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HomeMy WebLinkAboutPD 29-03 REPORT TO COMMITTEE OF THE WHOLE Report Number: PD 29-03 Date: July 4, 2003 From: Neil Carroll Director, Planning & Development Subject: Durham Regional Official Plan Review Recommendations: 1. That Report Number PD 29-03 concerning Phase 2 - Consultation Process of the Durham Regional Official Plan Review be RECEIVED for information; and 2. That a copy of Report Number PD 29-03 be FORWARDED to the Region of Durham. Executive Summary: Regional Council has endorsed a two-phased approach to reviewing the Durham Regional Official Plan. The first phase, which was completed in 2001, identified the following policy areas of the Regional Official Plan as requiring review: environment/open space; commercial structure; population and employment growth; urban land requirements; rural/agriculture; and transportation. The second phase is focused on the analysis of these policy areas through Discussion Papers. The issues related to transportation are being dealt with through the Region's Transportation Master Plan. Proposed policy directions are provided in the Discussion Papers with the objective of refining and enhancing these policy areas. Staff will be reviewing the proposed directions and consulting with Regional and other public agency representatives on specific matters over the summer. A report will be prepared for Council's endorsement as the City's comments on the Discussion Papers early in the New Year. Financial Implications: Not Applicable. Background: 1.0 Durham ReQional Official Plan Review: 1.1 Regional Council initiated a two-phased approach to reviewing its Official Plan with the first phase completed in 2001. Report PO 29-03 Date: July 4, 2003 Durham Regional Official Plan Review Page 2 On April 5, 2000, Regional Council endorsed a two-phased approach to reviewing the Durham Regional Official Plan (ROP). Part of the first phase involved releasing a background report, which included a summary and status of the ROP changes that have occurred in the Region since 1991, and an outline of five policy areas suggested for review in the ROP. The background report was circulated to local municipal and other interested stakeholders for review and comment. A series of public open houses were held in each of the local municipalities and a statutory public meeting was held to hear comments on the need to review the ROP. On December 18, 2000, City Council endorsed Report Number PD46-00 (Revised) and requested that the Region of Durham address the issues raised in the City's Report in its review of the ROP. The City supported the review of the policies suggested by the Region and identified other issues for review including: . the review and update of housing policies to reflect changes to Provincial legislation and programs; . consideration of removing urban separation designations from the major open space system; . specific designations for a future extension of Clements Road in Ajax, Finch Avenue west of Altona Road and Townline Road north of Finch, Dixie Road, and the freeway to freeway connector between Highways 401 and 407; . and a number of technical issues. Subsequently, Regional Council considered the results of the consultation process undertaken for Phase 1 of the Official Plan review and endorsed the following policy areas in the ROP for review: . environment/open space policy . commercial structure; . population and employment growth; . urban land requirements; . rural/agriculture policy; and . transportation system 1.2 Regional Planning Committee authorized Regional staff to initiate the consultation process for Phase 2 of the Official Plan based on the Directions proposed in the Discussion Papers. On June 3, 2003, Commissioner's Report No. 2003-P-67 pertaining to Phase 2 of the Durham Region Official Plan Review was tabled by Planning Committee in order to allow Planning Committee and Council the opportunity to review the papers and to consider an appropriate consultation process. Report PO 29-03 Date: July 4, 2003 Durham Regional Official Plan Review Page 3 On June 24, 2003, Regional Planning Committee authorized staff to initiate the consultation process for Phase 2 of the Official Plan Review. The second phase begins with the release of four Discussion Papers, which are focused on the analysis of the policy areas identified in Phase 1, for public and agency consideration. With the exception of the Transportation System review, which is pending completion of the Region's Transportation Master Plan, the five policy areas are reviewed in the following Discussion Papers: . Towards a Sustainable and Healthy Environment; . Population, Employment and Urban Land; . Commercial Policy Review; and . Protecting our Rural Resources. As well, as part of the Discussion Papers, directions are proposed to refine ROP policy for consideration. The proposed directions represent Regional staff positions and are not Reqional Council's position on changes to the Regional Official Plan. To assist in the Review, the Durham Environmental Advisory Committee held a workshop in March of 2002 to advance the discussion of environmental issues. As well, the consulting firm of Malone Given Parsons Ltd. was retained to prepare the commercial component in consultation with local staffs. Representatives of the consulting firm met with City staff to discuss the commercial structure policies in the Regional Official Plan. Also, amendments to the Regional Official Plan pertaining to the Oak Ridges Moraine have been adopted by Regional Council, as required by the Oak Ridges Moraine Conservation Act, and are awaiting Provincial approval. A copy of all proposed directions, as set out in the Issues and Directions Report, is provided for Council's information (see Attachment #1). Copies of the Discussion Papers are available from the Regional Planning Department or may be viewed on the Region's website. 2.0 2.1 Discussion: A Public information Session in Pickering to solicit public input on the proposed directions in the ROP Review Discussion Papers is supported. A series of Public Information Sessions is planned for the fall of 2003 (one for each of the local municipalities). The Sessions will be used to solicit public input on the proposed directions in the Discussion Papers. The proposal to hold one of the Public Information Sessions in Pickering is supported. Report PO 29-03 Date: July 4, 2003 Durham Regional Official Plan Review Page 4 Staff will notify Council of the timing and location of Pickering's Public Information Session. Notice of the Session will also be placed on the City's website. 2.2 The deadline for municipal comments on the proposed directions in the Discussion Papers has been extended to early 2004. Both the Commissioner's Report No. 2003-P-67 and the Issues and Directions Report indicated a deadline of November 28, 2003, for submitting comments to the Region on the proposed directions. City staff advised the Region that the deadline was problematic as municipal elections are being held in November and that a more practical and realistic deadline for municipal comments should be early 2004. As a result, the Region has extended the deadline for municipal comments to February 28, 2004. Afterwards, Regional staff will present the results of the Phase 2 consultation process to Regional Planning Committee and seek authorization to initiate a series of amendments addressing the recommended refinements to the ROP. 2.3 On-going consultation with the Region and other public agencies should assist in the review of the proposed directions in the Discussion Papers. The Region has committed, as part of the Region's consultation process, to meet with local staffs and Councils where requested on the proposed directions highlighted in the Discussion Papers. For the most part, the proposed directions address the issues previously raised by the City in its report on Phase 1 of the Official Plan Review. However, Regional staff is proposing major enhancements to the environmental policies in the ROP. The rationale in support of these directions requires further clarification and discussion with Regional staff and other public agencies. In addition, the implications of the proposed directions to the Pickering Official Plan and to the Growth Management Study are being reviewed. Staff will be providing comments on the proposed directions in the ROP Discussion Papers for Council's consideration early in the New Year. Attachments: 1. ROP Review Discussion Papers' Proposed Directions Table Report PD 29-03 Date: July 4,2003 108 Durham Regional Official Plan Review Page 5 Prepared By: Approved I Endorsed By: I RPP ning & Development Grant McGregor, MCI I RPP Principal Planner - Po icy Catherine Rose Manager, Policy GM:ld Attachment Copy: Chief Administrative Officer ¡P' Discussion Papers Towards a Sustainable and Healthy Environment ATTACHMENT' / TO REPORT I PO z.q -03 Region of Durham Official Plan Review Phase 2 Areas of Analysis Protecting Water Resources Proposed Directions It is proposed that policies in the ROP be enhanced by identifying the minimum components of a watershed plan, and requiring the preparation of watershed plans as a pre-requisite to development. It is proposed that ROP policies be enhanced to protect surface and groundwater quantity by: . requiring an amendment to the ROP for any application made under the Planning Act that proposes to remove more than 50,000 LId groundwater or surface water, and/or is deemed to have potential negative impacts on water quantity; and . ensuring that aquifer recharge areas and infiltration rates are protected in the consideration of development applications. Policies to minimize the establishment of impervious surfaces through the development process should be considered. It is proposed that Rap policies ensure the protection of groundwater quality by: . including a constraints map identifying aquifer vulnerability areas and policies that restrict the types of uses that are permitted, to only those which do not pose a risk to groundwater. Proposed development within or adjacent to these areas would be subject to an environmental impact study which verifies that there will be no impact; . including a constraints map identifying significant groundwater discharge areas and policies to ensure that these areas are protected through the development approval processes; . protecting capture zones for municipal wells from uses that have the potential to contaminate or unnecessarily deplete the water resource. This will implement the findings of the Regional Wellhead Protection Program; and . specifically requiring any land use proposal having the potential to impact water quality or quantity to submit a hvdroqeoloqical studv at the time of application. I Zq-o~ Region of Durham Official Plan Review Page 2 Discussion Papers Areas of Analysis Proposed Directions It is proposed that the ROP policies be enhanced to protect the natural heritage features in the Region by: . recognizing, in the place of environmentally sensitive areas, a Natural Heritage System for all areas of the Region, that aligns with the system already in place for the Oak Ridges Moraine. To accomplish this, it is proposed that Natural Heritage System mapping and policies be incorporated into the Plan; . including vegetative setbacks from Natural Heritage Features in rural areas, based on standards established for the Oak Ridges Moraine. Setbacks for Natural Heritage Features in Urban Areas and Hamlets will be determined through the preparation of an Environmental Impact Study; . encouraging the protection of linkages and corridors in the consideration of development applications, and the formulation of more detailed policies in the area municipal official plans; . establishing a target for woodland coverage of 30% of the Region's land area; and . encoL!raging the preparation of area municipal tree strategies that will advance the implementation of the woodlands coveraQe tarQet. It is proposed that the Region, in consultation with area municipalities, stakeholders, and other agencies involved in land securement, develop a land securement strategy to protect key natural resources within the Region. It is also proposed that the ROP be amended to allow the consideration of a severance that facilitates the conveyance of a natural heritage feature to a public body or non-profit entity for conservation purposes, provided that no more than one lot is retained by the oriQinal owner. It is proposed that appropriate amendments to the ROP addressing air quality be considered as a result of initiatives, such as the Regional Air Quality Working Group and Transportation Master Plan currently underway. Towards a Enhancing Sustainable and Natural Heritage Healthy Environment Features (continued) Improving the Region's Air Quality ATTACHMENT' , TO REPORT I PO Zq -03 Region of Durham Official Plan Review Page 3 Towards a Improving the Sustainable and Region's Air Healthy Environment Quality (continued) (Continued) Measuring the Health and Sustainabilityof the Region's Communities It is also proposed that the Rap be amended to acknowledge the potential implications of climate change, and indicate an intent to respond as knowledge and understanding of what can be done from a planning ers ective, to miti ate im acts emer es. It is proposed that the Region consider initiating a program to monitor key indicators of the Region's environmental, social and economic health as part of the Community Strategic Planning Process. It is proposed that the Rap be amended to include a provision outlining the process that must be satisfied prior to development proceeding in areas where soil contamination is known or sus ected. It is proposed that the Rap be amended to encourage local municipalities to incorporate policies in their official lans and/or ass b -laws to minimize Ii ht ollution ATTACHMENT I I TO REPORT # PO Z q. D3 Region of Durham Official Plan Review Page 4 Discussion Papers Population, Employment and Urban Land Areas of Analysis Population and Employment Forecasts Urban land Requirements Proposed Directions It is proposed that the ROP policies be amended to incorporate and/or address the results of the population and employment growth forecasts as follows: . by changing the planning horizon year in the ROP from 2021 to 2031; . by replacing the population targets in the ROP with the recommended population forecasts contained in Table 1 ; . by presenting the population forecasts in five-year increments to the year 2031 reflecting growth expectations based on the best information currently available; . by replacing the employment targets by category in the ROP with an overall jobs to population ratio target based on the employment forecasts; . by continuing to place strong emphasis on more effective means of achieving the jobs to population target ratio; and . by regularly monitoring population forecasts and recognizing that they are subject to change within the planninÇ] horizon, particularly in the 10nÇ]er term. It is proposed that the ROP policies be amended to incorporate and/or address the results of the urban land needs analysis as follows: . by maintaining the current Urban boundaries to provide the opportunity for a number of ongoing initiatives, including Highway 407, Seaton, Pickering Airport and Smart Growth, that will have a significant impact on Regional growth, to evolve. . by recognizing that adjustments to the urban area boundaries may be considered as part of the next comprehensive 5-year review; and . by proposing no expansions to designated Employment Areas. ATTACHMENT I , TO REPORT # PO Zq '03 Region of Durham Official Plan Review Page 5 It is proposed that the Rap policies be amended to: . provide a more general framework that sets out procedural requirements, goals and objectives for area municipalities to plan commercial areas; and . establish criteria which defines Regional interest as a commercial proposal of 600,000 sq. ft. or larger, on an individual or cumulative basis. Requirements for It is proposed that the Rap policies be amended to: Market Studies. remove the requirements for a retail impact study for commercial proposal over 2,500 sq. m. (26,910 sq. ft.); and . require a retail impact study for applications which would result in the creation of a new regional 'centre', or the expansion of an existing regional 'centre', and which meet the established criteria for Regional involvement (600,000 sq. ft. or larger). It is proposed that the Rap be amended to establish the intended role, scale and form of Central Areas. The policies should establish principles to guide local municipalities in preparing secondary plans or approving development proposals in these areas. It is proposed that the policies which establish floor space allocations in Central Areas as a method of directing commercial growth within the Region, be modified to describe the Central Areas in terms of their relative scale. It is proposed that the Rap policies be amended to incorporate a more flexible approach to the use of arterial roads for commercial purposes, within a concept of nodes and corridors that would establish main arterials, such as Highway 2, Taunton Road and certain north-south roads such as Simcoe and Brock Street, as corridors for commercial use. It is also proposed that the policies be strengthened to promote higher density, mixed uses along arterial roads, and that more flexibility be provided for commercial uses to locate at the periphery of designated Employment Areas. It is proposed that the Region establish design criteria for Regional arterial roads. Magnitude of It is proposed that the Rap policies be amended to Retail Growth establish criteria to guide future site designations for commercial centres (Central Areas). Discussion Papers Areas of Analysis Commercial Policy Review The Region's Interest in Planning for Future Commercial Development Commercial Hierarchy and Central Area Definitions Floor Space Allocations for Central Areas Nodes and Corridors Urban Form Proposed Directions ATTACHMENT # I TO REPORT # PO 2'1 -03 Region of Durham Official Plan Review Page 6 Areas of Discussion Papers Analysis Proposed Directions Protecting Our Rural Consent It is proposed that the policy, which provides for the Rural Resources Policies consideration of the severance of a surplus dwelling from a nonabutting farm by amendment, be deleted. It is proposed that the policy that perm its the consideration of one farm retirement lot from the total farm holding be deleted. It is proposed that the Rap be amended to enhance the criteria related to the consideration of farm-related industrial uses to ensure that severances for these uses do not create non-viable agricultural parcels. It is also proposed that the Rap be amended to indicate that further detail on the types of uses that may be considered, and the criteria, may be provided in area municipal official plans. It is proposed that the Rap be amended to permit "stand alone" farm-related commercial uses in a manner similar to farm-related industrial uses It is proposed that the Rap be enhanced to clarify the intent and nature of accessory farm uses, addressing such matters as scale and number, and potential impacts on surrounding uses. It is also proposed that the area municipalities be encouraged to include detailed policies in their official plans to address this issue. Rural Settlement It is proposed that the Region work with the area Policies municipalities to develop detailed guidelines for the preparation of settlement capacity studies. It is also proposed that the Hamlet policies be clarified to more closely reflect the form, type and limited scale of development planned for Hamlets. It is proposed that the policies that provide for the consideration of new Country Residential Subdivisions be deleted. It is proposed that the Rap be amended to remove policies that permit the identification of new clusters. Policies to permit lot creation within existing clusters should be retained. It is proposed that the Rap policy which permits rural residential infilling within concentrations of 4 hectare (10 acre) lots be deleted. ATTACHMENT' \ TO REPORTIPD ZQ-O3 Region of Durham Official Plan Review Page 7 Discussion Papers Protecting Our Rural Resources (continued) Areas of Analysis Rural Settlement Policies (continued) Rural Non.farm Use Policies Proposed Directions It is proposed that the Rap be amended to permit limited new Rural Employment Areas in the Townships of Brock, Uxbridge and Scugog, subject to the preparation of a comprehensive industrial study for the municipality. To provide guidance, the Rap should also be amended to add specific study requirements that must be followed to establish the need and location of new Rural Employment Areas. To address these issues, it is proposed that the Rap be amended to: . prohibit golf courses in Agricultural Areas; . specifically require the submission of a Hydrogeological Study that assesses the impacts on water quality and quantity; . require the submission of a Best Management Practices report that addresses design, construction and operational considerations, including traffic; . require area municipal official plans to limit the scale of clubhouses and other associated uses in rural areas to ensure such uses will be secondary to the primary use of the golf course; . require all proposed new golf courses and golf course expansions in the Region be considered by amendment to the Rap; . require the submission of technical studies in support of golf course proposals in conjunction with the Rap amendment application; and . require a program to monitor before, during and after construction conditions to ensure environmental and other technical standards are met. It is proposed that the policies, as they pertain to designating Regional Nodes in urban areas, be removed; and further, that no new Regional Nodes be considered in the rural area. The grandfathering of existing rural Nodes should be considered. It is proposed that the Rap policies be updated and/or enhanced: . to reflect new (current) geological, socio-cultural and environmental constraint information and license status of aggregate resource extraction areas (Map 'A', Map 'C' and Schedule 4); . to require an assessment of operational aspects of pits and quarries, such as exhaust emissions and lighting impacts, and that the Plan require that mitigation measures be provided for all potential impacts of the operation, at the time aggregate related amendment applications are being considered; ATTACHMENT I I TO REPORT II PO 2<1 - D3 Region of Durham Official Plan Review Page 8 Discussion Papers Areas of Analysis Protecting Our Rural Rural Non-farm Resources Use Policies (continued) (continued) Agricultural Designations Proposed Directions . to require that rehabilitation be undertaken in a timely manner, and that the site be restored to its pre- excavation landform. Also, policy should be added to require that rehabilitation sites be restored to either the same soil capability as pre-excavation, or to a vegetative state usinq native species; . to clarify the requirement for development of an overall rehabilitation program to ensure that: rehabilitation plans are submitted in conjunction with ROP amendment applications; rehabilitation plans be reviewed in conjunction with the submitted EIS in accordance with policy 2.3.17 of the Rap; and, that such rehabilitation plans be considered in conjunction with adjacent and/or groups of operations in an area; and . to specify that Site Plans and technical reports, as required by the Provincial Standards established under the Aggregate Resources Act and Regulations, should be submitted, where appropriate, to address the requirements of the ROP. It is proposed that the ROP be amended to reflect that peat extraction activities are to be regulated through the new Municipal Act. It is proposed that the ROP be amended by deleting the policy that permits the consideration of gas stations and/or gas bars in the Agricultural Area and Major Open Space System. It is proposed that the ROP policy which permits cultural facilities, health facilities and community facilities in the rural area be deleted. It is proposed that the ROP should be revised to prohibit the establishment of cemeteries in prime agricultural areas. It is proposed that the ROP be amended to distinguish between recreational uses which are compatible with the character of the open space lands in the urban and rural areas. It is proposed that the ROP's two Agricultural Area designations be merged into one land use designation for the purpose of aqriculture and farm-related land uses.