Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 07, 2021
CASE NO(S).: OLT21-001085
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mario Roque
Subject: Request to amend the Official Plan - Failure of City of Toronto to adopt the requested amendment
Existing Designation: Agriculture
Proposed Designated: Agriculture
Purpose: To permit a 2-storey Agri-tourism Facility
Property Address/Description: 3355 Golf Club Road
Municipality: City of Hamilton
Approval Authority File No.: RHOPA-19-007
OLT Case No.: OLT-21-001085
OLT File No.: OLT-21-001085
OLT Case Name: Roque v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mario Roque
Subject: Application to amend Zoning By-law No. 05-200 - Refusal or neglect of City of Hamilton to make a decision
Existing Zoning: Agriculture (A1), Conservation/Hazard Land (P7), and Conservation/Hazard Land (P8)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a 2-storey Agri-tourism Facility
Property Address/Description: 3355 Golf Club Road
Municipality: City of Hamilton
Approval Authority File No.: ZAC-19-028
OLT Case No.: OLT-21-001085
OLT File No.: OLT-21-001086
Heard: November 26, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Mario Roque
Russell Cheeseman
City of Hamilton
Patrick MacDonald
MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON NOVEMBER 26, 2021 AND ORDER OF THE TRIBUNAL
1Mario Roque (“Appellant”) proposes to construct a 2-storey “Agri-tourism Facility” comprised of a 25-room bed and breakfast with a clinic and educational facility at 3355 Golf Club Road, City of Hamilton (“Subject Property”). To facilitate its proposed development, the Appellant applied to the City of Hamilton (“City”) for an Official Plan amendment and a Zoning By-law amendment. The City failed to make a decision on the Appellant’s applications within the time period specified in the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) and the Appellant appealed to the Tribunal pursuant to s. 22(7) and s. 34(11) of the Act (“Appeal”).
2The Tribunal held its first Case Management Conference (“CMC”) to address requests for Participant status, identify issues to be addressed at the hearing, review the draft Procedural Order, discuss opportunities for settlement discussions or Tribunal-led mediation, and set hearing dates and a date for a second CMC.
Service of Notice of CMC
3There was no issue with service of the Notice of this CMC, and as such, no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Participant Status
4The Tribunal received requests for Participant Status from: (1) Andrea Power; (2) Dale Phillips; and (3) Troy Smillie.
5The Participants are neighbours of the Subject Property and raise the following concerns: protection of habitat for local species; protection of greenbelt; increased commercial traffic; and light pollution. None of the Parties objected to these requests for Participant Status. Accordingly, the Tribunal granted Participant Status to all 3 requests.
Issues, Procedural Order and Hearing Dates
6In advance of the CMC, the Appellant provided the Tribunal with a draft Procedural Order and noted that the City had not produced an Issues List to be considered by the Tribunal.
7The Appellant noted that the City has not established which issues will be adjudicated at the hearing despite the Appellant’s filing of the Appeal in May 2021. The Appellant expressed concern that the City’s delay in identifying its issues will further delay the setting of hearing dates.
8The City advised the Tribunal that it expects to receive instructions from Council following the Council Meeting scheduled for January 11, 2022. However, the City did note that this item could be pushed to the Council Meeting scheduled for February 1, 2022.
9Both Parties requested that a second CMC be scheduled for February 2022 or March 2022 where a draft Procedural Order and Issues List would be presented to the Tribunal for approval.
10The Tribunal explained that it is usual practice for the Parties to have reviewed and discussed a draft Procedural Order and Issues List prior to attending a first CMC. This exercise provides insight into the number of witnesses that Parties will call, and the appropriate length of hearing required.
11The Tribunal understands that the Appellant is anxious to set hearing dates and as such, canvassed the Parties as to the number of witnesses and experts each intended to call at the hearing. After standing down to allow the City an opportunity to assess its needs, the City indicated that they intended to call 6 or 7 witnesses and requested the Tribunal schedule a hearing for 3 weeks. The Appellant indicated that they would also likely call 6 or 7 witnesses and agreed that a 3-week hearing is reasonable. Both Parties noted that at the second CMC they may be able to scope the number of witnesses and consequently the number of hearing days once they have a better understanding of the City’s issues.
12Based on the discussion during the CMC regarding the expected number of witnesses, the Tribunal determined that it would be reasonable to schedule the hearing for 3 weeks. The Tribunal also agreed that a second CMC is required in these circumstances to allow the Parties to address issues that are identified in the City Council meeting, finalize a Procedural Order and possibly scope the number of hearing days required. Counsel for the Appellant was tasked with circulating the draft Procedural Order to the Parties and filing the draft Procedural Order with attached Issues List with the Tribunal in advance of the second CMC.
Mediation and Settlement
13The Tribunal encouraged the Parties to engage in settlement discussions and to request Tribunal-led mediation if that could be of assistance.
ORDER
14The Tribunal orders that Andrea Power, Dale Phillips and Troy Smillie are granted Participant Status in these proceedings.
15The Tribunal orders that a second Case Management Conference in this matter will be held by video hearing on Tuesday, March 8, 2022 commencing at 10 a.m.:
GoTo Meeting: https://global.gotomeeting.com/join/344779885
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 344-779-885
16Prior to the second Case Management Conference, the Appellant shall file a completed draft Procedural Order with Issues List on consent for consideration by the Tribunal.
17The Tribunal orders that the hearing in this matter will be held by video hearing on Monday, September 26, 2022 commencing at 10 a.m. The Tribunal will not sit on Monday, October 10, 2022. Fourteen days have been set aside.
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391
Access Code: 927-921-077
18Parties and Participants are asked to log into the CMC and hearing at least 15 minutes before the start of the event to test their video and audio connections.
19Parties and Participants are asked to set up the video hearing application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
20Persons 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. The Access Code is as indicated above.
21Individuals are directed to connect to the events on the assigned dates at the correct time. It is the responsibility of the persons participating in the CMC and hearing by video to ensure that they are properly connected to the events at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
22There will be no further notice.
23This Member is not seized.
“C. Hardy”
C. hardy
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.