DEVRY SMITH FRANK LLP - CivicWeb

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david. white@devry/aw.ca 416-446-3330 February 26, 2018 DEVRY SMITH FRANK LLP Lawyers & Mediators Our File No.: GREW0851 By E-mail: mark.early@townofmono.com and By Purolator Courier TOWN OF MONO 34 7209 Mono Centre Road Mono, ON L9W 6S3 Attention: Mr. Mark Early, CAO/Clerk Dear Mr. Early: Re: NOTICE OF APPEAL Subject Property: Part of Lots 30, 31 and 32, Concession 4 E.H.S. Appeal of Official Plan Amendment 2016-01 Appeal of Zoning By-law Amendment 2016-02 Our client: Greenwood Aggregates Limited I represent Greenwood Aggregates Limited in the above-noted matter, and I enclose two Notice of Appeals for the refusal by Council of the Application for Official Plan Amendment 2016-01 and Application for an amendment to the Zoning By-law 2016-02, pursuant to section 22(7) and 34(11) of the Planning Act. I also enclose our firm cheque made payable to the Minister of Finance in the amount of $600.00 for the filing fees. Please acknowledge receipt of this appeal and we request that this appeal be forwarded to the Ontario Municipal Board. Yours truly, David S. White, Q.C. DSW/jrg Encl. Toronto \ Barrie \ Whitby 95 Barber Greene Rd., Suite 100, Toronto, ON, M3C 3E9, Tel: 416-449-1400, Fax: 416-449-lec;, www.devrylaw.ca INDEPENDENT MEMBER

Transcript of DEVRY SMITH FRANK LLP - CivicWeb

david. white@devry/aw.ca 416-446-3330

February 26, 2018

DEVRY SMITH FRANK LLP Lawyers & Mediators

Our File No.: GREW0851

By E-mail: [email protected] and By Purolator Courier

TOWN OF MONO 34 7209 Mono Centre Road Mono, ON L9W 6S3

Attention: Mr. Mark Early, CAO/Clerk

Dear Mr. Early:

Re: NOTICE OF APPEAL Subject Property: Part of Lots 30, 31 and 32, Concession 4 E.H.S. Appeal of Official Plan Amendment 2016-01 Appeal of Zoning By-law Amendment 2016-02 Our client: Greenwood Aggregates Limited

I represent Greenwood Aggregates Limited in the above-noted matter, and I enclose two Notice of Appeals for the refusal by Council of the Application for Official Plan Amendment 2016-01 and Application for an amendment to the Zoning By-law 2016-02, pursuant to section 22(7) and 34(11) of the Planning Act.

I also enclose our firm cheque made payable to the Minister of Finance in the amount of $600.00 for the filing fees.

Please acknowledge receipt of this appeal and we request that this appeal be forwarded to the Ontario Municipal Board.

Yours truly,

David S. White, Q.C. DSW/jrg Encl.

Toronto \ Barrie \ Whitby � 95 Barber Greene Rd., Suite 100, Toronto, ON, M3C 3E9, Tel: 416-449-1400, Fax: 416-449-lec;,

www.devrylaw.ca INDEPENDENT MEMBER

• • • • • • • • • • • • • • • • Ill • • • • • • • • • • • ff • • • • • • • • • • • • • • • • • • • "' "' •• .. •

DEVRV SMITH FRANK LLP LAWYERS & MEDIATORS

05 BARBER GREENE ROAD, SUITE 100 TORONTO, ONTARIO M3C 3E9

***Six hundred and 00/100 dollars ****

PAY TOTHE Minister of Finance ORDER OF

2018-2-26 $600.00

FRANK LLP - GENERAL ACCOUNT Cl

AUTHORIZED SIGNATURE

Ontario

Environment and Land Tribunals Ontario Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto ON M5G 1 E5 Telephone: 416-212-6349 Toll Free: 1-866-448-2248 Fax: 416-326-5370 Website: www.elto.gov.on.ca

Appellant Form (A1)

Receipt Number (OMB Office Use Only)

Date Stamp - Appeal Received by Municipality

1. Appeal Type (Please check all applicable boxes) *

Subject of Appeal Type of Appeal Act Reference (Section)

Planning Act Matters

D Appeal a decision by local council that adopted an OP or OPA (exempt from 17(24) approval by Minister or Approval Authority)

Official Plan or D Appeal a decision of an Approval Authority that approved or did not approve 17(36) Official Plan all or part of a plan or amendment Amendment D Approval Authority failed to make a decision on the plan within 180 days 17(40)

D Council failed to adopt the requested amendment within 180 days 22(7) 0 Council refused the requested amendment

D Appeal the passing of a Zoning By-law 34(19)

Zoning By-law or D Application for an amendment to the Zoning By-law - failed to make a Zoning By-law decision on the application within 120 days Amendment 34(11)

D Application for an amendment to the Zoning By-law - refused by the municipality

Interim Control D Appeal the passing of an Interim Control By-law 38(4) Zoning By-law

Minor Variance D Appeal a decision of the Committee of Adjustment that approved or refused 45(12) the application

D Appeal a decision that approved or refused the application

D Appeal conditions imposed 53(19)

Consent/Severance D Appeal changed conditions 53(27)

D Application for consent - Approval Authority failed to make a decision on the 53(14) application within 90 days

D Application for a plan of subdivision - Approval Authority failed to make a 51(34) decision on the plan within 180 days

D Appeal a decision of an Approval Authority that approved a plan of subdivision

D Appeal a decision of an Approval Authority that did not approve a plan of 51(39) Plan of Subdivision subdivision

D Appeal a lapsing provision imposed by an Approval Authority

D Appeal conditions imposed by an Approval Authority

D Appeal conditions - after expiry of 20 day appeal period but before final 51(43) approval (only applicant or public body may appeal)

D Appeal changed conditions 51(48) 3049E (2017/04) Page 2 of 6

Subject of Appeal Type of Appeal

Development Charges Act Matters

Act Reference (Section)

Development Charge D Appeal a Development Charge By-law 14 By-law D Appeal an amendment to a Development Charge By-law 19(1)

Development Charge D Appeal municipality's decision regarding a complaint 22(1) Complaint D Failed to make a decision on the complaint within 60 days 22(2)

Front-ending D Objection to a front-ending agreement 47 Agreement D Objection to an amendment to a front-ending agreement 50

Education Act Matters

Education D Appeal an Education Development Charge By-law 257.65 Development Charge By-law D Appeal an amendment to an Education Development Charge By-law 257.74(1)

Education D Appeal approval authority's decision regarding a complaint 257.87(1) Development Charge Complaint D Failed to make a decision on the complaint within 60 days 257.87(2)

Aggregate Resources Act Matters

D One or more objections against an application for a 'Class A' aggregate removal licence 11 (5)

D One or more objections against an application for a 'Class B' aggregate removal licence

D Application for a 'Class A' licence - refused by Minister 11 (11) D Application for a 'Class B' licence - refused by Minister

Aggregate Removal D Changes to conditions to a licence 13(6) Licence D Amendment of site plans 16(8)

D Minister proposes to transfer the licence - applicant does not have licensee's consent

D Minister proposes to refuse transfer of licence - applicant is licensee or has 18(5) licensee's consent to transfer

D Minister proposes to refuse transfer of licence - applicant does not have licensee's consent to transfer

D Revocation of licence 20(4)

Municipal Act Matters

D Appeal the passing of a by-law to divide the municipality into wards

Ward Boundary D Appeal the passing of a by-law to redivide the municipality into wards 222(4) By-law

D Appeal the passing of a by-law to dissolve the existing wards

Ontario Heritage Act Matters

D Appeal the passing of a by-law designating a heritage conservation study 40_ 1 (4) Heritage area 1--����������������������������t--�������- C on s e rv at ion District D Appeal the passing of a by-law designating a heritage conservation district 41 (4)

3049E (2017/04) Page 3 of 6

Subject of Appeal AcULegislation Name

Other Matters

Section Number

2. Location Information

Address and/or Legal Description of property subject to the appeal * PART LOTS 30, 31 & 32, CONCESSION 4 E.H.S.

Municipality * TOWN OF MONO Upper Tier (Example: county, district, region) DUFFERIN COUNTY

3. Appellant/Objector Information

Note: You must notify the OMB of any change of address or telephone number in writing. Please quote your OMB Case/File Number(s) after they have been assigned.

Last Name I First Name

Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) * Greenwood Aggregates Limited Professional Title

Email Address

Daytime Telephone Number* ext.

Alternate Telephone Number Fax Number

Mailing Address Unit Number

City/Town*

Street Number * Street Name * PO Box

Postal Code *

0 I hereby authorize the named company and/or individual(s) to represent me

Last Name I First Name WHITE _ DAVID S. Company Name DEVRY SMITH FRANK LLP Professional Title LAWYER Email Address [email protected] Daytime Telephone Number 416-446-3330 ext.

Mailing Address

Alternate Telephone Number 416-446-5811

Fax Number 416-449-7071

Unit Number Street Number Street Name PO Box 100 95 BARBER GREENE ROAD City/Town Province Country Postal Code TORONTO ON CANADA M3C 3E9

3049E (2017/04) Page4 of6

Note: If you are representing the appellant and are not a solicitor, please confirm that you have written authorization, as required by the OMB's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below.

D 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.

5. Appeal Specific Information

Municipal Reference Number(s) OPA 2016-01

Outline the nature of your appeal and the reasons for your appeal * COUNCIL REFUSED THE REQUESTED OFFICIAL PLAN AMENDMENT. A COPY OF THE NOTICE OF REFUSAL DATED FEBRUARY 23, 2018 IS A TI ACHED.

Oral/written submissions to council

Did you make your opinions regarding this matter known to council?

0 Oral submissions at a public meeting 0 Written submissions to council

Planning Act matters only Applicable only to official plans/amendments, zoning by-laws/amendments and minor variances that came into effect/were passed on or after July 1, 2016 (Bill 73)

Is the 2-year no application restriction under section 22(2.2) or 34(10.0.0.2) or 45(1.4) applicable?

0Yes 0No

6. Related Matters

Are there other appeals not yet filed with the Municipality?

0Yes 0No

Are there other matters related to this appeal? (For example: A consent application connected to a variance application)

0Yes 0No T

If yes, please provide OMB Reference Number(s) and/or Municipal File Number(s) ZONING BY-LAW AMENDMENT 2016-02

7. Scheduling Information

How many days do you estimate are needed for hearing this appeal?

D 1 day D 2 days D 3 days D 4 days D 1 week

0 More than 1 week � Please specify number of days

3049E (2017/04) Page 5 of6

How many expert witnesses and other witnesses do you expect to have at the hearing providing evidence/testimony? FIVE WITNESSES

Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.) LAND USE PLANNER, AGGREGATE SPECIALIST, ENVIRONMENTAL CONSULTANT, TRAFFIC CONSULTANT, AND HYDROGEOLOGIST

Do you believe this matter would benefit from mediation? (Prior to scheduling a matter for mediation, the OMB will conduct an assessment to determine its suitability for mediation)

El Yes 0No

8. Required Fee

Total Fee Submitted * $ 300

Payment Method * � D Certified cheque

9. Declaration

D Money Order E] Solicitor's general or trust account cheque

I solemnly declare that all of the statements and the information provided, as well as any supporting documents are true, correct and complete.

Name of AppellanURepresentative

DAVIDS. WHITE, Q.C.

Signature of AppellanURepres ative

�-�

Date (yyyy/mm/dd)

2018/02/26

Personal information requested on this form · collected under the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c. 0. 28 as amended. After an appeal is filed, all information relating to this appeal may become available to the public.

3049E (2017/04) Page 6 of6

February 23, 2018

NOTICE OF REFUSAL OF

OFFICIAL PLAN AMENDMENT FILE OPA 2016-01

TO PERMIT A CLASS "A" CATEGORY 3 AGGREGATE EXTRACTION PIT

S GREENWOOD HOLDINGS LIMITED and 1682843 ONT ARIO LIMITED

(GREENWOOD AGGREGATES LIMITED) PART OF LOTS 30, 31 AND 32, CONCESSION 4 EHS

In accordance with Section 22(6.6) of the Planning Act, take notice that proposed Official Plan Amendment File OPA 2016-01 was REFUSED by Council of the Corporation of the Town of Mono on the 13th day of February, 2018.

THE PURPOSE AND EFFECT of the Application was to obtain required land use designations that, if approved, would permit a proposed Class "A" Category 3 Aggregate Extraction Pit Licenced Operation on the above lands, abutting the south side of Highway 89 between 3rd and 4th Lines in the Town of.Mono.

Town of Mono Council held a Statutory Public Meeting, pursuant to Section 22 of the Planning Act, on January 24, 2018 and further deliberated on February 13th, 2018. Council considered submissions made by the Applicant, both written and oral, as well as all other written and oral comments received in relation to the Application. Council made a decision to refuse the Application based on the presentations made, written and verbal comments in opposition, the recommendation of the Town of Mono Planning and Environmental Advisory Committee to deny the Application, comments from Provincial Agencies, and from the Mono Peer Review Team who reviewed all reports received from the Applicant. Accordingly, Town of Mono Council refused the Application on February 131\ 2018.

Council's decision to refuse this Application was based on the deficiencies in the technical reports submitted by the Applicant and reviewed by the Town; a Development Permit has not been approved by the Niagara Escarpment Commission; the Planning Act requires Council to make a decision within 180 days; and, further, Council stated that the Application does not represent good planning and is not appropriate in this area of the community.

A person or public body that requested the amendment may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment, by filing a notice of appeal with the Clerk of the Town of Mono. No person or public body shall be added as a party to the hearing of the appeal unless, before the requested amendment was refused, the person or public body made oral submissions at a public meeting or written submissions to the Town, or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. The Minister of Municipal Affairs and Housing, together with the County of Dufferin as the approval authority, also have the statutory right of appeal.

The last day that this Council decision may be appealed to the Ontario Municipal B ard (OMB) is THURSDAY. MARCH 1S111, 2018. A Notice of Appeal on the prescribed form must be flied with the Clerk of the Town setting out the reasons for appeal accompani.ed by the fee of $300.00 by certified cheque or money order payable to the Minister of Finance. If you wish to appeal to the OMB, the appeal form is available from the OMB website at www.omb.gov.on.ca or available at the Town of Mono municipal office.

The decision of Council of the Town of Mono is final if Notice of Appeal is not received on or before the last day for filing a notice of appeal.

Alternate formats of thi · Notice are available upon request. Comments and opinions submitted on this matter, including the originator's name, address and/or email address, become part of the public record, may be viewed by the general public, and may be published in various Municipal reports, documents, and/or agencies.

Mark Early, CAO/Clerk Town of Mono, 347209 Mono Centre Road

MONO ON L9W 6S3 (519) 941-3599 Ext 226

[email protected] www.townofmono.com

� Ontario

Environment and Land Tribunals Ontario Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto ON M5G 1 E5 Telephone: 416-212-6349 Toll Free: 1-866-448-2248 Fax: 416-326-5370 Website: www,elto.gov.on,ca

Appellant Form (A1)

Receipt Number (OMS Office Use Only)

Date Stamp - Appeal Received by Municipality

1. Appeal Type (Please check all applicable boxes)*

Subject of Appeal Type of Appeal Act Reference (Section)

Planning Act Matters

D Appeal a decision by local council that adopted an OP or OPA (exempt from 17(24) approval by Minister or Approval Authority)

Official Plan or D Appeal a decision of an Approval Authority that approved or did not approve 17(36) Official Plan all or part of a plan or amendment Amendment D Approval Authority failed to make a decision on the plan within 180 days 17(40)

D Council failed to adopt the requested amendment within 180 days 22(7) D Council refused the requested amendment

D Appeal the passing of a Zoning By-law 34(19)

Zoning By-law or D Application for an amendment to the Zoning By-law - failed to make a Zoning By-law decision on the application within 120 days Amendment 34(11)

0 Application for an amendment to the Zoning By-law - refused by the municipality

Interim Control D Appeal the passing of an Interim Control By-law 38(4) Zoning By-law

Minor Variance D Appeal a decision of the Committee of Adjustment that approved or refused 45(12) the application

D Appeal a decision that approved or refused the application

D Appeal conditions imposed 53(19)

ConsenUSeverance D Appeal changed conditions 53(27)

D Application for consent - Approval Authority failed to make a decision on the 53(14) application within 90 days

D Application for a plan of subdivision - Approval Authority failed to make a 51(34) decision on the plan within 180 days

D Appeal a decision of an Approval Authority that approved a plan of subdivision

D Appeal a decision of an Approval Authority that did not approve a plan of 51(39) Plan of Subdivision subdivision

D Appeal a lapsing provision imposed by an Approval Authority

D Appeal conditions imposed by an Approval Authority

D Appeal conditions - after expiry of 20 day appeal period but before final 51(43) approval (only applicant or public body may appeal)

D Appeal changed conditions 51(48), 3049E (2017/04) Page 2 of 6

Subject of Appeal Type of Appeal

Development Charges Act Matters

Act Reference (Section)

Development Charge D Appeal a Development Charge By-law 14 By-law D Appeal an amendment to a Development Charge By-law 19(1)

Development Charge D Appeal municipality's decision regarding a complaint 22(1) Complaint D Failed to make a decision on the complaint within 60 days 22(2)

Front-ending D Objection to a front-ending agreement 47 Agreement D Objection to an amendment to a front-ending agreement 50

Education Act Matters

Education D Appeal an Education Development Charge By-law 257.65 Development Charge By-law D Appeal an amendment to an Education Development Charge By-law 257.74(1)

Education D Appeal approval authority's decision regarding a complaint 257.87(1) Development Charge Complaint D Failed to make a decision on the complaint within 60 days 257.87(2)

Aggregate Resources Act Matters

D One or more objections against an application for a 'Class A' aggregate removal licence 11 (5)

D One or more objections against an application for a 'Class B' aggregate removal licence

D Application for a 'Class A' licence - refused by Minister 11(11) D Application for a 'Class B' licence - refused by Minister

Aggregate Removal D Changes to conditions to a licence 13(6) Licence D Amendment of site plans 16(8)

D Minister proposes to transfer the licence - applicant does not have licensee's consent

D Minister proposes to refuse transfer of licence - applicant is licensee or has 18(5) licensee's consent to transfer

D Minister proposes to refuse transfer of licence - applicant does not have licensee's consent to transfer

D Revocation of licence 20(4)

Municipal Act Matters

D Appeal the passing of a by-law to divide the municipality into wards

Ward Boundary D Appeal the passing of a by-law to redivide the municipality into wards 222(4) By-law

D Appeal the passing of a by-law to dissolve the existing wards

Ontario Heritage Act Matters

D Appeal the passing of a by-law designating a heritage conservation study 40_ 1 (4) Heritage area 1--����������������������������--�������- C on s e rv at ion District D Appeal the passing of a by-law designating a heritage conservation district 41 (4)

3049E (2017/04) Page 3 of 6

Subject of Appeal AcULegislation Name

Other Matters

Section Number

2. Location Information

Address and/or Legal Description of property subject to the appeal * PART LOTS 30, 31 & 32, CONCESSION 4 E.H.S.

Municipality * TOWN OF MONO Upper Tier (Example: county, district, region) DUFFERIN COUNTY

3. Appellant/Objector Information

Note: You must notify the OMB of any change of address or telephone number in writing. Please quote your OMB Case/File Number(s) after they have been assigned.

Last Name I First Name

Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) * Greenwood Aggregates Limited Professional Title

Email Address

Daytime Telephone Number* ext.

Alternate Telephone Number Fax Number

Malling Address Unit Number

Cityrrown *

Street Number * Street Name * PO Box

Postal Code *

0 I hereby authorize the named company and/or individual(s) to represent me

Last Name I First Name WHITE . DAVIDS. Company Name DEVRY SMITH FRANK LLP Professional Title LAWYER Email Address david. [email protected] Daytime Telephone Number 416-446-3330 ext.

Alternate Telephone Number 416-446-5811

Fax Number 416-449-7071

Mailing Address Unit Number 100

City/Town TORONTO

3049E (2017/04)

I Street Number 95 I

Street Name BARBER GREENE ROAD

Province ON

Country CANADA

PO Box

Postal Code M3C 3E9

Page4 of 6

Note: If you are representing the appellant and are not a solicitor, please confirm that you have written authorization, as required by the OMB's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below.

D 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.

5. Appeal Specific Information

Municipal Reference Number{s) ZBLA 2016-02

Outline the nature of your appeal and the reasons for your appeal * COUNCIL REFUSED THE REQUESTED ZONING AMENDMENT. A COPY OF THE NOTICE OF REFUSAL DATED FEBRUARY 23, 2018 IS ATTACHED.

Oral/written submissions to council

Did you make your opinions regarding this matter known to council?

0 Oral submissions at a public meeting 0 Written submissions to council

Planning Act matters only Applicable only to official plans/amendments, zoning by-laws/amendments and minor variances that came into effect/were passed on or after July 1, 2016 (Bill 73)

Is the 2-year no application restriction under section 22(2.2) or 34(10.0.0.2) or 45(1.4) applicable?

0Yes D No

6. Related Matters

Are there other appeals not yet filed with the Municipality?

(Z]Yes 0No

Are there other matters related to this appeal? (For example: A consent application connected to a variance application)

(Z]Yes 0No T

If yes, please provide OMB Reference Number(s) and/or Municipal File Number(s) OPA 2016-01

7. Scheduling Information

How many days do you estimate are needed for hearing this appeal?

D 1 day D 2 days D 3 days D 4 days D 1 week

0 More than 1 week ..,.. Please specify number of days

3049E (2017104) Page 5 of 6

How many expert witnesses and other witnesses do you expect to have at the hearing providing evidence/testimony? FIVE WITNESSES

Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.) LAND USE PLANNER, AGGREGATE SPECIALIST, ENVIRONMENTAL CONSULTANT, TRAFFIC CONSULTANT, HYDROGEOLOGIST

Do you believe this matter would benefit from mediation? (Prior to scheduling a matter for mediation, the OMB will conduct an assessment to determine its suitability for mediation)

[2]Yes 0No

8. Required Fee

Total Fee Submitted* $ 300

Payment Method * � D Certified cheque

9. Declaration

D Money Order 0 Solicitor's general or trust account cheque

I solemnly declare that all of the statements and the information provided, as well as any supporting documents are true, correct and complete.

Name of AppellanURepresentative

DAVID $.WHITE, Q.C. Date (yyyy/mm/dd)

2018/02/26

Personal information requested on this form is-eel c ed under the provisions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c. 0. 28 as amended. After an appeal is filed, all information relating to this appeal may become available to the public.

3049E (2017/04) Page 6 of 6

February 23, 2018

NOTICE OF REFUSAL OF

ZONING BYLAW AMENDMENT FILE ZBA 2016-02

TO PERMIT A CLASS "A" CATEGORY 3 AGGREGATE EXTRACTION PIT

S GREENWOOD HOLDINGS LIMITED and 1682843 ONT ARIO LIMITED

(GREENWOOD AGGREGATES LIMITED) PART OF LOTS 30, 31 AND 32, CONCESSION 4 EHS

In accordance with Section 34(10.9) of the Planning Act, take notice that proposed Zoning Bylaw Amendment File ZBA 2016-02 was REFUSED by Council of the Corporation of the Town of Mono on the 13th day of February, 2018.

THE PURPOSE AND EFFECT of the Application was to obtain required zoning classifications that, if approved, would permit a proposed Class "A" Category 3 Aggregate Extraction Pit Licenced Operation on the above lands, abutting the south side of Highway 89 between 3rd and 4th Lines in the Town of Mono.

Town of Mono Council held a Statutory Public Meeting, pursuant to Section 34 of the Planning Act, on January 24, 2018 and further deliberated on February 13th, 2018. Council considered submissions made by the Applicant, both written and oral, as well as all other written and oral comments received in relation to the Application. Council made a decision to refuse the Application based on the presentations made, written and verbal comments in opposition, the recommendation of the Town of Mono Planning and Environmental Advisory Committee to deny the Application, comments from Provincial Agencies, and from the Mono Peer Review Team who reviewed all reports received from the Applicant. Accordingly, Town of Mono Council refused the Application ori February 13th, 2018.

Council's decision to refuse this Application was based on the deficiencies in the technical reports submitted by the Applicant and reviewed by the Town; a Development Permit has not been approved by the Niagara Escarpment Commission; the Planning Act requires Council to make a decision within 180 days; and, further, Council stated that the Application does not represent good planning and is not appropriate in this area of the community.

The applicant or the Minister of Municipal Affairs and Housing may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment, by filing a notice of appeal with the Clerk of the Town of Mono. No person or public body shall be added as a party to the hearing of the appeal unless, before the requested amendment was refused, the person or public body made oral submissions at a public meeting or written submissions to the council, or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party.

The last day that this Council decision may be appealed to the Ontario Municipal Board (OMB) is THUR DAY, MARCH 15Tll, 2018. A Notice of Appeal on the prescribed form must be filed with the Clerk of the Town setting out the reasons for appeal, accompanied by the fee of $300.00 by certified cheque or money order payable to the Minister of Finance. If you wish to appeal to the OMB, the appeal form is available from the OMB website at www.omb.gov.on.ca or available at the Town of Mono municipal office. The Minister of Municipal Affairs and Housing, together with the County of Dufferin as the approval authority, also have the statutory right of appeal.

The decision of Council of the Town of Mono is final if Notice of Appeal is not received on or before the last day for filing a notice of appeal.

Alternate formats of this Notice are available upon request. Comments and opinions submitted on. this matter, including the originator's name, address and/or email address, become part of the public record, may be viewed by the general public, and may be published in various Municipal reports, documents, and/or agencies.

Mark Early, CAO/Clerk Town of Mono, 347209 Mono Centre Road

MONO ON L9W 6S3 (519) 941-3599 Ext 226

[email protected] www.townofmono.com