Regional Official Plan Amendment No OMB Decision on Settlement, File: Commissioner's Report No P-4

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1 January 29, 2013 The Regional Municipality of Durham Planning and Economic Development Department Planning Division 605 ROSSLAND RD. E. 4lli FLOOR PO BOX623 WHITBY ON L 1 N 6A3 CANADA Fax: planning@durham.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning and Economic Development Ms. S. Krane Clerk City of Oshawa 50 Centre Street, South Qshawa, ON L 1 H 3Z7 Re: Regional Official Plan Amendment No OMB Decision on Settlement, File: Commissioner's Report No P-4 Ms. Krane, at their meeting held on January 8th, the Durham Regional Planning & Economic Development Committee considered the above matter. Enclosed for your information is a copy of Commissioner's Report No P-4. Should you have any questions or wish to discuss the report, please contact Colleen Goodchild, Senior Planner at ext Yours truly, Nestor Chornobay, MCIP, RPP Director, Strategic Planning NC/mrf Encl. "Service Excellence tor our Communities" 100% Post Consumer

2 The Regional Municipality of Durham To: The Planning & Economic Development Committee From: Commissioner of Planning and Economic Development Report No.: 2013-P-4 Date: January 8, 2013 SUBJECT: Regional Official Plan Amendment No. 128-OMB Decision on Settlement, File D12-05 RECOMMENDATION: THAT Commissioner's Report No P-4 be received for information... REPORT: 1. The purpose of this report is to provide an update on the Regional Official Plan Amendment No. 128 (ROPA 128) Ontario Municipal Board proceedings. 2. On June 3, 2009, Regional Council adopted ROPA 128, incorporating the growth management components of the ROP Review in accordance with the provincial Growth Plan. The Ministry of Municipal Affairs and Housing (MMAH) issued its decision on ROPA 128 on October 27, As previously reported to Committee, MMAH received 31 appeals of the Minister's Decision to the OMB, representing over 50 appellants, including 15 appeals of the entire amendment. 4. Over the period of May to October 2012, the Region engag~d in confidential without prejudice discussions with the Province, Seaton Landowners and other Durham Landowners, to settle the appeals of ROPA 128 and to agree on how the infrastructure required to develop Seaton could be delivered and financed. 5. The discussions resulted in Minutes of Settlement (MOS) that provided for the approval of ROPA 128 and a Memorandum of Understanding addressing Seaton infrastructure. 6. The MOS were endorsed by Regional Council, the Province and 24 parties to the ROPA 128OMB Hearing, on October 25, However, there were 21

3 Report No.: 2013-P-4 Page No.2 other ROPA 128 parties that were not signatories to the MOS, with outstanding appeals. 7. The OMB was advised of the settlement at a Pre-Hearing Conference (PHC) on November 5, The OMB subsequently issued an Order requiring the other 21 parties to the OMB hearing to advise whether the MOS satisfied their issues and if not, to scope their appeals to specific policies and/or sites. As a result, 20 of the 21 outstanding parties agreed to either support or not object to the MOS. 8. A hearing for ROPA 128 was held on December 4, 2012, where the OMB heard evidence in support of the proposed settlement. After hearing the evidence, the Board member announced that an order would be issued, approving ROPA 128 in accordance with the settlement, including the further seeping of the appeals of the one outstanding party on an area specific basis (Columbus). Written reasons for the decision are to follow. As a result, ROPA 128 is approved as per the MOS, with the exception of six outstanding area or site specific appeals (refer to Attachment 1). 9. ROPA 128 establishes the Region's vision for 2031 with a policy framework for the creation of healthy, complete and sustainable communities. ROPA 128 accommodates the population and employment forecasts mandated by the Growth Plan, meets density targets, and addresses urban land needs. ROPA 128 also provides the basis for amendments to the area municipal official plans to ensure conformity with the Growth Plan. Key features of the amendment include: Implementing a balanced growth approach, recognizing the population and employment growth potential of each of the eight local area municipalities within the Region; Reserving future population and employment growth for the Townships of Brock, Scugog and Uxbridge, located within the.greenbelt; Focusing urban growth on centres, corridors and waterfront places to accommodate transit supportive densities; Establishing a strategy and policies to achieve an average annual rate of residential intensification of 40 per cent to help achieve transit supportive densities;

4 Report No.: 2013-P-4 Page No.3 Designating Urban Growth Centres-areas with the highest concentration of residents and jobs-in Oshawa and Pickering; Designating new urban land focused around the easterly completion of Highway 407; and Maintaining the integrity of the Greenbelt Plan Area. 10. The OMB has set February 22, 2013 for a further PHC to consider procedural matters to address the six outstanding appeals to ROPA Planning & Economic Development Committee will be kept advised of the future OMB proceedings as they continue. A copy of Commissioner's Report No P-4 will be forwarded to the Area Municipalities. A.L. Georgieff, MCIP RPP Commissioner of Planning and Economic Development Attachment: 1. List of Outstanding Appeals to Amendment No. 128

5 Attachment 1 List of Outstanding Appeals to Amendment No. 128 Appeal No. 4. Appeal/Status HOP Canadian Industrial GP Inc. Status relates to 64.5 acres of land located at the southeast corner of Rossland Road East and Harwood Avenue North, Ajax. Section 15A - Major Retai l Use Definition on a Region-wide bas is. 5. Loblaw Properties Limited relates to 1792 Liverpool Road, Pickering and 481 Gibb Street, Oshawa. Policy Specific Appeal: Policy 8A.2.2(a) and Section 15A- Major Retail definition on a Region-wide basis. 8. Murray; Leonard & Nelson Stroud Designation of, and urban boundary area as it affects, 775 Kingston Road East, Ajax. 18. Nordeagle Developments Ltd. Area Specific Appeal: relates to the Employment Area Shown on Schedule "A" Map A4, Regional Structure, South of Highway 401, North of Victoria Street, West of Brock Street, and east of the Whitby/Ajax Municipal Boundary. Policy Specific Appeal: Policies 7.3.9(c); 8A.2.9; 8A.2.12; 8C.1.3; 8C.2.5; 8C.2.1 1; 8C.2.16 (8C.2. 18, as adopted); 8C (8C.2.19, as adopted); and definitions "Conversion" and "Regeneration Area", on a Regionwide basis. Policy as it applies to the Town of Whitby. 29. Herta Kuleshnyk Des ignation of 2133 Audley Road North, Ajax. 32. Rosemary McConkey, Columbus Area Specific Appeal: Policies related to the Hamlet of Columbus as they relate to the following lands: 1. the Hamlet of Columbus as it existed immediately prior to the adoption of Regional Official Plan Amendment No. 128; and 2. the Employment Area lands fronting along Simcoe Street north of the 407 alignment arid south of the existing Hamlet of Columbus.