HomeMy WebLinkAboutCAO 05-03
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REPORT TO
COMMITTEE OF THE WHOLE
Report Number: CAO 05-03
Date: May 27,2003
From:
Thomas J. Quinn
Chief Administrative Officer
Subject:
Federal Lands in Pickering, Markham and Uxbridge
Implementation of Federal Airport Zoning Regulations
File: D-7600-003
Recommendations:
1. That Report CAO 05-03 concerning the implementation of Federal Airport Zoning
Regulations be received for information.
2. That Transport Canada be advised that the City supports in principle, the
establishment of Airport Zoning Regulations in order to protect lands surrounding the
federal lands in Pickering, Markham and Uxbridge from uses and activities that are
incompatible with the safe operation of a possible future regional-reliever airport on
the lands.
3. That Transport Canada be requested to defer publication of the Airport Zoning
Regulations in the Canada Gazette Part II until appropriate implementation
guidelines are prepared to the satisfaction the City, the other affected municipalities,
and other public agencies affected by the regulations, including the preparation of
appropriate mitigation techniques for uses affected by the bird hazard zone.
4. That Transport Canada be requested to confirm that it is prepared to modify the
Federal Airport Zoning Regulations if necessary, to ensure consistency with the
interim planning work being undertaken by the Greater Toronto Airports Authority,
particularly with respect to possible future runway locations.
5. That a copy of this Report be forwarded to Transport Canada; the Greater Toronto
Airports Authority; the Region of Durham; the municipalities of Markham, Whitby,
Ajax, Uxbridge, Whitchurch-Stouffville, and Scugog; and the Toronto Region
Conservation Authority.
Executive Summary:
On April 12, 2003, Transport Canada published notice in the Canada Gazette Part I of
its intention to establish Airport Zoning Regulations around the federal lands in
Pickering, Markham and Uxbridge. The Gazette Part I publication resulted in a 50-day
formal response period, which ends on June 11,2003.
Report CAO 05-03
Date: May 27, 2003
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Subject: Federal Lands in Pickering, Markham and Uxbridge
Page 2
This Report provides information on the Federal Airport Zoning Regulations, and
recommends that Council advise Transport Canada that it supports in principle, the
establishment of the proposed Regulations, so long as registration is deferred until
satisfactory implementation guidelines are established and agreed to by the City, the
other affected municipalities, and other public bodies affected by the restrictions.
The Report also recommends that Transport Canada confirm it will adjust the Airport
Zoning Regulations if necessary, so that they are consistent with the Greater Toronto
Airports Authority interim planning process, especially the results of the runway siting
study.
Financial Implications:
There is no cost to the City (other than staff time) in responding to Transport Canada's
notice of intent to establish Airport Zoning Regulations around the federal lands in
Pickering, Markham and Uxbridge.
However, additional costs to the City may be incurred if Transport Canada imposes
significant design or maintenance requirements on the City, with respect to the
establishment of certain uses (such as storm water management ponds, municipal
parks, and communitylrecreation centres) within the designated bird hazard zone. The
magnitude of such costs cannot be determined without further discussion on the nature
and extent of the "bird mitigation techniques" that will be required for these facilities.
Background:
Below is a brief history of events leading up to Transport Canada's decision to publish
notice of its intention to establish Airport Zoning Regulations (AZR) around the federal
lands in Pickering, Markham and Uxbridge.
. Transport Minister David Collenette announced his intention to declare the
federal lands in Pickering, Markham and Uxbridge as an "airport site" under
the federal Aeronautics Act in July 1998.
. Pickering Council in December 1998, asked the Minister to not declare an
airport site pending further consultation with Pickering and the other
stakeholders.
. Transport Canada subsequently agreed to not declare an airport site
pending further discussions with Pickering, other affected municipalities
and community groups. A "Stakeholders Committee" was established, with
representatives from Pickering, Markham, Whitby, Ajax, Uxbridge,
Whitchurch-Stouffville, Scugog, Durham Region, York Region, the Ajax-
Report CAO 05-03
14 Subject: Federal Lands in Pickering, Markham and Uxbridge
Date: May 27,2003
Page 3
Pickering Board of Trade, and a number of local residents and interest
groups.
. Between 1999 and 2002, a series of Stakeholder Committee meetings
were held to discuss issues of mutually interest, and to consider an
alternative approach to federal airport zoning. In the end, consensus could
not be reached on a legally and technically acceptable way of implementing
an alternative approach to airport zoning, known as the "municipal by-law"
approach.
. The federal lands were declared an "airport site" in August 2001 by the
Federal Minister of Transport (this declaration is required before airport
zoning can be established, even if using the "municipal by-law" approach).
. In the latter half of 2002, Transport Canada staff met with staff of the
affected municipalities to explain the federal airport zoning regulations and
obtain technical advice and comments. In October 2002, Transport
Canada presented the draft Airport Zoning Regulations to the City's
Finance & Operations Committee.
. In April 2003, the Federal Transport Minister gave notice of his intention to
establish Federal Airport Zoning Regulations. A series of public open
houses were also announced, including two in Pickering (on May 27 at the
Pickering Recreation Complex and on May 31 in Claremont).
Following the receipt of comments, Transport Canada staff will be finalizing a
"Regulatory Impact Analysis" for submission to the Minister. The Analysis will include a
summary of Transport Canada's consultation process as well as a cost-benefit analysis
of the AZR project. The AZR and the Regulatory Impact Analysis will then be
forwarded to various federal government offices for review, and after that, submitted to
Privy Council for final approval. The approved regulation is then published in Canada
Gazette, Part II. The regulation comes into force when it is registered on title, and
published in the local newspapers. Transport Canada has advised that it anticipates
the entire process will take place over the remainder of 2003.
PURPOSE OF AIRPORT ZONING REGULATIONS
The AZR apply to lands adjacent to and in the vicinity of an airport; they do not apply to
the airport site itself. In the case of the federal lands in Pickering, Markham and
Uxbridge, the proposed AZR would extend from almost Highway 404 in Markham to
almost the eastern edge Whitby, and from north of Ballentrae, Goodwood and Coppins
Corners in Whitchurch-Stouffville and Uxbridge, to south of Highway 401 in Pickering
and Ajax (see Attachment No.1).
Report CAO 05-03
Date: May 27 2003
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Subject: Federal Lands in Pickering, Markham and Uxbridge
Page 4
All landowners and lessees within the regulated area must comply with the AZR,
although uses in existence prior to the regulation coming into force would be
grandfathered.
Airport zoning under the federal Aeronautics Act is different from, and should not be
confused with land use zoning under the provincial Planning Act: The AZR proposed
for the Pickering site will provide three types of regulatory controls.
1. Restrictions on the height of buildings, structures, objects and natural
growth within the take-off and approach surfaces, the transitional surfaces
and the outer surface surrounding the airport site, in order to ensure
obstacle free airspace for the safe manoeuvring of aircraft and to maintain
the operational integrity of the airport1.
2. Restrictions on land uses and activities that cause electronic interference
with communications or signals to and from aircraft and with other
aeronautical facilities.
3. Restrictions on land uses and activities that cause a bird hazard for
aircraft.
The bird hazard restrictions are of particular interest and significance to Pickering, and
warrant further explanation. Transport Canada has prepared a separate "Guidance
Document" to assist in understanding how the airport zoning restrictions will be applied.
The Guidance Document includes detailed information on the bird hazard regulations.
BIRD HAZARD REGULATIONS
The purpose of the bird hazard provisions of the AZR is to restrict land uses and
activities near the Pickering airport site that attract birds hazardous to the operation of
aircraft and airports. In 2002, a consultant report was completed for Transport Canada
with recommendations concerning the wording of the bird hazard provisions, and the
extent of the bird hazard zone.
Three "bird hazard sub-zones" were identified: a "primary" zone around the take-off and
departure paths; a "secondary" zone extending 4 kilometres from the primary zone; and
"special" bird hazard zone extending another 6 kilometres to the north where the
location of certain uses such as landfills would be of particular concern because they
The take-off and approach surfaces are long sloped surfaces, beginning at each end of a runway,
sloping upwards at a 1.67% slope for the first three kilometres, and then at a 2% slope for the next 12
kilometres. The outer surface is a horizontal ceiling 45 metres (150 feet) above the airport site with a
radius of approximately 6.5 kilometers. The transitional surfaces are much smaller and less restrictive.
They are located on the sides of the take-off/approach surfaces and provide lateral protection for
arriving and departing aircraft.
Report CAO 05-03
Date: May 27, 2003
16
Subject: Federal Lands in Pickering, Markham and Uxbridge
Page 5
would encourage daily bird movements to and from Lake Ontario over the airport site.
Together, the three sub-zones make up the full extent of the Bird Hazard Zone for the
Pickering site.
The consultant report also lists and ranks land uses and activities as low risk, moderate
risk, or high risk, according to their location and potential for attracting hazardous birds.
The list is not exhaustive and other land uses and activities may be added as they are
identified. Land uses that are permitted in a particular bird hazard zone are indicated
by a "Yes". In the case of a "No", the use may still be permitted if acceptable bird
mitiqation techniques are employed. The list in the consultant report was included by
Transport Canada in its Airport Zoning Guidance Document (see Attachment No.2).
Preliminary discussions have begun with Transport Canada staff as to the type of "bird
mitigation techniques" that would be required in order to allow certain uses in the table
that are òf particular interest to the affected municipalities, including stormwater
management ponds, municipal parks, and community/recreation centres. However, to
date, agreement has not been reached on the appropriate level and type of mitigation
that would be required, and more discussion with Transport Canada is needed.
Accordingly, although the establishment of Federal Airport Zoning Regulations can be
supported in principle, it is recommended that Council request Transport Canada to
defer publication of the Airport Zoning Regulations in the Canada Gazette Part" until
appropriate implementation guidelines are prepared, to the satisfaction the City, the
other affected municipalities, and other public agencies affected by the regulations,
including the preparation of appropriate mitigation techniques for uses affected by the
bird hazard zone.
RELATIONSHIP TO THE GREATER TORONTO AIRPORTS AUTHORITY
INTERIM PLANNING PROCESS
It is important to note that Transport Canada established the Airport Zoning Regulation
height restrictions based on an earlier concept for a full-international airport on the
Pickering lands. This concept provided for "runway envelopes" that were significantly
larger than would be established through a more detailed planning exercise as is
currently being undertaken by the Greater Toronto Airports Authority (GTAA) through its
interim planning process. The GT AA is completing a runway siting study and should
have results early in 2004. We understand that the runways identified by the GT AA will
probably lie within the broad runway envelopes proposed under the full-international
concept being used by Transport Canada to establish the AZR, but this cannot be
verified until the GTAA study is completed.
Accordingly it is recommended that Council request Transport Canada to confirm that it
is prepared to modify the Federal Airport Zoning Regulations if necessary, to ensure
consistency with the interim planning work being undertaken by the Greater Toronto
Airports Authority, particularly with respect to possible future runway locations.
Report CAO 05-03
Date: May 27, 2003
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Subject: Federal Lands in Pickering, Markham and Uxbridge
Page 6
Attachments:
1.
2.
Draft Pickering Airport Site Zoning Regulations (map)
Land Use Within the Bird Hazard Zone (table)
Prepared By:
Approved / Endorsed By:
TM
Attachments
Copy: Director, Planning & Development
Division Head, Corporate Projects & Policy
Recommended for the consideration of
Pickering City Council
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DRAFT PICKERING AIRPORT SITE ZONING REGULATIONS
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ATTACHMENT # L
TO REPORT Ie ¡~c
19
Land Use Within the Bird Hazard Zone
Hi!!"h Risk
Putrescible Was
Food Waste Ho
Wildlife Refu
Racetracks
Permitted Land Uses*
Primary Secondary
Special
Land-Uses**
No
No
No
No
No
No
No
No
No
No
No
No
Moderate Risk
Open or Partially Enclosed
Waste Transfer Stations
Cattle Paddocks
Sewage Lagoons
Municipal Parks, Picnic Areas
Golf Courses
No
No
No
No
No
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Low Risk
Dry Waste Landfills
Man-made Marshes, Swamps and Mudflats
Commercial Shopping Malls, Plazas
Fastfood Restaurants
Outdoor Restaurants
Schoolyards
Community/Recreation Centres
'"No
:No
~o
"~o~
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Potentially Riskv
Poultry Factory Farms
Enclosed Waste Transfer Stations
WetlDry Recycling Facilities
Stonnwater Management Ponds
Plowing/Cultivating
No Risk
Compost Facilities
Natural Habitats
Agricultural Fields
Haying
Rural Ornamental and Farm Ponds
Residential Areas
No
No
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
*Land uses and activities existing prior to the coming into force of the Pickering Airport Síte Zoning Regulations
are deemed to be legally non-conforming.
**Contact Transport Canada for land uses not listed. When introducing permitted land uses, it is stilI prudent for
landowners to use recommended mitigation techniques or "best practices" to ensure that the level of risk is not
increased to a level that is restricted by the AZR.
*** While a "No" indicates that a particular land use is restricted in one or all of the bird zones, this use may still be
permitted if acceptable bird mitigation techniques are employed.
NB: This page is part of TP14026E and must be interpreted within the context of the entire document.
Transport Canada, Aerodrome Safety, ANS & Airspace, February 20, 2003
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