Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 12, 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/Appellant: Langmaid’s Island Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks
Reference Number: OPA 01/18 LOB
Property Address: Big Langmaid’s Island & Little Langmaid’s Island
Municipality/UT: Lake of Bays/Muskoka
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
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks
Reference Number: Z 01/18 LOB
Property Address: Big Langmaid’s Island & Little Langmaid’s Island
Municipality/UT: Lake of Bays/Muskoka
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 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks
Reference Number: Z/11/2018/the
Property Address: 3393 South Portage Road
Municipality/UT: Huntsville/Muskoka
OLT Case No.: OLT-22-002972
Legacy Case No.: PL180911
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
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks
Reference Number: Z/12/2018/HTE
Property Address: 4215 South Portage Road
Municipality/UT: Huntsville/Muskoka
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 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks
Reference Number: S2018-1
Property Address: Big Langmaid’s Island & Little Langmaid’s Island
Municipality/UT: Huntsville/Muskoka
OLT Case No.: OLT-22-002976
Legacy Case No.: PL180916
OLT Lead Case No.: OLT-22-002969
Legacy Lead Case No.: PL180898
Heard: December 13, 2022 by telephone conference call
APPEARANCES:
Parties
Counsel
Langmaid’s Island Corporation
M. Flowers
District Municipality of Muskoka
A. Margaritis 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 DECEMBER 13, 2022 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”), held by Telephone Conference Call (“TCC”) to set direction for the Phase 2 hearing of the merits in this matter. Langmaid’s Island Corporation (the “Applicant”) has appealed:
a. in the Township of Lake of Bays (“Lake of Bays”) – an Official Plan Amendment (“OPA”) pursuant to s. 22 (7) of the Planning Act (“the Act”), with the District of Muskoka (“Muskoka”) as approval authority, and a Development Permit By-law Amendment pursuant to s. 34 (11) of the Act;
b. in the District of Muskoka as approval authority – a draft Plan of Subdivision (“PofS”) pursuant to s. 51 (34) of the Act; and
c. in the Town of Huntsville (“Town”) – two Zoning By-law Amendments pursuant to s. 34 (11) of the Act.
2The proposal would permit the development of a 32-lot draft PofS on Langmaid’s Island (the “Island”) in Lake of Bays. The proposed development includes: water access; four conservation blocks; and two water access points from the mainland located in the Town at 4215 South Portage Road and 3933 South Portage Road. The use of the dwellings would be seasonal.
3The first Phase merit hearing dealt with 4 of the 5 planning instruments under appeal, leaving the appeal to the proposed Plan of Subdivision, pursuant to s. 51(34) of the Act, to this second Phase of the merit hearing. The merit hearing on Phase 1 saw the approval, in part, and Orders issued for:
a. in Lake of Bays, an OPA pursuant to s. 22 (7) of the Act;
b. in the Town, two Zoning By-law Amendments pursuant to s. 34 (11) of the Act.
4The Order was withheld on the Development Permit By-law Amendment pursuant to s. 34 (11) of the Act, pending modifications, as directed in the Tribunal’s Decision dated September 12, 2022. The Orders listed above in paragraph 3 are also listed in this previous Decision.
5There are seven parties of record in this remaining matter, and all are represented in these proceedings, with the exception of Kelly Kztaruk, who is self represented. There are a number of interested participants who provided Participant Statements in Phase 1, none of whom attended this TCC. Muskoka did not participate in the Phase 1 merit hearing but is attending this Phase 2 portion of these appeals; all of which was on consent of the Parties.
6This TCC was initially scheduled as a Video Hearing, to work through the draft Procedural Order (“PO”) and Issues List, (“IL”) but the Proposed Conditions of Draft Plan of Subdivision Approval (“draft conditions”) were not available to the Tribunal nor the Parties within a reasonable timeframe. The Tribunal member received a copy of the draft conditions the morning of this TCC, thus not giving any of the parties nor the Tribunal any time to consume the contents and turn our collective minds to the formulation of a proper IL.
7On consent of the Parties, the exchange of the issues list will take place no later than Tuesday, January 10, 2023.
8Whether the IL is resolved or not, a draft PO and IL will be circulated to the Parties and the Tribunal no later than Friday, January 20, 2023, and will be reviewed at the next CMC.
9The Tribunal directed the Applicant to work on the site plans for the two water access points. Although there are no site plan applications in front of the Tribunal, this will assist both the Tribunal and the Parties in understanding the capacity of servicing of the proposed draft PofS, located on Langmaid’s Island.
HEARING
10Upon request of the parties, the Tribunal set a second CMC for the Phase 2 hearing commencing on Tuesday, January 24, 2023 at 10:00 a.m. by VH. No further Notice is required.
11Parties 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.
12The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/519389173
Access Code: 519 389 173
13Persons 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.
14Parties 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
15Individuals 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
16The Tribunal Orders that:
i. The date and particulars of the second CMC are set out above.
ii. The exchange of Issues List will take place no later than Tuesday, January 10, 2023.
iii. The draft PO and Issues List will be supplied to all parties and the Tribunal no later than Friday, January 20, 2023.
“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.