Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 03, 2024
CASE NO(S).: OLT-22-004749
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: St. Marys Cement Inc. (Canada) & Rosedale Securities Limited
Subject: Official Plan Amendment
Description: To permit expansion of gravel pit
Property Address: 4222, 4228, and 4248 Sideroad 25 (Lot 25, Concession 1)
Municipality/UT: Puslinch/Wellington
Municipal File No.: OP-2020-04
OLT Case No.: OLT-22-004749
OLT Lead Case No.: OLT-22-004749
OLT Case Name: St. Marys Cement Inc. (Canada) & Rosedale Securities Limited v. Wellington (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: St. Marys Cement Inc. (Canada) & Rosedale Securities Limited
Subject: Zoning Bylaw Amendment
Description: To permit expansion of gravel pit
Property Address: 4222, 4228, and 4248 Sideroad 25 (Lot 25, Concession 1)
Municipality/UT: Puslinch/Wellington
Municipal File No.: D14-CBM
OLT Case No.: OLT-22-004750
OLT Lead Case No.: OLT-22-004749
Heard: March 21, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| St. Marys Cement Inc. (Canada) & Rosedale Securities Limited (Appellant / Applicant) | Jonathan Kahn |
| County of Wellington Township of Puslinch |
Peter Pickfield Kevin Thompson |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON MARCH 21, 2024 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1These appeals arise following a non-decision by the County of Wellington (“County”) and the Township of Puslinch (“Town”) with respect to applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) to facilitate an expansion of the SMC Lanci Pit for lands known municipally as 4222, 4228, and 4248 Sideroad 25 South (“Subject Property”).
2The Subject Property is located immediately south of the existing SMC Lanci Pit (“Lanci Pit”), which is licensed under the Aggregate Resources Act (“ARA”). The proposed expansion would be a sand and gravel pit operating above and below the water table with a total licensed area of 14.8 hectares (“ha”) for the pit and an extraction area of the 10.1 ha. The expansion would be characterized as a “feeder pit”, which would have the aggregate resources extracted from the Subject Property, transported through the existing Lanci Pit and processed at the McNally Pit (which is also operated by SMC) on the opposite side of Concession 2. No processing, washing or crushing of aggregate will occur on the Subject Property. Further, the same maximum annual tonnage limit and hours of operation would apply to the Subject Property as to the existing Lanci Pit.
3The Subject Property is in close proximity to markets and contains approximately three to four million tonnes of sand and gravel resources. The trucks for the proposed expansion would utilize the existing entrance for the Lanci Pit on Concession 2 and use existing aggregate haul routes. With specific mitigation measures, the Significant Woodlands on the Subject Property will be protected to ensure no negative impacts. The Applicant has obtained a permit under the Endangered Species Act for the removal and replacement of on-site bat habitat. Through the application process and peer review, it has been determined that the proposed extraction will not have an adverse impact on the water sources of the area. Noise mitigation will be implemented, including the construction of acoustic berms and operational restrictions to satisfy the Ministry of Environment, Conservation and Parks sound level limits at nearby receptors.
4The purpose of the OPA is threefold: to amend Schedule B7 to add the Mineral Aggregate Overlay to the Subject Property with the exclusion of a portion of the Greenlands designation, which falls outside of the proposed extraction area; to further amend Schedule B7 to remove a portion of the Greenlands designation from the proposed extraction area and replace it with a Secondary Agricultural designation and also replace a portion of the Secondary Agricultural designation outside of the proposed extraction, with a Greenlands designation (this mapping better reflects the onsite verified limit of Significant Woodlands to be retained and protected); and to amend Schedule D, extending the Mineral Aggregate Resource Overlay to the proposed areas of extraction that are not currently identified in the overlay.
5The proposed ZBA would permit the Lanci Pit expansion by rezoning the Agricultural Zone to Extractive and would provide site-specific provisions to both the Agricultural and Natural Environment (“NE”) Zones. These provisions would allow for: setback areas along Sideroad 25 and an adjacent property; visual and acoustic mitigation measures; stated after-uses permitted in the Agricultural Zone; the approximately 1.3 ha tree-planting to occur adjacent to the Significant Woodlands; the haul route access to be permitted by Concession 2; the area within the NE Zone containing the significant woodland, and the associated buffer that would be placed within and Environmental Protection Overlay with a special provision that allows sediment and erosion control measures within the 5metre setback from the dripline of the Significant Woodland.
6The Zoning By-law must permit the proposed pit prior to the issuance of a License under the ARA. As such, the Applicant has applied for a Class A Pit License under the ARA in conjunction with the Planning Act applications and it remains with the Ministry of Natural Resources and Forestry for a decision.
7Disposition of the matter has come before the Tribunal as a settlement motion. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
- the uncontested opinion evidence of Mr. Neal DeRuyter, a Registered Professional Planner and a member of the Canadian Institute of Planners, contained in his comprehensive witness statement affirmed March 21, 2024 (marked as Exhibit 1);
- Participant Statements filed with the Tribunal in the names of:
- Crieff Hills Retreat Centre, Participant 1; and
- Mr. McNie, Participant 2;
- the Parties’ oral submissions in support of the settlement;
- the (aforementioned) Draft Official Plan Amendment (marked as Exhibit 2); and
- the (aforementioned) Draft Zoning By-law Amendment (marked as Exhibit 3).
Decision and order
8The Tribunal acknowledges that the evidence provided by Mr. DeRuyter reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
9The Tribunal accepts the opinion evidence of Mr. DeRuyter as presented in his witness statement and oral submission and similarly finds that the subject applications, as revised, have regard to those applicable matters of Provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conforms to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, County of Wellington Official Plan, and otherwise represent sound resources management and reflects principles of good land use planning.
10THE TRIBUNAL ORDERS THAT:
- the appeals are allowed, and the Official Plan for the County of Wellington is amended as set out in Attachment 1 to this Order;
- that Zoning By-law 023/18 of the Township of Puslinch is hereby amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the Township of Puslinch to assign a number to this by-law for record-keeping purposes.
“J. Innis”
J. Innis
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.
Attachment 1