Loading...
HomeMy WebLinkAboutPSD-062-08 Q![J1Jglon 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 ~- .. o () l'Il 'C~ l'Il C c .2 l'Il- () U ::I c<( .2 0 -- U ::I ::1<( <(- l'Il U III l'Il CD Q. 'C E <(:::,. - c CD E 'C C .... CD g~ o c . l'Il ....- oil.. o- N .~ <c .!:! 0.= 00 (.) g - Cl C I- Z W == 100 NZ OW 0== .<( ~~ ~:5 <c> a31X1 NO Z Z o N .. u ;: ::I o o - Q, .. ::E c .2 - .. u o ....I ~ .. Q, o ~ l>. Iii w c:: .... (J) ~ g '" .;.: C l'Il .!:! Q. Q. <( .. l'Il () ~ ~ Lor J 0 I TRU~I ROAD IM_T. II... . ~ ~.. . . . . , . . . . . . - . . . . ~ . ~ ~ .. 'I '. .. o [ j 1 ": ') 'I ::. r ') "' I I') 'l ~~~~'::.ll,/"'II lor 3 7 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~ '\i It Please refer to: Matthew Rea e-mail:.l1lqtthewr@<;lavieshowe.com p/!:lJ'h":.::- i I. i.. ~ ...' j' , , , April 9, 2008 Bv Courier t~~ q.., Ms. Patti L. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LlC 3A6 f;. , i ..J ! ....--1' DoC) CDPft~'~C:ib7-0007 Dear Ms. Barrie: i i 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 D.. ll.~ ACK. f1( OIllGlftAL TO: IESTO: " - ... ..... p'!-- . .... ,.J~,.~@.::... '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