Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2024
CASE NO(S).: OLT-22-002969 (Formerly PL180898) OLT-21-001716
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
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: (Langmaid 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 section 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: (Langmaid 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 section 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/HTE
Property Address: 3393 South Portage Road (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 section 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 (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 section 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: Langmaid 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
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Langmaid's Island Corporation
Appellant: Mitchell Fasken
Subject: Zoning By-law
Description: Community Planning Permit 2021-111
Reference Number: By-Law 2021-111
Property Address: Township of Lake of Bays
Municipality/UT: Lake of Bays
OLT Case No.: OLT-21-001716
OLT Lead Case No.: OLT-21-001716
OLT Case Name: Fasken v. Lake of Bays (Township)
PROCEEDING COMMENCED UNDER section 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Langmaid's Island Corp.
Request for: Request for Directions
Heard: February 2, 2024 by Telephone Conference Call
APPEARANCES:
Parties
Counsel/Representative*
Langmaid’s Island Corporation
A. Margaritis
M. Flowers
District of Muskoka
J. Clow
Township of Lake of Bays
J. Ewart
Town of Huntsville
J. Ewart
Lake of Bays Association
C. Emmett
Lake of Bays Heritage Foundation
Kelly Zytaruk
Self-represented*
Mitchell Fasken
J. Meader (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY g.c.p. bishop ON february 2, 2024 AND ORDER OF THE TRIBUNAL
1This Telephone Conference Call (“TCC”) was convened to deal with two separate appeal streams. The first file regards the appeals by Langmaid’s Island Corporation and Mitchell Fasken, against the passing of a new community wide By-law, by Council for the Township of Lake of Bays (“Township”). This stand-alone file number is OLT-21-001716. The second appeal stream deals with Langmaid’s Island Corporation’s (“Applicant”) outstanding appeal against the District of Muskoka (“District”), as approval authority, of a draft Plan of Subdivision (“POS”). This appeal stream also deals with the implementation of the “approved in principle” site-specific amendment to the Development Permit By-law (the “DPBL”), which the Township has repealed and replaced with the Community Planning Permit 2011-111 (the “CPP By-law”), subject to the appeals stated in the first file above. The Tribunal’s lead file is OLT-22-002969 (Formerly PL180898). The file number with respect to the draft POS is OLT-22-002976 and the file for the DPBL is OLT-22-002970.
APPEALS TO THE CPP BY-LAW (FILE OLT-21-001716)
2The Tribunal dealt with a Motion that was filed on consent of all Parties connected to the CPP By-law appeals. The request was to separate the Applicant’s site-specific appeal, dealing with the Applicant’s property, from the general appeal lodged by Mitchell Fasken. The Tribunal agrees and Orders the bifurcation of the two appeals to the CPP By-law. The Tribunal issued an administrative Order on this Motion on February 2, 2024.
3The Tribunal was also informed that a settlement was imminent between the Township and Mitchell Fasken. The Township will inform the Tribunal as soon as possible so that the seven-day Hearing, set to commence Monday, March 25, 2024 may be converted into a one-day settlement event, in the event a settlement is reached.
THE LANGMAID’S ISLAND CORPORATION APPEALS (FILE OLT-22-002969)
4With the separation of the two appeals to the CPP By-law, the Tribunal and Parties focused on scheduling a Merit Hearing to wrap up the remaining appeals under file OLT-22-002969, combined with the site-specific appeal of the CPP By-law.
5Counsel for the Applicant reviewed the outstanding matters with the Tribunal. The first matter is the implementation of the Phase 1 Decision and the necessary revisions to the DPBL amendment, approved in principle and attached to that Decision. Second are discrete matters with respect to the definition of “footprint” and “maximum gross floor area” contained in the CPP By-law and specific matters relating to the historic structures on Lots 13 and 14 of the Draft POS.
6Lastly, the Applicant has completed more detailed studies of each of the proposed lots and are now of the view that flexibility in the placement of the sleeping cabins will have less environmental impact/tree removal than dictating that two of the three sleeping cabins must be within 6 metres of the main dwelling. The Tribunal requested responses from all Parties with respect to this matter. The general responses were that these were still live issues or that counsel is awaiting instructions from their clients. Upon review of the Issues List, the Tribunal sees that the Lake of Bays Association and the Lake of Bays Heritage Foundation may not be in agreement with the Applicant that these new detailed studies represent new evidence but a re-opening of the Phase 1 and Phase 2 Hearings. Consideration should be given to bringing a motion if this becomes a threshold issue.
PROCEDURAL ORDER AND ISSUES LIST
7Although the timeline between this event and the scheduled Merit Hearing is short, it was suggested that the Parties prepare a Draft Procedural Order and Issues List, on consent, and supply it to the Tribunal for review. This has taken place and the Merit Hearing will be governed by the Procedural Order appended to this Decision as Schedule A.
HEARING
8Upon consent of the Parties, the Tribunal scheduled a four (4) day Merit Hearing by video commencing on Tuesday, April 9, 2024, at 10 a.m. No further Notice is required for the Merit Hearing.
9Parties 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:
https://global.gotomeeting.com/join/909787981
Access Code: 909-787-981
10Parties 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.
11Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
12Individuals 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 Video Hearing 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
13The Tribunal Orders that:
i. The Procedural Order and Issues List, appended as Schedule A, is in full force and effect;
ii. This matter will be heard concurrently with Ontario Land Tribunal file OLT-21-001716, only on a site-specific basis;
iii. The Merit Hearing is scheduled for four (4) days, commencing on Tuesday April 9, 2024 at 10 a.m., by video, and the details for participation are noted above;
iv. No further notice will be given;
v. The Vice-Chair is seized of the Merit Hearing.
“G.C.P. Bishop”
G.C.P. BISHOP
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.
SCHEDULE A
CASE NO(S).: OLT-22-002969 (Formerly PL180898) OLT-21-001716
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Applicant and Appellant: Langmaid’s Island Corporation
Subject: Application to amend Development Permit By-law No. 04-180 - Neglect of the Township to make a decision
Existing Zoning: Waterfront Residential (with ‘Heritage Site’ overlay)
Proposed Zoning: Waterfront Residential with an Exception (WR-E__), Waterfront Environmental Protection with an Exception (WEP) and Waterfront Environmental Protection (WEP)
Purpose: To establish site specific development provisions for the proposed 36 lots for residential uses and to provide for the protection of conservation blocks
Property Address/Description: Big Langmaid’s Island & Little Langmaid’s Island
Municipality: Township of Lake of Bays
Approval Authority File No.: Z 01/18 LOB
OLT Case No.: OLT-22-002970
OLT Lead Case No.: OLT-22-002969