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PTG: Caledon Turf War about Urban Sprawl (Star)

AlvinofDiaspar

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From the Star:

Caledon turf war about urban sprawl
Developers go to war with council over efforts to limit boundaries, curb urban sprawl
Jun 15, 2008 04:30 AM
Phinjo Gombu
Urban Affairs Reporter

Benny Marotta is a developer with a big problem.

In recent years, the Vaughan-based Marotta has speculated on 740 hectares of agricultural land southwest of Bolton, part of a vision he says will add 21,000 people and 11,000 jobs to the mostly rural Town of Caledon municipality.

The Town of Caledon is the northern wedge of Peel Region, and includes the communities of Bolton, Caledon and Caledon East.

The affable Marotta has sunk more than $50 million into an adjacent 60-hectare business park in Bolton that's barely occupied.

He has spent hundreds of thousands of dollars on studies justifying his plan to build homes on land zoned for agricultural use – not to mention millions more optioning or buying those same lands.

In the high-stakes game of development, there are always winners and losers. And this time, it looks like Marotta will be a loser.

That's because he's a man in a hurry. He wants to build now, and Caledon council is telling him no, he has to wait.

He's furious, and he's not the only one.

Caledon is experiencing what may be the inevitable consequence of moves made, both provincially and locally, to get serious about curbing urban sprawl: a bitter fight that is pitting residents, politicians and developers against each other.

Battle lines have been drawn; lawsuits and countersuits filed. There have been petition drives, demonstrations and council chambers flooded with delegations.

Caledon Perspectives, a local newspaper Marotta recently helped launch – edited by a freelance writer who also happens to have marketed his Solmar Development properties – pitches a vigorous pro-growth line.

It all turned nasty two weeks ago when John Morrison, husband of the Town of Caledon mayor, was ambushed and struck in the face as he arrived at their empty home – an attack Mayor Marolyn Morrison linked to previous threats made to her family over Caledon development issues. (A 28-year-old Woodbridge man has since been charged with uttering threats, but there is still no arrest in the attack.)

Caledon town council has essentially told Marotta that Bolton won't be allowed to expand into adjacent farmland for at least 13 years. Whatever growth happens must be through redevelopment and infill within existing urban boundaries.

This position has thrust the mostly rural municipality into the centre of an urban debate about intensification. Some locals fear that freezing the community boundaries is unrealistic and will hurt business. Others say it's a great way to manage growth.

Mayor Morrison insists the fight is the consequence of the provincial Places to Grow Act that has given cities and towns very specific population targets, with the requirement that 40 per cent of future growth occur within built up areas. But it also has to do with a local vision to check uncontrolled growth. It's an abstract numbers game with phantom people but real consequences: municipalities need to make tough choices among competing developers to settle when and where new housing happens.

His timetable thwarted, an angry and frustrated Marotta is directing his blame at Caledon's council, and Morrison in particular.

"I was told by some developers not to touch Caledon and do any business in Caledon, because you go there with good intentions and make good investments, and the problem they have over there ... they don't like no one to succeed properly," Marotta told the Star a few days ago.

"You go with good health and you come out with broken legs in the town ... I don't mean physically but business wise," he said.

Marotta claims not to care whether he'll be allowed to build his residential dream, but in the same breath he slams the municipality for outlawing growth in Bolton, which he says will hurt his business park and future investment there.

Morrison says Marotta walked into the situation with eyes wide open and got caught because he chose to speculate on an area not designated for growth or settlement.

"That's why (his company) Solmar is caught, and it's unfortunate that he's caught, but that is the reason," Morrison said.

Many of the problems now confronting Caledon date to June 2005, around the time the Places To Grow strategy was being formulated. That month, Caledon council voted to approve a development plan for the so-called Mayfield West area, just north of Brampton, for about 9,000 residents. The area was slated for housing as far back as 1991, and current plans would see it expanded by 13,000 people.

That decision left a bitter aftertaste. During the municipal election, the husband of regional councillor Annette Groves accused Morrison of a conflict of interest in voting in favour of Mayfield West, because her campaign manager and friend, Anne Livingston, had considerable land interests there.

The accusation prompted Livingston to file a defamation lawsuit against the husband, Terry Groves, triggering a countersuit that dragged in the mayor – who denies conflict of interest because she had no "pecuniary interests" at stake.

Things heated up after a unanimous decision in November to keep Caledon's projected population to 84,444 people until the planning horizon of 2021 – a move bitterly opposed by the pro-growth local chamber of commerce.

This led to the remarkable decision to freeze the urban boundaries of Bolton, which council felt had grown too rapidly after a series of Ontario Municipal Board decisions over the years sided with the developers. As a result, Bolton hit its projected 26,500 population target almost 13 years early.

The Bolton freeze outraged business owners like Greg Pannia, chair of the recently formed Coalition of Concerned Residents & Businesses of Bolton. His group has joined the chamber of commerce to launch a concerted campaign that has flooded council chambers with the message that stifling Bolton's expansion will mean fewer new residents and businesses and lead to the town's slow death.

Pannia, whose forklift business is in Marotta's struggling business park, pleaded with Peel politicians this past week to reverse Caledon's decision, saying Bolton was an integral part of the regional economy.

"No one will invest in a town that has no population growth," said Pannia. "All we are requesting is a little bit of population, and we are being told no."

He's among many in Bolton clearly opposed to the new mantra of intensification, or achieving growth through greater density in already built-up areas.

But several Peel Region councillors have joined Morrison and Caledon Councillor Richard Whitehead in stating intensification must and will happen, as an approach for achieving population growth.

They point to estimates that higher densities and redevelopment could make room for 1,500 to 7,500 new residents in Bolton without turning farmland into housing.

"It makes you ask the question why everybody is pushing (to build on) green field and no redevelopment," says Morrison.

The fight promises to get more heated with the arrival of Our Caledon Our Choice, a citizens' group that supports council's position.

Meanwhile, Marotta is pushing to win local hearts and minds in his quest for a pro-growth amendment to the official plan.

The newspaper he co-owns with a group of investors is simply "telling people what is happening at city hall," he says. "The expansion of the urban boundary is the voice of the people, not of Solmar."

Asked to comment on that, Morrison hesitates, then says: "I think most people in Caledon are intelligent enough to understand it is a developer's newspaper."

The one certain thing is that as Caledon's greenfield battles and population-numbers game continue, the issue will spill over to Peel Region's other two municipalities, Brampton and Mississauga.

Like many other seats of government along the Golden Horseshoe trying to figure out if their growth plans conform with the Places to Grow legislation, Peel is considering where to allocate the 1.6 million people it expects will call the region home 25 years from now.

All three of its municipalities have made their population wish-lists known, and the region still has to place about 33,000 new residents to meet provincial guidelines.

But even there, Marotta is out of luck, because those numbers won't be allocated until after 2021 and he wants to build now.

Besides, those 33,000 people will get divided between Mississauga, Brampton and Caledon, and there are other developers with plans that conflict with Marotta's dream.

http://www.thestar.com/News/GTA/article/443683
 
Cross-posted from gttavisions.com/blog

Essentially, what it boils down to is that the Town doesn't want new development in Bolton to be greenfield development - they want new construction to be intensification within existing borders. But, in my opinion, the townspeople don't want intensification (because it is wrongfully associated with high-rise buildings), the town has demonstrated that it has no desire to force the issue, and has even taken steps to prevent intensification from occurring. In essence, the article is about where we want the urban sprawl to take place - not if we want urban sprawl at all.

So, we're back to square one.

Town council needs to separate the issues here, because developing south of Bolton and intensification within Bolton are two unrelated issues. The former can be a political issue if it wants to be, but meaningful steps has to take place to ensure the latter can occur. No one is asking to rebuild Mississauga City Centre in Bolton, and the town has to take a stand against people who fear that stacked townhouses are a sign of the apocalypse. Local transit needs to be introduced to complement the GO bus improvements that are coming soon and train service just over the horizon.

Caledon has a desire to retain its agricultural heritage, and unless meaningful intensification takes place, take a wild guess where they are going to be building houses...
 
Caledon Perspectives, a local newspaper Marotta recently helped launch – edited by a freelance writer who also happens to have marketed his Solmar Development properties – pitches a vigorous pro-growth line.
.....
Meanwhile, Marotta is pushing to win local hearts and minds in his quest for a pro-growth amendment to the official plan.

The newspaper he co-owns with a group of investors is simply "telling people what is happening at city hall," he says. "The expansion of the urban boundary is the voice of the people, not of Solmar."

Asked to comment on that, Morrison hesitates, then says: "I think most people in Caledon are intelligent enough to understand it is a developer's newspaper."

this caledon perspectives paper is interesting... quite a few articles and opinions about the proposed development and the infill plans. The editor of the paper writes an editorial basically accusing a lot of people who oppose new development in Caledon East, Bolton, Mayfield etc. of being racist.

http://www.caledonperspectives.ca/Caledon/Documents/Paper/A04.pdf
http://www.caledonperspectives.ca/Caledon/Documents/Paper/A07.pdf
http://www.caledonperspectives.ca/Caledon/Documents/Paper/A08.pdf
http://www.caledonperspectives.ca/Caledon/Documents/Paper/A09.pdf
 
The bias of that paper is clear, but its the only paper that is delivered free to my area, and the only paper which reports on issues facing all of Caledon. The Caledon Citizen was always very Bolton-centric, and we have to get second hand copies from friends who live in Bolton.
 
Got my latest issue of Caledon Perspectives today.

The top story is a "this newspaper is not a developer's side project" editorial. Usually when that's your lead you just might be a developer's side project.
 
More from the Star:

Caledon's fight over farmland
Solmar Development has threatened to sue the town over council's decision to bar construction in Bolton. Council will discuss asking province to step in
Jul 01, 2008 04:30 AM
Phinjo Gombu
Urban Affairs Reporter

Caledon council will hold a special meeting tomorrow night in part to discuss a frustrated developer's threat to sue after council decisions thwarted his plans for a huge residential development on farmland southwest of Bolton.

In an unusual move, the municipality – mired in an acrimonious battle over Solmar Development Corp.'s proposal to build homes for 21,000 there – has made public the details of owner Benny Marotta's demands, saying the letter raises questions the province needs to address.

The council will discuss whether to ask the province for a public inquiry into the challenges rural municipalities are facing. According to the town, Caledon – like other communities around the Greater Golden Horseshoe – is being left to battle developers on its own while trying to implement the province's sweeping plans to curb urban sprawl.

"We are asking for a provincial inquiry into growth management ... because Caledon is a perfect example of a municipality trying to manage growth and the provincial policies in a responsible fashion," Mayor Marolyn Morrison said yesterday. "And this is what is happening to us."

In Caledon, the squeeze between provincial targets for population growth and developers facing potential losses in the millions came to a head with the extraordinary decision to freeze the urban boundaries of Bolton for at least 14 years.

That community, in Caledon's southeast corner, had reached its 26,500 population target 13 years early – aided in part by a series of Ontario Municipal Board decisions that overruled the council's decisions.

As a result, council essentially told Marotta it wouldn't even consider his application to develop the 740 hectares of farmland he holds adjacent to Bolton until 2021. What growth happens in Caledon, it decided, would happen in an area to the west, around Mayfield Rd. and Hurontario St.

In a report released yesterday, town solicitor Nadia Koltun said the lawsuit threat from Solmar is typical of the "challenges inherent in the current development processes" facing municipalities.

The combined effect of recent provincial legislation, including the Places to Grow plan and the Oak Ridges Moraine Act, is to limit the investment opportunities of many developers, Koltun wrote.

"This has created a tension in the development processes which can lead to confrontation, threats of lawsuits, intimidation and innuendo," wrote Koltun. "The resulting crises undermine public confidence in ... government."

Similar pressures are building in Durham Region, York Region and especially Simcoe County, where applications from developers far exceed population targets the province has set.

Provincial guidelines to curb sprawl say that at least 40 per cent of all new growth must occur within the so-called "urban boundary," meaning the line at which buildings stood two years ago.

A telling example is in York Region, where 70 per cent of the land is now protected from development. Some 25 per cent is already developed. That leaves just 6 per cent left for developers to fight over, in places like Vaughan, Markham and East Gwillimbury.

The issue has polarized Caledon, with some residents supporting council's position on "managed growth" and others complaining the boundary freeze will stifle growth and hurt business.

Much of the debate takes place on the pages of Caledon Perspectives, a local newspaper Marotta recently helped launch, which pitches a vigorous pro-growth line.

Some say Bolton can't take any more people. Others insist that limiting the size of the town doesn't mean it can't grow, and that redevelopment and infill could boost the population.

In the email from Solmar's lawyer, Marotta's company demands that Morrison retract allegedly "slanderous" statements, that the town do a "residential needs study" and make good on what are described as alleged "representations and warranties made to Solmar when it commenced investing in Caledon."

Solmar's investments include $50 million sunk into a business park that sits near-empty, its options on agricultural land, and expensive studies justifying the plan to build homes.

The town has responded by indicating in Koltun's report that it will pursue "business as usual," while Morrison said she has nothing to apologize for and knows nothing of any promises made to Solmar.

"It is my duty as mayor to uphold council decisions, and council's decision was that this development was premature and that it would not be happening at this point," Morrison said.

"There is something wrong with the process when a developer can come in and think that what they want to do is more important than what the municipality that represents the people (wants)," she said.

Reached yesterday, Marotta said he had no comment about his correspondence with the town and referred questions to his in-house lawyer, Lawrie Jacques, who did not return calls and emails from the Star.

Ordinarily, Koltun wrote, such issues would be dealt with behind closed doors, but in this case, "there were reasons that suggested such a report should be presented in open session" – including the potential financial impact and the fact that the only identified person involved in the threatened lawsuit was the mayor.

http://www.thestar.com/News/GTA/article/452127
________________________________________________________________

Buying up agricultural land and demanding land to be rezoned is simple speculation. Developers should have no right to sue under these circumstances.

AoD
 
More from the Star:

Buying up agricultural land and demanding land to be rezoned is simple speculation. Developers should have no right to sue under these circumstances.

AoD

I fully agree with you, but it gets a little bit more complicated than this. There are allegations that the land the town approved development on was owned by the mayor's former campaign manager.

Developer's shouldn't have the right to sue, but it becomes a very grey area when the politicians might have been in a conflict of interest. I'm the last person who wants to see development on farmland, but unless the debate is fair and transparent then we run the risk of scaring investers away.

I'm not saying that the Town of Caledon is like Zimbabwe, but I wouldn't want to invest in Zimbabwe because you can't trust Mugabe.
 
The eternal war between the Evil Developers and the Righteous Municipalities continues apace. Join us for Episode XXXIII: A New Ally: The Provincial Government followed by Episode XXXIV: The OMB Strikes Back
 
RR:

Actually what you've mentioned is a separate issue - the first is the expectation that agricultural land can be bought up and rezoned for development (which I don't think should be the case automatically); the second is under what circumstances is rezoning appropriate - and that's where there is a need for transparency.

AoD
 
I don't think it's really a separate issue at all. I think it's central to understand why the developer in this case feels that he's been treated unfairly.

The town made the decision to grow on the land in Mayfield West instead of the Solmar land in Bolton. They had set growth limits, so the only choice was where they were going to allow that growth to occur.

It was never a case of "we can do both". It was always a case of "where can we put these limited number of pieces".

If the decision was made completely above board, then Solmar was just unlucky and has no case. But, I'm not convinced the decision was made above board.
 
I love Caledon :)

I've been following this thread and you all make some very good points, but I thought I'd join in and add some clarification where needed:

- The Mayfield West development was set in place and fully in motion before a certain developer brought forward there plans for development in Bolton, mostly likely even before the property in Bolton was purchased.

- This supposid conflict of interest surrounds placement of the HWY 410 extension and not that of Mayfield West. And the 410 extension has been on the official plan since 89 or around then...

- The new paper in Caledon which in fact as proven by Taylor Parnaby on CFRB 1010 (available here: http://www.cfrb.com/node/734721) (*very interesting read) is directly funded and linked to Solmar. Although for the first few months the paper was in circulation the editor in chief adamantly denied this!! It's seems now she's changed her tune…


... anyways I could go on and on, but I wont. Just wanted to say this is a good open minded thread, and it's nice to see that not everyone believes a certain new to Caledon papers slanted views…
 
I feel the pain. I lived in Bolton for 2 years, back when it was about 2,500 people. I went to James Bolton the year it opened, after the old one burned down. A lot of people retired up there, thinking it would be paradise forever. But that was the sleepy '70s. Now, some people buy property just for the investment.

But things change, and a lot of people don't like that. My step-aunt (does that make any sense?) left 180 acres in Woodbridge that GreenPark bought up in '86. My family made over 2 million dollars - back when 2 million was alot of money.
People who've always lived in a big city don't understand how small town politics can get nasty and heated. A lot of people buy land in and around these small towns, trying to second guess where property values will be in 10 or 15 years.
Sure, you can make money on a house in Kingsway, but when you buy 100 acres for a song and then sell it for millions - now you're talking!

I took my partner up to an old burned out bridge just off King City sideroad where my friends and I used to go swimming on hot summer days and I was horrified to see a subdivision off in the distance.:eek:

It tugged at my heart and I don't live there any more. I can only imagine how the locals feel!
 

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