BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD.._F1U;

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1 TRANSMITTAL BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD.._F1U; DURHAM REGION PLANNING RECEIVED JUL _u,_. Sent By: DMail OCourier Hand Delivered CPicked up Dmail Date: To: RE: TBG Project Name: July 10 1 \ 2011 Region of Durham Planning and Economic Development Planning Division 605 Rossland Road East Whitby, ON L 1 N 6A3 Attention: Mr. B.E. Bridgeman, MCIP, APP, Commissioner of Planning and Economic Development Notice of 0MB Appeal - Amendment No. 107 to the Clarington Official Plan 5075 Holt Road, Hampton, ON Part of Lot 20, Concession 5, the Geographic Township of Darlington, Municipality of Clarington - Bill Morrison TBG Project Number: Please find enclosed the following: },>, },>, },>, },>, One (1) 0MB Appeal Form One (1) The Biglieri Group Ltd. Letter One (1) Certified Cheque in the amount of $ payable to the Minister of Finance (from Ontario Limited) One (1) Authorization Form with Bill Morrison's signature on it (authorizing The Biglieri Group Ltd. to act as his representative) Comments: Should you have any questions or comments, please do not hesitate to contact us. Brayden Libawski, BA Junior Planner PLANNING I DEVELOPMENT I PROJECT MANAGEMENT 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Office: (416) Fax: (416) tbg@thebiglierigroup.com

2 DURMAM REGION PLANNING RECEIVED -- rrr:iijti"" BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD. fi'iij;# JUL G.UJ?.IF.S:.T.O - r July 1 o th, 2017 Regional Municipality of Durham Planning and Economic Development Department Planning Division 605 Rossland Road East P.O. Box 623 Whitby, Ontario, L 1 N 6A 3 Attention: Mr. B.E. Bridgeman, MCIP, APP, Commissioner of Planning and Economic Development Dear Mr. Bridgeman, RE: Notice of 0MB Appeal - Amendment No. 107 to the Clarington Official Plan 5075 Holt Road, Municipality of Clarington, Ontario Part of Lot 20, Concession 5, the Geographic Township of Darlington, Municipality of Clarington TBG Project No We represent Ontario Limited, the owner of the property located in the community of Hampton, on the north side of Taunton Road, east of Holt Road. The Subject Site is municipally referred to as 5075 Holt Road, Hampton Ontario. The property is legally described as Part of Lot 20, Concession 5 in the geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham (the "Subject Site"). On June 19, 2017, the Regional Municipality of Durham approved Amendment No. 107 to the Municipality of Clarington Official Plan ("OPA 107"). OPA 107 redesignates the Subject Site from General Agricultural Area and Significant Woodland to Prime Agricultural Area and Environmental Protection. On behalf of Ontario Limited, we submit this formal appeal of the designation of Prime Agricultural under OPA 107. It should be noted that a portion of the Subject Site was designated Environmental Protection under OPA 107, and we are not appealing that designation (Figure 1). Figure 1: OPA Land Use Amendments, West Clarington North Aural Area I I.., HIGHWAY 41 _ LAND USE AMENDMENTS WEST CLARINGTON NORTH RURAL AREA ADOPTED OFFICIAL PLAN MUNICIPALITY OF CLARINGTON NOVEMOCR 2010 = «>mgeneralagricultal - cnangc From Geooral Agocoltufaf To Pnme A.gricufture Remains Envitonmeotal Protection - ::, ;11 : Space (:: J Remains Hamiel l!z.za 1 FromGel\ClalAgoculturtl - Chi!lnge From Green Spac:e To Rural PLANNING I DEVELOPMENT I PROJECT MANAGEMENT 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Office: (416) Fax: (416) tbg@thebigllerigroup.com

3 THE BIGLIERI Gl OUP UO. 2 BACKGROUND On August 29, 2016, The Biglieri Group submitted a Planning Rationale Report to the Municipality of Clarington requesting that the Subject Site be redesignated from Prime Agricultural to Hamlet in the proposed OPA 107. The supporting Planning Rationale Report provided planning justification for a "minor rounding out" of the Hamlet designation for Hampton to include future residential development on the subject site. A follow-up submission was made on September 26, In addition to a detailed policy and regulatory context review (including the Provincial Policy Statement, 2014; the Growth Plan for the Greater Golden Horseshoe, 2006; the Greenbelt Plan, 2005; the Region of Durham Official Plan, 2013; the Municipality of Clarington Official Plan, 2014; and the Municipality of Clarington Zoning Bylaw No ), the Planning Rationale Report also covered: Transportation and Traffic Impact, Environmental Impact and Site Grading and Servicing. Oral submissions were made to the Special Planning and Development Committee of the Municipality of Clarington on October 24th, 2016 by The Biglieri Group Ltd. An oral deputation (3.19 in the Meeting Minutes) and a written submission (#WS-43) were also made in regards to Report PSD , respectfully disagreeing with Staff's recommendations to designate the Subject Site as Prime Agricultural under proposed Clarington OPA 107. Staff provided the following Recommendation to Council (Section 9.28): "That the expansion requested by Ontario Ltd. is not a minor rounding out but a significant expansion, that it is not physically connected due to the hamlet by an intervening woodlot. Moreover, this request is for a residential designation immediately beside the Marksman Club, an indoor gun club, which may present a noise concern for upscale housing." On June 19, 2017, the Regional Municipality of Durham approved OPA 107. PLANNING RATIONALE The Subject Site has an area of approximately acres (16.6 hectares). The site has an open area of approximately acres (14.69 hectares), and a wooded area of approximately 4. 7 acre (1.9 hectares) extending eastward at the northeast corner. It has a frontage of approximately metres along Holt Road, and approximately metres along Taunton Road (Figure 2). A 1-storey, single family residential dwelling has occupied the property since The Subject Site is not actively farmed for agricultural crops but has been historically used for agricultural crop production. Topographically, the Subject Site generally slopes from north to south, with an approximately 5 metre variation, and a gentle swale running through the middle of the site from north to south. The Planning Rationale Report was prepared to provide planning justification for a "minor rounding out" of the Hamlet designation to include a portion of the subject site, excludes the lands that are Environmental Protection under OPA 107. The proposed minor rounding out of the Hamlet designation for Hampton to include the Subject Site conforms to the Provincial Policy Statement, Places to Grow Act, Greenbelt Plan, Regional Official Plan and the policies specific to Hamlet expansions Clarington Draft Official Plan The proposed development represents a logical extension of the community of Hampton and is better suited for low density residential expansion than other lands which are more remote within existing Hamlets in the Municipality of Clarington. The proposed development has no impact on surrounding agricultural uses and is well suited given the low agricultural potential on the Subject Site. Figure 2: Subject Site

4 THE BIGLIERI GROUP LTD. 3 The Agricultural Review prepared by VDV Consulting in 2006 which supported a previous development application on the site confirmed that the agricultural potential of the Subject Site is very limited. regardless of the high capability of the soil. This is due to the Subject Site's low tillable area and the requirements set out in MOS II, making it highly unlikely that the Subject Site would be able to produce any capital or production gain as an agricultural land. We are requesting that a total portion of the site area of acres with frontage on Holt Road and Taunton Road be redesignated Hamlet in the Clarington Official Plan The remaining 4.7 acres of woodlot would remain within the proposed Environmental Protection designation of the Clarington Official Plan, which is also designated as Natural Heritage System under the Greenbelt Plan. As part of the Official Plan review, the Municipality of Clarington prepared the Countryside Discussion Paper (August, 2013) to evaluate the effectiveness of rural and agricultural Official Plan policies in achieving Municipal goals and objectives identified. This background paper indicated that as part of the Official Plan Review there is opportunity for minor rounding out of Hamlets in the Greenbelt, dependent on the refined boundaries of the natural heritage system being approved. The Countryside Discussion Paper also indicated that proponents for rounding out Hamlets such as Hampton, need to provide the necessary documentation to address the existing Rural Settlement Area policies of the Official Plan. These policies were addressed in detail in the Planning Rationale Report provided to support the application for the subject site. For the reasons listed above, it is our respectful opinion that the proposed "minor rounding out" of the Hamlet designation for Hampton to include the Subject Site and the redesignation from Prime Agricultural to Hamlet, conforms to the Provincial Policy Statement, Places to Grow Act, Greenbelt

5 " i- THE BIGLIERI GROUP LTD. 4 Plan, Regional Official Plan and the policies specific to Hamlet expansions in the Clarington Draft Official Plan Enclosed with this Notice of Appeal is a certified cheque in the amount of $300.00, payable to the Minister of Finance, representing the filing fee associated with processing this appeal along with the 0MB Appeal form. In addition, please find enclosed authorization from Ontario Limited for The Biglieri Group to submit this Notice of 0MB Appeal on their behalf. Kindly confirm receipt of this Notice of Appeal by reply to the undersigned. We respectfully request that you provide us with notice of any meetings, hearings or other proceedings involving the subject matter of this appeal. Should you have any questions or require anything further, please do not hesitate to contact the undersigned. Respectfully, THE BIGLIERI GROUP LTD. Anthony Biglieri, MCIP, RPP Principal Cc: Mr. Bill Morrison, Ontario Limited Mr. David Crome, Planning Director, Municipality of Clarington

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7 Ontario Environment and Land Tribunals Ontario Ontario Municipal Board 655 Bay Street, Suite 1500 Toronto ON MSG 1 E5 Telephone: Toll Free: Fax: Website: Appellant Form (A 1) Receipt Number (0MB Office Use Only) Date Stamp - Appeal Received by Municipality 1. Appeal Type (Please check all applicable boxes) * Subject of Appeal Official Plan or Official Plan Amendment Zoning By-law or Zoning By-law Amendment Interim Control Zoning By-law Minor Variance Consent/Severance Plan of Subdivision 3049E (2017/04) Type of Appeal Planning Act Matters D Appeal a decision by local council that adopted an OP or OPA (exempt from approval by Minister or Approval Authority) [Z] Appeal a decision of an Approval Authority that approved or did not approve all or part of a plan or amendment D Approval Authority failed to make a decision on the plan within 180 days D Council failed to adopt the requested amendment within 180 days D Council refused the requested amendment D Appeal the passing of a Zoning By-law D Application for an amendment to the Zoning By-law -failed to make a decision on the application within 120 days D Application for an amendment to the Zoning By-law - refused by the municipality D Appeal the passing of an Interim Control By-law D Appeal a decision of the Committee of Adjustment that approved or refused the application D Appeal a decision that approved or refused the application D Appeal conditions imposed D Appeal changed conditions D Application for consent -Approval Authority failed to make a decision on the application within 90 days D Application for a plan of subdivision - Approval Authority failed to make a 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 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 approval (only applicant or public body may appeal) D Appeal changed conditions Act Reference (Section) 17(24) 17(36) 17(40) 22(7) 34(19) 34(11) 38(4) 45(12) 53(19) 53(27) 53(14) 51 (34) 51 (39) 51 (43) 51 (48) Page 2 of6

8 Subject of Appeal Development Charge By-law Development Charge Complaint Front-ending Agreement Education Development Charge By-law Education Development Charge Complaint Aggregate Removal Licence Ward Boundary By-law Type of Appeal Development Charges Act Matters D Appeal a Development Charge By-law D Appeal an amendment to a Development Charge By-law D Appeal municipality's decision regarding a complaint D Failed to make a decision on the complaint within 60 days D Objection to a front-ending agreement D Objection to an amendment to a front-ending agreement Education Act Matters D Appeal an Education Development Charge By-law D Appeal an amendment to an Education Development Charge By-law D Appeal approval authority's decision regarding a complaint D Failed to make a decision on the complaint within 60 days Aggregate Resources Act Matters D One or more objections against an application for a 'Class A' aggregate removal licence 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 D Application for a 'Class B' licence - refused by Minister D Changes to conditions to a licence D Amendment of site plans 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 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 Municipal Act Matters D Appeal the passing of a by-law to divide the municipality into wards D Appeal the passing of a by-law to redivide the municipality into wards D Appeal the passing of a by-law to dissolve the existing wards Ontario Heritage Act Matters Act Reference (Section) 14 19(1) 22(1) 22(2) (1) (1) (2) 11 (5) 11(11) 13(6) 16(8) 18(5) 20(4) 222(4) Heritage D Appeal the passing of a by-law designating a heritage conservation study area 40.1 (4) Conservation District D Appeal the passing of a by-law designating a heritage conservation district 41 (4) 3049E (2017/04) Page 3 of 6

9 Other Matters Subject of Appeal AcULegislation Name Section Number 2. Location Information Address and/or Legal Description of property subject to the appeal * Address: 5075 Holt Road, Hampton, Ontario Legal Description: Part of Lot 20, Concession 5 in the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham Municipality * Municipality of Clarington Upper Tier (Example: county, district, region) Regional Municipality of Durham 3. Appellant/Objector Information Note: You must notify the 0MB of any change of address or telephone I number in writing. Please quote your 0MB Case/File Number{s} after they have been assigned. Last Name First Name Morrison Bill Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) Ontario Limited Professional Title Address Daytime Telephone Number* Mailing Address ext. Alternate Telephone Number Unit Number Street Number * Street Name * 300 Clements Road West Fax Number PO Box 0 I hereby authorize the named company and/or individual(s) to represent me I Last Name First Name Biglieri _ Anthony Company Name The Biglieri Group Ltd. Professional Title Address abiglieri@thebiglierigroup.com Daytime Telephone Number ext. Alternate Telephone Number Fax Number Mailing Address Unit Number 121 City/Town Toronto Street Number 20 Street Name Leslie Street Province Ontario Country Canada PO Box Postal Code M4M 3L4 3049E (2017/04) Page4 of6

10 .,..,.. Note: If you are representing the appellant and are not a solicitor, please confirm that you have written authorization, as required by the OM B's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the box below. [Z) 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) Municipality of Clarington Staff Report PSD Outline the nature of your appeal and the reasons for your appeal * Please see attached letter dated July 10, 2017 from The Biglieri Group. Oral/written submissions to council Did you make your opinions regarding this matter known to council? [Z] 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( ) or 45(1.4) applicable? 0Yes [Z}No 6. Related Matters Are there other appeals not yet filed with the Municipality? 0Yes [Z}No Are there other matters related to this appeal? (For example: A consent application connected to a variance application) 0Yes [Z}No 7. Scheduling Information How many days do you estimate are needed for hearing this appeal? D 1 day D 2 days 0 3 days D 4 days D 1 week D More than 1 week How many expert witnesses and other witnesses do you expect to have at the hearing providing evidence/testimony? One (1) Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.) Land Use Planner 3049E (2017/04) Page 5 of 6

11 8. Required Fee Total Fee Submitted* $ 300 Payment Method *,... [Z] Certified cheque D Money Order D Solicitor's general or trust account cheque 9. Declaration 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 Anthony Biglieri Date (yyyy/mm/dd) 2017/07/10 Personal information requested on this form is collected under t s ns of the Pia ing Act, R.S.O. 1990, c. P. 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c 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

12 r DURHAM REGiON PLANr ING RECEY ED JUL AUTHORJZATION TO: FROM: RE: Regional Municipality of Durham; Municipality of Clarington Ontario Limited OM B Appeal of Amendment No. 107 to the Municipality of Clarington Official Plan Part of Lot 20, Concession 5 in the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham Ontario Limited is appealing Amendment No. I 07 to the Municipality of Clarington Official Plan in relation to the property legally described as Pai1 of Lot 20, Concession 5 in the Geographic Township of Darlington, Municipality of Clarington, Regional Municipality of Durham. As required by the 0MB 's Rules of Practice and Procedure, this letter shall serve as good and sufficient authority to authorize The Biglieri Group Ltd. to act as the company's representative with respect to this appeal, and it is understood that the company may be asked to produce this authorization at any time. ; '1-' Dated at --- '------' A J.A;x. this day or...,_j.v"--"'l-f Ontario Limited: