HomeMy WebLinkAboutPSD-062-08
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Re;;o\ l-li10Y\ *~ PA - ~ TT -0'6
Monday, June 16, 2008
Date:
Report #: PSD-062-08
File #: COPA 2007-0007 & By-law #:
ZBA 2007-0026
Subject:
APPEAL OF OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT
AND SITE PLAN CONTROL APPLICATION, FILES COPA 2007-0007,
ZBA 2007-0026, SPA 2007-0021
APPLICANT: ADESA AUCTIONS CANADA CORPORATION AND IMPACT
AUTO AUCTIONS L TO.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-062-08 be received for information; and
2. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
Da :.I. Creme, M.C.I.P., R.P.P.
Director of Planning Services
Reviewed by:
nklin Wu,
~ Chief Administrative Officer
SNCP/lw/df/sh
June 9, 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-062-08
PAGE 2
1. On May 4, 2007, Adesa/lmpact Auto submitted applications to the Municipality of
Clarington for the development of a motor vehicle re-marketing, auction and logistics
facility. As part of the proposed development they required extensive outdoor storage
for motor vehicles and thus requested an amendment to the policies of the General
Industrial Area designation to increase the outdoor storage permitted from 50% to 70%
of a 19 ha property.
2. A decision was made on April 7, 2008, by Clarington Council to deny the Official Plan
Amendment and Zoning By-law Amendment applications. Council, in their decision,
found the proposal to be an inappropriate development for the Courtice Industrial Area.
A copy of Council's resolution in its entirety is contained in Attachment 2.
3. The applicant's subsequently appealed the decision on the Official Plan Amendment
and Zoning By-law Amendment to the Ontario Municipal Board (OMB). The applicant
has also appealed the site plan application, which did not require a Council decision,
and was not approved, to the OMB and have requested the Board hold a consolidated
hearing to consider all three applications at one time. A copy of the applicant's appeal
letters are contained in Attachment 3 (Official Plan Amendment and Rezoning Appeal)
and Attachment 4 (site plan appeal).
4. Municipal staff produced a report recommending approval of an official plan amendment
and zoning by-law amendment for the Adesa/lmpact Auto site. As such, in addition to
the municipal solicitor, Council will need to retain the appropriate consultants to defend
the decision. The municipal solicitor will present a separate, confidential report to
Council on this matter.
5. There were no other appeals of the applications from outside parties.
6. At this time, a date for an OMB hearing has not been set. Although the applicant had
initially indicated that they did not believe this matter would benefit from a Pre-Hearing
Conference, they have now stated that there may be benefit from a Pre-hearing
conference.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Decision of Clarington Council
Attachment 3 - Appeal Letter for Official Plan and Rezoning Amendments
Attachment 4 - Appeal Letter for Site Plan Control Application
REPORT NO.: PSD-062-08
PAGE 3
Interested parties to be notified of Council and Committee's decision:
Christl View Farms Limited
Adesa/lmpact Auction Canada Corp. (Impact Auto Auction)
Penalta Group Ltd.
Valerie Cranmer & Associates Inc.
Freeman Planning Solutions Inc.
Dean Jowitt
Neil Brown
Lynn Meikle
Mark Ulrich
1044971 Ontario Limited
Cindy & Greg Watson
Attachment 1
To Rej>ort PSD-062-08
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Attachment 2
T~ ReportPSD-062-08_
Council Meeting Minutes
- 23-
April 7, 2008
THAT provided there are no significant issues raised at the Public Meeting, the
rezoning application submitted by Arnold Geisberger be approved and that the
proposed Zoning By-law contained in Attachment 2 to Report PSD-034-08 be passed;
and
THAT the applicant, Region of Durham, Municipal Properties Assessment
Corporation, all interested parties listed in this report and any delegations be advised
of Council's decision.
"CARRIED"
Item #f3
Resolution #C-183-08
Moved by Mayor Abernethy, seconded by Councillor Hooper
WHEREAS the Clarington Council has duly considered the applications submitted by
ADESA Auto Auctions Corporation (Adesa) and Impact Auto Auctions Limited
(Impact) to amend the Clarington Official Plan and the Zoning By-law 84-63;
WHEREAS the General Purpose and Administration Committee made a
recommendation to Council to permit only "roadworthy" motor vehicles;
WHEREAS the legal counsel for Adesa and Impact have advised by a letter dated
April 2, 2008 that limiting the use to "roadworthy" motor vehicles was not acceptable to
their operation;
WHEREAS Council has concerns regarding potential environmental practices and
potential for environmental contamination from the processing of 30,000 motor
vehicles annually and the storage of up to 5,000 total loss (salvage) vehicles on the
Adesa/lmpact site at any given time;
WHEREAS the Courtice Urban Area currently has one salvage auto auction facility
and one off-lease and dealer consignment auto auction facility and two auto
recycling/salvage yard operations which comprise approximately 110 acres of lands;
WHEREAS Council has concerns with respect to the opening of a new industrial area
for a 47 acre auto auction facility for primarily salvage vehicles which in Council's view
would stigmatize the area with respect to being able to attract other new industry;
WHEREAS Council has concerns that the location of additional auction facilities could
attract further auto wreckers and salvage operations to Courtice;
WHEREAS the imminent opening of the new Courtice Water Pollution Control Plan
provides the much needed municipal infrastructure to Clarington for the attraction of
good industrial base for Clarington with the future extension of trunk sewer services;
Council Meeting Minutes
-24 -
April 7, 2008
WHEREAS, despite the efforts of Adesa and Impact to provide for the planned future
road network, Council has concerns with respect to the orderly development of the
Courtice industrial area through the approval of large, outdoor industrial use for
salvage motor vehicles that is not in compliance with the intent of the Municipality's
Official Plan;
WHEREAS Council has concerns that the materials presented in support of the
application and representations made to Council have not provided an accurate
portrayal of the intent of applicant for the use of the lands for primarily salvage
vehicles and the environmental practices followed on site;
WHEREAS after duly weighing the materials provided by Adesa and Impact, the
potential environmental issues, the stigma that would be placed on new industrial area
and the potential impact on the orderly development of the Courtice industrial area on
full municipal services, Clarington Council has determined that the approval of the
Adesallmpact application is not in the public interest;
THEREFORE BE IT RESOLVED:
THAT Report PSD-035-08 be received;
THAT the application to amend the Clarington Official Plan application submitted by
ADESA Auctions Canada Corporation and Impact Auto Auctions Limited (File: COPA
2007 -0007) be refused;
THAT the application to amend Zoning By-law 84-63 submitted by ADESA Auto
Auctions Corporation and Impact Auto Auctions Limited (File: ZBA 2007-0026) be
refused; and
THAT the Region of Durham, the applicant and all interested parties listed in Report
PSD-035-08 and any delegation be advised of Council's decision.
"MOTION CARRIED ON THE FOLLOWING
RECORDED VOTE"
(Motion rescinded later in the meeting
See Page 26)
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Trim -.J
Councillor Woo >J
Councillor Foster \
Councillor Hooper \
Mayor Abernethy \
Councillor Robinson -.J
Councillor Novak >J
1]1
Davies
Howe
Partners
Lawyers
The Fifth Floor
99 Spadina Ave
To ran to, 0 n tari 0
M5V 3P8
T 416.977.7088
F 416.977.8931
davieshowe.com
'08APR14 AM 9'27'0 Attachment 3
, , To Report PSD-062-0~
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It
Please refer to: Matthew Rea
e-mail:.l1lqtthewr@<;lavieshowe.com
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April 9, 2008
Bv Courier
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Ms. Patti L. Barrie
Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
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DoC) CDPft~'~C:ib7-0007
Dear Ms. Barrie:
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Re: Notice of Appeal Pursuant to Section 22(7) of the Planning Act
Adesa Auctions Canada Corporation and Impact Auto Auctions
Ltd.
We are counsel to Adesa Auctions Canada Corporation and Impact Auto Auctions
Ltd., owners of an equitable interest in approximately 19.1 hectares of land within
Part Lot 31, Concession 1, former Township of Darlington, municipally known as
1550 Trulls Road in Courtice ("the Property"). Our clients wish to operate a motor
vehicle re-marketing, auction and logistics facility on the Property.
On May 4, 2007, our clients submitted an official plan amendment application to
permit an increase in the outdoor storage permitted on the Property from 50% to
70% to facilitate its proposed operations. On April 7, 2008, our clients' application
was refused by Council.
The purpose of this letter is to appeal our clients' official plan amendment
application to the Ontario Municipal Board ("the Board") pursuant to section 22(7)
of the Planning Act. The reasons for the appeal are as follows:
1. Council has refused the application;
2. The proposed development is consistent with provincial policy and
represents good planning in the public interest;
3. Such further and other reasons as counsel may advise and the Board may
permit.
1]1
Davies
Howe
Partners
Page 2
. Please find enclosed a completed Board Appeal Form and our firm cheque in the
amount of $125.00, payable to the Minister of Finance, representing the prescribed
fee for this appeal.
Under separate cover, our clients are also appealing their related applications for a
zoning by-law amendment and site plan approval. As these appeals relate to the
same land and development proposal, it would be in the public interest for them to
be heard together. Therefore, by copy of this letter to the Board, we request they
be consolidated for hearing.
Please inform us once you have forwarded the record to the Board, and do not
hesitate to contact us if you require anything further.
Yours truly,
DAVIES HOWE PARTNERS
~
Matthew Rea
encl. Cheque and Board Appeal Form
copy: Mr. Patrick Hennessy, Secretary, Ontario Municipal Board
Mr. Dennis Hefferon, Barrister and Solicitor
Ms. Valerie Cranmer, Valerie Cranmer & Associates
Messrs. Terry Wallace and Mohsen Zakaria, Penalta Group Ltd.
Client
~
Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
655 Bay Street, Suite 1500 Toronto, Ontario M5G 1 E5
TEL: (416) 326-6800 or Toll Free: 1-866-887-8820
FAX: (416) 326-5370
www.omb.Qov.on.ca
APPELLANT FORM (A 1)
PLANNING ACT - Bill 51
(SUBMIT TO MUNICIPALITY/APPROVAL AUTHORITY)
Receipt Number (OMB Office Use Only):
Instructions:
. Complete one form for each type of appeal you are filing.
. A filing fee of $125 is required for each type of appeal you are filing. To view the
Fee Schedule, visit the Board's webslte.
. The filing fee must be paid by certified cheque or money order, in Canadian funds,
payable to the Minister of Finance.
. Do not send cash.
. Submit your completed appeal form(s) and filing feels) to either the Approval
Authority or Municipality, as applicable, by the required filing deadline. The
Approval Authority/Municipality will forward your appeal(s) and feels) to the
Ontario Municipal Board.
. Please print clearly throughout the appeal form.
. The Planning Act and the Ontario Municipal Board Act are available at
www.omb.aov.on.ca.
Date Stamp - Appeal ReceiverJ by Municipality
Part 1: Appeal Type (Please check only one box)
SUBJECT OF APPEAL
TYPE OF APPEAL
PLANNING ACT
REFERENCE
(SECTION)
Minor Variance
1 A aal a decision
r A eal a decision or conditions im osed
1 A aal conditions im ased
4512
5319
Consent
r
Failed to make a decision on th~lication within 90 days
5327)
~JJjl_.n
r
3419
Zoning By-law/Amendments
r
Application for an amendment to the Zoning By-law - failed to
make a decision on the a Iication within 120 da s
34(11)
Interim Control B -law
1
Application for an amendment to the Zoning By-law - refused by the
munici alit
1 A ealthe assin of an Interim Control B -law
384)
r A
.1
eal a decision
Failed to make a decision on the a
Iication within 180 da s
1740
Official Plan or
Official Plan Amendment
r
Application for an amendment to the Official Plan - refused by the
munici alit
22(7)
~
Application for an amendment to the Official Plan - failed to make a
decision on the a lication within 180 da s
22(7)
1
A eal a decision
5139
Subdivision
r A
r
eal conditions im ased
Failed to make a decision on the a lication within 180 da s
5134
A1 (Bill 51) Rev. 23/01/2007
Page 1 of 5
Part 2: Location Information
Part Lot 31, Concession 1, former Township of Darlinqton, municipallv known as 1550 Trulls Road
Address and/or Legal Description of property subject to the appeal:
Municipality:
Clarinqton
Part 3: Appellant Information
First Name:
Last Name:
Adesa/lmpact Auction Canada Corp. and Impact Auto Auctions Ltd.
Company Name or Associalion Name (Association musl be incorporated - inetude copy of lelter of incorporation)
Professional Title (if applicabie): Michael Mellinq (Lawver)
E-mail Address:miChaelm@davieshowe.com
By providing an e-mall address you agree to receive communications from the OMB bye-mall.
Daytime Teiephone #:j416) 977-7088
Alternate Telephone #:
Fax #:_(416) 977-8931
Mailing Address: 99 Spadina Avenue
Slreet Address
51h Floor
ApVSuite/Unit#
Toronto
Citytrown
Ontario
Province
//(t~
Country (if not Canada)
M5V 3P8
Postal Code
Date: 0 '1/ ()'-(( Of
Signature of Appellant: iJer
r
Please note: You must notify the Ontario Municipal Board of any change of address or telephone number in writing.
quote your OMB Reference Number(s) after they have been assigned.
Please
Personal information requested on lhis form is collected under the provisions of the Planning Act, R.S.O. 1 990, c. P. 13, as amended,
and the Onlario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal
may become available to the public.
Part 4: Representative Information (if applicable)
I hereby authorize the named company and/or individual(s) to represent me:
First Name:
Last Name:
Company Name:
Professional Title:
E-mail Address:
By providing an e-mail address you agree to receive communications from the OMB bye-mail.
Daytime Telephone #:
Alternate Telephone #:
Fax#:
Mailing Address:
Street Address
ApVSuite/Unit#
Citytrown
Province
Country (if not Canada)
Poslal Code
Signature of Appellant:
Date:
A1 (Bill 51) Rev. 23/01/2007
Page 2 of 5
(continued on next page...)
Please note: If you are representing the appellant and are NOT a solicitor, please confirm that you have written authorization, as
required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box
below.
I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or her
behalf and I understand that I may be asked to produce this authorization at any time.
Part 5: Appeal Specific Information
1. Provide specific information about what you are appealing. For example: Municipal Fiie Number(s), By-law
Number(s), Official Pian Number(s) or Subdivision Number(s):
(Please Print)
Please refer to attached Notice of Appeal Letter
2. Outline the nature of your appeal and the reasons for your appeal. Be specific and provide land-use planning reasons
(for example: the specific provisions, sections andlor policies of the Official Plan or By-law which are the subject of
your appeal - if applicable). **If more space is required please continue in Part 8 or attach a separate page.
(Please Print)
Please refer to attached Notice of Appeal Letter
"The following sections (a&b) apply only to appeals of Zoning By-law Amendments under Section 34(11) of the
Planning Act.
a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: MAY 4TH, 2007
(if application submitted on or after January 1, 2007 please use the OMB1 'Sil/51' form.)
b) Provide a brief explanatory note regarding the proposal, which includes the existing zoning category, desired zoning
category, the purpose of the desired zoning by-law change, and a description of the lands under appeal:
**If more space is required please continue in Part 8 or attach a separate page.
Please refer to the attached Notice of Appeal letter
A 1 (Bill 51 ) Rev. 23/0112007
Page 3015
P;jIrt 6: Related Matters (if known)
Are there other appeals not yet filed with the Municipality?
Are there other planning matters related to this appeal?
YES r
YES j;1
NO j;1
NO r
If yes, please provide OMS Reference Number(s) and/or Municipal File Number(s) in the box below:
(Please Print)
Zoning By-law Amendment
Part 7: Scheduling Information
r r r r
How many days do you estimate are needed for hearing this appeal? half day 1 day 2 days 3 days
r j;1 r .
4 days . 1 week . More than 1 week - please specify number of days:
How many witnesses do you expect to have at the hearing? 2
Describe witness(es)' area of expertise: _Land Use Planner and Environmental Consultant
Do you believe this matter would benefit from mediation?
YES
r
r
NO j;1
NO j;1
Do you believe this matter would benefit from a Prehearing Conference? YES
If yes, why?
Part 8: Other Applicable Information "Attach a separate page if more space is required.
-1
I
----j
A1 (Bill 51) Rev. 23/01/2007
Page 4 of5
l
Part 9: Required Fee
Total Fee Submitted: $ _125
Payment Method:
P Certified cheque * (Firm's Cheque)
r
Money Order
. The payment must be in Canadian funds, payable to the Minister of Finance.
. Do not send cash.
'Or Solicitor's general or trust account cheque.
A1 (Bill 51) Rev. 23/0112007
Page 5 of 5
..
1]1
Davies
Howe
Partners
Lawyers
The Fifth Floor
99 Spadina Ave
Toronto,Ontario
M5V 3P8
T 416.977.7088
F 416.977.8931
davieshowe.com
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IESTO:
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'OBAPR22 Ft1 1:3():: Attachment 4
To Report PSD-062-08
Please refer to: Matthew Rea
,
e-mail: matthewr@dauieshowe.com
April 17,2008
Bv Courier
Mr. Patrick Hennessy
Secretary
Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario
M5G lES
- and-
Ms. Patti L. Barrie
Clerk
Municipality of Clarington
40 Temperance Street
Bowmanville, Ontario
LIC 3A6
Dear Ms. Barrie:
Re: Notice of Appeal Pursuant to Section 41(12) of the Planning Act
Adesa Impact Auctions Canada Corporation and Impact Auto
Auctions Ltd.
We are counsel to Adesa Impact Auctions Canada Corporation and Impact Auto
Auctions Ltd., owners of an equitable interest in approximately 19.1 hectares of
land within Part Lot 31, Concession 1, former Township of Darlington, municipally
nown as 1550 Trulls Road in Courtice (the "Property"). Our clients wish to
'perate a motor vehicle re-marketing, auction and logistics facility on the Property.
n May 4,2007, our clients submitted a site plan application to permit an increase
the outdoor storage permitted on the Property from 50% to 70% to facilitate its
roposed operations. At this time, no decision has been made on our clients'
pplication.
he purpose of this letter is to appeal our clients' application to the Ontario
unicipal Board (the "Board") pursuant to section 41(12) of the Planning Act. The
asons for the appeal are as follows:
!;Lf
1]1
Davies
Howe
Partners
v
Page 2
1.
It has been more than thirty (30) days since our clients' application for site
plan approval was submitted and Council has failed to make a decision on
the application;
2. The proposed development is consistent with provincial policy and
represents good planning in the public interest;
3. Such further and other reasons as counsel may advise and the Board may
permit.
In the package addressed to the Board, we have enclosed a completed Board Site
Plan Appellant Form with required enclosures and our firm cheque in the amount
of $125.00, payable to the Minister of Finance, representing the prescribed fee for
this appeal.
Under separate cover, our clients have appealed their related applications for
official plan amendment and zoning by-law amendment. As these appeals relate
to the same land and development proposal, it would be in the public interest for
them to be heard together with this site plan appeal. Therefore, by copy of this
letter to the Board, we request they be consolidated for hearing.
Please inform us once you have forwarded the record to the Board, and do not
hesitate to contact us if you require anything further.
Yours truly,
DAVIES HOWE PARTNERS
~''cb-
Matthew Rea
encl. Cheque, Board Site Plan Appellant Form and required enclosures
copy without enclosures: Mr. Dennis Hefferon, Barrister and Solicitor
Ms. Valerie Cranmer, Valerie Cranmer & Associates
Messrs. Teny Wallace and Mohsen Zakaria, Penalta
Group Ltd.
Client
m:\700\701753\correspondence\site plan appeal.doc
~
Ontario
Ontario Municipal Board
Commission des affaires municipales de l'Ontario
655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5
TEL: (416) 326-6800 or Toll Free: 1-866-887-8820
FAX: (416) 326-5370
www.omb.qov.on.ca
APPELLANT FORM (02)
PLANNING ACT
SITE PLAN
(SUBMIT TO OMB)
Receipt NumberJOM130tfi(;e U~eDnly):
Instructions:
. Complete one form for each type of appeal you are filing.~
. A filing fee of $125 is required for each type of appeal you are filing. To view the
Fee Schedule, visit the Board's website.
. The filing fee can be paid by certified cheque or money order, in Canadian
funds, payable to the Minister of Finance.
. Do n6t sendcash~
. Submit your completed appeal form(s) and filing feels) to the Ontario Municipal
Board by the required filing deadline.
. Please print clearly throughout the appeal form.
. The Planning Act and the Ontario Municipal Board Act are available at
wWw.omb.aoV.on.C8.
Reference Ni!mbetfOMB .Office :Use Only):
Qate Stamp~. Appeal Received by OMS
Part 1: Appeal Type (Please check only one box)
SUBJECT OF APPEAL
Site Plans
P'
Application for a site plan - council failed to make a decision
within 30 days
41(12)
r
Application for a site plan - appealing requirements imposed by
the municipalitylcounty or by the regional metropolitan/district
municipality
Part 2: Location Information
Part Lot 31, Concession 1, former Township of Darlinaton, municipally know as 1550 Trulls Road
Address andlor Legal Description of property subject to the appeal;
Clarinaton
Municipality
Reaion of Durham
Upper Tier (Example; county, district, region)
02 Rev. 01/23/2007
Page 1 of 5
^.
Part 3: Appellant Information (Landowner)
First Name:
Last Name:
Adesallmpact Auction Canada Corp. and Impact Auto Auctions Ud.
Company Name or Association Name (Association must be incorporated - include copy 01 letter 01 incorporation)
Prolessional Title (if applicable): Michael MellinQ (Lawyer)
E-mail Address: michaelm@davieshowe.com Fax #: (416) 977-8931
By providing an e-mail address you agree to receive communications from the OMB bye-mail.
Daytime Telephone #: (416) 977-7088
Alternate Telephone #:
Mailing Address: 99 Spadina Avenue
Street Address
5th Floor
ApUSuite1Unil#
Toronto
CiiyfTown
Signature of Appellant:
Ontario
Province
'-
Country (i
M5V 3P8
Postal Code
Date: ~\ f\' ,Ncm
the Ontario Municipal Board of any change of address or telephone number in writing. Please
e Number(s) after they have been assigned.
Personal inlormation requested on this form is collected under the provisions 01 the Planning Act, R.S.O. 1990. c. P. 13, as
amended, and the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all inlonmation relating
to this appeal may become available to the public.
Part 4: Representative Information (if applicable)
I hereby authorize the named company and/or individual(s) to represent me:
First Name:
Last Name:
Company Name:
Prolessional Title:
E-mail Address: Fax #:
By providing an e-mail address you agree to receive comrnunicaUons from the OMB by a-mall.
Daytime Telephone #:
Alternate Telephone #:
Mailing Address:
Street Address
ApUSuitelUnil#
CityfTown
Province
Country (if not Canada)
Postal Code
Si9nature of Appellant:
Date:
Please note: If you are representing the appellant and are NOT a solicitor, please confil71l that you have written authorization, as required
by the Board's Rules of Practice and Procedure, to act on behalf of the appel/ant. Please confil71l this by checking the box beiow.
r I certify that I have written authorization Irom the appellant to act as a representative with respect to this appeal on his or her
behall and I understand that I may be asked to produce this authorization at any time.
02 Rev. 01/2312007 Page 2 01 5
Part 5: Appeal Specific Information
1. Please provide the Municipal File Number:
2.
Please refer to attached Notice of Appeal Letter
3. Provide a brief explanatory note regarding the proposed use of the land and a description of the lands under appeal:
""If more space is required please continue in Part 8 or attach a separate page.
Please refer to attached Notice of Appeal Letter
Part 6: Related Matters
Are there other appeals not yet filed '!fith the Municipality?
Are there other planning matters related to this appeal?
YES r
YES R'
NO P'
NO r
If yes, please provide OMS Reference Number(s) and/or Municipal File Number(s) in the box below:
(Please Print)
Zoning By-law Amendment and Official Plan Amendment
02 Rev. 01/23/2007
Page 3015
Part 7: Scheduling Information .
How many days do you estimate are needed for hearing this appeal? r half day r 1 day r 2 days r 3 days
r 4 days p 1 week r More than 1 week - please specify number of days:
How many witnesses do you expect to have at the hearing? 2
Describe witness(es)' area of expertise: Land Use Planner and Environmental Consultant
Do you believe this matter would benefit from a Prehearing Conference? YES
If yes, why?
r
NO P
Part 8: Other Applicable Information" Attach a separate page if more space is required.
~
02 Rev. 01/2312007
Page 4 of 5
r:7 I confirm that I have attached the following items to this form.
Signature of Appellant/Representative: fA. ~ Date: Rp~ \ n.oC:!~<,
The following material must be attached to this form where applicable, in the order
which it is listed:
rI A copy of the application for site plan approval.
r7 Soard fee of $125 made payable to the Minister of Finance. The appea; will not be processed without this fee.
r7
A copy of any plans, drawings or agreements which are the subject of this referral.
r7
A copy of any planning report considered by Council.
If applicable, a copy of the decision of the approval authority. (N;" - 00 C\ec.6,ce,)
r
F7
An affidavit or sworn declaration by the landowner certifying that copies of all material listed above, as well as a copy of
this form, have been sent to the approval authority having jurisdiction to approve the site plan and that the approval
authority has been informed of the fili ng of this referral.
Part 10: Re uired Fee .
Total Fee Submitted: $ 125
Payment Method:
P Certified cheque" (Firm's Cheque)
r Money Order
r
Cash - Do not send cash in the mail. If you are submitting your appeal to the OMS in
person, you may pay with cash.
. The payment must be in Canadian funds, payable to the Minister of Finance.
· Do not send cash by mail.
'Or Solicitor's general or trust account cheque.
02 Rev. 01/23/2007
Page 5 015