Whereas Oshawa does not support expanding the Greenbelt Area into the whitebelt lands;

Transcription

1 DS Development Services Committee Meeting June 15, 2015 Thornton Road North Future Urban Expansion Area Request by Empire Communities for Oshawa Council s Support With Respect to Maintaining Whitebelt Lands in the City of Oshawa (File: B ) Whereas on February 27, 2015 the Province of Ontario commenced the coordinated review of the Growth Plan for the Greater Golden Horseshoe (Growth Plan), the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan; and, Whereas as part of the coordinated review the Province implemented an initial round of consultation to give all stakeholders, including municipalities and landowners, an opportunity to provide input to help focus the review process and inform the development of proposed amendments to the Provincial Plans; and, Whereas on May 19, 2015 Oshawa Council endorsed Report DS dated April 29, 2015 containing the City s comments on the coordinated review process, which were subsequently forwarded to the Province; and, Whereas by letter dated June 1, 2015 (Correspondence tem DS ) Empire Communities has requested that the City support by way of a resolution that the Thornton Road North Urban Expansion Area (see Attachment 1) be maintained for future urban development, including lands owned by Empire Communities in this area; and, Whereas the Thornton Road North Urban Expansion Area primarily relates to rural lands in northwest Oshawa surrounded by lands currently subject to the Greenbelt Plan or the Growth Plan, and which are beyond the Urban Area Boundary as established in the Durham Regional Official Plan for the 2031 planning horizon; and, Whereas the Thornton Road North Urban Expansion Area is one of several areas in Oshawa commonly referred to as whitebelt lands (see Attachment 1), a term used to generally describe lands that are available for future urban development located beyond the Urban Area Boundary and outside the boundary of the Greenbelt Area and which are not subject to the policies of the Greenbelt Plan or the Growth Plan; and, Whereas it is important from a long term economic development perspective to maintain the current whitebelt lands in Oshawa for future urban development; and, Whereas Oshawa does not support expanding the Greenbelt Area into the whitebelt lands; Therefore be it resolved: 1. That the City of Oshawa supports maintaining the whitebelt lands in the City for future urban development provided that the City s Natural Heritage System within or abutting the whitebelt lands is appropriately protected; and, 2. That a copy of tem DS and the related Council resolution be sent to the Ministry of Municipal Affairs and Housing, the Region of Durham and Empire Communities. 122

2 K:\Attachments\2011\ Subject Lands Owned by Empire Communities Thornton Road North Urban Expansion Area Whitebelt Area Boundary of Urban Area (Durham Regional Official Plan) City of Oshawa Urban Area (Durham Regional Official Plan) Highway 407 Oak Ridges Moraine Greenbelt Protected Countryside Attachment 1 tem: DS Subject: Thornton Road North Urban Expansion Area - Request by Empire Communities for Oshawa Council's Support with Respect to Maintaining Whitebelt Lands in the City of Oshawa File: B City of Oshawa Development Services Department

3 Stephen F. Waque /an Mathany Borden Ladner Gervais LLP T /6095 Scotia Plaza. 40 King S1 w F Toronto. ON Canada M5H3Y4 swaque@blg.com/imathany@blg.com T F big.com i3lg Borden Ladner Gervais June 1, 2015 Delivered by Courier and Mr. Paul Ralph, Commissioner ofplanning City of Oshawa gth Floor, Rundle Tower, City Hall 50 Centre Street South Oshawa, Ontario L 11 3Z7 Dear Mr. Ralph: Re: Our Region Our Commuity Our Home Workbook Questions - Empire Communities Oshawa: Thornton Road North Urban Expansion Arca We thank both Mayor cnry and yourself for meeting with us on May 25th_ /\.s discussed at the meeting, we are pleased to provide the City with a copy ofour submission to the Province (MMAH). The submission was made on behalfofempire Communities as part of the Province's co-ordinated review of the Growth Plan, the Niagara Escarpment Plan, the Oak Ridges Moraine Conservation Plan, and the Greenbelt Plan. The submission pertains to lands in north Oshawa that are referred to as the "Thornton Road North Urban Expansion Area". On behalfof the landowner, we seek the support of the City by way ofa resolution that the Thornton Road North Urban Expansion Area be maintained for future urban development and ask that you bring this matter forward to Council for consideration on June 15th_ We thank you in advance. Please let me know if any further information may be provided to assist Council with its decision. Should you have any questions, please do not hesitate to contact us. Yours truly, BORDEN LADNER GERVAS L -:ht~ ~~., SfW/M:vcd Enclosure TORO : : v Lawyers Patent & Trade -mark Agents 124

4 Stephen Waque / an Mathany T /6095 F /7356 swaque@blq.com / lmathanv@blg.com Borden Ladner Gervais LLP Scoti a Plaza, 40 King St W Toronto, ON, Canada M5H 3Y4 T F 416, big.com i3lg Borden Ladner Gervais May 28, 2015 Delivered by Registered Mail and Land Use Planning Review Ministry of Municipal Affairs and Housing Ontario Growth Secretariat 777 Bay Street, Suite 425 (4th Floor) Toronto, ON MSG 2E5 Re: Our Region J Our Community J Our Home Workbook Questions - Empire Communities Oshawa: Thornton Road North Urban Expansion Area We are counsel to Empire Communities who is the owner of lands located in the Thornton Road No1th Urban Expansion Area (lands located east of Thornton Road North, west of Simcoe Street North, south of Howden Road West and north of Columbus Road West) as illustrated on Figures 1 and 2 on the letter attached hereto at Tab A. The Thornton Road North Urban Expansion Area is a pocket of Whitebelt land situated between the communities of Brooklin in north Whitby and Columbus in north Oshawa. The new easterly limit of Brooklin is less than 3 kms from the westerly limit of the new Urban Area of Columbus. The new limits of both Brooklin and Columbus were established through ROPA 128 and are illustrated on Figure 3 on the letter attached hereto at Tab A. The lands within the Thornton Road North Urban Expansion Area owned by Empire Communities are also identified on Figures 1 and 2 on the letter attached hereto at Tab A and are legally described as: Part of Lots 15 and 16 and Part of Road Allowance Between Lots 14 and 15, Concession 7, Geographical Township of East Whitby, City of Oshawa, Regional Municipality of Durham. On behalf of Empire Communities, we have attended two of the Public Meetings for the Co Ordinated Review of the Growth Plan, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, and the Niagara Escarpment Plan, one on March 30th at the Toronto Reference Library in Toronto and the other on April 20 1 h at the Ajax Community Centre in Ajax. We are pleased to be able to participate in the public consultation process and submit this information package for your consideration. Our submission follows the numbering system as set out in the Workbook. Lawyers Patent & Trade-mark Agents 125

5 i3lg Borden Ladner Gervais RESPONSES TO THE WORKBOOK QUESTONS 1. Protecting Agricultural Land, Water and Natural Resources - How can the plans better support the long-term protection of agricultural lands, waters, and natural areas? The plans can better protect prime agricultural lands, water and natural resources by directing urban development to existing Urban Areas and Whitebelt areas south of the Greenbelt boundary and by expanding the Greenbelt boundary on natural heritage lands where such expansion does not impede planned growth or associated infrastructure. The Greenbelt Plan should be revised to clarify the policies and process around refinement of the Greenbelt Natural Heritage System or confirm the Natural Heritage System mapping. Specifically, municipalities and/or conservation authorities should have the authority to allow staff to confirm the presence of natural heritage features and to make boundary amendments based on mapping. 2. Keeping People and Goods Moving, and Building Cost-Effective nfrastructure - How can the plans be strengthened to ensure our communities make the best use of key infrastructure such as transit, roads, sewers and water? Responses: The plans should encourage development proximate to transit and roads. Development that occurs proximate to such infrastructure will ensure that Ontarians get the most value and use out of such investment. As an example, the Province has invested significantly in the movement of people and goods through the construction of Highway 407 and the connector links to Highway 401. Where at all possible, development should occur in areas close to Highway 407 and, in particular, in proximity to planned or future Highway 407 interchanges. Allowing Ontarians to live and work in areas where Highway 407 is easily accessible will meet the objectives of the plans by improving the movement of people and goods in an efficient manner. Once the construction of the Highway 407 extension is complete, the southern area of the Thornton Road North Urban Expansion Area will be less than 2 kms from Highway 407 and the future interchange at Thornton Road and Highway 407 as approved in the Environmental Assessment for the Highway 407 extension. The future interchange at Thornton Road and Highway 407 is deferred and wi be constructed when technically required through growth and demand (estimated to be constructed in ). The plans should maintain and protect areas (Whitebelt lands) that are appropriate for future development. Just as agricultural land and waterways need to be protected for the benefit of Ontarians, existing Whitebelt lands located in proximity to infrastructure should be maintained for future growth. As an example, the Region of Durham has made significant infrastructure investment in close proximity to the Thornton Road North Urban Expansion Area. n particular, the Thornton Road North Urban Expansion Area is in close proximity to the intersection of Thornton Road North and Columbus Road West, both being Type B Arterial Roads, and is in close proximity to the planned extension of Howden Road West to Brawley Road, being a Type A Arterial Road (the Howden Road West extension is contingent on development in the surrounding area, and likely the development of the Thornton Road North Urban Expansion Area). Once constructed, Howden Road West will be an important 2 126

6 i3lg Borden Ladner Gervais Regional arterial road that will link the communities of Brooklin in north Whitby to Columbus in North Oshawa and will also likely form the northern boundary of the Thornton Road North Urban Expansion Area. 3. Fostering Healthy, Livable, and nclusive Communities - How can the plans continue to support the design of attractive, liveable and healthy communities that are accessible to all Ontarians at all stages of life? Responses: The plans can continue to support healthy, livable and inclusive communities by ensuring that a full range of housing options are available for Ontarians. Recognizing that it is important to provide a mix of housing options, as the Whitebelt area in the Greater Toronto Area shrinks the importance of providing ground related housing options for families will be emphasized. The Thornton Road North Urban Expansion Area is an excellent candidate for future housing including ground options and provides the City of Oshawa with a competitive advantage to attract families to the City and Region. The plans can continue to support healthy, livable and inclusive communities by curbing or preventing urban sprawl from leapfrogging over the northern boundary of the Greenbelt. Ensuring that development occurs in existing Urban Areas and Whitebelt areas is advantageous and cost effective and will allow communities to develop in a manner that capitalizes on existing and planned infrastructure. 4. Building Communities that Attract Workers and Create Jobs - How can the plans better support the development of communities that attract workers and the businesses that employ them? Responses: The plans can better support the development of communities that attract workers and the businesses that employ them by planning for communities and Employment Areas that are in close proximity to each other and that are accessible to infrastructure. t is important to provide a mix of housing options proximate to Employment Areas, and in particular it is important to provide ground housing proximate to Employment Areas so that parents who are in the workforce may have a reduced commute and spend more time with their children. The Thornton Road North Expansion Area is an excellent candidate for future ground housing as it is just north of a large Employment Area that extends all the way from west of Thickson Road North in Whitby to east of Simcoe Street North in the City of Oshawa. 5. Addressing Climate Change and Building Resilient Communities - How can the plans help address climate change? The plans can help address climate change by containing urban sprawl south of the existing Greenbelt boundary. Containing growth south of the Greenbelt (to existing Urban Areas and Whitebelt areas) will promote livable communities that will allow Ontarians to take better advantage of infrastructure including public transit. Providing Ontarians with better public 127 3

7 i3lg Borden Ladner Gervais transit options will reduce the number of vehicles on the road and will help address climate change issues in the Province. 6. mproving mplementation and Better Aligning the Plans - How can the implementation of the plans be improved? The implementation of the plans may be improved by ensuring that defined terms have the same meaning across all plans. The implementation of the plans would be improved if the Greenbelt Plan included a mechanism that allowed for minor revisions of boundary areas where the inclusion of a property (or part of a property) does not advance the objectives of the plans. Specifically, where it can be clearly demonstrated that the inclusion of a property within a plan/s is inaccurate or inappropriate at the site specific level, the Province should allow a municipality to advance minor boundary revisions or rounding out of the limits of the Greenbelt Plan as appropriate on a case-by-case basis. The objectives of the plans would be improved if the plans provided a mechanism to identify and protect lands south of the existing Greenbelt boundary that may be developed in a manner that is consistent with the objectives of the plans including the objective of achieving growth in a responsible manner. 7. Other Comments Please refer to the letter prepared by Armstrong Planning & Project Management attached hereto at Tab A. We would be pleased to meet with you at your convemence to discuss Empire Communities' comments herein. Yours truly, BORDEN LADNER GERVAS LLP Stephen F. Waque/an Mathan SFW/fM Enclosures c. Empire Communities TORO!: : v

8 A 129

9 ARMSTRONG Planning & Project Management May 28, 2015 Land Use Planning Review Ministry of Municipal Affairs and Housing Ontario Growth Secretariat 777 Bay St. Suite 425 (4th Floor) Toronto, ON M5G 2E5 RE: Comments on behalf of Empire Communmes Thornton Road North Urban Expansion Area Oshawa, ON Dear Sir/Madam, We represent Empire Communities, who are the owners of lands in north Oshawa. The l 00-acre parcel is located on Thornton Road North, south of Howden Road West. The lands are legally described as Part of Lots 15 and 16 and Part of Road Allowance Between Lots 14 and 15, Concession 7, Geographic Township of East Whitby, City of Oshawa, Regional Municipality of Durham. The site is within a larger pocket of whitebelt lands located between the communities of Columbus and Brooklin, referred to as the "Thornton Road North Urban Expansion Area" (Figure l ). As shown in Figure 2, the subject area is located south of the Greenbelt Plan Area. This letter is provided in conjunction with the letter pursuant to the "Our Region, Our Community, Our Home" Discussion Document prepared by Borden Ladner GeNais LLP, dated May 28, Further to the comments provided regarding the workbook questions, this letter provides input with respect to our clients' specific landholdings in Oshawa, to be considered as it relates to any potential revision of the Greenbelt Area. n consideration of any potential expansion of the Greenbelt area through the coordinated review, we believe that the subject lands should remain within the whitebelt, as future urban resene. Discussion is provided below. Urban Land Reseive t s mperative that municipalities strategically protect lands for future urban expansion beyond the current planning horizon. The amount of urban-designated lands is diminishing throughout Greater Golden Horseshoe as the population continues to rise. This growth is anticipated to continue. The Growth Plan for the Greater Golden Horseshoe, updated in 2013, extends forecasting to The below table shows the population growth specifically to the Greater Toronto and Hamilton Areas. Of note, the Region of Durham s anticipated to experience the highest growth of any GTAH municipality between 2031 and Duncan Miii Road, Suite 6A, Toronto, ON, M3B 3N2 P F

10 ARMSTRONG Planning & Project Management Population Distribution in the Greater Toronto and Hamilton Area ncrease % Change Region of Durham % Region of York % - City of Toronto % Region of Peel % Region of Halton % City of Hamilton % GTAH % (Schedule 3 of Growth Plan For The Greater Golden Horseshoe) *Figures in OOOs As the supply of developable lands decreases in municipalities such as York Region, Peel Region and Hamilton, the Region of Durham is expected to accommodate proportionally more of the growth. Durham is anticipated to grow by 23%, compared to 1 2% in the GTAH as a whole. As such, whitebelt lands should be protected to provide a reserve for future urban lands. The Thornton Road North Urban Expansion Area is an optimal location for future urban growth. Proximity to Urban Development The developable portion of the Thornton Road North Urban Expansion Area is currently designated "Prime Agricultural Area" under the Region of Durham Official Plan. However, with the recent expansion of the Region's Urban Area (through Regional Official Plan Amendment 128), the subject lands would round-out the urban area in the future. The lands to the east, south and west of the Thornton Road North Urban Expansion Area are designated within the "Urban System" under the Region's Official Plan (Figure 3). The lands are situated between two urban communities: Brooklin (within Town of Whitby) and Columbus (within City of Oshawa). The distance between Brooklin and Columbus is less than 3 km. The existing community of Brooklin extends as far north as Columbus Road. However, through ROPA 128, the urban boundary of Brooklin has expanded northward to Howden Road/Brawley Road West. As a result, urban development is designated and anticipated directly west of the Thornton Road North Urban Expansion Area. The lands are also bounded by the community of Columbus on the east/south-east side. Columbus is centered along the intersection of Columbus Road and Simcoe Street North, approximately 1 km south-east of the subject site. Similar to Brooklin, the urban boundary of Columbus has expanded northward through ROPA 128. The subject area exists within a pocket of agricultural lands, surrounded on 3 sides by urbandesignated lands (under the Regional Official Plan). The Thornton Road North Expansion Urban Area would complete the community in north Oshawa and Whitby and would make the most efficient use of existing and planned municipal infrastructure. 156 Duncan Miii Road, Suite 6A, Toronto, ON, M3B 3N2 P F

11 ARMSTRONG Planning & Project Management Transportation and Road Ne1work The subject lands are easily accessible by existing arterial road connections (Figure 4). The site is currently accessible via Thornton Road North, a Type B arterial road. Howden Road West (a Type A arterial road) and Columbus Road West (a Type B arterial road) are provide east/west connections to the site. There are also additional arterial roads planned in the future to serve the site. Schedule C of the Regional Official Plan identifies the future road network. The schedule indicates that Howden Road to the north, a Type A arterial road, is proposed to be extended westerly, contingent upon development. This will provide another east/west connection in addition to Columbus Road West. Two proposed Type C Arterial Roads are shown abutting the site (to the east and south, respectively). Given that future arterial roads are planned to provide additional access to the site, it is likely that the Region anticipates these lands to be urbanized in the future. The Thornton Road North Urban Expansion Area will also be conveniently served by the extension of Highway 407 (Figure 5). Phase l of the extension, terminating at Harmony Road in Oshawa, is scheduled to be completed by the end of The Phase l extension is located approximately 3 km south of the subject lands. There is also a deferred interchange dentified at Thornton Road to be constructed upon appropriate growth and demand. Based on the existing and planned transportation network, the subject site, and the Thornton Road North Urban Expansion Area as a whole, will be conveniently served to accommodate future development. Summary The current Provincial Plans review must take into consideration the protection of whitebelt lands as future urban reserve. Based on the latest Growth Plan release, the Region of Durham is expected to accommodate a higher portion of growth in the GTAH through to As such, the Region must strategically protect its supply of future urban lands. There are locational advantages of the Thornton Road North Urban Expansion Area that would provide rationale for future urban development. when required. t is located in close proximity to two urban communities, Brooklin and Columbus. With the recently-approved Regional Official Plan Amendment 128, the urban boundary has expanded east and west of the site. There is rationale for rounding out of the urban area to include the subject lands in the future. This will ensure the most efficient use of new infrastructure, such as municipal servicing and roads, when urban expansion is required The area is currently well-accessible via the existing arterial road system. There are also two new arterial roads planned that abut the site. The designation of these two planned roads in the Regional Official Plan indicate an ntent that the subject parcel and abutting area will be developed for urban purposes in the future. The extension of Highway 407, the first phase to be completed this year, will provide further accessibility. 156 Duncan Miii Road, Suite 6A, Toronto, ON, M3B 3N2 P F

12 ARMSTRONG Planning & Project Management Based on these factors, we believe the subject lands should remain within the whitebelt, and be protected as future urban resene lands. Should you have any questions, please do not hesitate to contact the undersigned at extension 3000 or Yours truly, / / v(,;j!_ Stephen G. Armstrong MCP RPP Principal cc. Daniel Guizzetti, President, Empire Communities Stephen Waque, Partner, Borden Ladner GeNais LLP Paul Marsiglia, Forvere nvestments nc. 156 Duncan Miii Road, Suite 6A, Toronto, ON, M3B 3N2 P F

13 D Subject Site, Owned by Empire Communities 1--- Thornton Road North Urban Expansion Area 0 Brooklin (Town of Whitby) 0 Columbus (City of Oshawa) Figure 1: Aerial Map Thornton Road North Urban Expansion Area Empire Communities ARMSTRONG Planning & Pro1ecl Management 134

14 Greenbelt Plan Area Boundary D Oak Ridges Moraine Conservation Plan Boundary -- D Subject Site, Owned By Empire Communities '..., Thornton Road North Urban Expansion Area Figure 2: Greenbelt Plan Area Thornton Road North Urban Expansion Area Empire Communities 135 N ARMSTRONG Plonn1nq & Pro1ect Manuqenienr

15 -. ~. a, ~- AAl'ORT D Subject Property URBAN SYSTEM URBAN AREA BOUNDARY REGONAL CENTRE REGONAL CORRDOR RURAL SYSTEM ~ PRME AGRCULTURAL AREAS RURALSETTl MENTS : 0 HAMLET GREENLANDS SYSTEM MUOROPEN OAK RDGES LNNGAREAS EMPLOYMENT AREAS SPACE AREAS MORANE AREAS c::::j Lands Appealed to OMB ~ Future Freeway WATERFRONT AREAS o.t.k ROGES MORANE BOUNDARY GREENBELT BOUNDARY Figure 3: Official Plan Amendment (OMS Approved) Thornton Road North Urban Expansion Area Empire Communities ARMSTRONG Planning & Proiect Management Source: Schedule A Map A4, Region Official Plan (MMAH Approved, OMB Settlement) 136

16 ( J COLL BUS RO EXSTNG FUTURE... en ~ ~ ~ ~--~- z o ~ FREEWAY TYPE A ARTERAL TYPE B ARTERAL TYPE C ARTERAL Subject Site Figure 4: Road Network (Regional Official Plan) Thornton Road North Urban Expansion Area Empire Communities Source: Schedule C - Map C4 Road Network, Durham Official Plan (MMAH-Approved) 137 ARMSTRONG Planning & Pro1ect Management

17 Brawley Rd 1 tlowclen Rd - w N! ~ Hvr/ f 7 _. WMevale Fdth CO'lCOMkln Rd Taunton Rd F) C f<f~_ R r'j (~; r Cherrywood ~8 r Lake Ontario *Subject Site Figure 5: Highway 407 Extension Thornton Road North Urban Expansion Area Empire Communities Source: Ministry of Transportation Highway 407 Project Map 138 ARMSTRONG Planning & Pro1ecl Management