Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2024
CASE NO(S).: OLT-23-001153
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Skycroft Campground (2011) Ltd.
Subject: Request to amend the Official Plan – Appeal of Decision
Description: To permit additional campsites to be added to an existing seasonal campground
Reference Number: PL-OPA-2022-0037
Property Address: 2827 Opinicon Road
Municipality: Township of South Frontenac
OLT Case No.: OLT-23-001153
OLT Lead Case No.: OLT-23-001153
OLT Case Name: Skycroft Campground (2011) Ltd. v. South Frontenac (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Skycroft Campground (2011) Ltd.
Subject: Application to amend the Zoning By-law – Appeal of Decision
Description: To permit additional campsites to be added to an existing seasonal campground
Reference Number: Z-16/15
Property Address: 2827 Opinicon Road
Municipality: Township of South Frontenac
OLT Case No.: OLT-23-001154
OLT Lead Case No.: OLT-23-001153
Heard: March 18, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Skycroft Campground (2011) Ltd. (“Appellant”)
Philip Osterhout Crystal McConkey (in absentia)
Township of South Frontenac (“Town”)
Spencer Putnam Tony Fleming (in absentia)
Protect Opinicon Inc.
David Donnelly
Queen’s University
Greg Meeds
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON March 18, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding appeals filed by Skycroft Campground (2011) Ltd. pursuant to subsections 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of the Township of South Frontenac’s refusal of its application for a Zoning By-law Amendment (“ZBA”) and Official Plan Amendment (“OPA”), to permit additional campsites to be added to an existing seasonal campground on its property municipally known as 2827 Opinicon Road (“Subject Lands”).
PROCEDURAL MATTERS
2The Tribunal was in receipt of an Affidavit of Service sworn by Philip Osterhout on February 15, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and as such, no further notice is required.
3The Tribunal received two Party status requests. The first was from Protect Opinicon Inc., a non-profit corporation incorporated by local residents to promote the protection of the area and maintenance of its natural/cultural heritage. The second was from Queen’s University, which owns significant parcels of land in the vicinity of, and directly adjacent to, the Subject Lands. Both persons have a direct interest in the outcome of the appeals and intend to call expert opinion evidence to assist the Tribunal in resolving issues raised in the appeal. Accordingly, the Tribunal finds there are reasonable grounds to add Protect Opinicon Inc. and Queen’s University as Parties to these appeals.
4The Parties advised the Tribunal that given the expected number of witnesses to testify, 15 days would be required for the Merit Hearing. The Tribunal also directs the Parties to submit an updated draft Procedural Order and Issues List no later than Monday, April 1, 2024.
5The Tribunal scheduled the Merit Hearing by Video Hearing for Tuesday, January 7, 2025 at 10 a.m. until Tuesday, January 28, 2025. The Tribunal will not sit on Monday, January 27, 2025.
6Parties 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:
GoToMeeting: https://meet.goto.com/677087597
Access Code: 677-087-597
7Parties 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.
8Persons 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.
9Individuals 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
10THE TRIBUNAL ORDERS the following:
a. Protect Opinicon Inc. and Queen’s University are conferred Party status in the proceedings;
b. The Parties will provide the Tribunal with an updated draft Procedural Order and Issues List by Monday, April 1, 2024; and
c. A Hearing will commence by Video Hearing from Tuesday, January 7, 2025, at 10 a.m. to Tuesday, January 28, 2025. The Tribunal will not sit on Monday, January 27, 2025. Fifteen days have been set aside for the Hearing.
11The Member is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
“F. Lavoie”
F. LAVOIE
MEMBER
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.