Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2023 CASE NO(S).: OLT-23-000346
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2374868 Ontario Ltd. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the lands to be used for the transfer, storage and processing of soil and aggregate materials from vacuum trucks for the purposes of rehabilitation Reference Number: D14/ONT Property Address: 6678 Wellington Rd. 34; Concession 3 Front Part Lot 8 Municipality/UT: Puslinch/Wellington OLT Case No.: OLT-23-000346 OLT Lead Case No.: OLT-23-000346 OLT Case Name: 2374868 Ontario Ltd. v. Puslinch (Township)
Heard: August 10, 2023 by video hearing
APPEARANCES:
Parties 2374868 Ontario Ltd. (“Applicant/Appellant”)
Counsel Jonathan Kahn, Brittiny Rabinovitch
Parties Township of Puslinch (“Township”)
Counsel Kevin Thompson
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES AND SHARYN VINCENT ON AUGUST 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of an appeal by 2374868 Ontario Ltd. (“the Applicant/Appellant”) from the refusal or neglect of the Township of Puslinch (“Township”) of an application for a zoning by-law amendment (“ZBA”) for the property located at 6678 Wellington Road 34, Concession 3, Front Part Lot 8 (“Subject Property”) in the Township of Puslinch (“Subject Property”), pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c.13, as amended. The purpose and effect of the application is to amend Zoning By-law No. 23-2018 to permit the lands to be used for the transfer, storage and processing of soil and aggregate materials from vacuum trucks for the purpose of rehabilitation.
2The application also seeks to include an amendment to the definition of aggregate processing facility to read as follows: any premises used to process, crush, screen, wash, store/stockpile, and/or sort such aggregate, soil and top soil materials and includes an asphalt plant, a concrete batching plant, cement manufacturing plant, a brick and tile manufacturing plant, an aggregate transfer station, the stockpiling/blending of recycled aggregate, and a vacuum operation to transfer, store and process materials from other sites, and the storage of vehicles involved in the vacuum truck operation.
[emphasis added]
3The Affidavit of Service, attesting to proper notice having been given, was filed as Exhibit 1.
4The Tribunal advised the Parties that they had reviewed the Municipal Record, all Staff Reports and documents filed with the Tribunal.
5The Tribunal, given that this subject property has been described as a long-standing use in the appeal materials, inquired as to why this matter is now the subject of an approval process, the appeal of which is now to be determined by the Tribunal.
6Counsel for the Applicant/Appellant advised that this ZBA arises due to a licensing policy change by the Ministry of Natural Resources and Forestry that came into effect “a year ago” that requires “gravel pits” to get a new Environmental Protection Act approval, an ECA, and the onus is now on the Applicant/Appellant to establish under the current rehabilitation plan, that the former use of this site is still permitted.
7The ZBA seeks to amend the Comprehensive Zoning By-Law 23-2018 to rezone a portion of the lands from EXI (sp63) to EXI (spXX) to permit the lands to be used for the transfer, storage and processing of soil and aggregate materials from vacuum trucks for the purposes of rehabilitation.
STATUS REQUESTS
8The Tribunal received three Participant Status Requests from nearby residents listed as follows:
- Robert McCrindle
- Alison McCrindle
- Barb Hagey
All three cited common concerns regarding but not limited to: impacts on groundwater and contamination of the food chain through well contamination, health risks due to potential toxins of accelerators and antioxidants in the degradation products thought to be attributed to dust, truck traffic and dirty roads.
9The Tribunal deferred consideration of the three Participant Status Requests at this time due to the fact that neither Counsel had received the Participant Status Request from Barb Hagey as it was filed with the Tribunal on August 9, 2023, and therefore requested time to review same.
MEDIATION
10At this time, the Tribunal has withheld the offer of Tribunal-led mediation pending the outcome of the discussions between the Parties to identify the issues. Once determined, the Tribunal will introduce the possibility of mediation should this matter move to a Hearing of the merits.
PROCEDURAL ORDER, ISSUES LIST and HEARING
11A draft Procedural Order (“PO”) was filed with the Tribunal in advance of the CMC.
12No Issues List was filed with the Tribunal by the Parties.
13The Parties indicated by way of oral submissions that the Issues List had been exchanged between the Parties and contained “28 Issues” as currently constituted, which with further discussion, could possibly be scoped.
14The Parties enumerated the disciplines of the expected witnesses in support of the requested 15-day Hearing by advising the Tribunal each Party intended to call six to seven expert witnesses in the areas of Planning, Civil Engineering, Hydrogeology, Ecology, Acoustic Engineering and Source Water Protection.
15Based on the information heard and the number of expert witnesses anticipated to appear, the Tribunal suggested that a further CMC be held to refine the issues before setting a 15-day Merit Hearing.
16Counsel for the Appellant/Applicant was given direction to prepare an Issues List to be submitted to the Case Coordinator one week prior to the next CMC for Tribunal review and approval.
17The second CMC is scheduled to commence by video on Wednesday, September 27, 2023, at 10 a.m. by Video Hearing.
https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
18Parties 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:
19Parties 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
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 in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as noted above.
21Individuals 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.
22The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
23The Tribunal Orders that consideration of the requests for Participant Status be deferred to the second Case Management Conference.
24A second Case Management Conference will be held by Video Hearing.
25There will be no further notice.
“Jackie Denyes”
JACKIE DENYES MEMBER
“Sharyn Vincent”
SHARYN VINCENT VICE-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.