HomeMy WebLinkAboutCAO 05-12
Report to
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Council
PICKERING Report Number: CAO 05-12
Date: March 26,2012
From: Tony Prevedel
Chief Administrative Officer
Subject: City of Pickering Comments on Proposed Amendment No. 1 to the
Central Pickering Development Plan
File: 1100-087
Recommendation:
1. That Report CAO 05-12 of the Chief Administrative Officer regarding Proposed
Amendment No. 1 to the Central Pickering Development Plan (CPDP) be
received;
2. That Council advises the Minister of Municipal Affairs and Housing that the
proposed amendments to Section 4.5 (Item 13), Section 4.6 (Item 14), Section 4.8
(Item 18), and Section 5.1 (Item 22) of the Central Pickering Development Plan
are unacceptable to the City; and requests instead that the Minister reinstate the
removed clauses, with modifications, as follows:
(a) 4.5.14 Acknowledge the importance of required transportation network
improvements outside of the Development Planning Area for the
successful implementation of the Plan and its role in helping to
realize the Growth Plan for the Greater Golden Horseshoe, 2006,
recognizing that progressive development of such external
transportation infrastructure is to facilitate the build-out of the
Development Planning Area. Notwithstanding Policy 5 of Section
4.5, the construction of the Sideline 26 (Whites Road) interchange
shall be concurrent with servicing the first phase of the Prestige
Employment lands.
(b) 4.6.2 Servicing of the lands shall be phased to reflect a cost-efficient and
logically sequential extension of required infrastructure within the
Development Plan Area, including the servicing of 80 ha of Prestige
Employment lands concurrent with the first phase of development,
based on an absorption rate for residential and employment lands
that would achieve the population and employment forecasts for
2031.
I
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 2
(c) 4.8.5 Require Neighbourhood Plans and policies to be prepared for each
of the fifteen neighbourhoods. These Neighbourhood Plans may be
combined and may include parts of the Natural Heritage System
and Prestige Employment Areas and shall include:
a) Preparation of a pedestrian and bicycle systems plan based on
the overall network developed through the Master
Environmental Servicing Plan;
b) Consideration of the previously completed archaeological and
heritage assessments;
c) Identification of stormwater management system/facility
locations, type, preliminary sizing; and
d) Identification of detailed community facility requirements.
(d) 5.1.5 It is a policy of this Plan to require, prior to the enactment of any
zoning by-law, the implementation of appropriate measures and
financial agreements, such as front-ending agreements,
cost-sharing agreements and/or development charges to ensure
that the development of the community does not cause a financial
burden on either the City of Pickering or the Regional Municipality
of Durham with respect to facilities, services and infrastructure. The
cost of development of community services and facilities should be
fairly shared by all benefiting parties and be consistent with the
results of a Fiscal Impact Study to be carried out for the City of
Pickering and the Regional Municipality of Durham.
3. That Council requests the Minister of Municipal Affairs and Housing to provide
financial assistance to the City in accordance with Section 20 of the Ontario
Planning and Development Act, in order to ensure the provision of required
infrastructure and community facilities in Seaton and/or to enact an amendment
to the Development Charges Act to permit the City to secure adequate funding
for the required infrastructure and community facilities in Seaton through an
area-specific development charge by-law; and
4. Further, that the City Clerk forward a copy of Report CAO 05-12 to the Premier of
Ontario, the Minister of Municipal Affairs and Housing, the Minister of
Infrastructure, the Regional Municipality of Durham and the Seaton Landowners.
Executive Summary: In May 2006, the Province approved the Central Pickering
Development Plan (CPDP), prepared under the Ontario Planning and Development Act,
1994 (OPDA). In January 2012, the Minister of Municipal Affairs and Housing initiated
an amendment.to the CPDP.
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 3
The Minister is proposing 23 amendments to the CPDP that (in the Minister's words)
would: change the timing requirements associated with the implementation of financial
measures required by the CPDP; clarify the need for infrastructure and other community
facilities related to Seaton as the community builds out; clarify the population and
employment forecasts in the CPDP; clarify the relationship between the CPDP and the
Growth Plan for the Greater Golden Horseshoe, 2006; and clarify the implementation
process for Seaton. Various technical and housekeeping changes to the Plan are also
being proposed. Submissions on the proposed amendment may be made in writing to
the Minister of Municipal Affairs and Housing until April 2, 2012.
The most significant concern to the City with the various proposed amendments is the
removal of the clause from Section 5.1.5 that explicitly protects the City from incurring a
financial burden as a result of the development of Seaton, and a change in the timing
for entering into financial agreements from the Neighbourhood Plan stage to the
building permit stage. Staff is very concerned that these proposed changes, if
approved, would have the potential of exposing Pickering to a very significant and
unreasonable financial risk. The proposed changes are also inconsistent with the
Minutes of Settlement entered into by the City, the Province and the Seaton
Landowners in February 2011. Approval of these changes by the Minister may
constitute a breach of the Minutes of Settlement by the Province.
The "financial burden" clause needs to remain in the CPDP. However, as a possible
alternative on the timing for entering into financial agreements, staff is willing to consider
a delay in the timing of the required financial agreements to the zoning by-law stage. In
this way, staff would need to be satisfied that development would not cause an undue
financial impact on the City or the Region of Durham prior to enacting any zoning
by-laws.
To address any financial shortfall associated with providing required infrastructure,
services and facilities for Seaton, staff recommends that Council request the Minister to
provide financial assistance in accordance with Section 20 of the OPDA and/or to
change the Development Charges Act to permit the City to fund these costs through
development charges. This would ensure that the development of Seaton does not
cause an undue financial burden on the City or the Region.
Financial Implications: Although the Seaton Fiscal Impact Analysis has not yet been
completed, based on current information and analysis, the development of Seaton will
likely cause a significant financial burden on the City or the Region. Section 5.1.5 of the
CPDP as currently written requires the establishment of appropriate agreements to
ensure that Seaton will not cause a financial burden on the City. The draft IBI Group
Municipal Financial Impact Study undertaken to date currently estimates the financial
burden to be approximately $75 million. Should the Minister's proposed change to
Section 5.1.5 be enacted, the protection that was afforded by this Section will be lost,
potentially exposing the City and the Region to a significant and unsustainable financial
burden should the development of Seaton proceed.
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 4
i
1.0 Background
1.1 In May 2006, the Province approved the Central Pickering Development
Plan, prepared under the Ontario Planning and Development Act, 1994
The Province, in May 2006, approved the Central Pickering Development Plan
(CPDP). The CPDP establishes a vision for achieving a sustainable, mixed use,
transit-supportive urban community of up to 70,000 persons and 35,000 jobs on
the Seaton lands, and preserving prime agricultural land, within an extensive
natural heritage system throughout both areas. Of note, Section 5.1.5 of the-
CPDP requires, prior to or concurrent with the approval of the first
Neighbourhood Plan, appropriate agreements with the Seaton landowners to
ensure that development does not cause a financial burden on either the City or
Region of Durham. This policy addressed Pickering's concern that development
of Seaton not create a financial burden on the City with respect to the timely
provision of municipal facilities, services and infrastructure.
1.2 In January, 2012, the Minister of Municipal Affairs and Housing advised the
Ontario Municipal Board that a matter of provincial interest is, or is likely to
be, adversely affected by the Seaton appeals
Prior to the commencement of the January 25, 2012 Ontario Municipal Board
(OMB) hearing, the Minister of Municipal Affairs and Housing issued a
declaration of provincial interest under the Planning Act regarding the appeals of
the amendments to the Pickering Official Plan and Zoning By-law affecting
Seaton (see Attachment #1). The declaration was accompanied by a proposed
amendment to the CPDP (see 1.3 below). Under the Planning Act, when the
Minister has declared a provincial interest, the decision of the OMB is not final
until approved by the Lieutenant Governor-in Council, who may also vary or
rescind the decision of the OMB. The OMB hearing was subsequently adjourned.
A pre-hearing conference for the Seaton appeals is scheduled for June 11, 2012.
1.3 Also on January 25, 2012, the Ministry of Municipal Affairs and Housing
advised the City Clerk of a Proposed Amendment No. 1 to the Central
Pickering Development Plan
The Ministry of Municipal Affairs and Housing in a letter dated January 25, 2012
to the City Clerk advised that the Minister of Municipal Affairs and Housing had
initiated an amendment to the CPDP (see Attachment #2). As outlined in the
letter, the purpose of this amendment is to:
• change the timing requirements associated with the implementation of
financial measures required by the Central Pickering Development Plan
• clarify that the need for infrastructure and other community facilities
related to Central Pickering will be required as the community builds out in
a logical and sequential manner
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 5
122
• clarify the population and employment forecasts in the Central Pickering
Development Plan and the intent that these forecasts are to be used for
the purposes of planning to 2031
• clarify the relationship between the Central Pickering Development Plan
and the Growth Plan for the Greater Golden Horseshoe, 2006
• clarify the implementation process for Seaton; and
• undertake minor housekeeping changes
Submissions on the proposed amendment may be made in writing to the Minister
of Municipal Affairs and Housing until April 2, 2012. If submissions are received
within the time specified, then the Minister may,
• appoint a hearing officer to conduct a hearing with respect to the proposed
amendment and make a written recommendation on it
• refer the matter to the Ontario Municipal Board to conduct a hearing with
respect to the proposed amendment and make a written recommendation on it
• after considering the submissions, approve the proposed amendment in
whole or in part or make modifications to it and approve the amendment as
modified, or
• after considering the submissions, refuse the proposed amendment in whole
or in part.
2.0 Discussion
2.1 The proposed changes to CPDP Section 5.1.5 (Item 22 of proposed
Amendment No. 1) deleting the requirement that Seaton will not cause a
financial burden on the City (or Region), reassigning the timing of the
required financial agreements to the building permit stage, and requiring
the City to undertake the Fiscal Impact Study are unacceptable
Staff is very concerned with the proposed changes to Section 5.1.5 as follows:
a) removes the clause that protects the City from undue financial impact
The proposed change removes the clause that explicitly. protects the municipality
from incurring a financial burden for the cost of providing facilities, services and
infrastructure. This change has the potential of exposing Pickering and its
taxpayers to a very significant and unreasonable financial risk.
Further, the proposed changes are inconsistent with items 4 and 5 of the Minutes
of Settlement signed by the City, the Province, and the Seaton Landowners in
February 2011, and if approved by the Minister, could constitute a breach of
contract. The parties agreed that the City's Seaton Conformity Official Plan
Amendment (OPA) conforms to the policies of the CPDP. Specifically, Section
2.14 (c) (vii) of the Seaton Conformity OPA requires the adoption of appropriate
measures, incentives and controls to ensure that Seaton does not impose a
financial burden on the City or Region..
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 6
L
The City would not have signed the Minutes of Settlement without the protection
of Section 5.1.5. The Settlement is a contract, binding upon all parties. By
unilaterally removing the financial protection from Section 5.1.5, the Province is
removing a fundamental underpinning of the contract. This will result in a breach
of the contract. Such a breach exposes the City to a substantial financial burden.
The City may have no choice but to seek recovery of appropriate damages
through the courts.
b) reassigns the timing of the required financial agreements from "prior to or
concurrent with the approval of the first Neighborhood Plan" to the "building
permit stage"
It is much too late in the process to wait until the issuance of building permits to
obtain financial agreements. By that time, the City would have no way to enforce
the financial conditions, since the Building Code would not allow the City to
withhold permits pending finalization of these agreements.
As a possible alternative, staff would be willing to consider a delay in the timing
of the required financial agreements to the zoning by-law stage. Staff have
reworded Section 5.1.5 (City changes are bolded) as follows:
It is a policy of this Plan to require, prior to enacting any zoning
by-laws, the implementation of appropriate measures and financial
agreements, such as front-ending agreements, cost-sharing agreements
and/or development charges to ensure that the development of the
community does not cause a financial burden on either the City of
Pickering or the Regional Municipality of Durham with respect to
facilities, services and infrastructure. The cost of development of
community services and facilities should be fairly shared by all benefiting
parties and be consistent with the results of a Fiscal Impact Study to be
carried out for the City of Pickering and the Regional. Municipality of
Durham.
Adding a reference to the enactment of zoning by-laws will provide the necessary
policy support for the City to be satisfied that, prior to enacting any zoning by-
laws, the development of Seaton would not cause an undue financial impact on
the City or Region.
c) requires the City (or Region) instead of the Seaton Landowners to
undertake the Fiscal Impact Study
The proposed wording change from "for" to "by" will require the City (or Region)
to carry out their respective Financial Impact Studies. IBI Group on behalf of the
Seaton landowners has submitted a draft Municipal Financial Impact Study,
which is currently under review by the City and its peer review consultant, C.N.
Watson. Staff is currently assessing the implications of development to ensure
that development of Seaton does not create a financial burden on the City with
respect to the timely provision of municipal facilities, services, and infrastructure.
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 7
124
Significant staff and consulting time has already been spent on its review and
staff continue to work with IBI to narrow the issues. There is no need to change
the current wording to require the City to undertake the Study. If the proposed
wording is approved, the City will need to seek funds from the Seaton
landowners to undertake the Study with the real possibility of further delay.
2.2 The draft Municipal Financial Impact Study and discussions to date
demonstrate to City staff that a shortfall exists between Development
Charge revenues and the estimated capital program. It remains to be
determined who is responsible for making up the shortfall
The draft Municipal Financial Impact Study identified a significant shortfall
(approximately $75 million) between Development Charge revenues and the
estimated capital program costs. Furthermore, this shortfall does not include the
capital costs of the District Park lands and external City roads. Discussions with
the IBI Group on the study's analysis are continuing. Regardless of the amount
of the financial shortfall, there remains the issue of who is responsible for making
up the shortfall. There are two funding options:
• Option One is for the Minister of Municipal Affairs and Housing to provide
financial assistance in accordance with Section 20 of the OPDA; and
• Option Two is for the Minster to enact the necessary legislative changes to
the Development Charges Act that would permit the City to fund the
enhanced infrastructure costs associated with Seaton. For example,
amendments to the Act should include, but perhaps not be limited to,
provisions allowing the City to enact a development charge by-law which is
not limited by the level of service in the existing community; allowing a greater
portion of the costs to be recoverable from development charges; expanding
the range of services which are recoverable by development charges;
specifying that per capita costs may be based on current legislative and
community requirements; and giving the City the ability to establish a
separate and distinct development charge for a new community in an existing
municipality.
Staff are recommending that Council request the Minister to consider both the
financial assistance and development charge options in order to prevent undue
financial impact on the City and Region. Should the Minister not accept the
City's proposed recommendations, the' City would need to revaluate its
cooperation with the Province in the planning and development of the Seaton
community.
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 8
_v
2.3 The proposed change to Section 4.5 (Item 13) and Section 4.6 (Item 14)
should also include wording to reference the early delivery of infrastructure
and services to support the first phase of employment land development
There are no policies in the CPDP requiring construction of the Sideline 26
(Whites Road) interchange and the servicing of the Prestige Employment lands
as part of the first phase of the Seaton `development. These infrastructure
elements were requested by both the City and Region to support an employment
objective of creating a balanced live/work relationship in the early stages of
neighbourhood development.
Accordingly, staff recommends that the proposed change to Section 4.5 also
include a reference to the construction of Sideline 26 (Whites Road) interchange
concurrent with servicing the first phase of the prestige employment lands.
Accordingly, staff have reworded Section 4.5.14 (City changes are bolded) as
follows:
Acknowledge the importance of required transportation network
improvements outside of the Development Planning Area for the successful
implementation of the Plan and its role in helping to realize the Growth Plan
for the Greater Golden Horseshoe, 2006, recognizing that progressive
development of such external transportation infrastructure would occur to
facilitate the build-out of the Development Planning Area. Notwithstanding
Policy 5 of Section 4.5, the construction of the Sideline 26 (Whites Road)
interchange shall be concurrent with servicing the first phase of the
Prestige Employment lands.
In addition, staff have reworded Section 4.6.2 (City changes are bolded) to reflect
the early servicing of the Prestige Employment lands as follows:
Servicing of the lands shall be phased to reflect a cost-efficient and logically
sequential extension of required infrastructure within the Development Plan
Area, including the servicing of 8U ha of Prestige Employment lands
concurrent with the first phase of development, based on an absorption
rate for residential and employment lands that would achieve the population
and employment forecasts for 2031.
2.4 The proposed change to Section 4.8 (Item 18) to delete all of the policy
requirements for Neighborhood Plans is partially acceptable
All the Neighborhood Plans have been' prepared and endorsed by Council, the
Province and Seaton landowners based on the requirements of Section 11.72 of
the Seaton Conformity OPA and Section 4.8 of the CPDP. Also, under the
Minutes of Settlement, the parties agreed that the neighbourhood plans for the
Seaton landowners lands that were endorsed are to be included with the Seaton
Conformity OPA that is be presented to the OMB for approval.
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 9
126
These policy changes are also inconsistent with items 10, 11 and 12 of the
Minutes of Settlement. If approved by the Minister, this policy change may
necessitate staff having to prepare modifications to the Seaton Conformity OPA
and all of the neighbourhood plans that have been endorsed by Council and
accepted by the Seaton landowners.
Staff recommends that most of the policy requirements remain in the proposed
Amendment with the exception of identifying drainage boundaries and
environmental sustainability measures within select neighborhoods. These two
requirements are identified in the Master Environmental Servicing Plan and the
Sustainable Place-Making Guidelines. As an alternative, staff have reworded
Section 4.8.5 (City changes are bolded) to be consistent with the Council
endorsed Seaton Conformity OPA and Neighbourhood Plans as follows:
Require Neighbourhood Plans and policies to be prepared for each of the
fifteen neighbourhoods. These Neighbourhood Plans may be combined
and may include parts of the Natural Heritage System and Prestige
Employment Areas and shall include: .
a) Preparation of a pedestrian and bicycle systems plan based on
the overall network developed through the Master Environmental
Servicing Plan;
b) Consideration of the previously completed archaeological and
heritage assessments;
c) Identification of stormwater management system/facility
locations, type, preliminary sizing; and
d) Identification of detailed community facility requirements.
The above alternative also includes minor wording changes to reflect the fact that
all of the Council endorsed Neighbourhood Plans incorporate parts of the Natural
Heritage System and certain Plans incorporate parts of the Prestige Employment
Areas.
2.5 The proposed Amendment is adding population and employment forecasts
of 61,000 residents and 30,500 jobs by 2031 in several policies in the CPDP
and these numbers are to be used by the Region in its conformity exercise
with the Growth Plan
The current wording of the CPDP references an eventual population and
employment of 70,000 residents and 35,000 jobs. The Seaton Conformity OPA
has been prepared to accommodate 61,000 residents and 30,500 jobs by 2031,
and plans to accommodate 70,000 persons and 35,000 jobs through long term
intensification. These numbers were considered targets for the purpose of
accommodating population and employment growth in Seaton by 2031. The
proposed amendment now stipulates that the 61,000 residents and 30,500 jobs
are now considered forecasts and are to be used by the Region in undertaking its
conformity exercise with the Growth Plan.
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 10
The Region's allocation of population and employment prior to being modified by
the Province had no numbers for Seaton but rather total population and
employment forecasts for Pickering of 221,340 residents and 76,720 jobs by
2031. The Minister's Decision on ROPA 128 inserted a modification to require
that population and employment forecasts for Pickering include a population of
70,000 residents and 35,000 jobs for Seaton, in conformity with the CPDP.
This modification will now need to be further modified if proposed Amendment
No.1 to the CPDP is approved.
It is expected that the Region's urban land needs analysis will need to be
reviewed in light of the CPDP forecasts of 61,000 residents and 30,500 jobs for
Seaton by 2031. The impact on the proposed future expansion areas identified
by the Region for northeast Pickering is unclear. However, City staff, in
discussion with Ministry and Regional staffs, continue to support the population
and employment forecasts of 221,340 and 76,720 allocated to Pickering by 2031.
2.6 An explanation of the 23 proposed amendments to the CPDP are provided
in Appendix 1 to this Report
Staff's comments on the 23 proposed amendments are included for Council's
review in Appendix I to this Report. Staff have met with representatives from the
Ministries of Municipal Affairs and Housing and Infrastructure to express the
City's concern with the proposed amendment changes to Sections 4.5, 4.6, 4.8
and 5.1.
3.0 Next Steps
City staff is having on-going dialogue with Ministry staff on the City's concerns.
Staff will report back on the Minister's decision respecting proposed Amendment
No. 1 to the CPDP.
Appendix:
Appendix I: Detailed Comments and Recommended Revisions to the Proposed Text
of Amendment 1 to the Central Pickering Development Plan
Attachments
1. Letter from Minister Wynne, Ministry of Municipal Affairs and Housing dated
January 25, 2012 to the Ontario Municipal Board
2. Letter from Larry Clay, Regional Director, Ministry of Municipal Affairs and
Housing dated January 25, 2012 to City Clerk
Report CAO 05-12 March 26, 2012
Subject: CPDP Proposed Amendment No. 1 Page 11
Prepared By: Approved/End rsed By:
Grant McGregor, MCIP, PP Evereft-bunfeKng
Principal Planner - Policy Director, Community Services
~Ie4~z zg=
Catherine Rose, MCIP, P Gillis A. Paterson
Manager, Policy Director, Corporate Services & Treasurer
t f
Thomas E. Melymuk
Director, Office of Sustainability
Neil Car
Directo ping & Development
Paul Bigio i
City Solicit r
GM:jf
Recommended for the consideration
of Pickering City Council
. 2Q 2ot 2,
Tony Prevedel, P.Eng.
Chief Administrative Officer
9 Appendix I to Report CAO 05-12
12
Detailed Comments and Recommended Revisions to the Proposed Text of
Amendment No. 1 to the Central Pickering Development Plan
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ATTACHMENT #-I_
144
Ministry of Ministere des
Municipal Affairs Affaires municipales
and Housing at du Logement
Office of the Minister Bureau du ministre
777 Bay Street, 17th Floor 777, rue Bay, 17' etage Ontario
Toronto ON M5G 2E5 Toronto ON M5G 2E5
Tel. 416 585 7000 Tel, 416 585 7000
Fax 416 585 6470 Te1ec. 416 585 6470,
www.ontario.ca/MAH www.ontario.ca/MAH
January 25, 2012
Ontario Municipal Board
15th Floor - 655 Bay Street
Toronto, ON M5G 1 E5
Attention: Joanne Hayes, Registrar/Secretarv
Dear Ms. Hayes,
RE: Declaration of Provincial Interest
Appeals of the Failure of the Council of the City of Pickering to enact
proposed amendments to the City of Pickering's Official Plan and Zoning
By-law (the "Seaton appeals")
Ontario Municipal Board File and Case Numbers: See Schedule 'A'
Pursuant to ss. 22(11.1) and 34(27) of the Planning Act, I am writing to advise the
Board that I am of the opinion that a matter of provincial interest is, or is likely to be,
adversely affected by the Seaton appeals. The entirety of the proposed amendments to
the City of Pickering's Official Plan and Zoning By-law are subject to this declaration of
provincial interest.
The general basis for my opinion is that, the following matters of provincial interest
under s. 2 of the Planning Act are, or are likely to be, adversely affected:
0) the adequate provision of a full range of housing, including affordable housing;
(k) the adequate provision of employment opportunities;
(m) the co-ordination of planning activities of public bodies;
(p) the appropriate location of growth and development; and,
(q) the promotion of development that is designed to be sustainable, to support
public transit and to be oriented to pedestrians.
Further, the provincial interest in implementing the Central Pickering Development Plan
created under the authority of the Ontario Planning and Development Act, 1994, is or is
likely to be, adversely affected.
1 4 5 ATTACHMENT #_1_T0 REPORT # CAD 05-/2-
subsection 22(11.3) of the Planning Act provides that a decision of the Board regarding
the proposed amendments to the City of Pickering's Official Plan is not final or binding.
Subsection 34(29) provides that the Board shall not make an order in relation to the
proposed Zoning By-Law amendments. Pursuant to ss. 22(11.4) and 34(29.1) of the
Planning Act the Lieutenant Governor in Council may confirm, vary or rescind the
decision of the Board.
If you have any questions in relation to this matter, please contact Irvin Shachter,
Counsel for the Ministry of Municipal Affairs and Housing at (416) 535-6543.
Sincerely,
Kathleen Wynne
Minister
ATTACHMENT #.1-T0 REPORT kaA6-0 5 l D--
146
Schedule `A'
Ontario Municipal Board Case Nos. PL101016, PL101017, PL101018, PL101019,
PL101020, PL101021, PL101022, PL101023, PL101343, PL101344, PL101345,
131-111108, PL111109, PL111110
Ontario Municipal Board File Nos. PL101024, PL101026, PL101028, PL101030,
PL101032, PL101034, PL101036, PL101038, PL101040, PL101042, PL101044,
PL101046, PL101048, PL101050, PL101052, PL101054, PL101056, PL101350,
131-101352, PL101354
4 7 ATTACHMENT # a_TO REPORT # CAp o 5- 2
Ministry of Ministbre des
Municipal Affairs Affaires municipales
and Housing et du Logement
Municipal Services Division Division des services municipaux •
777 Bay Street - 2nd Floor 777, rue Bay, 2 6 dtage Ontario
Toronto ON M5G 2E5 Toronto ON M5G 2E5
Telephone: 416 585-6226 Telephone: 416 585-6226
Fax: 416 585-6882 T616copieur: 416 585-6882
Toll-Free: 1-800-668-0230 Sans frais: 1-800-668-0230 a
January 25, 2012 ~I
C ..r AW DIV181011IIII
fFLE NO.: City of Pickering F WA D COPY TO:
Debbie Shields, City Clerk. YOR INFO. TECHNOLOGY
One The Esplanade coWN,cIL _ LEGAL. SERVICES _ _
r n Pt._.
Pickering ON L1V 6K7 BiLAw - _ - ENuIN.atet~LES
r•ORR SERVICES COMM. SERVICES
- PL. %VJING & OEV.
Dear Ms. Shields: OFFICE OFSUSiAINABIUj SUPPLY aSM
FIRE
HUMAN rfi&
Re: Proposed Amendment No. 1 to the Central Pickering Development Plan
MMAH File No: 18-CPDP-0024-01
Pursuant to subsection 6(1) of the Ontario Planning and Development Act, 1994.
(OPDA), the Minister of Municipal Affairs and Housing has initiated an amendment to
the Central Pickering and Development Plan (CPDP). Clause 6(7)(b) of the OPDA
requires that each municipality having jurisdiction over the area covered by the
amendment and each municipality which abuts the area is consulted with respect to the
proposed amendment and provided with a copy of the provision of section 7 and 8 and
invited to make written submissions within a period of time specified by the Minister.
I have enclosed the following materials in relation to the proposed amendment:
- a copy of the public notice provided under clause 6(7)(a) of the OPDA that
will appear the week of January 30, 2012, in the Toronto Star;
- a copy of Proposed Amendment No. 1 to the CPDP;
- an information summary regarding the proposed amendment; and
- a copy of sections 7 and 8 of the OPDA.
We would encourage you to make a copy of the proposed amendment available for
public review.
Submissions on the proposed amendment may be made in writing to the Minister of
Municipal Affairs and Housing until April 2, 2012 at:
r
ATTACHMENT #,,;t_T0 REP0PxT #CA. D_ 06'-/D-
Ministry of Municipal Affairs and Housing 148
Municipal Services Office - Central Ontario
777 Bay Street, 2nd Floor
Toronto, Ontario M5G2E5
(416) 585-6226
Provincial staff will be following up with municipal staff over the coming weeks to
consult further on this matter. However, if you have any questions regarding the
proposed amendment, please do not hesitate to contact me at 416-585-7264.
r
.1V i.jl
. actyt
Re tonal Director
Municipal Services Office-Central Region
I
I
149 ATTACHMENT #-2--TO REPORT CAo o5-Iz
NOTICE OF A PROPOSED
AMENDMENT TO THE CENTRAL PICKERING DEVELOPMENT PLAN
Ontario Planning and Development Act, 1994, clause 6(7)(a)
The minister of municipal Affairs and Housing is proposing amendments to the Central Pickering Development Plan, File
Number 18-CPDP-0024-01. The proposed amendments would:
a) change the timing requirements associated with the implementation of financial measures required by the
Central Pickering Development Plan;
b) clarify that infrastructure and other community facilities related to Central Pickering will be required in a
logical and sequential manner as the community builds out;
c) clarify the population and employment forecasts in the Central Pickering Development Plan and the intent
that these forecasts are to be used for the purposes of planning to 2031;
d) clarify the relationship between the Central Pickering Development Plan and the Growth Plan for the
Greater Golden Horseshoe, 2006;
e) clarify the implementation process for Seaton; and
f) undertake minor housekeeping changes.
These amendments will apply to all lands located within the Central Pickering Development Planning Area as shown:
SEATON I T-...
w o 4 g M. g
C1 II{II
Z
'
..=t - of U:~lLJ I ~.r-YT LCR_ D --f..1' f f
14TH AVENUE t~..~'-X ;~q T
s 1ATH AVIV UE
QCentralPickedng
Development Plan Area
Seaton Community
STEELESAVENUE EAST_
ui Agricultural Preserve
~ I : & ' S ~ ~ OJNC ESSrJN fi0AD3
Upper Tier Boundary t!: g
FINCHAYENUE{ 1 ^
ISO, LJ-
Kilometers=:)
A copy of the requested amendment can be examined at:
Ministry of Municipal Affairs and Housing
Municipal Services Office - Central Ontario
777 Bay Street, 2nd Floor
Toronto, Ontario M5G2E5
(416) 585-6226
Alternatively, a copy of the amendment may also be viewed through the Ministry's website at www.mah.gov.on.ca.
ATTACHMENT # 2_TO REPORT #.C.A.0 05-1-1- 150
Proposed
CENTRAL PICKERING DEVELOPMENT PLAN
AMENDMENT NO. 1
A. THE PREAMBLE
1. Purpose of the Amendment
The purpose of this amendment is to:
a) change the timing requirements associated with the implementation of
financial measures required by the Central Pickering Development
Plan;
b) clarify that the need for infrastructure and other community facilities
related to Central Pickering will be required as the community builds
out in a logical and sequential manner;
c) clarify the population and employment forecasts in the Central
Pickering Development Plan and the intent that these forecasts are to
be used for the purposes of planning to 2031;
d) clarify the relationship between the Central Pickering Development
Plan and the Growth Plan for the Greater Golden Horseshoe, 2006;
e) clarify the implementation process for Seaton;
f) undertake minor housekeeping changes.
This amendmentwas initiated by the Minister of Municipal Affairs and
Housing, pursuant to subsection 6(1) of the Ontario Planning and
Development Act, 1994. For ease of use, references to page numbers in the
Plan as approved by the Lieutenant Governor in Council in May 2006 have
been included in respect of each proposed amendment.
B. THE AMENDMENT
The following is the text which constitutes Amendment No. 1 to the Central
Pickering Development Plan
1. The Summary section is amended by deleting the sentence following the
subheading `Employment' on page 3 of the Plan and substituting the
following:
"The provision of high-quality employment opportunities that reflect the needs of the
community, with the identification of sufficient employment lands to generate
ATTACHMENT # 2 TO REPORT #/~o 05
approximately one job for every two residents with 30,500 jobs by 2031 and up to 35,000
jobs through long term intensification."
2. The Summary is amended by deleting the sentence under the
subheading `Housing and Mixed-Use' on page 3 of the Plan and
substituting the following:
"The provision of a range of housing types and densities that meets the needs of a
diverse population, complements surrounding communities, and accommodates a
population of 61,000 residents by 2031 and up to 70,000 residents through long term
intensification at a density that is transit supportive."
3. Section 1.3 History and Context is amended by deleting the third
paragraph, including the text numbered 1 and 2, on page 14 of the Plan
and substituting the following:
"The Province has undertaken two significant regional planning initiatives with relevance
for this Plan:
1. The Greenbelt Act, 2005 authorized the Lieutenant Governor in Council to establish
a Greenbelt Plan. This Plan was approved as Order-In-Council 208/2005 on
February 28, 2005 and applies to the portion of the Development Planning Area
known as the Duffins Rouge Agricultural Preserve. Under the Greenbelt Act, 2005
and the Ontario Planning and Development Act, 1994 development plan can
establish policies that supersede the Greenbelt Plan; and
2. The Places to Grow Act, 2005 provides a legal framework for growth planning in
Ontario. On June 16, 2006, a Growth Plan was released regarding the Greater
Golden Horseshoe. The Growth Plan integrates and builds on other key provincial
initiatives including the Greenbelt Plan, the Niagara Escarpment Plan, the Provincial
Policy Statement, 2005, Planning Act reform, infrastructure planning, and source
water protection planning. The Central Pickering Development Plan provides
direction for the lands in Central Pickering. The objectives and policies of this Plan
are intended to support the implementation of the Growth Plan for the Greater
Golden Horseshoe, 2006 (Order-in-Council 1221/2006)."
4. Section 2 Goals is amended by deleting the text "Proposed" before the
words "Growth Plan" in the fourth paragraph of page 18 of the Plan and
adding the text 2006 (Order-In-Council 1221/2006) at the end of that
sentence.
5. Section 2 Goals is amended by deleting the sentence under the
subheading `Employment' on page 21 of the Plan and substituting the
following:
"The provision of high-quality employment opportunities that reflect the needs of the
community, with the identification of sufficient employment lands to generate
approximately one job for every two residents with 30,500 jobs by 2031 and up to 35,000
jobs through long term intensification."
ATTACHMENT #2_TO REPORT #.C_A0 0 57-i D-
152
6. Section 2 Goals is amended by adding the sentence under the
subheading 'Housing and Mixed-Use' on page 21 of the Plan and
substituting the following:
"The provision of a range of housing types and densities that meets the needs of a
diverse population, complements surrounding communities, and accommodates a
population of 61,000 residents by 2031 and up to 70,000 residents through long term
intensification at a density that is transit supportive."
7. Section 3.2 Stage 2 is amended by deleting the item numbered 10 on
page 27 of the Plan and substituting:
10. Provide preliminary servicing cost estimates for all Regional and City infrastructure
required to be constructed within the Central Pickering Development Planning Area
and for the development of the community;"
8. Section 4.3.3 Infrastructure is amended by deleting the word "required"
after the words "multi-lane roads" and adding the words "as required" after
the words "transportation needs" in Policy 13 on page 47 of the Plan:
9. Section 4.5.1 General Transportation is amended by deleting Objective
3 on page 53 of the Plan and substituting the following:
"I Ensure the adequate progression of inter-regional transportation infrastructure
through connections with Highway 407, the potential future airport and transit
corridors as required. To this end, the Province will co-ordinate, through provincial
ministries, the Regional Municipalities of York and Durham and the City of Toronto,
transportation planning and related infrastructure decisions that support a more
efficient inter-regional transit and roads network, in recognition of the importance of
the movement of goods and people to the economy of the eastern Greater Toronto
area;"
10. Section 4.5.1 General Transportation is amended by deleting the words
"proposed" in Objective 4 on page 53 of the Plan.
11. Section 4.5.2 Transit and Active Transportation is amended by
deleting the word "proposed" in Objective 11 on page 54 of the Plan.
12. Section 4.5 Transportation Network is amended by deleting the word
"proposed" in Policy 11 on page 59 of the Plan.
13. Section 4.5 Transportation Network is deleting Policy 14 on page 59 of
the Plan and substituting the following:
"14. Acknowledge the importance of required transportation network improvements
outside of the Development Planning Area for the successful implementation of the
Plan and its role in helping to realize the Growth Plan for the Greater Golden
Horseshoe, 2006, recognizing that progressive development of such external
transportation infrastructure would occur with the build-out of the Development
Planning Area."
ATTACHMENT # a TO REPORT #_Cd-02oS-/.-~_
14. Section 4.6 Servicing is amended by deleting Policy 2 on page 61 of the
Plan and substituting the following:
"2. Servicing of the lands shall be phased to reflect a cost-efficient and logically
sequential extension of required infrastructure within the Development Plan Area,
based on an absorption rate for residential and employment lands that would
achieve the population and employment forecasts for 2031."
15. Section 4.7 Employment of the Plan is amended by deleting Objective 8
on page 66 of the Plan and substituting the following:
"8. Plan for a community that will accommodate 30,500 jobs by 2031 and 35,000 jobs in
the long-term."
16. Section 4.8 Housing and Mixed-Use of the Plan is amended by deleting
Objective 3 on page 70 of the Plan and substituting the following:
"3. Plan for a community with a population of 61,000 residents by 2031 and up to 70,000
residents in the long-term;"
17. Section 4.8 Housing and Mixed-Use of the Plan is amended by deleting
Objective 6 on page 70 of the Plan.
18. Section 4.8 Housing and Mixed-Use of the Plan is amended by deleting
Policy 5 on page 71 of the Plan and substituting the following:
"5. Require Neighbourhood Plans and policies to be prepared for each of the fifteen
neighbourhoods. Neighbourhoods may be combined for the purpose of the
neighbourhood plan approval process."
19. Section 5 Implementation of the Plan is amended by deleting the text
"the Greenbelt Plan (Order-In-Council 208/2005)" in the first paragraph on
page 75 of the Plan and substituting the text the Greenbelt Plan (Order-
In-Council 208/2005) and the Growth Plan for the Greater Golden
Horseshoe, 2006 (Order-In-Council 1221/2006)".
20. Section 5 Implementation of the Plan is amended by adding the
following text after the first paragraph on page 75 of the Plan:
"This Plan provides direction to deal with growth management matters in the
Development Plan Area. These specific objectives and policies are intended to support
the overall implementation of the Growth Plan for the Greater Golden Horseshoe, 2006.
The population and employment forecasts that have been established under this Plan for
2031 will be used by the Region when it is undertaking its conformity exercise with the
Growth Plan."
21. Section 5 Implementation of the Plan is amended by deleting the text
"and the Greenbelt Plan (Order-In-Council 208/2005)" in the second
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paragraph on page 76 of the Plan and substituting the text the Greenbelt
Plan (Order-In-Council 208/2005) and the Growth Plan for the Greater
Golden Horseshoe, 2006 (Order-In-Council 1221/2006)".
22. Section 5.1 Implementation Process for the Urban Community is
amended by deleting the text following the Number 5 on page 77 of the
Plan and substituting the following:
"It is a policy of this Plan to require, prior to the issuance of building permits, the
implementation of appropriate measures and financial agreements, such as front-ending
agreements, cost-sharing agreements and/or development charges. The cost of
development of community services and facilities should be fairly shared by all benefiting
parties consistent with the results of a Fiscal Impact Study to be carried out by the City of
Pickering and the Regional Municipality of Durham."
23. Section 5.3 Regional Municipality of Durham's Official Plan is
amended by deleting the text in this section on page 81 of the Plan and
substituting the following:
"The Regional Munici PalitY of Durham's Official Plan is a high-level pIan , that helps
coordinate and set the stage for more detailed land-use planning by area municipalities.
As a high level plan, the primary concern is consistency between Durham's land-use
designation for Central Pickering and that found in this Plan.
Amendment to Durham's Official Plan is not necessary prior to the approval of the City's
official plan amendments, plans of subdivision and zoning intended to implement the
Central Pickering Development Plan.
The Region of Durham may wish to undertake a future amendment following the
completion of the approval of the City's official plan amendments or the Regional
Environmental Assessment Process. Alternatively, the Region may wish to incorporate
specific objectives or policies from the Central Pickering Development Plan in order to
provide greater clarity in the Regional Plan. Any such amendment must conform with
this Plan."
This amendment to the Central Pickering Development Plan is hereby
approved under the Ontario Planning and Development Act, 1994, as
Amendment Number 1 to the Central Pickering Development Plan.
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INFORMATION SUMMARY
ON PROPOSED AMENDMENT
TO THE CENTRAL PICKERING DEVELOPMENT PLAN
FILE: 18-CPDP-0024-001
TYPE OF PROPOSAL: The amendment proposes a series of changes to
the Central Pickering Development Plan.
PROPOSED BY: Minister of Municipal Affairs and Housing
LOCATION: City of Pickering, Regional Municipality of Durham
CENTRAL PICKERING DEVELOPMENT PLAN
The Central Pickering Development Plan (CPDP) was prepared under the authority of
the Ontario Planning and Development Act, 1994 (OPDA).
The CPDP affects an area of land described in the Development Planning Area Order
made under subsection 2(1) of the OPDA dated March 25, 2004. Generally the
Development Planning Area is bounded by the CPR Belleville Line in the south, Sideline
16/Pickering-Ajax boundary in the east, Highway 7 in the north and York-Durham Town
Line in the west. The Development Planning Area is located entirely within the City of
Pickering within the Regional Municipality of Durham.
A map of the Central Pickering Development Planning Area is available in the attached
Public Notice.
PURPOSE OF PROPOSED AMENDMENT:
The Minister of Municipal Affairs and Housing is proposing to amend the CPDP. The
proposed amendment would:
a) change the timing requirements associated with the implementation of financial measures required by the
Central Pickering Development Plan;
b) clarify that infrastructure and other community facilities related to Central Pickering will be required in a
logical and sequential manner as the community builds out;
c) clarify the population and employment forecasts in the Central Pickering Development Plan and the intent
that these forecasts are to be used for the purposes of planning to 2031;
d) clarify the relationship between the Central Pickering Development Plan and the Growth Plan for the
Greater Golden Horseshoe, 2006;
e) clarify the implementation process for Seaton; and
f) undertake minor housekeeping changes.
The specific contents of the proposed amendment are detailed in the attached Proposed
Amendment No. 1.
1 of 1
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Submissions on the proposed amendment may be made in writing to the Minister of Municipal Affairs and Housing until
April 2, 2012 at the above-noted address. The options available to the Minister, depending on whether or not submissions
are made are set out in sections 7 and 8 of the Ontario Planning and Development Act, 1994.
Generally, if no submissions are received within the time specified, then the Minister may approve, modify and approve or
propose to refuse all or part of the amendment.
If submissions are received within the time specified, then the Minister may,
a) appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written
recommendation on it;
b) refer the matter to the Ontario Municipal Board to conduct a hearing with respect to the proposed amendment and
make a written recommendation on it;
c) after considering the submissions, approve the proposed amendment in whole or in part or make modifications to it
and approve the amendment as modified; or
d) after considering the submissions, propose to refuse the proposed amendment in whole or in part.
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Sections 7 and 8 of the Ontario Planning and Development Act
No submissions
7. 1 If no submissions are received by the Minister within the time
specified by the Minister under clause 6 (7) (a) or (b), the Minister may approve
all or part of the proposed amendment or make modifications to the proposed
amendment and approve the amendment as modified. 1994, c. 23, Sched. A,
s. 7 (1).
Refusal of request
If no submissions are received by the Minister within the time specified
by the Minister under clause 6 (7).(a) or (b) and the Minister proposes to refuse
all or part of a requested amendment, the Minister shall give written notice to the
applicant together with reasons for the refusal and advising the applicant,
(a) that the applicant may make written submissions within 30 days after
the day the notice is given or such longer time as the Minister specifies
in the notice; and
(b) that the requested amendment shall be deemed to be refused if
submissions are not received within the time period set out in the
notice. 1994, c. 23, Sched. A, s. 7 (2).
Deemed refusal
(3) If submissions are not received within the time period set out in the
notice, the requested amendment shall be deemed to be refused. 1994, c. 23,
Sched. A, s. 7 (3).
Options
If submissions are received by the Minister under subsection (2), the
Minister may,
(a) appoint a hearing officer to conduct a hearing with respect to the
proposed amendment and make a written recommendation on it;
(b) refer the matter to the Ontario Municipal Board to conduct a hearing
with respect to the proposed amendment and make a written
recommendation on it; or
(c) after considering the submissions, approve the proposed amendment
in whole or in part or make modifications to it and approve the
amendment as modified or refuse the proposed amendment in whole
or in part. 1994, c. 23, Sched. A, s. 7 (4).
Submissions received
8. 1 If submissions are received by the Minister within the time specified
by the Minister under clause 6 (7) (a) or (b), the Minister may,
(a) appoint a hearing officer to conduct a hearing with respect to the
proposed amendment and make a written recommendation on it;
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(b) refer the matter to the Ontario Municipal Board to conduct a hearing
with respect to the proposed amendment and make a written
recommendation on it;
(c) after considering the submissions, approve the proposed amendment
in whole or in part or make modifications to it and approve the
amendment as modified; or
(d) after considering the submissions, propose to refuse the proposed
amendment in whole or in part. 1994, c. 23, Sched. A, s. 8 (1).
Proposed refusal
(22) If the Minister proposes to refuse a requested amendment under clause
(1) (d), subsections 7 (2) to (4) apply with necessary modifications to the refusal.
1994, c. 23,. Sched. A, s. 8 (2).
I