notice of this CMC. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
REQUESTS FOR STATUS
3The Tribunal did not receive any request for Party or Participant status in advance of the CMC. At the CMC, no requests were made by any individual or organization for Party or Participant status.
SECOND CASE MANAGEMENT CONFERENCE
4The Parties did not submit a draft Procedural Order and Issues List in advance of the CMC. The Parties are participating in a mediation assessment with the Tribunal and plan to engage in settlement discussions. In order to allow time for mediation and/or settlement discussions, a second CMC is scheduled to proceed by video on Friday, November 29, 2024, at 10 a.m.
5Parties and Participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
6Parties 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
7Persons 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) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is as indicated above.
8Individuals 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
9THE TRIBUNAL ORDERS that:
a. A second Case Management Conference shall proceed on Friday, November 29, 2024, at 10 a.m. by video.
b. If the Parties settle the Appeal in advance of the second Case Management Conference, they are to notify the Tribunal as soon as possible and the second Case Management Conference may be converted to a Settlement Hearing at the discretion of the Tribunal.
c. If the Parties do not achieve settlement in advance of the second Case Management Conference, a draft Procedural Order and Issues List shall be filed with the Tribunal five days in advance of the second Case Management Conference.
10There shall be no further notice.
11This member is not seized.
“Jennifer Gold”
JENNIFER GOLD 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.