File no. PL190022 LOCAL PLANNING APPEAL TRIBUNAL BETWEEN: NICHOLYN FARMS INC., EDWARD KRAJCIR, and FRIENDS OF SIMCOE FORESTS INC. Appellants and MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING and COUNTY OF SIMCOE Respondents APPEAL RECORD OF FRIENDS OF SIMCOE FORESTS INC. CANADIAN ENVIRONMENTAL LAW ASSOCIATION 1500 - 55 University Ave. Toronto, ON M5J 2H7 Jacqueline Wilson (60330R) Ramani Nadarajah (30023U) Tel: 416-960-2284 ex 7213/7217 Fax: 416-960-9392 Counsel for the Appellant, Friends of Simcoe Forests Inc. Index Tab Description Page Number 1 Notice of Appeal – File No.: 43‐OP‐169096 1 2 Decisions A Ministry of Municipal Affairs and Housing Notice of Decision January 1 2,2019 B Ministry of Municipal Affairs and Housing Decision November 30, 2018 3 C Certified Copy of By‐law No. 6754 of The Corporation of the County of 5 Simcoe 3 List of Excerpts from Enhanced Municipal Record 1 4 Affidavit of Mary Teresa Wagner Affirmed March 22, 2019 1 A Letters Patent ‐ Friends of Simcoe Forests Inc. 10 B Emails between Suzanne Robinson (MNRF) and Mary Wagner re: EIS for 14 Freele Tract Springwater Township September 9, 2016 and September 13, 2016 C Letter to Rob McCullogh and Debbie Korolnek, November 28, 2016 17 D Letter to John Daly from Mary Wagner May 2, 2017 18 E Transcription of the May 9, 2017 Public Meeting re: Official Plan 34 Amendment File No. SCOPA‐1602 F Email to John Daly from Mary Wagner May 18, 2017 67 G Letter to John Daly from Mary and Robert Wagner May 18, 2017 69 H Email to Kim Benner from Mary Wagner RE: Simcoe County Tract 72 Garbage Transfer Project May 18, 2017 I Email from Mary Wagner to John Daly RE: ERRS Public Question June 28, 75 2017 J Letter from Rob McCullough to Mary Wagner July 13, 2017 76 K Email with Attachments to Bill Mauro and other recipients March 6, 77 2018 L Email from Mary Wagner to John Daly and other recipients March 6, 81 2018 M Email from Mary Wagner to John Daly and other recipients March 23, 83 2018 N Email from Tiffany Thompson to Mary Wagner March 29, 2018 84 O Letter to Ross Lashbrook from Mary Wagner July 12, 2018 86 P Email to Aldo Ingraldi from Mary Wagner August 31, 2018 87 5 Affidavit of Jennifer Lawrence, to be Affirmed March 27, 2019 1 A Curriculum Vitae of Jennifer Lawrence 39 B Acknowledgment of Expert's Duty Signed my Jennifer Lawrence 43 C June 5, 2017 Report 45 D April 19, 2018 Report 75 E Screen 1 Evaluation Criteria 87 F Screen 2 Evaluation Criteria 89 6 Affidavit of James Dougan, Mary Anne Young and Karl Konze Affirmed 1 March 22, 2018 A Curriculum Vitae of James Dougan 29 B Acknowledgment of Expert's Duty Signed by James Dougan 43 C Curriculum Vitae of Mary Anne Young 45 D Acknowledgment of Expert's Duty Singed by Mary Anne Young 47 E Curriculum Vitae of Karl Konze 49 F Acknowledgment of Expert's Duty Singed by Karl Konze 51 G Letter to Friends of Simcoe Forest from James Dougan et al Containing 53 Peer Review of Scoped Environmental Impact Study June 16, 2017 H Letter to Aldo Ingraldi from James Dougan re: Impacts to Regional 71 Natural Heritage System by Proposed County of Simcoe Environmental Resource Recovery Center March 2, 2018 7 Relevant Statutory and Policy Provisions 1 8 Chronology of Relevant Policy Documents 1 9 County of Simcoe, Simcoe County Forests 2011‐2030 1 1 2 3 4 5 File No.: 43-OP-169096 Date of Decision: November 30, 2018 Municipality: Township of Springwater Date of Notice: January 2, 2019 Subject Lands: 2976 Horseshoe Valley Road Last Date of Appeal: January 22, 2019 NOTICE OF DECISION With respect to an Amendment to the County of Simcoe Official Plan Subsection 17(34) and 21 of the Planning Act A decision was made on the date noted above to approve amendment to which the appeal applies, Amendment No. 2 to the Official Plan for the County of (2) set out the reasons for the request for the appeal, and Simcoe as adopted by By-law No. 6754 with one (3) be accompanied by the fee prescribed under the modification. Local Planning Appeal Tribunal in the amount of $300.00 payable by certified cheque to the Minister Purpose and Effect of the County Official Plan of Finance, Province of Ontario. Amendment No. 2 The purpose of County Official Plan Amendment No. 2 Who Can File An Appeal is to facilitate the development of a waste management Only individuals, corporations or public bodies may facility referred to as the Environmental Resource appeal a decision of the approval authority to the Local Recovery Centre on Part of Lot 2, Concession 1, in the Planning Appeal Tribunal. A notice of yappeal n ma ot Township of Springwater (2976 Horseshoe Valley Road be filed by an unincorporated association or West). This amendment renames Schedule 5.6.1 of the group. However, a notice of a ppeal may be filed in the County Official Plan from "County Waste Disposal name of an individual who is a member of the Sites" to "County W aste Management System" to association or the group on its behalf. recognize new and expanded types of operations in No person or public body s hall be added as a party to the waste management facilities. The amendment adds hearing of the appeal unless, before the amendment was Environmental Resource Recovery Centre to the legend adopted, the person or public bodyl made ora of Schedule 5.6.1 to introduce the specific use. The submissions at a public meeting or written submissions amendment also adds a symbol for Environmental to the council or, in the opinion of the Local Planning Resource Recovery Centre to Schedule 5.6.1 identifying Appeal Tribunal, there are reasonable grounds to add the the proposed Environmental Resource Recovery Centre. person or public body as a party. The amendment further amends Section 4.9 of the Official Plan by providing a site specific land use policy When the Decision is Final to identify the proposed uses associated with the The decision of the Minister of Municipal Affairs and Environmental Resource Recovery Centre. The policy Housing is final if a Notice of Appeal is not received on describes the uses permitted within the Environmental or before the last date of appeal noted above. Resource Recovery Centre. It also clearly states that permanent disposal of waste materials or landfilling is Other Related Applications: not permitted on the site. Township of Springwater File No. OP-2016-005 and The technical modification made by the Ministry of ZB-2016-021. Municipal Affairs and Housing recognizes that the County will be relying on ecological enhancement of the Getting Additional Information contiguous woodland feature at a 2:1 ratio through a Additional information about the amendment is available combination of reforestation and afforestation measures for public inspection during regular office hours at the to mitigate the loss of woodland and wildlife habitat on Ministry of M unicipal Affairs and Housing at the the site. address noted below. When and How to File An Appeal Mailing Address for Filing a Notice of Appeal Any appeal to the Local Planning Appeal Tribunal must Ministry of Municipal Affairs adn H ousing Municipal Services Office - Central Ontario be filed with the Minister of Municipal Affairs and th Housing no l ater than 20 days from the date of this 777 Bay St., 13 Floor notice as shown above as the last date of appeal. Toronto ON M5G 2E5 The appeal should be sent to the attention of the Submit Notice of Appeal to the attention of: Manager, at the address shown below and it must, Ross Lashbrook, Manager (1) set out the specific part of the proposed official plan Community P lanning & Development Tel: (416) 585-6063 1 2 3 4 h.^^AriERTIRÇO TRUE COPY" BY-LAW NO. 6754 COUNP^ CLERK" OF COUNTY OF SIMCOE THE CORPORATION OF THE COUNTY OF SIMCOE A By-law to adopt Amendment Number 2 to the Official Plan of the County of Simcoe Whereas Section 21(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended states that a County may amend its Official Plan; and Whereas by the adoption of Recommendation CCW-199-18 Council deems it expedient to amend the County of Simcoe Official Plan; and Whereas a public meeting was held in accordance with Section 17(15) of the Planning Act, R.S.0.1990 on May 9,2017 to receive public input on the proposed Official Plan Amendment to the County Official Plan. Now therefore the Council of the Corporation of the County of Simcoe enacts as follows: 1. That the Official Plan Amendment of the County of Simcoe Official Plan, attached hereto as Schedule 1 to this By-law is hereby adopted as Amendment Number 2 to the County of Simcoe Official Plan, which was approved by the Ontario Municipal Board in parts with final approval on December 29, 2016. 2. That the Clerk is hereby authorized and directed to request the Ministry of Municipal Affairs to approve Official Plan Amendment Number 2 as adopted by this By-law. 3. That the provisions of Amendment Number 2 come into force and effect upon the approval of the Ministry of Municipal Affairs. By-law enacted this 26th day of June, 2018. e oùnty 0 mcoe nty Clé unty of Simcoe 5 Schedule 1 to By-law No, 6754 Page l AMENDMENT NO. 2 OF THE OFFICIAL PLAN FOR THE COUNTY OF SIMCOE Environmental Resource Recovery Centre CERTIFIED that the attached is a true copy of Official Plan Amendment No.