2024 CanLII 118367

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

November 20, 2024

CASE NO.:

OLT-24-000526

BEFORE:

A. MASON

Friday, the 1^st

MEMBER

November, 2024

THESE MATTERS involving an appeal under subsections 22(7) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, regarding the failure of the County of Renfrew to make a decision within the prescribed time period on an Official Plan Amendment to redesignate 24 hectares of the land located at 432 Storyland Road in Horton Township, in the Country of Renfrew, from Rural to Mineral Aggregate to permit a proposed pit to extract sand and gravel resources above and below the groundwater table;

AND THESE MATTERS involving an appeal under subsection 34(11) of the Planning Act, regarding the failure of the Town of Horton to make a decision within the prescribed time period on a Zoning By-Law Amendment to rezone the lands at 432 Storyland Road from Extractive Industrial Reserve (EMR) and Rural (RU & RU-E9) to Extractive Industrial – Exception (EX – XX) to facilitate the proposed pit, both matters having come before the Tribunal for a written hearing to consider a settlement proposal proffered on consent of the Parties on November 1, 2024;

AND THE TRIBUNAL, having received and considered the visual and written materials filed on consent of the Parties, including the affidavit and exhibits sworn and dated October 18, 2024, of Neal DeRuyter, a member of the Ontario Professional Planners Institute and the Canadian Institute of Planners, in the area of land use planning;

AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit evidence of Neal DeRuyter on the nature and scope of the settlement proposal, including:

1. Amending the County of Renfrew Official Plan to redesignate 24 hectares of land at 432 Storeyland Road from Rural to Mineral Aggregate to permit the proposed gravel pit, while approximately 41.4 hectares of the subject land is already designated Mineral Aggregate;

2. Amending the Town of Horton zoning by-law to rezone the land at 432 Storyland Road from Extractive Industrial Reserve (EMR) and Rural (RU & RU-E9) to Extractive Industrial – Exception (EX – XX);

3. Notwithstanding that the Site Plan under the Aggregate Resources Act is not before the Tribunal, amending it with new or revised conditions as follows:

a. Revised recommendation for operating equipment at the proposed pit;

b. Implementing Best Management Practices regarding the use of broadband alarms on operating equipment and trucks;

c. Requirements for acoustic audit and assessment to confirm noise impacts; and

d. Incorporation of additional tree and shrub plantings for berms facing private residences.

AND THE TRIBUNAL, having accepted the uncontested evidence of Neal DeRuyter, finds that the proposed settlement and revised instruments giving effect thereto:

4. have appropriate regard for matters of provincial interest under s. 2 of the Planning Act, in particular the protection of ecological systems (s. 2(a)), the protection of agricultural resources (s. 2(b)), the conservation and management of natural resources and the mineral resource base (s. 2(c)), the protection of public health and safety (s. 2(o)) through the extraction setbacks, noise and visual mitigation water monitoring and requirements for progressive rehabilitation.

5. are consistent with the 2024 Provincial Policy Statement through appropriate design and buffers to mitigate adverse effects on sensitive lands including nearby residences and by maintaining the long-term ecological function and biodiversity of natural heritage systems through progressive rehabilitation of the pit to natural features including a pond, shoreline wetlands and wooded areas, among other policy directives;

6. are in conformity with the County of Renfrew Official Plan by implementing the recommendations from required technical reports and studies necessary for consideration of aggregate extraction, such as through buffering from nearby sensitive residential uses and setbacks from significant wildlife habitat features;

7. are in conformity with the Township of Horton Zoning By-Law by providing appropriate site-specific exceptions to minimize potential impacts on surrounding land uses with applicable standards; and

8. represent good planning and are in the public interest.

NOW THEREFORE:

THE TRIBUNAL ORDERS that the appeals under subsections 22(7) and 34(11) of the Planning Act are allowed;

AND THE TRIBUNAL FURTHER ORDERS:

1. the County of Renfrew Official Plan, as amended, is further amended in accordance with Official Plan Amendment No. 40 attached hereto as Attachment 1;

2. the Township of Horton Zoning By-Law 2010-14, as amended, is further amended in accordance with the Zoning By-Law Amendment attached hereto as Attachment 2;

3. the County of Renfrew and the Township of Horton are authorized to assign a by-law number to the Official Plan Amendment at Attachment 1 and the Zoning By-Law Amendment at Attachment 2, respectively, to this Order for record-keeping purposes; and

4. The Tribunal may be spoken to by the Parties with respect to the implementation of this Order.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.

Attachment 1

County of Renfrew

Draft Official Plan Amendment

AMENDMENT NO. 40 TO THE OFFICIAL PLAN FOR

THE COUNTY OF RENFREW

INDEX PAGE

The Constitutional Statement 1

Part A - The Preamble 2

Part B - The Amendment 3

Schedule “A” Land Use Plan 4

THE CONSTITUTIONAL STATEMENT

PART A - THE PREAMBLE does not constitute part of this amendment.

PART B - THE AMENDMENT consisting of the following text and Schedule “A” constitutes Amendment No. 40 to the Official Plan for the County of Renfrew.

PART A - THE PREAMBLE

Purpose

To amend Schedule A of the County of Renfrew Official Plan to redesignate 24 hectares of a 69.5 hectare property from Rural to Mineral Aggregate to permit a Class A pit below the water table. Approximately 41.4 hectares of the property is already designated Mineral Aggregate.

Location

The lands affected by this amendment are described as part of Lot 20, Concession 6, in the geographic Township of Horton, located on the south side of Storyland Road, between Eady Road and Ruttan Road.

Basis

The Official Plan for the County of Renfrew was adopted by the Council of the County of Renfrew on March 27, 2002, and approved by the Minister of Municipal Affairs and Housing on June 16, 2003. The Official Plan was recently updated by Official Plan No. 31, under Section 26 of the Planning Act, and approved by the County of Renfrew on August 19, 2021. This amendment represents the 40th amendment to the Official Plan.

PART B - THE AMENDMENT

All of this part of the document entitled Part B - The amendment, consisting of the following text and Schedule “A” constitutes Amendment No. 40 to the Official Plan for the County of Renfrew.

Details of the Amendment

The Official Plan is amended as follows:

(a) Schedule “A” of the Official Plan is hereby amended by redesignating those lands described as Part of Lot 20, Concession 6, in the Township of Horton, from “Rural” to “Mineral Aggregate”, as shown on the attached Schedule “A”.

Implementation and Interpretation

The implementation and interpretation of this Amendment shall be in accordance with the respective policies of the Official Plan for the County of Renfrew.

Schedule “A” to Official Plan Amendment No. 40

Attachment 2

Township of Horton

Draft Zoning By-law Amendment

THE CORPORATION OF THE

TOWNSHIP OF HORTON

BY-LAW NUMBER 202X-XX

A By-law to amend By-law Number 2010-14 of the Corporation of the Township of Horton, as amended.

PURSUANT TO SECTION 34 OF THE PLANNING ACT, R.S.O., 1990, c.P. 13, THE

TOWNSHIP OF HORTON HEREBY ENACTS AS FOLLOWS:

1. THAT By-law Number 2010-14, as amended, be and the same is hereby further amended as follows:

(a) Schedule "A” is amended by rezoning lands described as Part of Lot 20, Concession 6, in the Township of Horton, from Rural (RU, RU-E9), and Extractive Industrial Reserve (EMR) to Extractive Industrial – Exception (EM-XX) as shown on the Schedule “A” attached hereto.

2. THAT save as aforesaid all other provisions of By-law 2010-14, as amended,

shall be complied with, EXCEPT as amended below:

(a) 13.2.(b) Yards (minimum):

Abutting Industrial Abutting Other

Zone Zone

i) Front Yard Depth 22 metres 30 metres

ii) Interior Side Yard Width 15 metres 15 metres

iii) Exterior Side Yard Width 15 metres 15 metres

iv) Rear Yard Depth 15 metres 15 metres

3. This by-law shall come into force and take effect on the day of final passing

thereof.

This By-law given its FIRST and SECOND reading this Xth day of X, 202X. This

By-law read a THIRD time and finally passed this Xth day of X, 202X.

THE CORPORATION OF THE

TOWNSHIP OF HORTON

BY-LAW NUMBER 202X-XX

SCHEDULE “A”