DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of  Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

 

 

 

 

PREPARED BY:

Lilli Duoba, Senior Project Co-ordinator, Environmental Planning & Rouge Park

 

 

 

 

DATE OF MEETING:

2004-Jun-15

 

 

 

 

SUBJECT:

Special Policy Areas - Updated Mapping from TRCA

 

 

 


 

RECOMMENDATION:

THAT the staff report entitled “Special Policy Areas - Updated Mapping from TRCA”, dated June 15, 2004, be received.

AND THAT Council direct staff to prepare Official Plan and Zoning By-law Amendments to incorporate the revisions to the Special Policy Areas boundaries identified by the TRCA into the Town’s Official Plan, Secondary Plans and Zoning By-laws. 

 

AND THAT staff be authorized to schedule a public information meeting with the Toronto Region Conservation Authority and Ministry of Natural Resources staff with notification provided by direct mail to all affected property owners.   

 

AND THAT following the public information meeting, staff be authorized to schedule a statutory public meeting with notification provided in the Economist and Sun newspaper and direct mail to affected and abutting property owners in accordance with The Planning Act requirements.   

 

PURPOSE
The purpose of this report is advise Development Services Committee of the updated Special Policy Area mapping prepared by the Toronto Region Conservation Authority (TRCA) and to initiate a technical amendment process to amend the Town’s Official Plan, applicable Secondary Plans and Zoning By-laws to reflect the revisions to the Special Policy Area boundary.  The TRCA request is identified as Appendix ‘A’.


 

EXECUTIVE SUMMARY

Under authority granted by the Province, through the Conservation Authorities Act, the Toronto Region Conservation Authority develops and implements watershed strategies and plans, policies, programs, regulations and projects to address the natural hazards associated with flooding, erosion and slope stability, as well as green space protection and enhancement.  The TRCA is also responsible for providing flood plain mapping and updating flood plain mapping as new information and modelling becomes available.  In 2003, the TRCA undertook a flood plain mapping update for the Rouge River watershed.  As a result of this project, updated Special Policy Area boundaries have been established.  The TRCA has requested that the Town revise our planning documents to reflect the updated Special Policy Area boundary.

 

BACKGROUND
The Town approved Special Policy Area program in 1990

In 1990, the Town of Markham adopted Official Plan Amendment No. 100 (Special Policy Areas) and passed an implementing zoning by-law to reflect the special policy area as determined by the TRCA.   At that time a partial deferral was incorporated into the Amendment to permit an update to flood plain mapping in the Fonthill area.  The deferral was subsequently approved in 1993.  The Town has incorporated subsequent revisions into the Official Plan and zoning by-laws to reflect updates in flood plain mapping approved by the TRCA through specific development approvals under The Planning Act.  Previous amendments to the Special Policy Area boundary were addressed on a site by site basis.  The amendments to the Special Policy Area boundary currently proposed will be the first comprehensive update to the flood lines in 14 years.  Figures 1 and 2 identify the lands currently subject to the Special Policy Area provisions of OPA No. 100. 

 

What are Special Policy Area policies?

An SPA is an area of land located within a floodplain, on which there is existing development, that forms an integral part of the existing flood prone community.  The continued viability of these areas depends on a reasoned application of Provincial standards for flood management. 

 

Special Policy Area status is recognized as a policy option for flood prone areas where an existing community is granted rights to development on flood plain lands within a defined and regulated flood area and may include redevelopment or development on lands previously not developed.  The authority for the Special Policy Area is provided within the Provincial Policy Statement.  The delineation of the Special Policy Area is undertaken by the Toronto and Region Conservation Authority.  The approval of the Special Policy Area boundaries is undertaken in consultation with the Ministry of Natural Resources and the Town. 

 

Special policy area policies provide that some new development, redevelopment or extensions to and rehabilitation of buildings and structures may be permitted on the condition that the proposed development is flood protected to the level of the Regulatory flood, to the satisfaction of the Town and TRCA.  The Special Policy Area policies also prohibit development where flood risk would create an unacceptable hazard to life, result in major structural damage or flood proofing would have a negative impact on adjoining properties.  The policies also prohibit certain uses including daycare centres, senior citizen housing, elementary schools, other child care or homes for the mentally or physically handicapped, emergency services such as fire and police and automobile service centres.

 

DISCUSSION
Special Policy Area policies to be reviewed in the context of the Environmental Policy Review and Consolidation

In February 2004, Council approved the Terms of Reference for the Environmental Policy Review and Consolidation.  The Terms of Reference for the study include as part of the work program, review of the Special Policy Area policies as they pertain to emerging Provincial priorities including review of the Provincial Policy Statement which currently provides the authority to undertake special policy area planning programs.  In a report to Committee dated, January 26, 2004, staff identified a process to address the Special Policy Area boundary revisions as a separate technical amendment and deal with any larger policy issues in the context of the environmental policy review.

 

The Province of Ontario is currently undertaking a review of the Provincial Policy Statement, which contains the provisions to establish and manage Special Policy Areas.  The consultants for the Town’s Environmental Policy Review and Consolidation Study will review the Town’s Special Policy Area policies, which currently form Section 3.10.2 of the Official Plan.  Should the Province release the new Provincial Policy Statement during the course of the study, recommendations will be brought forward to address any potential policy changes to the Town’s Official Plan.

 

TRCA mapping update has refined the SPA boundaries and flood plain in Markham

The TRCA is near completion of the updated hydrologic and hydraulic modelling for the Rouge River watershed.   This project is intended to update the existing flood plain mapping for the entire watershed to address current land uses, existing road crossings, establish storm water management requirements and incorporate new modelling software to manage the watershed.  The Town has now received the updated floodplain lines for the Special Policy Areas and portions of Markham Centre.  Once the remainder of the flood plain mapping is provided to the Town, a review of the potential reduction or addition to flood plain lands will be undertaken and recommendations will be brought forward to Council to address any further modifications to the HAZARD LANDS designation in the Official Plan.

 

Overall, the new Special Policy Area boundaries are minor adjustments to the previous boundaries (see Figure 3).  In the Unionville Core area, the Special Policy Area boundary is slightly larger taking in new properties not previously subject to the Special Policy Area overlay.  In the Sciberras Road area, Highway 7 and Kennedy Road area and South Unionville community, the Special Policy Area is generally reduced in size and portions of the Special Policy Area overlay will be removed.

 

Official Plan, Secondary Plan and Zoning By-law Amendments are required to implement the SPA boundary

The TRCA has requested that the Town incorporate the new Special Policy Area boundaries into our planning documents to ensure consistency in interpretation between the TRCA, who have authority over the valleylands, and the Town.   The boundary changes are required to ensure consistency with the TRCA mapping and regulations and will apply regardless of how SPA policies may change in the future.  The Special Policy Area boundaries are identified in the Town’s Official Plan on both Schedule ‘A’ – LAND USE and Schedule ‘F’ – SPECIAL POLICY AREA, OPA No. 21 (Markham Centre Secondary Plan), OPA No. 22 (South Unionville Secondary Plan) and OPA No. 99  (Unionville Core Area) and applicable zoning by-laws (1229, 11-72, 122-72, 134-79, 304-87 and 177-96).  

 

Public information meeting recommended

The new flood plain lines provided by the TRCA indicate that the Special Policy Area will be extended to lands previously not forming part of the Special Policy Area.  As such, staff recommend that an informal public information meeting be held first, with all affected property owners and including staff from the Ministry of Natural Resources and/or Ministry of Municipal Affairs and Housing and Toronto and Region Conservation Authority staff, to provide the opportunity to explain the background of the Special Policy Area program, answer specific questions and seek input in a less formal setting.  This meeting would be followed by a statutory public meeting in the Fall of 2004.  Staff from the TRCA and Ministry of Natural Resources will also be invited to participate in the statutory public meeting.

 

Region of York approval required
Modifications to the Special Policy Area boundary is a technical exercise generated as a result of new modelling undertaken by the TRCA in the Rouge watershed.  Notwithstanding the local nature of this amendment, the Region has advised that given its location within the greenlands system, delegation of approval would not be provided for this Official Plan amendment.  

 

FINANCIAL CONSIDERATIONS

There are no direct financial implications to Markham.  The recommended amendments will be prepared by Town staff.

ENVIRONMENTAL CONSIDERATIONS

The request by TRCA for amendments to the Town’s planning documents to reflect the updated flood lines for the Rouge Watershed is the first comprehensive review of the Special Policy Area boundary since enactment 14 years ago.  The proposed amendments will bring the Town’s flood plain mapping for the Special Policy Area up to date. 

 

ENGAGE 21ST CONSIDERATIONS

The proposed amendments to the Official Plan and Zoning By-law to reflect up to date flood plain mapping for the Town’s Special Policy Area is aligned with the Environmental Focus goal of the Town’s Engage 21st Markham Strategic Plan. 

 

BUSINESS UNITS CONSULTED AND AFFECTED

This report has been reviewed by the Development Services Commission.

ATTACHMENTS

Figure 1:                       Official Plan Schedule ‘F’ – Special Policy Areas  

Figure 2:                       Zoning By-laws – Special Policy Areas

Figure 3:                       Existing and Proposed Special Policy Area boundaries

Appendix ‘A’:              TRCA Letter

File Path:                      Q:\Development\Planning\MISC\MI142 SPA\Reports\report to DSC June 1, 2004.doc

               

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services