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1 DURHAM REGION PLANNING RECEIVED JUL 1 O 2017 BUILDING YOUR IDEAS. INTO BIG PLANS THE BIGLIERI GROUP LTD. FILE# Flf'\H/Fi"",-..., TRANSMITIAL Sent By: OMail OCourier Hand Delivered [J'icked up []::mail Date: July 10 1 ", 2017 To: RE: Region of Durham Planning and Economic Development Planning Division 605 Rossland Road East Whitby, ON L1N 6A3 Attention: Mr. B.E. Bridgeman, MCIP, RPP, Commissioner of Planning and Economic Development Notice of 0MB Appeal -Amendment No. 107 to the Clarington Official Plan Part of Lot 24, Concession 2, the Geographic Township of Darlington, Municipality of Clarington TBG Project Name: TBG Project Number: Please find enclosed the following I One (1) 0MB Appeal Form Ivan B. Wallace OLS Ltd. - Rob Wannack I One (1) The B1gl1en Group Ltd Letter I One (1) Certified Cheque 1n the amount of $ payable to the Minister of I I Finance (from Rob Wannack) One (1) Authorization Form Comments: Should you have any questions or comments, please do not hesitate to contact us I 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@theblglierigroup.com

2 BUILDING YOUR IDEAS - INTO BIG PLANS THE BIGLIERI GROUP LTD. DURHAM REGION PLANNING RECEIVED -. JUL 1 O 2017 FILE# r HHHOeH H July 10, 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 6A3 Attention: Mr. B.E. Bridgeman, MCIP, RPP, Commissioner of Planning and Economic Development Dear Mr. Bridgeman, RE: Notice of 0MB Appeal Amendment No. 107 to the Clarington Official Plan Part of Lot 24, Concession 2, the Geographic Township of Darlington, Municipality of Clarington Property Roll No.: TBG Project No The Biglieri Group represents Robert Wannack, the owner of lands located along Durham Regional Highway 2, Bowmanville (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"). Oral submissions were made to the Special Planning and Development Committee of the Municipality of Clarington on October 24 1,, An oral deputation (3.20 in the Meeting Minutes) and a written submission (#WS-86) were also made in regards to Report PSD , respectfully disagreeing with Staff's recommendations to designate the Subject Site as Environmental Protection under proposed Clarington OPA 107. On behalf of Mr. R. Wannack we are appealing the OPA 107 designation of Environmental Protection, and requesting that a site-specific assessment be conducted to determine the significance of the wooded area and potential wetland on the Subject Site. Under the recently amended Municipality of Clarington Official Plan (2014), the Subject Site was designated as Green Space outside of the Urban Area Boundary for both Courtice and Bowmanville. Under this Official Plan (2014), areas designated Green Space were intended to link other significant components of the Municipality's Open Space System, including the Natural Core Area, Natural Linkage Area, the Lake Ontario Greenway and stream valleys. These areas are also intended to function as urban area separators. Under OPA 107, the Subject Site is designated Environmental Protection. In the Plan more generally, the Green Space designation was removed and replaced by more detailed designations of predominantly Rural, Prime Agricultural Area, Environmental Protection, Natural Core Area and Natural Linkage Area. Under OPA 107, lands designated Environmental Protection are recognized as the most PLANNING I DEVELOPMENT I PROJECT MANAGEMENT 20 Leslie Street, Suite 121, Toronto, Ontario M4M 3L4 Office: (416) Fax: (416) tbg@thebiglierigroup.com

3 THE BIGLIERI GROUP LTD. 2 significant components of the Municipality's natural environment, and are to be preserved and protected from the effects of human activity. Based on Ministry of Natural Resources and Forestry (MNRF) mapping, the Subject Site is designated as a Provincially Significant Wetland (PSW). In order for lands to be considered a PSW, an evaluation under the Ontario Wetland Evaluation System (OWES) must be completed. In accordance with the OWES Southern Ontario Manual (2014), evaluations must include ground-truthing. The manual states, "In all cases, field checking is necessary to determine the presence of wetlands." Mr. Wannack has not been notified or aware of any field visits by representatives of MNRF, the Municipality of Clarington or the Central Lake Ontario Conservation Authority (CLOCA). Mr. Wannack has noted that upon purchase of these lands in 197 4, the Subject Site was actively farmed for agricultural crop production and did not exhibit any characteristics of a wetland. This also confirms that the wooded area on the Subject Site. is not considered old-growth forest. The Environmental Protection designation under OPA 107 should not be expanded onto the Subject Site based solely on high-level mapping studies. It is our respectful opinion, that a site-specific assessment should be conducted to justify the Environmental Protection designation on the Subject Site. We are planning on conducting a site staking exercise of the Subject Site in late July 2017 with MNRF, CLOCA and our retained Environmental Consultant, and therefore, are open to mediation with the Municipality of Clarington in regards to this appeal. 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 Robert Wannack for The Biglieri Group to submit this Notice of 0MB Appeal on his behalf, in addition to a copy of the Continuing Power of Attorney for Property- General, giving Robert Wannack power of attorney for the Subject Site owner Gerhard Wannack. Kindly confirm receipt of this Notice of Appeal package 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 the within 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. Robert Wannack Mr. David Crome, Planning Director, Municipality of Clarington

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5 Environment and Land Tribunals Ontario - Ontario - Municipal Board Appellant Form _(A 1) 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Receipt Number (0MB Office Use Only) -. Telephone: Ontario Toll Free: Fax: Date Stamp - Appeal Received by Municipality Website: 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) 0 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) i Page 2 of6

6 - -subject-i,f-a-ppeal- -- Type ofapp-eal Development Charge By-law Development Charge Complaint Front-ending Agreement _ ActReference (Section) Development Charges Act Matters D Appeal a Development Charge By-law 14 D Appeal an amendment to a Development Charge By-law 19(1) D Appeal municipality's decision regarding a complaint 22(1) D Failed to make a decision on the complaint within 60 days 22(2) D Objection to a front-ending agreement 47 D Objection to an amendment to a front-ending agreement 50 Education Act Matters Education Development Charge By-law D Appeal an Education Development Charge By-law D Appeal an amendment to an Education Development Charge By-law (1) Education Development Charge Complaint Aggregate Removal Licence Ward Boundary By-law D Appeal approval authority's decision regarding a complaint (1) D Failed to make a decision on the complaint within 60 days (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 D Changes to conditions to a licence 13(6) 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 D Appeal the passing of a by-law to redivide the municipality into wards 222(4) 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 Heritage e---- a _ r _ea Conservation District D Appeal the passing of a by-law designating a heritage conservation district 40_ 1 (4) (4) 3049E (2017/04) Page 3 of 6

7 Other Matters Subject of Appeal Act/Legislation Name Section Number 2. Location Information Address and/or Legal Description of property subject to the appeal Address: Property Roll Number along Durham Regional Highway 2, Bowmanville, Ontario Legal Description: Part of Lot 24, Concession 2, the Geographic Township of Darlington, Municipality of Clarington 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 number in writing. Please quote your 0MB Case/File Number(s) after they have been assigned. Last Name' Wannack First Name I Robert Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation) Professional Title Address robert.wannack@ibwsurveyors.com Daytime Telephone Number ext.. Alternate Telephone Number Mailing Address Unit Number Street Number Street Name 1460 Durham Regional Highway 2 Fax Number PO Box [2J I hereby authorize the named company and/or individual(s) to represent me Last Name Biglieri Company Name The Biglieri Group Ltd. Professional Title MCIP, RPP Address abiglieri@thebiglierigroup.com Daytime Telephone Number ext. Mailing Address Unit Number Street Number City/Town Toronto First Name I. Anthony Alternate Telephone Number Street Name Leslie Street Province Ontario Country Canada Fax Number PO Box Postal Code M4M 3L4 3049E (2017/04) Page4of6

8 '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 [Z] 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 [Z] 3 days D 4days 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? Two (2) Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.) Land Use Planner; Environmental Consultant 3049E (2017/04) Page 5 of6

9 ' Do you believe this matter would benefit from mediation? (Prior to scheduling a matter for mediation, the 0MB will conduct an assessment to determine its suitability for mediation) [Z]Yes 0No 8. Required Fee Total Fee Submitted* $ 300 Payment Method * 0 Certified cheque 9. Declaration D Money Order D 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 Appellant/Representative Anthony Biglieri Date (yyyy/mm/dd) 2017/07/10 Personal information requested on this form is collected under t ovi ions of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and the Ontario Municipal Board Act, R.S.O. 1990, c s amended. After an appeal is filed, all information relating to this appeal may become available to the public. 3049E (2017/04) Page6of6

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11 AUTHORIZATION DURHAM REGION PLANNING RECEIVE-D FILE# JUL 1 D r ',C.,;;..;f.<il-1-\-rf"i TO: FROM: RE: Regional Municipality of Durham; Municipality of Clarington Robert Wannack 0MB Appeal of Amendment No. 107 to the Municipality of Clarington Official Plan Part of Lot 24, Concession 2, the Geographic Township of Darlington, Municipality of Clarington I, Robert Wannack, am appealing Amendment No. 107 to the Municipality of Clarington Official Plan in relation to the property legally described as Part of Lot 24, Concession 2, the Geographic Township of Darlington, Municipality of Clarington. As required by the OMB's Rules of Practice and Procedure, this letter shall serve as good and sufficient authority I!) authorize The Biglieri Group Ltd. to act as my representative with respect to this appeal on my behalf, and I understand that I may be asked to produce this authorization at any time. / D ted t -- M.,,; / /-e K a a ;.._----'----, thi s b d ayo f --=-.;;..;;. ::r (A B :J Robert Wannack