Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June, 4 2024
CASE NO.: OLT-22-004878
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O.1990, c. P. 13, as amended.
Appellant: Muskoka Environmental Alliance Inc.
Applicant: Fowler Construction Company Limited
Subject: Zoning By-law Amendment
Description: To permit an expansion of the Childs Pit/Quarry operation
Reference Number: D14-10/20
Property Address: 1255 Bonnie Lake Road
Municipality/Upper Tier: Town of Bracebridge/District of Muskoka
OLT Case No.: OLT-22-004878
OLT Lead Case No.: OLT-22-004878
OLT Case Name: Muskoka Environmental Alliance Inc. v. Bracebridge (Town)
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A. 10
Applicant: Fowler Construction Company Limited
Objectors: Laura Pratt, Nancy Pratt, Ministry of Natural Resources and Forestry
Subject: Application for a licence
Description: To permit an expansion of the Childs Pit/Quarry operation
Reference Number: Licence Application #626505
Property Address: Lots 15 & 16, Concession 10, and Lots 14-17, Concession 9 and associated Road Allowances (Macaulay)
Municipality/Upper Tier: Town of Bracebridge/District of Muskoka
OLT Case No.: OLT-23-000408
OLT Lead Case No.: OLT-22-004878
OLT Case Name: Fowler Construction Company Limited v. Ontario (Ministry of Natural Resources and Forestry)
BEFORE:
SHARYN VINCENT VICE-CHAIR
Monday the 27th day of May 2024
ORDER OF THE TRIBUNAL
THESE MATTERS having come before the Tribunal as a written hearing;
AND THE TRIBUNAL having been advised by counsel for Fowler Construction Company Limited (“Applicant”) on April 8, 2024, that a full uncontested settlement has been reached between the Applicant and Muskoka Environmental Alliance Inc (“Appellant”) specifically concerning the applications for a Zoning By-Law amendment and an Aggregate Resources Act licence (the “ARA licence”) to permit a proposed extension of the existing Childs Pit/Quarry located on the lands municipally described as 1255 Bonnie Lake Road, in the Town of Bracebridge in the District of Muskoka (the “Subject Lands”);
AND THE TRIBUNAL having received and reviewed the affidavit evidence of Brian Zeman, sworn and dated May 7, 2024, who the Tribunal herein recognizes as qualified to assist the Tribunal with respect to opinion evidence in areas of land use planning and the preparation of site plans pursuant to the Aggregate Resources Act (ARA) as certified by the Ministry of Natural Resources and Forestry in the pursuit of a licence pursuant to the ARA;
THE TRIBUNAL FINDS THAT: the proposed extension, adjacent to the established quarry within the Canadian Shield, has appropriate regard for matters of provincial interest as the extension represents wise management of high quality aggregate resources on lands designated Aggregate Extraction in the Town of Bracebridge Official Plan. The zoning by-law amendment subject of this Order brings the site into conformity with the planned land use, in both the District and Town Official Plan;
THE TRIBUNAL FURTHER FINDS THAT: the operation is designed, buffered and/or separated from sensitive land uses, minimizing potential impacts through required mitigation and ongoing monitoring where necessary, addressing water resources, natural features, noise emissions, traffic impacts, blasting operations and the Best Management Practices Plan addressing air quality;
THE TRIBUNAL ACCEPTS the uncontroverted, sworn affidavit evidence which demonstrates that the proposal, including the required mitigation and monitoring measures captured either in the zoning amendment or the governing notes and stipulations forming part of the site plan, fully addresses the applicable matters of Provincial Interest under s. 2 of the Planning Act, together with all of the criteria enumerated in s. 12(1) of the ARA.
THE TRIBUNAL ORDERS that the Zoning By-Law Amendment attached as Schedule “A” is approved and Zoning By-law No. 2016-088 is amended accordingly;
AND THE TRIBUNAL FURTHER ORDERS that the Minister of Natural Resources and Forestry is directed to issue a Category 1 and 2, Class A quarry licence for the Subject Lands subject to the ARA Site Plan attached as Schedule “B”.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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”
THE CORPORATION OF THE TOWN OF BRACEBRIDGE
BEING A BY-LAW TO AMEND BY-LAW 2016-088, A LAND USE CONTROL BY-LAW TO REGULATE THE USE OF LAND IN THE TOWN OF BRACEBRIDGE
WHEREAS Section 34 of the Planning Act, R.S.O. 1990, c.P.13, as amended, provides for the enactment of zoning by-laws and amendments thereto;
AND WHEREAS By-law No. 2016-088 was enacted to regulate land use in Macaulay Ward, of the Town of Bracebridge, in the District Municipality of Muskoka;
AND WHEREAS it is deemed necessary to amend the said by-law by rezoning certain lands and by the addition of certain provisions;
NOW THEREFORE THE BY-LAW IS ENACTED AS FOLLOWS:
That Schedule “C” to By-law No. 2016-088 is hereby amended by rezoning of a portion of the property described as Lots 15 and 16, Concession 10 and part of Lots 14, 15, 16 and 17, Concession 9, Macaulay Ward, Town of Bracebridge from the present zones of Extractive Industrial Quarry Special – 1 (M3Q-1) in part and Environmental Protection Wetlands One (EPW1) in part to Extractive Industrial Quarry Special – 2 (M3Q-2). The portion of the lands the amendment applies to on Schedule ‘A’ attached hereto.
That Section 7.1.5: Industrial Zone Exceptions is hereby amended by the addition of the following:
Zone Permitted Uses
M3Q-2 In the Extractive Industrial Quarry Special – 2 (M3Q-2) zone, the permitted uses are all those in the Extractive Industrial Quarry (M3Q) zone and are subject to the following provisions:
(i) The minimum setback for buildings, plants and product stockpiles shall be 0.0 metres along the common lot line boundaries of an adjacent licensed Pit/Quarry only.
(ii) The minimum Front Yard setback for buildings, plants, extraction and product stock piles shall be 60 metres.
All other applicable provisions of the Extractive Industrial Quarry (M3Q) zone shall continue to apply with respect to lands located within the Extractive Industrial Quarry Special – 2 (M3Q-2).
That Schedule “A” attached hereto forms part of this by-law.
THAT this Bylaw shall come into force and take effect on the date the Ontario Land Tribunal issues its final order for Case No. OLT-22-004878, subject to the provisions of Section 34 of the Planning Act, as amended.
Schedule ‘A’
Lots 15 and 16, Concession 10 and part of Lots 14, 15, 16 and 17, Concession 9, Macaulay Ward, Town of Bracebridge
SCHEDULE “B”