Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 08, 2023
CASE NO(S).: OLT-22-004878
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Muskoka Environmental Alliance Inc.
Applicant: Fowler Construction Company Limited
Subject: Zoning By-law Amendment
Description: To permit an expansion of the Childs Pit/Quarry operation
Reference Number: D14-10/20
Property Address: 1255 Bonnie Lake Road
Municipality/Upper Tier: Town of Bracebridge/District of Muskoka
OLT Case No.: OLT-22-004878
OLT Lead Case No.: OLT-22-004878
OLT Case Name: Muskoka Environmental Alliance Inc. v. Bracebridge (Town)
Heard: April 28, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative
Town of Bracebridge Muskoka Environmental Alliance Inc. Fowler Construction Company Ltd.
H.G. Elston D. Donnelly M. Gill (Articling Student) K. Mullin B. Artus (Articling Student)
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST AND G.C.P. BISHOP ON APRIL 28, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. The Muskoka Environmental Alliance Inc. (“MEA”) has filed an appeal of Zoning By-law Amendment 2022-082 (“ZBA”) passed by the Town of Bracebridge (“Town”) on October 12, 2022.
2The effect of the ZBA is to permit an expansion of the Childs Pit/Quarry operation located at 1255 Bonnie Lake Road (“Subject Lands”).
3Fowler Construction Company Ltd. (“Fowler”) is the owner of the lands. The proposed ZBA would rezone the lands covered by a proposed licence area that includes an additional area of approximately 163.1 hectares (403 acres) and would permit an additional extraction area of approximately 143.2 hectares (353.8 acres). It should be noted that a referral of the application for an aggregate license, under subsection 11(5) of the ARA, to the Tribunal was still pending at the time of this CMC.
4The Subject Lands are part of land holdings which contain an existing quarry license area of approximately 234.7 hectares (579.6 acres) and is permitted to extract an area of approximately 202 hectares (499 acres).
5The ZBA proposes to amend the Town’s Comprehensive Zoning By-law 2016-088 (“ZBL”) by changing the zoning of the subject lands from the present zones of Extractive Industrial Quarry Special-1 (M3Q-1) zone, in part and Environmental Protection Wetlands One (EPW1) zone, in part to Extractive Industrial Quarry Special-2 (M3Q-2) zone.
6The proposed Extractive Industrial Quarry Special-2 (M3Q-2) zone would permit all those uses in the Extractive Industrial Quarry (M3Q) zone and would permit a minimum setback for buildings, plants, and product stockpiles of 0.0 metres (0 feet) along the common lot line boundary of an adjacent licensed Pit/Quarry. The proposed Extractive Industrial Quarry Special-2 (M3Q-2) zone would also require an increased front yard setback of 60 metres for buildings, plants, and product stockpiles. All other applicable provisions of the Extractive Industrial Quarry (M3Q) zone would continue to apply with respect to the lands located within the Extractive Industrial Quarry Special – 2 (M3Q-2) zone.
7The Affidavit of Service of Tracy Slavin-Sopkowe sworn on March 21, 2023 is marked as Exhibit 1.
8There have been no requests for Party or Participant status.
9Ms. Mullin, Counsel for Fowler, advised the Tribunal that, in addition to this appeal, there will be an appeal forthcoming under the ARA, as stated in paragraph 3 above.
10Ms. Mullin advised that that the two Appeals should be consolidated. Mr. Elston, Counsel for the Town, and Mr. Donnelly, Counsel for MEA, agreed with the consolidation of the appeals once the referral of the ARA matter arrives at the Tribunal.
11Ms. Mullin agreed to provide an update and a determination of notice for the ARA appeal to the Case Coordinator via email no later than Friday, July 14, 2023.
12Accordingly, a second CMC is scheduled to proceed by Video Hearing on Friday, August 25, 2023.
13Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
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.
15Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated in paragraph 13 above.
16Individuals 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
THE TRIBUNAL ORDERS THAT:
17A second CMC is scheduled to proceed by video hearing on Friday, August 25, 2023 at 10:00 a.m.
18Ms. Mullin, Counsel for Fowler, will notify the Tribunal and other Parties, by no later than Friday, July 14, 2023, regarding the status of the referral of the ARA application to the Tribunal.
19The Members are not seized but may be spoken to through the Case Coordinator if there are any issues with respect to the implementation of these Orders.
20No further notice is required for this appeal, but the Parties and the Tribunal are aware that proper notice will be required to accommodate the referral of the ARA matter so that the two events may be heard concurrently at the time and coordinates specified above in paragraph 13 and/or paragraph 15.
“W. Daniel Best”
W. DANIEL Best MEMBER
“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.