Local Planning Appeal Tribunal Tribunal d’appel de l’aménagement local ISSUE DATE: February 14, 2019 CASE NO(S).: PL180265 The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Greenwood Aggregates Limited Subject: Request to amend the Official Plan - Refusal of request by Township of Mono Existing Designation: Rural Proposed Designated: Extractive Purpose: To permit a Class “A” Category 3 Aggregate and Extraction Pit Property Address/Description: Part Lots 30 and 31, Concession 4 E.H.S. Municipality: Township of Mono Approval Authority File No.: OPA 2016-01 OMB Case No.: PL180265 OMB File No.: PL180265 OMB Case Name: Greenwood Aggregates Limited vs Mono (Township) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Greenwood Aggregates Limited Subject: Application to amend Zoning By-law No. (ZB 2016-02) - Refusal of Application by Township of Mono Existing Zoning: A Proposed Zoning: MX Special Purpose: To permit a Class “A” Category 3 Aggregate and Extraction Pit Property Address/Description: Part Lots 30 and 31, Concession 4 E.H.S. Municipality: Township of Mono Municipality File No.: 2016-12 2 PL180265 OMB Case No.: PL180265 OMB File No.: PL180266 PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended Referred by: Sharon Rew Objector: Philip Albin Objector: Bryan Armstrong Objector: Jane Armstrong Objector: Neil Armstrong; and others Applicant: Greenwood Aggregates Limited Subject: Application for a Class A licence for the removal of aggregate Property Address/Description: Part Lots 30 and 31, Concession 4 E.H.S. Municipality: Township of Mono OMB Case No.: PL180265 OMB File No.: MM180053 Heard: January 9, 2019 in Mono, Ontario APPEARANCES: Parties Counsel Greenwood Aggregates Limited David White (“Greenwood”/“Applicant”/“Appellant”) Town of Mono (“Town”) David Germain Protect Mono Inc. (“Protect”) Chris Barnett DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL INTRODUCTION [1] This first Pre-hearing Conference (“PHC”) was held to organize a hearing on the merits of two applications under the Planning Act (“PA”) and the referral by the Minister of Natural Resources and Forestry (“MNRF”) of objections to a licence application for aggregates extraction under the Aggregates Resources Act (“ARA”). 3 PL180265 [2] The Applicant seeks approval for the extraction of sand and gravel from a proposed “Violet Hill Aggregate Pit” on 149 hectares of land comprising Part Lots 30, 31 and 32, Concession 4 EHS, Town of Mono. [3] The Town refused Greenwood’s applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) and Greenwood appealed the Town’s decisions to the Ontario Municipal Board, now the Local Planning Appeal Tribunal. [4] The Applicant’s request to the MNRF for a Class A Licence under the ARA received 394 objections from concerned citizens (“Objectors”), including Protect. PARTIES [5] Protect requests Party status, on consent of the Appellant and the Town. Under the ARA, Protect is already a Party to the licence application. However, to distinguish the role of Protect from the other Objectors noted below, the Tribunal will grant Party status to Protect for the ARA and the PA matters. [6] Protect satisfies the grounds for Party status under the PA (s. 22(11.0.2) and s. 34(24.2)). Protect made submissions to Council before the decision was made and there are reasonable grounds to add Protect as a Party given that its membership includes area residents and their collective representation will assist in the efficiency of the hearing. [7] The Parties in the proceeding are Greenwood, the Town and Protect. CONSOLIDATED HEARING OR HEARD TOGETHER [8] The Parties jointly request the consolidation of these matters into a single hearing. They assert that a more expedient proceeding will result from the avoidance of duplicate evidence. 4 PL180265 [9] However, the Tribunal finds that the issue raised by the Parties, being expediency, is satisfied by hearing the matters together as contained in Rule 16.03 of the Tribunal’s Rules of Practice and Procedure (“Rules”) rather than consolidating the proceedings under Rule 16.02. [10] When matters are heard together, “evidence in the hearing is evidence in each proceeding to which it could apply” (Rule 16.02(c)). It is not necessary to parse the hearing into separate matters, and the Tribunal, with the assistance of counsel, will apply the evidence to the relevant matter as appropriate. [11] At the request of the Parties, the Tribunal had postponed the start of the PHC by 30 minutes to allow the Parties to explain the process to the public in attendance, and to obtain the public’s consent to request Participant status in the proceeding on their behalf. Attachment 1 lists all of the persons present at the PHC as well as persons not present who had authorized another person to represent them. Protect requests, with consent of the other Parties, that all of the listed persons be granted Participant status. [12] The Tribunal will grant the persons on Attachment 1 Participant status in the PA matters. The Tribunal will also accept their request for Participant status, rather than Party status, in the ARA referral. [13] Should any of the Participants wish to make a statement to the Tribunal at the hearing, the Tribunal directs that they organize a coordinated presentation, where possible, and select a spokesperson(s). Further direction to Participants will be set out in the Procedural Order (“PO”), when finalized. PROCEDURAL ORDER (“PO”) AND ISSUES LIST (“IL”) [14] The Parties are exchanging information through their consultants and counsel. From this work, the Parties intend to develop a scoped IL. [15] The Parties are aware that an approved draft PO, including an IL, is required prior to the scheduling of hearing dates. The Parties, with their consultants, are directed 5 PL180265 to develop agreed statements of fact and to narrow the issues as much as possible to enable a focussed and expeditious hearing. These matters will be addressed further at the next PHC. [16] The Parties request a second PHC, as set out in the order below. ORDER [17] The Tribunal orders that the matters will be heard together in a single proceeding. [18] Party status is granted to Protect Mono Inc. [19] Participant status is granted to the persons listed in Attachment 1. [20] The next Prehearing Conference will be held at 10:30 a.m. on Thursday, May 16, 2019 at: Town of Mono Municipal Building Council Chambers 347209 Mono Centre Road Mono, Ontario [21] No further notice will be given. [22] This Tribunal Member is not seized. “S. Tousaw” S. TOUSAW MEMBER 6 PL180265 If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format. Local Planning Appeal Tribunal A constituent tribunal of Tribunals Ontario - Environment and Land Division Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 ATTACHMENT 1 Participant List- PL180265 "ARA" Municipal Name Email Address Objector Comment Signature 10 KingslandAve., Mulmur, Alan Beverstein [email protected] ON,L9V3H1 x 835665 4th Line EHSJVTono"; Andrew Gill [email protected] ONL9V1B7 x x 487394 30th Side Road, Andy Wemer [email protected] Mono Ontario, L9V1H2 x x 507321 Hwy 89, Mulmur, Angelina Todoroff an g ietod o roff@ya h oo. ca On, L9V OP2 x 875560 5th Line EHS Mono, Anthony Vrbnaek [email protected] ON L9V1B9 x x 286 Crawford Street, Antony Benattar [email protected] Toronto, Ontario , IVI6J 2V8 x x 487394 30th Side Road, Ash ley Werner [email protected] Mono Ontario, L9V1H2 x x P.O. Box 192, Orangeville, Brad Hutchinson [email protected] Ontario, L9W 2Z6 x x 875560 5th Line EHS Mono, BrankoVrbanek [email protected] ON L9V1B9 x x 487329 30 Sideroad, Mono, Brian Rennie [email protected] ONL9V1H1 x x 835673 4trh line EHS,"Mono- Bruce Cameron [email protected] ON, L9V1B7 x Carol D. Vrbanek 875560 5th Line EHS Mono, [email protected] ON L9V1B9 x x P.O. Box 192, Orangeville, Chris Hutchinson [email protected] Ontario, L9W 2Z6 x x 586211 County Road 17, Christel Baldauf [email protected] MuimurON,L9VOR7 x x 9 Martin Rd, Mulmur ON, L9V Coiin Craig [email protected] 3H1 x 307608 Hockley Rd, D'Arcy ONeill [email protected] Mono, On, L9W 6N1 x 488013. 30 Sideroad, Mono Dareth Miller [email protected] ON.L9V1H3 x x Page 1 of 7 Participant List - PL180265 "ARA" IVIunicipal Mame Email address Objector Comment Signature ,"95689 3rd line EHS, Mono, Dave Brezynskie [email protected] 3N L9V1B5 335514 4th Line EHS, Mono, Debbie Thompson [email protected] DN.L9V1B6 x x 427385 25th SR, Mono, On Dee Ellies [email protected] L9V 1 E7 x x 336164 4th. Line E, Mulmur, Denise Bruyere [email protected] ON, L9VOJ1 x S35546 4th line EHS Mono, Dianne Todd [email protected] ONL9V1B6 x x 70 Zina St Orangeville ON Don Parker d o n_parke r@o utl oo k. co m L9W1E7 x x 335661 4th line Mono, ON, Doug macLeod macleod_d @sympatico. ca L9V 1 B7 x x 375528 5th Line EHS, Mono Dr. John Farrugia [email protected] ON, L9V1B9 x x 335665 4th Line EHS, Mono," E. Jane Godbold [email protected] ONL9V1B7 x x 995570 Mono-Adjala Townline, Mono, On, L9V Elaine Capes [email protected] 1C9 x x 794069 3rd Line EHS, Mono, Elizabeth Knowles [email protected] ON, L9W 5X8 5 Martin Road, Mulmur ON, Fernando Huaca [email protected] L9V-3H1 x 427363 25 Sideroad MONO Frank P.