Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 11, 2023
CASE NO(S).: OLT-23-000624
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Stop Petersburg Sand Pit Inc. Subject: Zoning By-law Description: To permit a gravel pit operation with concrete and asphalt recycling as an accessory use Reference Number: ZCA-06-22 Property Address: 1856 Snyder's Rd East Municipality/UT: Wilmot/Waterloo OLT Case No: OLT-23-000624 OLT Lead Case No: OLT-23-000624 OLT Case Name: Stop Petersburg Sand Pit Inc. v. Wilmot (Township)
Heard: September 28, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Stop Petersburg Sand Pit Inc. | David Donnelly |
| Petersburg Sand Pit Inc. | Matthew Rutledge, Albert Engel |
| Township of Wilmot | Thomas Sanderson, Steven O’Melia (in absentia) |
| Regional Municipality of Waterloo | Fiona McCrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS & S. BOBKA ON SEPTEMBER 28, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal pursuant to sections 34(19) of the Planning Act (“Act”) by Stop Petersburg Sand Pit Inc. (“Appellant”) in relation to the Township of Wilmot’s (“Township”) approval of an application for a Zoning By-law Amendment (“ZBA”) in relation to the property municipally known as 1856 Snyder’s Road East in the Township (“Subject Property”).
2The purpose of the ZBA is to permit a gravel pit operation with concrete and asphalt recycling as an accessory use. The proposal is for a Class 3 operation, which involves extraction above the water table only. The proposed area for extraction is 22.5 hectares (“ha”) and it is estimated that the minimum pit life space will be 15 years, with a maximum annual extraction limit of 450,000 tonnes.
3The Subject Property is currently designated as Agricultural Resource Area in the Township Official Plan and is identified as Mineral Aggregate Resource Area on Map 10. The Subject Property is currently zoned Zone 1 (Agricultural) and the proposed By-law purports to amend Zoning By-law No. 83-38, rezoning portions of the property from Zone 1 (Agricultural) to Zone 14 (extractive industrial) and includes provisions to facilitate concrete and asphalt for recycling, permit buildings and structures north of the railway tracks, and provide an access route to the gravel pit on lands south of the railway tracks. Approximately 3.1 ha of the property is also to be rezoned from Zone 1 (Agricultural) to Zone 11 (Open Space) in the area of an Environmentally Sensitive Policy Area and associated 15 metre buffer and enhancement area.
SERVICE OF NOTICE OF CMC
4There were no issues raised regarding the service of the Notice of this CMC. The Tribunal received an Affidavit of Service and marked it as Exhibit 1.
STATUS REQUEST
5The Tribunal received a written request for Party status from the Regional Municipality of Waterloo (“Region”), which is a review and commenting authority on the proposed ZBA in respect of conformity with the Region’s Official Plan, and a review and commenting agency on matters delegated to the Region by the Province. In addition, the Subject Property fronts on and will have access from a Regional Road. Upon review and consideration, and hearing no concerns from the Parties, the Tribunal granted this request for Party status.
Aggregate Resources Act licence application
6The Tribunal was advised by Counsel for the Petersburg Sand Pit Inc. (“Applicant”) that their client is nearing the conclusion of the process for its application for a licence to operate a pit under the Aggregate Resources Act (“ARA”). It is anticipated that once the ARA Licence process is completed, the Ministry of Natural Resources and Forestry will refer objections to the ARA application to the Tribunal for a Decision.
7The Parties suggested that once the ARA application had been referred to the Tribunal, it might be most efficient to schedule a second CMC for the present matter to be heard at the same time as the first CMC for the ARA matter (possibly early in 2024). At that time, the Tribunal could consider consolidating or hearing together the two matters, as well as approving a Procedural Order including Issues List. The Parties confirmed that a subsequent CMC would serve as the first CMC for the ARA matter, and therefore proper notice would need to be served for the ARA matter.
8With the timing of the referral unclear, it was the suggestion of the Parties that no specific date be set for a subsequent CMC at this time. The Parties proposed to update the Tribunal as soon as the ARA matter is referred, and to work through the Case Coordinator to determine a date for a subsequent CMC, ensuring sufficient time to provide proper notice.
9After questions of clarification, the Panel determined that a subsequent CMC would be scheduled once it was confirmed that the ARA matter has been referred. The Panel directed that a status update be provided by Counsel for the Applicant on or before Monday, January 15, 2024, and monthly thereafter until a subsequent CMC is scheduled.
Mediation and settlement
10The Tribunal inquired as to the potential for resolution and highlighted the availability of Tribunal-led mediation. Mr. Donnelly stated that once the ARA referral is made and the Site Plan finalized, the Appellant would be in a position to advise regarding possible mediation. Mr. Rutledge advised that the Applicant would be willing to work toward resolution should there be a willingness to settle. Mr. Sanderson and Ms. McCrea agreed with this approach. The Parties are advised to contact the Case Coordinator should they wish to pursue the possibility of Tribunal-led mediation.
ORDER
11The Tribunal Orders that:
a) The Regional Municipality of Waterloo is granted Party status;
b) A second Case Management Conference will be scheduled through the Case Coordinator once referral of the Aggregate Resources Act matter is confirmed. Notice of this date will be provided to all Parties and all persons entitled to a copy of this Decision through the Case Coordinator. Notice of this Case Management Conference will be provided with respect to the future Aggregate Resources Act matter as required by statute;
c) The draft Procedural Order, including the Issues List, will be provided to the Tribunal a minimum of 14 days in advance of the second Case Management Conference; and
d) A status update will be provided on or before Monday, January 15, 2024, and monthly (on or before the 15th of the month) thereafter until the second CMC is scheduled.
12The Members are not seized.
“K.R. Andrews”
K.R. Andrews MEMBER
“S. Bobka”
S. BOBKA MEMBER
Ontario Land Tribunal Website: 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.