daviswebb llp 24 queen street east grenville …...,~jdaviswebb llp 24 queen street east suite 800...

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,~J DAVIS WEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN 1916 A. Grenville Davis QC (1916·1973) 1916 • CELEBRATING 100 YEARS' 2016 Internet: DavlsWebb.com Fax 905.454.1876 Telephone 905.451.6714 Ronald K. Webb QC Neil G. Davis Christopher L. Moon Ronald S Sieightholm Ellen S. Pefhany Barbara Skupien James S.G. Macdonald Sara Arya Hannah Bahmanpour COUNSEL Hon. William G. Davis PCCC QC Email: Hannah. Bahl1lanpourra Da vis Webb.coJll January 9, 2017 Delivered Via Courier Kathryn Lockyer Regional Clerk and Director of Clerk's Office Region of Peel 10 Peel Centre Drive, Suite A, s" Floor Brarnpton. Ontario L6T 4B9 Attention: Ms. Kathryn Lockyer Dear Ms. Lockyer: RE: Notice of Appeal pursuant to s 17(36) of the Planning Act, RSO 1990, c P 13 Regional Official Plan Amendment 30 Appellants: Gord Dennis, Gold Humber Station Inc., Flato Developments Inc., Bolton Residential Option 4 & 5 Landowners Group Inc., 2357104 Ontario Inc., and Zia Mohammad and Islam Mohammad Our File Nos.: 076323-001,076326-001,066327-001, 026324-001, 286329-001, 136329-001 We act as solicitors for Gord Dennis. Gold Humber Station Inc., Flato Developments lnc., Bolton Residential Option 4 & 5 Landowners Group Inc .. 2357104 Ontario Inc., and Zia Mohammad and [slam Mohammad (collectix ely "the Appellants"), for which we are pleased to provide a copy of their respective letters of incorporation. upon request. On December 8. 2016. the Councilor The Regional Municipality of Peel ("the Region") passed By-law 67-2016 to adopt Regional Official Plan Amendment 30 under section 17 of the Planning Act, RSO 1990 c P 13, as amended. Pursuant to the Appellant Forms (A I) contained herein, we now appeal the Region s decision on bchalfofthe Appellants to the Ontario Municipal Board. !n summary, reasons for support of the Hybrid Option 4/5 as the appropriate basis for ROrA 30. include but are not limited to the following: It IS :1 logical extension to the existing built-up area. It enables comprehensive planning for a complete community. It is an opportunity to establish a sound future urban structure.

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Page 1: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

,~JDAVIS WEBB LLP24 Queen Street EastSuite 800Brampton, Ontario, CanadaL6V 1A3

ESTABLISHED IN 1916A. Grenville Davis QC (1916·1973)

1916 • CELEBRATING 100 YEARS' 2016

Internet: DavlsWebb.comFax 905.454.1876

Telephone 905.451.6714

Ronald K. Webb QCNeil G. DavisChristopher L. MoonRonald S SieightholmEllen S. PefhanyBarbara SkupienJames S.G. MacdonaldSara AryaHannah Bahmanpour

COUNSELHon. William G. Davis PCCCQC

Email: Hannah. Bahl1lanpourra Da visWebb.coJll

January 9, 2017

Delivered Via Courier

Kathryn LockyerRegional Clerk and Director of Clerk's OfficeRegion of Peel10 Peel Centre Drive, Suite A, s" FloorBrarnpton. OntarioL6T 4B9

Attention: Ms. Kathryn Lockyer

Dear Ms. Lockyer:

RE: Notice of Appeal pursuant to s 17(36) of the Planning Act, RSO 1990, c P 13Regional Official Plan Amendment 30Appellants: Gord Dennis, Gold Humber Station Inc., Flato Developments Inc., BoltonResidential Option 4 & 5 Landowners Group Inc., 2357104 Ontario Inc., and ZiaMohammad and Islam MohammadOur File Nos.: 076323-001,076326-001,066327-001, 026324-001, 286329-001, 136329-001

We act as solicitors for Gord Dennis. Gold Humber Station Inc., Flato Developments lnc., BoltonResidential Option 4 & 5 Landowners Group Inc .. 2357104 Ontario Inc., and Zia Mohammad and [slamMohammad (collectix ely "the Appellants"), for which we are pleased to provide a copy of theirrespective letters of incorporation. upon request.

On December 8. 2016. the Councilor The Regional Municipality of Peel ("the Region") passed By-law67-2016 to adopt Regional Official Plan Amendment 30 under section 17 of the Planning Act, RSO 1990c P 13, as amended. Pursuant to the Appellant Forms (A I) contained herein, we now appeal the Region sdecision on bchalfofthe Appellants to the Ontario Municipal Board.

!n summary, reasons for support of the Hybrid Option 4/5 as the appropriate basis for ROrA 30. includebut are not limited to the following:

• It IS :1 logical extension to the existing built-up area.• It enables comprehensive planning for a complete community.• It is an opportunity to establish a sound future urban structure.

Page 2: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

• It is compatible with adjacent land uses

Please note that with respect to Part 8 of the Notice of Appeal regarding scheduling information, weexpect that Notices of Appeals will also be filed by the Town of Caledon, the Province, land owners ofAreas I, :::and 3, as \\ cll as special interest groups and other stakeholders. As such, we anticipate theheal'ing will take approximately 3 to 6 months, or longer ifrequired.

Furthermore due to the criteria established and issues raised by or for the Town ofCaledon and by or forthe Re'pion. we expect that there will be various expert witnesses providing evidence at the hearing.consisting of, but 110t limited to. land user planners, civil engineers. ecologists economists.demographers. transportation specialists. and hydrologists. To that end, we are unable to confirm thenumber of expert \\ itncsses and the narticular areas of expertise that will be relied en at this time. Wei.itcnd L' determine the aforesaid at a pre-hearing conference.

bli.:lo:-.cc!. please find all Appellant form and a cheque in the amount of $30') for each of the above-referenced Appellants payable to the Minister of Fir-ance, representing the filing fee for the six appeals.

'I:JW, truly.

DA VIS WEBB LL~

't:' 1-J(l.i1r,a)1 Bahrnnupourinc!s

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Environment and Land Tribunals Tribunaux de I'environnement et deOntario l'arnenaqernent du territoire OntarioOntario Municipal Board Commission des affaires municipales

de l'Ontario655 Bay Street, Suite 1500Toronto ON M5G 1E5Telephone: (416) 212-6349Toll Free: 1-866-443-2243Fax: (416) 326-5370Website: www.elto.gov.on.ca

655 rue Bay, suite 1500Toronto ON M5G 1E5Telephone: (416) 212-6349Sans Frais: 1-866-443-2248Telecopieur: (416) 326-5370Site Web: www.elto.gov.on.ca

Ontario

Instructions for preparing and submitting the Appellant Form (A1)

NOTICE- APPEAL FEECHANGEEffective July 1, 2016, Ontario Municipal Board (OMB) appeal fees are changing from$125 to $300. Appeals received and date-stamped by the municipality/approvalauthority on or after July 1, 2016, are subject to the new appeal fee.

- The fee of $25 for each additional consent appeal filed by the sameappellant against connected consent applications does not change.

- The fee of $25 for each additional variance appeal filed by the sameappellant against connected variance applications does not change.

OMB appeal fees are still $125 for appeals with date-stamps from before July 1, 2016.

• Complete one form for each type of appeal you are filing .

• Please print clearly.

• A filing fee of $300 is required for each type of appeal you are filing. To viewthe Fee Schedule, visit the Board's website.

• The filing fee must be paid by certified cheque or money order, in Canadianfunds, payable to the Minister of Finance.

• If you are represented by a solicitor the filing fee may be paid by a solicitor'sgeneral or trust account cheque .

• Do not send cash.

• Professional representation is not required but please advise the Board if youretain a representative after the submission of this form.

• Submit your completed appeal form(s) and filing fee(s) by the filing deadline toeither the Municipality or the Approval Authority as applicable. Do NOTsenddirectly to the Ontario Municipal Board.

• The Municipality/Approval Authority will forward your appeal(s) and fee(s) tothe Ontario Municipal Board.

• The Planning Act and the Ontario Municipal Board Act are available on theBoard's website.

L..._~~~ __ ~~~~~~~ .~ ~~~~~~~~_

A 1 Revised August 2016 Page 1 of 6

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t~~

Ontario

Environment and Land Tribunals OntarioOntario Municipal Board655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5TEL: (416) 212-6349 or Toll Free: 1-866-448-2248FAX: (416) 326-5370www.elto.gov.on.ca

APPELLANT FORM (A1)PLANNING ACT

Date Stamp - Appeal Received by MUniCipality

SUBMIT COMPLETED FORMTO MUNICIPALITY/APPROVAL AUTHORITY

Receipt Number (OMB Office Use Only)

Part 1: Appeal Type (Please check only one box)

SUBJECT OF APPEAL TYPE OF APPEAL PLANNING ACTREFERENCE(SECTION)

Minor Variance rAppeal a decision 45(12)

rAppeal a decision

r 53(19)ConsenUSeverance Appeal conditions imposed

rAppeal changed conditions 53(27)

rFailed to make a decision on the application within 90 days 53(14)

rAppeal the passlnq of a Zoning By-law 34(19)

rApplication for an amendment to the Zoning By-law - failed to

Zoning By-law or make a decision on the application within 120 days 34(11 )Zoning By-law Amendment

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

Interim Control By-law rAppeal the passing of an Interim Control By-law 38(4)

WAppeal a decision 17(24) or 17(36)

Failed to make a decision on the plan within 180 days 17(40)Official Plan orOfficial Plan Amendment Application for an amendment to the Official Plan - failed to make a

decision on the application within 180 days 22(7)rApplication for an amendment to the Official Plan - refused by themunicipality

Appeal a decision 51 (39)

Plan of Subdivision rAppeal conditions im(2osed 51(43) or 51(481

Failed to make a decision on the a(2(2licationwithin 180 da1's 51 (34)

Part 2: Location Information

Part Lots 7 to 10, Concession 4 (Township of Albion) and Part Lots 7 to g, Concession 5 (Township of Albion) for theproposed Residential Expansion Settlement Area, and Part Lots 11 and 12, Concession 7 (Township of Albion)

Address and/or Legal Description of property subject to the appeal:A 1 Revised August 2016

Page 2 of 6

66417
Date Received
66417
Typewritten Text
January 9, 2017
66417
Typewritten Text
66417
Typewritten Text
Page 5: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

· Part 3: Appellant InformationMunicipality/Upper tier' Town of Caledon in the Region of Peel

First Name: GORDON Last Name: DENNIS _

Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation)

E-maiIAddress:gdennis~live.ca ~---~~-~-~~~~-~~----------- _By providing an e-mail address you agree to receive communications from the OMB bye-mail.

Daytime Telephone #: (905) 857-2498 Alternate Telephone #: Fax #: _

Mailing Address: 13707 THE GORE ROAD CALEDON. _Street Address ApUSuite/Unit# City/Town

ONTARIO L7EOW8 _Province Country (if not Canada) Postal Code

Signature of Appellant: --------- Date: _(Signature not required if the appeal is submitted by a law office.)

Please note: You must notify the Ontario Municipal Board of any change of address or telephone number inwriting. Please quote your OMB Reference Number(s) after they have been assigned.

Personal information requested on this form is 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. O. 28 as amended. After an appeal is filed, allinformation relating to this appeal may become available to the public.

Part 4: Representative Information (if applicable)

I hereby authorize the named company andlor individual(s) to represent me:

First Name: RONALD K. Last Name: WEBB _

Company Name: DAVIS WEBB LLP _

E-mail Address:[email protected] _~--:-:-____;_--:-:----:::-:-:-:::--=-------,::--------- _By providing an e-mail address you agree to receive communications from the OMB bye-mail.

Daytime Telephone #: (905) 451 - 6714 Alternate Telephone #: Fax #: (905) 454 - 1876 _

Mailing Address: 24 QUEEN STREET EAST 800c-- BRAMPTON _Street Address Apt/Suite/Unit# City/Town

ONTARIO L6V1A3 _Province Country (if not Canada) Postal Code

-.; oj ~:).

Signature of Appellant: _"'---''--'-____:=c.._-'''---'----''-- Date: _~'\-=--.'_.:\J,,__' c:_L_:_,~0_'__+--.-L:::..--;,~-

Please note: If you are representing the appel/ant and are NOT a solicitor, please confirm that you have written authorization, asrequired by the Board's Rules of Practice and Procedure, to act on behalf of the appel/ant Please confirm this by checking the boxbelow.

A 1 Revised August 2016Page 3 of 6

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r I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on hisor her behalf and I understand that I may be asked to produce this authorization at any time.

Part 5: Language and Accessibility

w .Please choose preferred language: English r French

We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you haveany accessibility needs, please contact our Accessibility Coordinator as soon as possible.

Part 6: Appeal Specific Information

1. Provide specific information about what you are appealing. For example: Municipal File Number(s), By-lawNumber(s), Official Plan Number(s) or Subdivision Number(s):

Regional Official Plan Amendment No. 30, By-law 67-2016

2. Outline the nature of your appeal and the reasons for your appeal. Be specific and provide land-use planning reasons(for example: the specific provisions, sections and/or policies of the Official Plan or By-law which are the subject ofyour appeal - if applicable). **If more space is required, please continue in Part 9 or attach a separate page.

The Appellant appeals the Council of The Regional Municipality of Peel's decision to adopt Regional Official PlanAmendment 30, in particular, approving the expansion of the Bolton Rural Service Centre to include what is referred asOption 6 and the Triangle Lands ("Option 6").

The reasons for this appeal are as follows:

The Hybrid Option 4/5 represents good planning and should have been the Option chosen by Region of Peel Council.Instead, Region of Peel Council chose Option 6, which is under appeal for all of the reasons set out in detail in the Regionof Peel Staff Report, dated November 30,2016 and as summarized in the Report of Gagnon Walker Domes ProfessionalPlanners (GWD), dated December 7, 2016, a copy of which is attached to this Application.

THE FOLLOWING SECTIONS (a&b) APPLY ONLY TO APPEALS OF ZONING BY-LAW AMENDMENTS UNDERSECTION 34(11) OF THE PLANNING ACT.

a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: _(If application submitted before January 1, 2007 please use the 01 'pre-Bill 51' form.)

b) Provide a brief explanatory note regarding the proposal, which includes the existing zoning category, desired zoningcategory, the purpose of the desired zoning by-law change, and a description of the lands under appeal:**If more space is required, please continue in Part 9 or attach a separate page.

~-~- ...•.~Bill 73 - This question applies only to official plans/amendments, zoning by-laws/amendmentsand minor variances that came into effect/were passed on or after July 1,2016.

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

A 1 Revised August 2016 Page 4 of 6

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-Part 7: Related Matters (if known)

Are there other appeals not yet filed with the Municipality? YES r NO PNO PAre there other planning matters related to this appeal? YES

(For example: A consent application connected to a variance application)

If yes, please provide OMB Reference Number(s) and/or Municipal File Number(s) in the box below:-

(Please print)

Part 8: Scheduling Information

How many days do you estimate are needed for hearing this appeal? r half day 1 day r 2 days r 3 days

r 4 days r 1 week r More than 1 week - please specify number of days: PLEASE SEE ATTACHEDCOVERLETTER __

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

Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.):PLEASE SEE ATTACHED COVER LETTER ___

Do you believe this matter would benefit from mediation? YES(Mediation is generally scheduled only when all parties agree to participate)

r NO P

Do you believe this matter would benefit from a prehearing conference? YES(Prehearing conferences are generally not scheduled for variances or consents)

NO

If yes, why? To identify the participants and parties, and narrow the scope of issues given the nature of this appeal andmultitude of parties involved ~ ~

Part 9: Other Applicable Information **Attach a separate page if more space is required.

-_----_--------_--------------------------~.-----_---_ -----~

f-----------------------~--------------- ~ _

----- - -- --------- ------ - __ ----------------------.---~---- ---------------------------- ----_ -------

A1 Revised August 2016 Page 5 of 6

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"-Part 10: Required Fee

Total Fee Submitted: $ 300.00 _

Payment Method: r Certified cheque rMoney Order P Solicitor's general or trust account cheque

• The payment must be in Canadian funds, payable to the Minister of Finance.

• Do not send cash.

• PLEASE ATTACH THE CERTIFIED CHEQUE/MONEY ORDER TO THE FRONT OF THIS FORM.

A 1 Revised August 2016 Page 6 of 6

Page 9: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

~ Gagnon Walkec Dome,

Principals

PROFESS!ONAL I?I.:J\NNEJ;ts, ~

Michael GagnonLena GagnonAndrew WalkerRichard Domes

December 7,2016

Region of Peel10 Peel Centre DriveSuite A, 5th FloorBrampton, OntarioL6T 4B9

Attention: Ms. Kathryn Lockyer, Regional Clerk and Director of Clerk's Office

Re: Bolton Residential Expansion Study (BRES)Regional Official Plan Amendment Application (ROPA 30)Gold Humber Station Inc., Flato Developments Inc.,Bolton Residential Option 4 and 5 Landowners Group Inc.GWD File: 1920

Dear Ms. Lockyer:

We act as planning consultant to Gold Humber Station Inc. (GHS), Flato DevelopmentsInc. (Flato), and the Bolton Residential Option 4 and 5 Landowners Group Inc. (Option4/5 Landowners). GHS and Flato are also represented by Horosko Planning Law, whilethe Option 4/5 Landowners are also represented by Amber Stewart Law.

Our client's lands are located within the Bolton Residential Expansion Study Area(BRES); more particularly within the areas identified by the Town of Caledon as 'Option4: King Street West' (Area 4), and 'Option 5: Healy Road North' (Area 5). Consistent withour participation at the Region of Peel Statutory Public Meeting held on September 29,2016, and our correspondence to you dated December 5, 2016, the Region of Peel is inpossession of our September 29, 2016 presentation in support of Hybrid Option 4/5(previously referred to as the Region of Peel Staff Recommended Option 4 ModifiedExpansion Area).

By way of this submission, on behalf of GHS, Flato and the Option 4/5 Landowners, wewish to go on record for the purposes of the Town of Caledon and the Region of PeelBRES planning exercises as adopting our client's historic submissions; including thosemade by Gagnon & Law Urban Planners Ltd., Gagnon Walker Domes Ltd. and/orOverland LLP, as well as Horosko Planning Law. This shall include the fulsome February18,2016 Overland LLP submission to the Region of Peel, made to the attention of AndreaWarren, Manager Development Services. The Overland LLP submission had appendedto it assorted correspondence and presentations; all of which we understand are includedas part of the Region of Peel and Town of Caledon files. The universe of submissions

GAGNON WALKER DOMES LTD.21 Queen Street East, Suite 500 0 Brampton ON Canada L6W 3P1 0 P: 905-796-57903601 Highway 7 East, Suite 310 oMarkham ON Canada L3R OM3 0 P: 905-477-6556

www.gwdplanners.com 0 Toll Free: 1-855-771-7266

CONFIDENTIALITYCAUTION

This document is Consultant-Client privileged and contains confidential Information intended only ~0r terse.(s) named above. Any distribution,copying or disclosure is strictly prohibited. If you have received this document in error, please notify us immediately by telephone and return theoriginal 10 us by mall without making a copy.

Page 10: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

Bolton Hesidential Expansion Study (BRES) - ROPA 30REGIONAL STAFF RECOMMENDATION - HYBRID OPTION 4/5GWD FILE: P.N:13.1920.00

reflect on the dynamic nature of the BRES exercise.

Support for Hybrid Option 4/5

On behalf of GHS, Flato and the Option 4/5 Landowners, we have reviewed the Regionof Peel Staff Report dated November 30, 2016 and wish to take this opportunity to provideadditional public input.

Our clients are in full support of ROPA 30 (Hybrid Option 4/5) as recommended foradoption by Regional Planning staff. The rationale for supporting Regional Planningstaff's position is comprehensive, wide-ranging and technically defensible. The Regionalstaff led BRES exercise has been fair, open and transparent, as it relates to planninggoals and objectives, and the accommodation of input from stakeholders, agencies, andmembers of the public. Regional Planning staff are to be applauded for approaching thisexercise without any preconceived notions as to outcomes.

The following is a summary of the merits associated with Regional staff'srecommendations in support of Hybrid Option 4/5. It should be read in conjunction withFigures 3 and 4 as extracted from the November 30, 2016 Report (attached as GWDFigures 1 and 2):

• Hybrid Option 4/5 provides for the expansion of the Bolton Rural Service Centreby 185 hectares (accommodating approximately 10,300 people and 2,500 jobs);

• Hybrid Option 4/5 is fiscally sound as compared to other options, including Option3 which Regional staff believe could result in enforceability hurdles associated withlife cycle costs which may be subject to challenge relative to what is and is notpermitted by the Development Charges Act;

Hybrid Option 4/5, unlike Option 6 and the Triangle Lands, is not encumbered bythe uncertainty associated with the planning of the GTA West TransportationCorridor. As Regional staff adroitly identified, Option 6 and the Triangle Landscould be plagued by delays associated with the release of lands burdened by theGTA West Transportation Corridor. In turn this could expose the Region to unduefinancial risk associated with delayed Development Charge (DC) revenue;

o Hybrid Option 4/5 represents an opportunity to expand the Bolton Rural ServiceCentre in a logical and sequential manner. By contrast, both Option 3 and Option6 (including the Triangle Lands) are representative of what could reasonably beidentified as 'leapfrog' development. We support the following statementadvanced by Regional staff in their November 30,2016 Report; namely:

IJ "Provincial and Regional policy is not supportive of 'leapfrogging'planned or available serviced lands and supports the avoidanceof unjustified or uneconomical expansions to infrastructure andservices. The Provincial Policy Statement, in particular Policy1.6.6 directs municipalities to accommodate expected growth or

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Page 11: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

Bolton Residential Expansion Study (BRES) - ROP.t\ 30REGIONAL STAFF RECOMMENDATION - HYBRID OPTION 4/5GWD FILE: P.N:13.1920.00

development in a manner that promotes the efficient use andoptimization of existing municipal sewage and water services.Policies in the Growth Plan further advocate the importance incoordinating investment in water and wastewater infrastructure tosupport future growth in ways that are linked to the determinationof how these systems are paid for and administered. "

• Hybrid Option 4/5 lands are located well beyond the limits of the GTA WestTransportation Corridor Protection Area "Focused Analysis Area", therebyfacilitating unfettered planning and development. By contrast, according toRegional staff, 50% of the Option 6 and Triangle Lands are located within the'Focused Analysis Area' of the GTA West Transportation Corridor, potentiallysterilizing them from development;

• Hybrid Option 4/5 is geographically removed from the GTA West TransportationCorridor "Focused Analysis Area" and Mayfield Road (identified as a 'goodsmovement corridor'), thereby avoiding any potential conflict with future potentialemployment lands. By contrast, a significant portion of Option 6 and the TriangleLands are captured within the "Focused Analysis Area"; not to mention that theyare located in immediate proximity and bound to the south by Mayfield Road.

Regional Staff Evaluation Conclusions

Regional staff have conducted a thorough evaluation of BRES Expansion Options. OnPage 20 of the November 30, 2016 Regional Staff Report, Section 6.10, EvaluationConclusions, Regional Staff state:

"Upon considering the direction from Council regarding consultation on a draftROPA and the results of statutory consultation, Regional staff recommendexpansion to the Bolton Rural Service Centre based on Hybrid Option 4/5 (seeFigure 4). The following points summarize key elements of staff consideration:

a Hybrid Option 4/5 represents a balanced option that performswell against all six Themes and eliminates the need to servicewater pressure zone 7, at this time.

" Hybrid Option 4/5 was also preferred by Regional staff inconsidering the recommended emphasis on Theme 3"Promote Fiscal Responsibility': and Theme 6 "Response toLong- Term Urban Structure Implications".

[J The Option 3 landowners have brought Iotwerd acomprehensive development charges and front end financingproposal that would address many of the Region's financialrisks, however, it would not change the findings that Option 3overall costs are tens of millions of dollars more than otheroptions that don't require Zone 7 water pressure infrastructure

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Page 12: DAVISWEBB LLP 24 Queen Street East Grenville …...,~JDAVISWEBB LLP 24 Queen Street East Suite 800 Brampton, Ontario, Canada L6V 1A3 ESTABLISHED IN1916 A. Grenville Davis QC (1916·1973)

Bolton Residential Expansion Study (BRES) - ROPA 30REGIONAL STAFF RECOMMENDATION - HYBRID OPTIOi\J 4/5GWD FILE: P.N.13.1920.00

and financial risks would not be entirely eliminated.

• Provincial and Regional planning policies intended to carefullymanage growth, infrastructure and sprawl clearly require thatland use patterns within settlement areas are to:

"Efficiently use, the infrastructure and public servicefacilities which are planned or available, and avoidthe need for their unjustified and/or uneconomicalexpansion 11 (2014 Provincial Policy Statement1.1.3.2).

• Option areas located in Water Pressure Zone 6 such asHybrid Option 4/5 can utilize existing infrastructure and do notrequire expansion of infrastructure associated with a newwater pressure zone. In this context, it is understood that theOption 3 lands and other lands in Water Pressure Zone 7 willcontinue to be considered for potential future Rural ServiceCentre expansion once the available infrastructure in Zone 6is utilized and if further settlement expansions are required.

• Areas to the south of Hybrid Option 4/5 (i.e. Option 6 andsoutherly part of Option 5) are also in Water Pressure Zone 6requiring less infrastructure expansion. However, Regionalstaff continue to recommend these lands remain available tobe considered for potential future employment uses based ontheir 10cational and contextual attributes given existingemployment lands in Peel and York, existing goodsmovement corridors and the potential expansion of goodsmovement infrastructure including the GTA Westtransportation corridor.

Based on the issues around the need for protection of the GTA Westtransportation corridor and the appropriate consideration of future employmentlands that will be required to accommodate Peel employment growth to 2041,staff does not recommend approval of the draft ROPA directed by Council forthe Statutory public consultation based on Option 6 and the Triangle lands. 11

Compelling Regional Staff Recommendation

The rationale summarized above and outlined in detail in the November 30, 2016Regional Staff Report in support of Hybrid Option 4/5 is compelling. The Hybrid Option4/5 lands represent a logical extension of the Bolton Rural Service Area. Theadvancement of planning in this area will support the principles of comprehensive andcomplete community planning.

Regional Staff have clearly indicated that the Hvbrid Option 4/5 lands can accommodate

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Bolton Residential Expansion Study (BRES) - ROPA 30REGIONAL STAFF RECOMMENDATION - HYBRID OPTIOl\J 4/5GWD FILE: P.N.13.1920.00

projected population and employment to 2031. Going forward, the future planningprocess aimed at implementing the direction provided by ROPA 30 will provide for anappropriate mix of housing, jobs, local services, community infrastructure, a full range oftransportation and transit options, phasing and the protection of natural heritage featuresas appropriate.

Regional Council endorsement of the Regional staff recommendation for Hybrid Option4/5 shall in no way preclude any opportunities for enhanced transit (including possiblefuture GO Transit service). Unlike Option 3, Regional staff have demonstrated throughtheir analysis that Hybrid Option 4/5 is technically and economically viable, and mostimportantly that it can proceed without the need for a costly grade separation of KingStreet and the CPR. Hybrid Option 4/5 has a clear advantage over Option 6 and theTriangle Lands based on the fact that it is not encumbered by the GTA WestTransportation Corridor "Focused Analysis Area".

Concluding Remarks

We wish to thank the authorities having jurisdiction at the Region of Peel, the Town ofCaledon and the Province of Ontario for affording our clients the opportunity to participatein the BRES exercise. Regional staff have provided exceptional leadership and guidance.

In accordance with Planning Act requirements, we wish to be notified of Council'sDecision, and be circulated with a copy of the formal Notice of Decision.

Yours truly,

Andrew Walker, B.E.S., M.C.I.P., R.P.P.Principal Planner

E. Ivanic, Ministry of Municipal Affairs I Ministry of HousingD. Lyons, Ministry of Municipal Affairs I Ministry of HousingRegional Chairman and Members of Region of Peel CouncilA. Prasad, Region of PeelA. Warren, Region of PeelA. Smith, Region of PeelM. Hall, Town of CaledonO. Izirein, Town of CaledonS. Rehmatullah and N. Majidi, Gold Humber Station Inc. I Flato Developments Inc.Bolton Residential Option 4- and 5 Landowners Group Inc.B. Horosko, Horosko Planning LawA. Stewart, Amber Stewart LawE. Howson, MSf-l Planning

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