WESTONCONSULTINGplanning + urban design

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Regional Municipality of Peel10 Peel Centre Dr., 5th Floor, Suite ABrampton, Ontario L6T 4B9

January 9, 2017File 8109

Attn: Kathryn Lockyer, Director and Regional Clerk

Ms. Lockyer,

RE: Appeal with Respect to Regional Official Plan Amendment No. 30

Weston Consulting has been retained by Di Poce Real Estate Holdings Limited (the "client"), theowner of 13866 Humber Station Road in Caledon, Ontario (the "subject lands") to provideprofessional planning advice related to their appeal of the Region of Peel Council's decision toapprove Regional Official Plan Amendment No. 30.

On December 8, 2016 Regional Council adopted Amendment No. 30 of the Region of Peel OfficialPlan, with the effect of adding lands referred to as "Option 6 and the Triangle Lands" to the BoltonRural Service Centre settlement area contrary to the staff recommendation to add lands referredto as "Hybrid Option 4/5" which includes our client's lands.

This appeal letter and the attached A1 form is submitted on behalf of our client to appeal thedecision to approve ROPA 30 on the basis that excluding the subject lands from the area selectedto be included within the Bolton Rural Service Centre settlement area does not conform to theRegion of Peel Official Plan, the Growth Plan for the Greater Golden Horseshoe or the ProvincialPolicy Statement, 2014.

Specifically, our client appeals the following although additional issues may be identified at a laterdate:

1. In the new policy 5.4.3.2.9 the words "approximately 185 hectares" are appealed forthe reason that the lands to be included within the Rural Service Centre have not beensubject to a detailed Ecological Site Assessment and the boundary of the NaturalHeritage System discussed in Section 5.4.3.2.9.1 (i) of the amendment have not beenidentified. It is not known how much area will be available for development and thisstatement presupposes the approximate area of developable lands which mayinfluence the outcome of the studies required to identify the Natural Heritage System.

2. In the new policy 5.4.3.2.9.1 (k) the statement, "such that approximately 185 hectaresof developable lands are included" is appealed for the reason that the lands to beincluded within the Rural Service Centre have not been subject to a detailed EcologicalSite Assessment and the boundaries of the Natural Heritage System discussed in

Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K 5K8 T.905.738.8080 Oakville Office 1660 North Service Road E.,Suite ll4, Oakville, Ontario L6H 7G3 T.905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416.640.9917westonconsulting.com 1-800-363-3558 F.905.738.6637

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Section 5.4.3.2.9.1 (i) of the amendment have not been identified. It is not known howmuch area will be available for development and this statement presupposes theapproximate area of developable lands which may influence the outcome of the studiesrequired to identify the Natural Heritage System.

3. Schedule B Prime Agricultural Area is appealed for the reason that the subject landshave not been deleted from the Prime Agricultural Area.

4. Schedule D Regional Structure is appealed for the reason that the subject lands arenot included as part of the Bolton Rural Service Centre.

5. Schedule D1 Oak Ridges Moraine Conservation Plan Area Land Use Designations isappealed for the reason that the subject lands are not included in the Rural ServiceCentre outside the ORMCPA.

6. Schedule D3 Greenbelt Plan Area Land Use Designations is appealed for the reasonthat the subject lands are not included in the Settlement Areas Outside the Greenbelt.

7. Schedule D4 Growth Plan Policy Areas in Peel is appealed for the reason that thesubject lands are not included in the Designated Greenfield Area.

It is our position, as stated in the letter submitted to Peel Regional Council on December 8, 2016,that the subject lands should be included within the Bolton Rural Service Centre settlement areain addition to any other lands selected to be included within the settlement area.

A decision to include the subject lands within the Bolton Rural Service Centre settlement areawould be consistent with the Provincial Policy Statement, 2014, would conform to the Growth Planfor the Greater Golden Horseshoe and the Peel Regional Official Plan and would have regard formatters of provincial interest.

The subject lands should have been included within the Rural Service Centre settlement area forthe reason that they abut the current settlement area boundary, residential development is notproposed, municipal services are not proposed to be extended to the property and because theirinclusion would not preclude the orderly development of any of the other options.

Thank you for considering this appeal. Please ensure notice of meetings and decisions areprovided to myself and my client.

Sincerely,Weston ConsultingPer: //

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Matt Alexander, BURPI, MCIP, RPPSenior Planner

Vaughan Office 201 Millway Avenue, Suite 19. Vaughan, Ontario L4K 5K8 T. 905,7388080 Oakville Office 1660 North Service Road E"Suite ll4, Oakville, Ontario L6H 7G3 T.905,844,8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416.640,9917westonconsulting.com 1-800-363-3558 F.905.738.6637

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c. DiPace Land Holdings Ltd.

Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K 5K8 T.905.738.8080 Oakville Office 1660 North Service Road E,Suite ll4, Oakville, Ontario L6H 7G3 T.905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416.640.9917

westonconsulting.com 1-800-363-3558 F.905.738.6637

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c. DiPoce Real Estate HoldingsLtd.

Vaughan Office 201 Millway Avenue, Suite 19, Vaughan, Ontario L4K 5K8 T.905.738.8080 Oakville Office 1660 North Service Road E.,Suite 114, Oakville, Ontario L6H 7G3 T.905.844.8749 Toronto Office 127 Berkeley Street, Toronto, Ontario M5A 2X1 T.416.640.9917

westonconsulting.com 1-800-363-3558 F.905.738.6637

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Notice of AdoptionWith respect to Regional Official Plan Amendment No. 30

By-law 67-2016

TAKE NOTICE that the Council of The Regional Municipality of Peel passed By-law 67-2016 on December 8, 2016 toadopt Regional Official Plan Amendment 30 under Section 17 of the Planning Act R.S.O. 1990 c. P. 13, as amended.

Purpose and Effect of the Adopted AmendmentThe purpose and effect of the adopted amendment is to revise and add policies to the Regional Official Plan, includingrelated Schedule revisions, to expand the Bolton Rural Service Centre in order to accommodate planned Caledon andRegion of Peel growth to 2031 in accordance with the Provincial Growth Plan. The adopted Regional Official PlanAmendment (ROPA) further provides for the creation of a Study Area Boundary surrounding the Bolton Rural ServiceCentre within which additional growth for Bolton beyond the 2031 population target is anticipated to occur.

Location of the Subject LandsThe lands identified as the area of expansion in the adopted amendment are identified as Option 6 and the TriangleLands (Subject Lands - Expansion Area on the key map), and are located west of the Bolton Rural Service Centre,south of Healey Road, east of Humber Station Road and north of Mayfield Road, with a net developable area ofapproximately 185 hectares. The Future Bolton Expansion Study Area lands (Subject Lands - Future Bolton ExpansionStudy Area on the key map) are generally located north of Mayfield Road, north and west of the Bolton Rural ServiceCentre, and east and south of the Greenbelt Lands.

Through the adopted ROPA, the St. Michael Secondary School (Subject Lands - St. Michael Secondary School on thekey map) has been brought into the Bolton Rural Service Centre boundary. The secondary school is located at 9130Columbia Way.

Stakeholder CommentsExtensive stakeholder comments were received and considered throughout the ROPA process. Comments andsubmissions made by stakeholders during the statutory public consultation phase were considered by Regional Counciland have led to a number of revisions in the adopted ROPA. To review stakeholder comments and the Region of Peel'sresponse, please see the following link: http//peelregion ca/planning/officialplan/bres/comment-submissions.htm

Additional InformationInformation with respect to Regional Official Plan Amendment 30 and By-law 67-2016 is available to the public forinspection from 8:30 am to 4:30 pm, Monday to Friday at the Region of Peel, 10 Peel Centre Drive, Suite A, 6th FloorDevelopment Services Division (reception counter), Brampton, Ontario, L6T 4B9.

An electronic copy of the adopted ROPA and further information can be accessed at the following link:http//www.peelregion.ca/planning/officialplan/bres/

Notice of AppealThe last date for filing a notice of appeal of Regional Official Plan Amendment 30 is Monday, January 9th

, 2017. Thenotice of appeal:1. must be filed with the Regional Clerk;2. must set out the reasons for the appeal, and the specific part of Regional Official Plan Amendment 30 to which

the appeal applies; and3. must be accompanied by the fee required by the Ontario Municipal Board in the amount of $300.00, which can

only be paid by certified cheque or money order made payable to the Minister of Finance, Province of Ontario.

A notice of appeal can be addressed to:Kathryn Lockyer, Director and Regional ClerkRegional Municipality of Peel10 Peel Centre Dr., 5th FI., Suite ABrampton, ON L6T 4B9Tel: 905-791-7800, ext. 4325 Fax: 905-791-1693E-mail: regional.clerk@peelregion.ca

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Page 1 of 2

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Regional Official Plan Amendment 30 is exempt from approval by the Minister of Municipal Affairs. The decision of theCouncil of The Regional Municipality of Peel is final if a notice of appeal is not received on or before the last day forfiling a notice of appeal.

Only individuals, corporations or public bodies may appeal a decision of the municipality to the Ontario Municipal Board.A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filedin the name of an individual who is a member of the association or the group on its behalf.

No person or public body shall be added as a party to the hearing of the appeal unless, before Regional Official PlanAmendment 30 was adopted, the person or public body made oral submissions at a public meeting or writtensubmissions to the Councilor, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add theperson or public body as a party.

For further information, please contact Andrea Warren, Manager, Development Services Division of the Public WorksDepartment at 905 791-7800, extension 4355.

t::,£aArvin PrasadDirector, Integrated Planning, Corporate Services

Kathryn LockyerRegional Clerk

Dated and posted this zo" day of December, 2016.

BOLTON RESIDENTIAL EXPANSIONCOUNCIL ADOPTED ROPA

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Page 2 of 2

Environment and Land TribunalsOntarioOntario Municipal Board

655 Bay Street, Suite 1500Toronto ON M5G 1E5Telephone: (416) 212-6349Toll Free: 1-866-448-2248Fax: (416) 326-5370Website: www.elto.gov.on.ca

Tribunaux de I'environnement et deI'amenagement du territoire OntarioCommission des affaires municipalesde l'Ontario655 rue Bay, suite 1500Toronto ON M5G 1E5Telephone: (416) 212-6349Sans Frais: 1-866-448-2248Telecopieur: (416) 326-5370Site Web: www.elto.gov.on.ca

Ontario

Instructions for preparing and submitting the Appellant Form (A1)

NonCE-APPEAL FEE CHANGEEffective July 1,2016, Ontario Municipal Board (OMS) 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.

OMS 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 NOT senddirectly 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.

A1 Revised August 2016 Page 1 of 6

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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

SUBMIT COMPLETED FORMTO MUNICIPALITY/APPROVAL AUTHORITY

Date Stamp - Appeal Received by MUnicipality

Receipt Number 10MB 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)Consent/Severance Appeal conditions imposed

rAppeal changed conditions 53(27)

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

rAppeal the passing 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 dClYs 34(11)Zoning By-law Amendment r

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)

rFailed to make a decision on the plan within 180 days 17(40)

Official Plan or rOfficial Plan Amendment Application for an amendment to the Official Plan - failed to make adecision on the application within 180 days 22(7)

rApplication for an amendment to the Official Plan - refused by themunicipality

rAppeal a decision 51(39)

Plan of Subdivision rAppeal conditions imposed 51(43) or 51(48)

rFailed to make a decision on the application within 180 days 51(34)

Part 2: Location Information

13866 Humber Station Road, Kleinberg, OntarioAddress and/or Legal Description of property subject to the appeal:

Municipality/Upper tier: Caledon / Peel RegionA1 Revised August 2016 Page 2 of6

Part 3: Appellant Information

First Name: John Last Name: _Oi Poce _

Oi Poce Real Estate Holdings LimitedCompany Name or Association Name (Association must be incorporated - include copy of letter of incorporation)

Professional Title (if applicable): President _

E-mail Address: ----..-_c/olucio@polsinelli.netBy providing an e-mail address y'-ou-ag-r-ee-:t'-o-re-c-e:-iv-e-co-m-m-u-n-:-ic-a:-:tio-n-s-;fr-o,-m-:t-;:-he:-0~M=B7b-y-e--m-a7;-il.----------

Daytime Telephone #: 905-793-0093 Alternate Telephone #: _

Fax#: _

Mailing Address: 175 Sun Pac Blvd, Unit 1AStreet Address AptlSuite/Unit#

BramptonCityfTown

L6S 5Z6Country (if not Canada) Postal Code

Please note: You must notify the Ontario Municipal Board of any change of address or telephone number in writing. Pleasequote 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. 0.28 as amended. After an appeal is filed, all information relating to this appealmay become available to the public.

Part 4: Representative Information (if applicable)

I hereby authorize the named company and/or individual(s) to represent me:

First Name: TBO. Last Name: _

CompanyName: _

Professional Title: _

E-maiIAddress: ~~-~---~~----~-~---~~-~~~~~-~:__------- __By providing an e-mail address you agree to receive communications from the OMB bye-mail.

Daytime Telephone #: Alternate Telephone #: _

Fax#: _

Mailing Address: -=-:--:--:-:--:-- --::-:-::::--:---::-:--:-:-:-:-- -:::-:-:-::=-- _Street Address AptlSuite/Unit# CityfTown

Province Country (if not Canada) Postal Code

Signature of Appellant: Date: _

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.

rI certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or herbehalf and I understand that I may be asked to produce this authorization at any time.

A1 Revised August 2016 Page 30f6

Part 5: Language and Accessibility

Please choose preferred language: P 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 adopted by 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.

Policy 5.4.3.2.9; policy 5.4.3.2.9.1 (k); Schedules B, 0, 01, 03, 04. Reasons for the appeal are outlined in the attachedletter.

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

Part 7: Related Matters (if known)

Are there other appeals not yet filed with the Municipality? YES

Are there other planning matters related to this appeal? YES(For example: A consent application connected to a variance application)

rr

NO PNO P

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

OPle~se print)

A 1 Revised August 2016 Page 4 of6

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

r 4 days r 1 week r More than 1 week - please specify number of days: _

How many expert witnesses and other witnesses do you expect to have at the hearing providing evidence/testimony?Two (2)

Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.):Municipal Land Use Planner; Consultant Land Use Planner

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

NO r

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

NO r

If yes, why? We anticipate there may be several appeals of this decision and a pre-hearing conference will allow ascoping of issues.

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

A1 Revised August 2016 Page 50f6

Part 10: Required Fee

Total Fee Submitted: $ 300.00 _

Payment Method: V Certified cheque r Money Order r 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.

A1 Revised August 2016 Page 6of6