On January 3, 2024 @ 9:45AM, I received the following email from Mr. James Van Rooi, Senior Planner (East Team), City of Hamilton, “This email is to let you know that we have a report recommending denial for the Official Plan Amendment and Zoning By-law Amendment applications at 1065 Paramount Drive which will be before the Planning Committee on January 16th. The notice of public meeting is expected to go out on January 9th to those who wrote in, those who are within the required notification distance and will be posted in the Hamilton Spectator.”
On the same day at 12:12PM, I received an email from Mr. John Ariens. Here is an exact quote from the email, “Just prior to the holiday break we met with Planning Staff and discussed the remaining planning issues regarding this development project. We thought that our 2nd submission had addressed all of the remaining technical and design issues and we were disappointed to learn that Planning Staff were still not supportive. Primarily due to concerns raised by the neighborhood rather than any technical concerns ( traffic, servicing, etc).. We subsequently met with our client and discussed the public concerns and issues and a decision was made to refer the matter to the OLT due to a non-decision. In all likelihood this is where the matter will ultimately end up anyway given the public opposition and hence our client made this decision. We hope that we can continue liaison with City Planners and that the Hearing can be scoped to deal with the outstanding issues only. I think we all agree that this is an ideal location for intensification and that only height and density are in debate.”
I advised Mr. Ariens that I cannot express how profoundly disappointed I am with their decision to appeal based on a non-decision. I recalled their commitment to hold two public meetings and see this process through to the planning committee hearing.
The irony is not lost on me that it has been 411 days since their application was filed. Only after being advised that city planners would recommend denial on January 16, 2024, (the city’s decision point) did the Planner file an appeal on behalf of his client to the Ontario Lands Tribunal for a “non-decision”, which could have been filed 120 days after their first application.
What does their decision mean to residents?
The decision to appeal to the OLT “for a non-decision” circumvents the legislated planning committee process whereby the city planners would present their recommendation, the applicant would respond, and residents would have an opportunity to provide comments both written and verbally. Under Ontario planning law, residents who participate in the planning committee hearing reserves their right to participate in any OLT appeal of the decision.
Request for a Non-statutory Public Meeting
Council approved a new policy setting out procedures for OLT appeals on February 28, 2018. This policy makes it possible to hold a non-statutory public meeting to give residents the opportunity to present their concerns about the impacts caused by the development whether negative or positive. At such a meeting, it is possible to hear from our planning staff and the rationale why they were going to recommend denial of the zoning change.
Based on this policy, I drafted a motion with assistance from city staff to request a non-statutory meeting. I asked Councillor JP Danko to sponsor my motion at the planning committee. I am pleased to report that my motion passed unanimously at committee on January 16, 2024. This recommendation from the planning committee will be on the agenda for ratification at Council on January 24, 2024.
I have been advised that the non-statutory public meeting regarding the proposed application for 1065 Paramount Drive will be held by the planning committee at Hamilton city hall on February 6, 2024. At Council, I will also be asking my colleagues to direct planning staff to release their report to the public to give residents an opportunity to review their assessment and recommendations.
At Council, I will also be asking my colleagues to direct planning staff to release their report to the public to give residents an opportunity to review their assessment and recommendations.
MOTION: Request for a Non-statutory Public Meeting for 1065 Paramount Drive
Whereas Urban Hamilton Official Plan Amendment Application UHOPA-23-005 and Zoning By-law Amendment Application ZAC-23-006 for Lands Located at 1065 Paramount Drive, Stoney Creek were received on November 18, 2022 and were deemed to be complete on December 13, 2022;
And whereas an appeal of these applications by the proponent for non-decision was received by the City Clerk’s Office on January 3, 2024, 411 days after the receipt of the applications;
And whereas the City of Hamilton adopted Council’s Procedures for Appeals on February 28, 2018;
(i) Where an appellant has agreed to postpone the scheduling of any hearing event until such time as Planning Committee has had an opportunity to consider the matter and that agreement has been communicated to the Ontario Municipal Board or its successor, that Planning staff be directed to process those matters accordingly and bring those matters to Planning Committee at a non-statutory public meeting for consideration and for direction to be given to the City Solicitor;
(ii) Where an appellant does not agree as described in (i), that Planning and Legal Services be directed to report back on the specific matter for further instructions or direction;
(iii) That the City Solicitor be instructed to oppose these appeals until such time as further instruction is given on any specific appeal.
Now therefore it be resolved: That staff be directed to schedule a non-statutory public meeting and give notice in accordance with the notice requirements of the Planning Act for Urban Hamilton Official Plan Amendment Application UHOPA-23-005 and Zoning By-law Amendment Application ZAC-23-006 for Lands Located at 1065 Paramount Drive, Stoney Creek.
Brad Clark Report 