Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 28, 2023
CASE NO(S).: OLT-22-002969 (Formerly PL180898)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Langmaid’s Island Corporation
Subject: Request to amend the Official Plan - Failure of the Township of Lake of Bays to adopt the requested amendment
Existing Designation: Waterfront (and identified as ‘Muskoka Heritage Area’)
Proposed Designation: Waterfront (and identified as ‘Muskoka Heritage Area’)
Purpose: To clarify and refine policy relating to the Langmaid’s Island Muskoka Heritage Area, to establish site specific policy for the development of 36 lots for residential uses and to provide for the protection of conservation blocks
Property Address/Description: Big Langmaid’s Island & Little Langmaid’s Island
Municipality: Township of Lake of Bays
Approval Authority File No.: OPA 01/18 LOB
OLT Case No.: OLT-22-002969
Legacy Case No.: PL180898
OLT Lead Case No.: OLT-22-002969
Legacy Lead Case No.: PL180898
OLT Case Name: Langmaid’s Island Corporation v. Lake of Bays (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Langmaid’s Island Corporation
Subject: Application to amend Development Permit By-law No. 04-180 - Neglect of the Township of the Lake of Bays to make a decision
Existing Zoning: Waterfront Residential (with ‘Heritage Site’ overlay)
Proposed Zoning: Waterfront Residential with an Exception (WR-E__), Waterfront Environmental Protection with an Exception (WEP) and Waterfront Environmental Protection (WEP)
Purpose: To establish site specific development provisions for the proposed 36 lots for residential uses and to provide for the protection of conservation blocks
Property Address/Description: Big Langmaid’s Island & Little Langmaid’s Island
Municipality: Township of Lake of Bays
Municipality File No.: Z 01/18 LOB
OLT Case No.: OLT-22-002970
Legacy Case No.: PL180899
OLT Lead Case No.: OLT-22-002969
Legacy Lead Case No.: PL180898
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Langmaid’s Island Corporation
Subject: Proposed Plan of Subdivision - Failure of the District of Muskoka to make a decision
Purpose: To permit a development of 36 lots for residential uses with site specific development provisions and to provide for the protection of conservation blocks
Property Address/Description: Big Langmaid’s Island & Little Langmaid’s Island
Municipality: Town of Huntsville and Township of Lake of Bays
Municipality File No.: S2018-1
OLT Case No.: OLT-22-002976
Legacy Case No.: PL180916
OLT Lead Case No.: OLT-22-002969
Legacy Lead Case No.: PL180898
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Langmaid’s Island Corporation
Subject: Application to amend Zoning By-law No. 2008-66P - Neglect of the Town of Huntsville to make a decision
Existing Zoning: Shoreline Commercial One
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a waterfront landing to access Langmaid Island
Property Address/Description: 4215 South Portage Road
Municipality: Town of Huntsville
Municipality File No.: Z/12/2018/HTE
OLT Case No.: OLT-22-002974
Legacy Case No.: PL180912
OLT Lead Case No.: OLT-22-002969
Legacy Lead Case No.: PL180898
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Langmaid’s Island Corporation
Subject: Application to amend Zoning By-law No. 2008-66P - Neglect of the Town of Huntsville to make a decision
Existing Zoning: Residential (R1) Zone
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a waterfront landing to access Langmaid Island
Property Address/Description: 3933 South Portage Road
Municipality: Town of Huntsville
Municipality File No.: Z/11/2018/HTE
OLT Case No.: OLT-22-002972
Legacy Case No.: PL180911
OLT Lead Case No.: OLT-22-002969
Legacy Lead Case No.: PL180898
Heard: January 24, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Langmaid’s Island Corporation (“Applicant”)
M. Flowers A. Margaritis
District Municipality of Muskoka
J. Clow
Township of Lake of Bays
J. Ewart
Town of Huntsville
J. Ewart
The Lake of Bays Association
H. Elston (in absentia) C. Emmett
The Lake of Bays Heritage Foundation
H. Elston (in absentia) C. Emmett
Kelly Zytaruk
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP ON JANUARY 24, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened the second Case Management Conference (“CMC”), held by Video Hearing (“VH”) to finalize the Issues List (“IL”) and Procedural Order (“PO”) and set dates for the Phase 2 hearing of the merits in this matter.
2The District of Muskoka is the approval authority for plans of subdivision and the Proposed Conditions of Draft Plan of Subdivision Approval (“draft conditions”). The IL presented to the Tribunal was not on consent of all parties. The issues presented by the Applicant, the Township of Lake of Bays, the Town of Huntsville and the District of Muskoka were accepted by all parties (Issues 1 to 13 inclusive).
3Issues 14 through 17, inclusive, are the issues as presented by the Lake of Bays Association and the Lake of Bays Heritage Foundation. All parties accept Issues 16 and 17 but the Applicant disputes Issues 14 and 15. These 2 issues tie the number of potential Island Lots to the capacity on the mainland parking areas to support these proposed lot numbers. The Tribunal gave clarification to its direction from the Phase I Decision. The Tribunal heard from all Parties but does find this an attempt to re-argue the planning instruments already approved by the Tribunal in Phase I. Issues 14 and 15 are removed from the IL.
4Kelly Zytaruk presented the Tribunal with 4 Issues that included many sub-issues all of which are formed as questions and not land use planning issues worthy of adjudication. There is very little substance or form in which to properly formulate an issue, as presented. After hearing from all parties, the Tribunal asked that Mr. Ewart spend some time with Mr. Zytaruk as most of the concerns, within the questions, fell within the issues presented by the Applicant in their Issues 4 and 6.
5Upon return, Mr. Zytaruk is satisfied that his concerns will be flushed out through the presentation of evidence on Issues 4 and 6. The Tribunal removed all of Mr. Zytaruk’s issues from the IL.
6With the IL finalized, the Tribunal set the Phase II hearing to commence on Monday, June 5, 2023 at 10:00 a.m. for 7 days by Video Hearing.
7Parties 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.
8The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/348282861
Access Code: 348-282-861
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 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
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 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
12The Parties were to work together to finalize the P.O. and supply same to the Tribunal. Following the CMC, the Tribunal received, reviewed and approved the revised PO and IL and is appended as Attachment 1 to this Decision.
13This Member is seized.
14So Orders the Tribunal.
“G.C.P. Bishop”
g.c.p. bishop
ALTERNATE-CHAIR
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.
ATTACHMENT 1