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HomeMy WebLinkAboutPLN 11-15 Cif ._ Report to Planning & Development Committee PICKERING Report Number: PLN 11-15 Date: September 14, 2015 From: Thomas Melymuk Director, City Development Subject: Federal Lands Revised Pickering Airport Site and Revised Airport Zoning Regulations File: T-2700-003 Recommendation: 1. That Transport Canada be advised that the City of Pickering does not object to the Order that appeared in the Canada Gazette, Part 1, on July 18, 2015, proposing to declare a smaller Pickering Airport Site and the corresponding revised Airport Zoning Regulations; and 2. Further, that a copy of Report PLN 11-15 be forwarded to Transport Canada, the Region of Durham, the Region of York, the City of Markham, the Town of Whitby, the Town of Ajax, Township of Uxbridge, Town of Whitchurch-Stouffville, the Township of Scugog, and the Toronto and Region Conservation Authority. Executive Summary: In 2001, the Federal Government declared the entire 7,530 hectares (18,600 acres) that it had acquired (in 1972) for a potential airport as the "Pickering Lands Airport Site". In 2005, the Federal Government enacted Airport Zoning Regulations (AZRs) for the Pickering Site. AZRs put in place controls to protect the safety of aviation and aircraft from hazards including: restricting the height of buildings and objects; restricting uses that would attract wildlife (birds); and restricting uses that would create electronic interference with aircraft and airport communication. In 2013, the Federal Government transferred 2,023 hectares (5,000 acres) of the Pickering Lands to the Rouge National Urban Park, and then in 2015, committed to transferring an additional 2,104 hectares (5,200 acres) to the Park. The Federal Government advised that the remainder of the Lands will be protected for economic development including an airport (see Newly Identified Land Uses for the Pickering Lands, Attachment#1). Since the Federal Government has determined that only part of the Lands originally declared as an Airport Site will need to be protected for an airport, a revised Declaration Order identifying the reduced area of 3,520 hectares (8,700 acres) has been published in the July 18, 2015 edition of the Canada Gazette. In conjunction with the intent to declare a smaller Airport Site, and a minor change in the orientation of the possible runways, the Federal Government has also determined that revised AZRs are required. The revised AZRs have also been published in the July 18, 2015 edition of the Canada Gazette. Interested parties have up to September 15, 2015 to provide written comments to Transport Canada on both proposals. Report PLN 11-15 September 14, 2015 Subject: Revised Pickering Airport Site and Revised AZRs Page 2 The Federal Government's conclusion that a significant amount of the land it acquired in 1972 is no longer required to be protected for a potential airport is supported. The intended transfer of over half of the Pickering Lands Airport Site to the Rouge National Urban Park is a significant addition that will augment the environmental and agricultural systems of the Park. The remaining amount of land is sufficient for airport purposes and related economic development opportunities. It is recommended that Council advise Transport Canada that the City of Pickering has no objection to the proposed Order to declare a smaller "Pickering Airport Site". The corresponding revisions to the AZRs result in a reduction to the number of Pickering properties subject to the height and electronic interference controls. However, all property owners in Pickering who are subject to the 2005 AZRs are subject to restrictions on land uses that attract wildlife and birds, and will remain subject to these same restrictions under the revised AZRs as the extent of the wildlife (bird) hazard zone did not change within the City. Overall, the AZRs did not change significantly for lands in Pickering, and staff recommend that Council advise Transport Canada that the City of Pickering has no objection to the proposed revisions to the AZRs. Financial Implications: There is no cost to the City in responding to Transport Canada's notice of intent to prepare new AZRs for a smaller Pickering Airport Site. 1. Background 1.1 Original declaration of the Pickering Airport Site In 1972, the Government of Canada expropriated 7,530 hectares of land located in Pickering, Markham and Uxbridge for the potential development of a new airport. The majority of the expropriated lands are located in Pickering. At the same time, three Provincial Minister's Zoning Orders (MZOs) were enacted to ensure that land use and new development proposals on lands adjacent to the Federally-owned lands would remain compatible with a future airport and its operations. The lands were declared an airport site in August 2001 by the Federal Minister of Transport, and became known as the "Pickering Lands". 1.2 The introduction of Airport Zoning Regulations Airport Zoning Regulations (AZRs) help ensure that potential and future development near an airport site remains compatible with the safe operation of aircraft and an airport site. In 2005, the Federal Government enacted AZRs to protect lands for a possible Pickering airport. A map showing the extent of land subject to the 2005 AZRs is provided as Attachment#2. The existing AZRs affect lands in the City of Pickering, the Towns of Ajax and Whitby, and the Townships of Scugog and Uxbridge in Durham Region, as well as, the City of Markham, and the Town of Whitchurch-Stouffville in the Region of York. Report PLN 11-15 September 14, 2015 Subject: Revised Pickering Airport Site and Revised AZRs Page 3 1.3 The Federal Government has initiated the formal regulatory process to reflect a smaller airport site and revised Airport Zoning Regulations A Public Notice advising of the Federal Government's intent to declare a smaller airport site on the Pickering Lands, to propose revised AZRs, and to undertake future public consultation appeared in the Pickering News Advertiser on January 29, 2014. On July 18 and 25, 2015, a notice pursuant to the Aeronautics Act was published in the Canada Gazette, Part 1, initiating a 60-day public consultation period as part of the formal regulatory process to establish an order declaring a smaller Pickering Airport Site and to introduce revised Pickering Airport Site Zoning Regulations. Interested parties have up to September 15, 2015 to submit written comments to Transport Canada about the order and the proposed regulations. 2. Discussion 2.1 The declaration of a smaller airport site will facilitate the creation of a larger Rouge National Urban Park In June 2013, the Federal Government announced plans for the development of the Pickering Lands. The plan included the transfer of 2,023 hectares of land to the newly created Rouge National Urban Park, the identification of land for economic development, and a proposed Pickering Airport Site reduced in size to 3,520 hectares. The smaller Pickering Airport Site would be located entirely within the City of Pickering. A map showing the proposed smaller airport site is attached (see Newly Identified Land Uses for the Pickering Lands, Attachment#1). Subsequently, in July 2015, the Federal Government announced that an additional 2,104 hectares in the northwest sector of the Pickering Lands would be added to the Rouge National Urban Park. The Federal Government is retaining the remaining lands to accommodate a Pickering Airport Site. Lands east of Brock Road and south of Highway 7 will be retained by the Federal Government of economic development purposes (see Attachment#1). 2.2 Airport Zoning Regulations ensure development will not create a hazard to aviation All landowners and lessees within the regulated area must comply with the AZRs. The AZRs are deposited on title in local Provincial Land Registry Offices by the Federal Government. A landowner or representative searching title will be advised by a notice on the abstract page that the property is affected by the airport zoning regulations. Area municipalities affected by the regulations use these regulations when considering development proposals within the vicinity of an airport. Any land use, building, structure and object that existed on the day the AZRs come into force, is grandfathered. Report PLN 11-15 September 14, 2015 Subject: Revised Pickering Airport Site and Revised AZRs Page 4 AZRs restrict the height of buildings, structures and objects, including natural growth, on regulated lands within the vicinity of an airport. By regulating such features, the AZRs are intended to prevent lands near the Pickering Airport Site from being used or developed in a manner that would be incompatible with the safe operation of an airport or aircraft. AZRs comprise regulatory zones that include restrictions on: • the height of structures, objects and natural growth • land uses and activities that cause electronic interference with communications or signals to and from aircraft and other aeronautical facilities, and • land uses and activities that attract birds that could cause a hazard for aircraft 2.3 For the majority of the lands in Pickering, the revised Airport Zoning Regulations have no impact The 2005 AZRs protect for an airport consisting of three strip surfaces (runways) in east/west, and northwest/southeast configurations on 3,520 hectares (see Extent of Lands Subject to the 2005 Airport Zoning Regulations, Attachment#2). The revised AZRs protect for a smaller airport site also consisting of three strip surfaces (runways) but of reduced length, and having similar but slightly different configurations (see Extent of Land Subject to the Revised.Airport Zoning Regulations, Attachment#3). The reduction in airport site size and changes in runway configurations do not propose any changes for lands within the City of Pickering that are subject to the • existing restrictions on land uses and activities that cause a bird hazard for aircraft (see the Wildlife Hazard Zone dashed lines on Attachments #2 and #3). Lands in Pickering that are subject to existing restrictions on land uses and activities that cause a bird hazard for aircraft will continue to be subject to the same restrictions under the revised AZRs. There are minimal implications on Pickering landowners who are subject to the regulatory zones that restrict the height of structures, objects and natural growth; and land uses and activities that cause electronic interference with communications. There is a modest reduction in the size of the area subject to these restrictions in Pickering. However, because of the change in orientation of the proposed runways, some additional properties will now be subject to these restrictions (and some other properties will no longer be affected). The following summarizes the impact of the revised AZRs within the City of Pickering (see Impact of Revised Airport Zoning Regulations, Attachment #4): • all lands in Pickering that are subject under the 2005 AZRs to restrictions on land uses and activities that cause a bird hazard for aircraft continue to be subject to restrictions on land uses and activities that cause a bird hazard for aircraft under the revised AZRs, Report PLN 11-15 September 14, 2015 Subject: Revised Pickering Airport Site and Revised AZRs Page 5 • the majority of the lands within Pickering that are subject to height and land use restrictions under the 2005 AZRs will continue to be subject to height and land use restrictions under the revised AZRs (see areas shown in `yellow' on Attachment#4), • three areas that are subject to height and land use restrictions under the 2005 AZRs will not be subject to restrictions on height and land uses that cause electronic interference but will continue to be subject to restrictions on land uses that cause bird hazards under the revised AZRs (see areas shown in 'green' on Attachment#4), and • two areas that not subject to height and land use restrictions under the 2005 AZRs will be subject to height and land use restrictions under the revised AZRs (see areas shown in 'purple' on Attachment #4). 2.4 The Seaton Employment Lands will continue to be subject to the Airport Zoning Regulations The Seaton Employment lands are regulated by the 2005 AZRs, and will also be regulated by the revised AZRs. Development of these lands will continue to be subject to restrictions on building height and natural growth, and land uses and activities that cause interference with communication and attract wildlife. Subject to the site specific grade elevations, development sites in the employment corridor will be subject to a maximum building height of approximately 45 metres or 10 to 12 stories. 2.5 Changes to the Minister's Zoning Orders While there have been recent reductions in the extent of the MZO in Markham, the Province has made no changes to the MZOs in Pickering as a result of the implementation of the existing or proposed revised AZRs. Transport Canada has indicated that there will be future discussions with the Province with respect to • the MZOs. 3. Conclusion • 3.1 The declaration of a smaller airport site and revised Airport Zoning Regulations will have minimal impact for Pickering For the majority of lands in Pickering that are subject to the 2005 AZRs, the declaration of a smaller airport site, and revised AZRs will have minimal impacts. The addition of over half of the original Pickering Airport Site to the Rouge National Urban Park is a positive action. Staff recommend that Transport Canada be advised that the City of Pickering has no objection to the proposed declaration of a smaller Pickering Airport Site and the revised AZRs. Further, staff recommend that a copy of Report PLN 11- 15 be forwarded to municipalities subject to the 2005 AZRs, and the Toronto and Region Conservation Authority. Report PLN 11-15 September 14, 2015 Subject: Revised Pickering Airport Site and Revised AZRs Page 6 Attachments 1. Newly Identified Land Uses for the Pickering Lands 2. Extent of Lands Subject to the 2005 Airport Zoning Regulations 3. Extent of Lands Subject to the Revised Airport Zoning Regulations 4. Impact of Revised Airport Zoning Regulations Prepared By: Approved/Endorsed By: 4/4/4-&;,/kQ Deborah Wylie, MCIP, RPP Catherine Rose, MCIP, RPP Principal Planner— Policy Chief Planner 4711--4 •1(// - 911e/( Jeff Brooks, MCIP, RPP Thomas Melym , MCIP, RPP anager; Policy & Geomatics Director, City Development / DW:Id Recommended for the consideration of Pickering City Council / / "d ‘f Ac4i 31, 2i91.5 Tony Prevedel, P.Eng. 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IIIMPAININMME Impact of Revised Airport Zoning Regulations ■u■1 City of Pickering Boundary Lands continue to be subject to height and land use —••—• Municipal Boundaries restrictions on land uses that cause bird hazards ■1 1 ■Air ort Site Boundary and electronic interference ti . .■ p rY Runways Lands no longer subject to height and land use restrictions Approaches but continue to be subject to restrictions on land uses (ZZ Wildlife/Bird Hazard Zone that cause bird hazards and electronic interference Lands now subject to height and land use restrictions on land uses that cause bird hazards and electronic interference City of Pickering f