Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 24, 2025
CASE NO(S).: OLT-24-000879
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Paradise Fields
Subject: Proposed Official Plan Amendment No. 218
Description: To permit changes to the Urban Hamilton Official Plan, Rural Hamilton Official Plan and City of Hamilton Zoning By-law to maintain clear implementation of plans and policies.
Reference Number: OPA 218
Property Address: City-Wide
Municipality/UT: Hamilton
OLT Case No.: OLT-24-000879
OLT Lead Case No.: OLT-24-000879
OLT Case Name: Paradise Fields v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Paradise Fields
Subject: By-Law No. 24-137
Description: To permit changes to the Urban Hamilton Official Plan, Rural Hamilton Official Plan and City of Hamilton Zoning By-law to maintain clear implementation of plans and policies.
Reference Number: OPA 218
Property Address: City-Wide
Municipality/UT: Hamilton
OLT Case No.: OLT-24-000880
OLT Lead Case No.: OLT-24-000879
OLT Case Name: Paradise Fields v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Paradise Fields
Subject: Proposed Official Plan Amendment No. 41
Description: To permit changes to the Urban Hamilton Official Plan, Rural Hamilton Official Plan and City of Hamilton Zoning By-law to maintain clear implementation of plans and policies.
Reference Number: OPA 41
Property Address: City-Wide
Municipality/UT: Hamilton
OLT Case No.: OLT-24-000881
OLT Lead Case No.: OLT-24-000879
OLT Case Name: Paradise Fields v. Hamilton (City)
Heard: January 17, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Paradise Fields
Russell Cheeseman
Stephanie Fleming
City of Hamilton
Patrick MacDonald
Melanie Benedict
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON JANUARY 17, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was scheduled as a first Case Management Conference (“CMC”) relating to appeals pursuant to s. 17(24) and 34(19) of the Planning Act as the result of the City of Hamilton (“City”) approval of two City-initiated Official Plan Amendments (“OPA 218” and “OPA 41”) and a Zoning By-law Amendment No. 24-137 (“ZBLA”) (together the “Appeals”). The Appeals were submitted by Paradise Fields (“Appellant”) and are related to the municipal address known as 3355 Golf Club Road (“Subject Property”).
2The Tribunal was in receipt of an Affidavit, signed by Lisa Kelsey (City Representative), on November 25, 2024, providing Notice of this CMC Hearing, and is marked as Exhibit 1.
3The Tribunal noted that there were no other status requests related to Appeals and that Andrew Everton (Land Use Planner) was present to observe the CMC on behalf of the Whitechurch Landowners Group Inc.
4OPA 218 is intended to provide more detailed planning policy aligning with the Urban Hamilton Official Plan, and OPA 41 relates to the Rural Hamilton Official Plan, both of which the City considers “Housekeeping Amendments” and “Strategic Updates.” They also change the definition of “Agritourism” to restrict Farm Labour Residences as forming part of such a land use, requiring the Appellant to seek a Minor Variance Application (“MVA”) seeking permission for this land use as an Accessory Use to a principal Agricultural use.
5The City-approved ZBLA revises the City’s Zoning By-law No. 05-200, which is intended to:
Correct typographical errors;
Update terminology for consistency;
Amend and add certain special exceptions and holding provisions;
Update certain definitions; and,
Improve policy alignment.
6The Appellant has previously received approval from the City for a Site Specific Official Plan Amendment and Zoning By-law Amendment designating the Subject Property as an Agritourism Facility (“AF”) and has since submitted a MVA with the City, requesting permission for Farm Labour Residences, including the accessory use of ten (10) rooms in the lower level of the AF.
7Counsel for the Appellants submitted there was consent at the CMC, along with written correspondence that followed on the same date from the Appellants, that the appeals related to OPA 218 and OPA 41 (OLT-24-000879 and OLT-24-000881) are formally withdrawn, respectively. Counsel also requested that the appeal relating to the ZBLA should continue, requesting that a further CMC be scheduled within approximately three months at the discretion of the Tribunal.
8The Tribunal provided direction that both of these requests were appropriate at this time and accepted the withdrawal noted in paragraph [7] and has scheduled a further CMC related to the ZBLA to commence on Friday, April 25, 2025, at 10 a.m., by Video Hearing.
9Parties 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/687587165
Access Code: 687-587-165
10Parties 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
11Persons 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.
12Individuals 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 CMC 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.
13It was noted that a separate Minor Variance appeal (OLT-24-000599) related to the Subject Property is also currently before the Tribunal, and the Parties advised that there were ongoing settlement discussions that could resolve any and all outstanding matters related to the Subject Property. The Parties undertook to advise both Case Coordinators regarding any additional progress and details relating to the Tribunal’s hearing schedule related to the two separate appeals.
ORDER
14THE TRIBUNAL ORDERS that:
a) The appeals related to Official Plan Amendment 218 and Official Plan Amendment 41 (OLT-24-000879 and OLT-24-000881) are hereby withdrawn, and both file numbers are therefore closed;
b) The date and particulars of the further Case Management Conference relating to the appeal of Zoning By-law No. 24-137 (OLT-24-000880) is hereby confirmed; and,
c) All other directions in this Decision are so ordered.
15The Member is not seized on this matter.
16There will be no further notice.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.