HomeMy WebLinkAboutPLN 17-18C14 �6
DICKERING
Report to
Planning & Development Committee
Report Number: PLN 17-18
Date: June 18, 2018
From: Kyle Bentley
Director, City Development & CBO
Subject: Official Plan Amendment Application OPA 17-003/P
Amendment 31 to the Pickering Official Plan
City Initiated: Information and Communication Technology
Recommendation:
1. That Official Plan Amendment Application OPA 17-003/P, initiated by the City of Pickering, to
add new policies and revise existing policies in the Pickering Official Plan with regard to the
City's Information and Communication Technology Network and "Dig Once" Standard, as set
out in Exhibit "A" to Appendix I to Report PLN 17-18, be approved; and
2. That the Draft By-law to adopt Amendment 31 to the Pickering Official Plan, to add new
policies and revise existing policies in the Pickering Official Plan, as set out in Appendix I to
Report PLN 17-18, be forwarded to Council for enactment.
Executive Summary: Technology enhancements are necessary to enable success for
businesses and residents within the City — now and in the future. Access to high speed internet
service (broadband) is becoming essential for health care, education, employment, social and
political inclusion and overall economic success. To strengthen and support the development of an
Information and Communication Technology (ICT) network, and the implementation of the "Dig
Once" Standard, an application to amend the Pickering Official Plan was initiated by the City
Development Department. The resulting amendment to the Official Plan will introduce new policies
to Chapter 7 — Community Services and revise policies in Chapter 16 — Development Review of
the Official Plan. The proposed amendment will provide clear direction for implementation of an
ICT network and the "Dig Once" Standard" through future infrastructure projects and development
applications.
It is recommended that OPA 17-003/P be approved and the draft by-law to adopt Amendment 31
be forwarded to Council for enactment.
Financial Implications: No direct costs to the City are anticipated as a result of the proposed
Amendment.
Report PLN 17-18 June 18, 2018
Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 2
1. Background
The global economy, and society as a whole, is becoming increasingly computerized and
online. With government services, business functions, and entertainment options continuing
to evolve into online digital formats, access to high speed broadband Internet has been
recognized as a crucial driver for quality of life and economic competitiveness. Recently,
the Canadian Radio -television and Telecommunications Commission ruled that access to
broadband internet is a basic service that should be available to all Canadians.
1.1 Provincial Policy Statement and Provincial Growth Plan
The role that communication and telecommunication infrastructure plays in supporting
economic growth in Ontario is captured within the Provincial Policy Statement (PPS) and
the Growth Plan for the Greater Golden Horseshoe (Growth Plan).
The PPS provides for appropriate development while protecting resources of Provincial
interest, public health and safety, and the quality of the natural and built environment. The
PPS also supports improved land use planning and management, which contributes to a
more effective and efficient land use planning system. With respect to communications and
telecommunications infrastructure, the PPS indicates that "long-term economic prosperity
should be supported by encouraging efficient and coordinated communications and
telecommunications infrastructure."
The policies of the PPS are complemented by three provincial plans: the Growth Plan; the
Greenbelt Plan; and the Oak Ridges Moraine Conservation Plan. Provincial plans, in
tandem with municipal official plans, provide a framework for comprehensive, integrated,
place -based and long-term planning that supports and integrates the principles of strong
communities, a clean and healthy environment and economic growth, for the long-term.
With respect to infrastructure planning, the Growth Plan indicates that the "planning for new
or expanded infrastructure will occur in an integrated manner, including evaluations of
long-range scenario -based land use planning and financial planning" and that planning for
such infrastructure should include "providing sufficient infrastructure capacity in strategic
growth areas". In addition, the Growth Plan also indicates that "in planning for the
development, optimization or expansion of existing and planned corridors and supporting
facilities, the Province, other public agencies and upper- and single -tier municipalities will
encourage the co -location of linear infrastructure where appropriate."
1.2 Development of a Vision for the ICT Network
In September 2015, Council endorsed the "Dig Once" Standard, providing for the inclusion
of conduit to accommodate fiber optic cable in the standard design specification for all
future City road construction projects. Council directed City staff to adopt policies so that
the infrastructure necessary to accommodate a broadband system can be built over time.
City staff were also directed to continue their efforts to have the City recognized as an
intelligent community by the Intelligent Community Forum.
Report PLN 17-18 June 18, 2018
Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 3
1.3 Official Plan Amendment 31 to the Pickering Official Plan
To strengthen and support the development of an ICT network and the implementation of
the "Dig Once" Standard, an official plan amendment application was initiated by the City
Development Department. The proposed amendment applies City-wide.
On January 8, 2018, a public open house was held to provide information, and to assist
members of the public and other interested stakeholders to understand the proposal.
Following the open house, staff presented Information Report 01-18 and the proposed
amendment in a statutory public meeting inviting comments on the proposal.
The proposed amendment, including the text of the proposed new and revised policies, and
the corresponding informational text for the policy titles, was prepared in consultation with
various departments within the City. The proposed amendment was circulated to the
Region of Durham and other prescribed agencies and interested parties. In addition, the
notice was posted on the City's website, and an advertisement appeared in the local
newspaper for two consecutive weeks on December 13, 2017 and December 20, 2017
informing the residents on the public meeting and inviting their input and comments.
1.4 Durham Region Broadband Strategy
In March 2018, the Region released Phase One of its Broadband Strategy, which:
• identifies the needs and trends of various broadband users within Durham Region
• establishes the preliminary connectivity targets, based on the needs of users (based
on historical bandwidth, demand, and growth)
• describes the current connectivity conditions with the Region, including service gaps
where needs are not currently being met or are unlikely to be met in the future
• discusses technology options to achieve connectivity
• identifies potential roles and projects the Region (and other stakeholders) may
undertake to achieve increased connectivity
Phase Two will focus on evaluating and scoping the various roles and actions for the
Region identified in Phase One, developing and implementation plan, finalizing connectivity
goals, and delivery of the final Broadband Strategy.
The directions that are being planned for the Region's Broadband Strategy are consistent
with the City's proposed official plan amendment. Regional staff are engaging
stakeholders, including the City, in the development of the final strategy.
2. Comments received on Proposed Amendment 31
2.1 Comments from the public and agencies
We have received seven written comments on the proposed amendment. All the written
comments have been listed and addressed in the Agency and Public Comment Table in
Appendix II to this report.
Report PLN 17-18 June 18, 2018
Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 4
2.2 Summary of the comments
The comments received from the public and the agencies are very supportive and positive.
The Ajax -Pickering Board of Trade has expressed its support for the proposed amendment
and further mentioned that the amendment will provide clear direction for the
implementation of an efficient communication technology network. Bell, Enbridge and
Veridian generally support the City's proactive policies regarding the ICT network and "Dig
Once" Standard, but requested further clarification about responsibilities for implementation
of the Federal regulations. City staff also consulted Durham Region staff, who suggested
certain textual modifications to clarify jurisdictional responsibility for the regional versus local
roads (see Changes Recommended by the Region, Attachment #1).
3. Staff review of submissions
3.1 Staff have reviewed the submissions received and provided a response in the table
contained in Appendix II to this report. Staff concurs with the Region's comments on adding
policy text to clarify jurisdictional responsibility for regional versus local roads. The
proposed amendment has been revised to incorporate the comments suggested by the
Region.
4. Staff recommend that the Draft By-law to Adopt Recommended Official Plan
Amendment 31 be finalized and forwarded to Council for enactment
4.1 Staff recommend that Council support the Recommended Amendment by passing of a
by-law to adopt Amendment 31, as set out in Appendix I to Report PLN 17-18.
Appendices:
Appendix I Draft By-law to adopt Recommended Amendment 31 to the Pickering Official Plan
Appendix II Table — Response to Agency and Public Comments Received on Proposed Official
Plan Amendment 31
Attachment:
1. Changes Recommended by the Region to the Proposed Amendment 31 to the Pickering
Official Plan
Report PLN 17-18 June 18, 2018
Subject: City Initiated Official Plan Amendment Application (OPA 17-003/P) Page 5
Prepared By: Approved/Endorsed By:
Deepak Bhatt, MCIP, RPP
Planner 11
Jeff Brooks, MCIP, RPP, AMCT
Manager, Policy & Geomatics
DB:Id
Catherine Rose, MCIP, RPP
Chief Planner
Kyle Bentley, P. Eng.
Director, City Development & CBO
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P. Eng.
Chief Administrative Officer
Appendix I to
Report No. PLN 17-18
By-law to Adopt Amendment 31
to the City of Pickering Official Plan
The Corporation of the . ity of Pickering
B-.� 4X118
t Amendment a By -la o ado
p 31 to
the Official Plan for the City of Pickering
(OPA 17-003/P)
Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and
21(1), the Council of The Corporation of the City of Pickering may by by-law adopt
amendments to the Official Plan for the City of Pickering;
And whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal
Affairs and Housing has by order authorized Regional Council to pass a by-law to
exempt proposed area municipal official plan amendments from its approval;
And whereas on February 23, 2000 Regional Council passed By-law 11/2000 which
allows the Region to exempt proposed area municipal official plan amendments from its
approval;
And whereas the Region has advised that Amendment 31 to the City of Pickering
Official Plan is exempt from Regional approval;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That Amendment 31 to the Official Plan for the City of Pickering, attached hereto
as Exhibit "A", is hereby adopted;
2• That the City Clerk is hereby authorized and directed to forward to the Regional
Municipality of Durham the documentation required by Procedure: Area
Municipal Official Plans and Amendments;
3. This By-law shall come into force and take effect on the day of the final passing
hereof.
By-law passed this XX day of XXXX, 2018.
o00
David Ryan, Mayor
000
Debbie Shields, City Clerk
Exhibit "A" to By-law
Recommended Amendment 31
to the City of Pickering Official Plan
Amendment 31 to the Pickering Official Plan
Purpose:
The purpose of this Amendment is to add new policies and revise
existing policies in the Pickering Official Plan with regard to the
City's Information and Communication Technology Network and
"Dig Once" Standard.
Location: The Amendment applies City wide.
Basis:
Information and Communication Technology (ICT) is the
infrastructure and components that enable the modern use of
computers. ICT includes the establishment of a broadband network
and high speed internet service. This amendment strengthens and
supports the development of an Information and Communication
Technology (ICT) network, and the implementation of the "Dig
Once" Standard.
Amendment: The Pickering Official Plan is hereby amended by:
1) Adding new Sections 7.11 and 7.12 in Chapter 7 — Community Services, to read as
follows:
City Policy
ICT Network
7.11 City Council shall provide clear direction for collaboration, facilitation, investment
infrastructure advancement, skills development, and other initiatives necessary to
implement an Information and Communication Technology (ICT) network
throughout the City, by:
(a) identifying locations, in addition to the City Centre and Pickering Innovation
Corridor, where a more robust ICT infrastructure will be offered;
(b) prioritizing the implementation of ICT infrastructure to public facilities and
spaces;
(c) identifying measures that will be necessary to implement a city-wide ICT
network; within, and outside, the existing built-up urban area;
(d) identifying measures which will minimize the impact of ICT infrastructure on
the community and natural environment; and
(e) identifying measures which will ensure that the City's ICT infrastructure is
resilient and adaptable to change and next -generation technologies.
Amendment 31 to the Pickering Official Plan Page 2
City Policy
"Dig Once" Standard
7.12 City Council shall require, subject to the approval of the applicable jurisdiction with
responsibility for the road, and any requirements of any other applicable agencies,
the inclusion of conduit for fiber optic cable in all public rights-of-way, through new
development, redevelopment, road construction and reconstruction, in accordance
with the City's "Dig Once" Standard, and shall:
(a) ensure that all new development or redevelopment is designed to provide
the infrastructure for the delivery of, current or future, leading edge
information and communication technologies, to and throughout the
building(s); and
(b) require applications for development to provide an ICT Implementation Plan
which demonstrates how ICT technologies are to be designed and
implemented, including information regarding conduit construction and
ownership, and demonstrates that the associated conduit and wiring meets
or exceeds the minimum industry standard.
2) Revising Section 16.5A, "Required Studies for an Official Plan Amendment, Zoning
By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium
Approval", in Chapter 16 — Development Review, by removing the word "and" at the
end of Subsection (xxxv), and the period at the end of Subsection (xxxvi), and
replacing it with a semi -colon, and adding the word "and", and by adding the following
new Subsection (xxxvii) at the end of the section, to read as follows:
(xxxvii) an Information and Communication Technologies Implementation Plan
demonstrating how a dedicated broadband fiber optic conduit can be
designed and implemented, as referred to in Section 7.12(b).
3) Revising Section 16.58,"Required Studies for Site Plan Approval", in Chapter 16 —
Development Review, by removing the word "and" at the end of Subsection (xxv),
and the period at the end of Subsection (xxxvi), and replacing it with a semi -colon,
and adding the word "and", and by adding the following new Subsection (xxvii) at the
end of the section, to read as follows:
(xxvii) an Information and Communication Technologies Implementation Plan
demonstrating how a dedicated broadband fiber optic conduit can be
designed and implemented, as referred to in Section 7.12(b).
Implementation: The provisions set forth in the City of Pickering Official Plan,
as amended, regarding the implementation of the Plan shall
apply in regard to this Amendment.
Interpretation: The provisions set forth in the City of Pickering Official Plan
as amended, regarding the interpretation of the Plan shall
apply in regard to this Amendment.
Appendix 11 to
Report No. PLN 17-18
Response to Agency and Public Comments Received on
Proposed Official Plan Amendment 31
Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response
#
Agency/Individual
Comments
Staff Response
1
Region of Durham
(Teleconference
•
Regional staff noted that Proposed Amendment
31 is consistent with policies of the Regional
•
Agree to revise Policy 7.12 & 7.12(b) to reflect
regional road jurisdictional responsibility.
dated March 9, 2018
Official Plan.•
Agree to revise Policy 7.11(c) to clarify that
and Comment letter
dated March 13,
2018)
•
In accordance with By-law 11-2000, OPA 31 is
exempt from Regional approval.
future conduit may not be owned by the City
(see Attachment # 1).
•
Policy 7.12 & 7.12(b) be revised to include a
conduit in the regional road right-of-way and to
enter into an agreement with the Region to
permit it.
•
Policy 7.11(c) to be revised to clarify private or
public ownership of the conduit for fiber optic
cable.
2
Ajax-Pickering Board
of Trade
•
Supports the proposed OPA 31 which initiates
providing high speed Internet via broadband
within the City.
•
Support acknowledged.
•
The amendment will provide clear direction for
the implementation of an efficient ICT, and allow
residents and business of Pickering the access
to succeed in the digital age.
3
Bell Canada
•
Appreciate the City's role to provide modern ICT
infrastructure.
•
Policy 7.11 & 7.12 revised to accommodate
implementation and jurisdictional issues.
•
•
Request more clarity with respect to the
implementation policy.
Section 7.12 be modified to specifically identify
responsibilities for implementation.
•
The policy does not specify who the owner of
the ICT network will be or specifically where
routing will take place. Bell, Rogers, Veridian,
the Region, the City or another party could all
own portions of the network.
4
Enbridge
•
No objection to the proposed amendment
application.
•
Noted.
•
Reserves the right to amend or remove
development conditions.
Page 1 of 4
Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response
#
Agency/Individual
Comments
Staff Response
5
Veridian
Connections
• Requested clarity on implementation and extra
cost responsibility for providing extra ducts.
• No objection to OPA 31 in principle.
• The development of an ICT network does not
necessarily include or preclude the City from
developing or owning portions of this network.
A more detailed ICT network implementation
plan will be prepared by the City.
6
Trans -Northern
Pipelines Inc.
• No comments/objections on proposed OPA 31.
• Noted.
7
Ed Hachey
• Include terrestrial satellite facilities contemplated
for the wireless communication infrastructure.
• Proactively plan for the locations in the Official
Plan to facilitate terrestrial satellite network
demand.
• Further details related to distribution design
and technology will be developed through a
more detailed ICT network implementation
strategy by the City.
8
Glenn Pitura
Arutip Engg. Ltd.
a) Currently, Bell Canada and Rogers Cable both
provide fibre optic distribution throughout new
subdivisions within trench made available to
them by the Developer at the time of
construction. They have the infrastructure
backbone to provide this high-speed service
and have been providing this service for many
years. It would appear this proposed duct
routing for future fibre-optic servicing would
compete with them. However, there is no
known competitor who would be utilizing these
ducts at this time.
a) The policy does specify who the owner of the
ICT network will be or specifically where
routing will take place. Bell, Rogers, Veridian,
the Region, the City or another party could all
own portions of the network.
Page 2 of 4
Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response
#
Agency/Individual
Comments
Staff Response
b) The ICT implementation will require grade level
boxes every 150-180 metres within the
b)
Such street furniture would be required,
regardless of who theowner/provider of the
boulevards along the roadways fronting any
units, interconnected with a 7-cell future path
duct. This will not allow a future internet
provider to implement a fibre-optic distribution
system, as additional above grade equipment
(pedestals, distribution nodes, splitting points
etc.) will still be required to be added (based on
today's technology). It is our experience that
existing homeowners will not be receptive to
additional street furniture being placed on their
frontage in the future.
c) Although the intent is to "Dig Once", in order to
c)
network might be.
Further details related to distribution design
utilize the duct path, there will be future digging
and technology will be developed through a
required to connect individual customers, as a
more detailed ICT network implementation
complete path to each home cannot be dictated
without a distribution design, which
necessitates knowledge of what distribution
technology will be utilized.
d) Please confirm whom at the City will be
d)
strategy by the City.
City Development coordinates the approval of
reviewing/approving the ICT implementation
site plan, subdivision and condominium
plans, and at what cost and in what timeframe.
applications, and will circulate such plans to
These plans would require coordination with the
the relevant agencies for their review and
other utilities, and space in boulevards is at a
comment. The City will use a peer reviewer if
premium.
required.
e) The estimated cost to the Developer, not
including potential timing delays, is an
approximate $800.00/lot for a provisional
duct/hand well system.
e)
Noted.
Page 3 of 4
Table: Comments Received on Proposed Official Plan Amendment 31 and Staff Response
#
Agency/Individual
Comments
Staff Response
f)
In addition to the above, there was also a note
in the City's report that talked about ensuring
that all new development and redevelopment
designed to provide the infrastructure for the
delivery of, current or future, leading edge
information and communication technologies, to
and throughout the buildings. The above
comments deal with the "to the buildings"
component, but what do you mean by
"throughout the buildings"?
f)
The intent of the policy was that all units
within a multi -unit complex should be served
by such technologies. Therefore, services
should be required to extend from the street to
buildings, and encouraged throughout
buildings.
Page 4 of 4
Purpose:
ATTACHMENT # 1 TO
REPORT # PLR 17 - I
The purpose of this Amendment is to add new policies and revise
existing policies in the Pickering Official Plan with regard to the
City's Information and Communication Technology Network and
"Dig Once" Standard.
Location: The Amendment applies City wide.
Basis:
Information and Communication Technology (ICT) is the
infrastructure and components that enable the modern use of
computers. ICT includes the establishment of a broadband network
and high speed Internet service. This amendment strengthens and
supports the development of an Information and Communication
Technology (ICT) network, and the implementation of the "Dig Once"
Standard.
Amendment: The Pickering Official Plan is hereby amended by:
1) Adding new Sections 7.11 and 7.12 in Chapter 7 — Community Services, to read as
follows:
City Policy
ICT Network
7.11 City Council shall provide clear direction for collaboration, facilitation, investment,
infrastructure advancement, skills development, and other initiatives necessary to
implement an Information and Communication Technology (ICT) network
throughout the City, by:
(a) identifying locations, in addition to the City Centre and Pickering Innovation
Corridor, where a more robust ICT infrastructure will be offered;
(b) prioritizing the implementation of ICT infrastructure to public facilities and
spaces;
(c) identifying measures that will be necessary to implement a city-wide the
City=s ICT network; within, and outside, the existing built-up urban area;
(d) identifying measures which will minimize the impact of ICT infrastructure on
the community and natural environment; and
(e) identifying measures which will ensure that the City's ICT infrastructure is
resilient and adaptable to change and next -generation technologies.
City Policy
"Dig Once" Standard
7.12 City Council shall require, subject to the approval of the applicable jurisdiction with
responsibility for the road, and any requirements of any other applicable agencies,
the inclusion of conduit for fiber optic cable in all public rights-of-way, through new
development, redevelopment, road construction and reconstruction, in accordance
with the City's "Dig Once" Standard, and shall:
Page 1 of 2
ATTACHMENT # _ TO
REPORT # QLN t.1 -1B
(a) ensure that all new development or redevelopment is designed to provide
the infrastructure for the delivery of, current or future, leading edge
information and communication technologies, to and throughout the
building(s); and
(b) require applications for development to provide an ICT Implementation Plan
which demonstrates how ICT technologies are to be designed and
implemented, including information regarding conduit construction and
ownership, and demonstrates that the associated conduit and wiring meets
or exceeds the minimum industry standard.
2) Revising Section 16.5A, "Required Studies for an Official Plan Amendment, Zoning
By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium
Approval", in Chapter 16 — Development Review, by removing the word "and" at the
end of Subsection (xxxv), and the period at the end of Subsection (xxxvi), and
replacing it with a semi -colon, and adding the word "and", and by adding the following
new Subsection (xxxvii) at the end of the section, to read as follows:
(xxxvii) an Information and Communication Technologies Implementation Plan
demonstrating how a dedicated broadband fiber optic conduit can be
designed and implemented, as referred to in Section 7.12(b).
3) Revising Section 16.5B,"Required Studies for Site Plan Approval", in Chapter 16 —
Development Review, by removing the word "and" at the end of Subsection (xxv),
and the period at the end of Subsection (xxxvi), and replacing it with a semi -colon,
and adding the word "and", and by adding the following new Subsection (xxvii) at the
end of the section, to read as follows:
(xxvii) an Information and Communication Technologies Implementation Plan
demonstrating how a dedicated broadband fiber optic conduit can be
designed and implemented, as referred to in Section 7.12(b).
Implementation: The provisions set forth in the City of Pickering Official Plan,
as amended, regarding the implementation of the Plan shall
apply in regard to this Amendment.
Interpretation: The provisions set forth in the City of Pickering Official Plan
as amended, regarding the interpretation of the Plan shall
apply in regard to this Amendment.
Page 2 of 2