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TO: |
Mayor and Members of Council |
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FROM: |
Jim Baird, Commissioner of Development Services Valerie Shuttleworth, Director of
Planning and Urban Design |
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PREPARED BY: |
Lilli
Duoba, Senior Project Co-ordinator, Environmental Planning & Rouge Park |
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DATE OF MEETING: |
2004-Jun-15 |
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SUBJECT: |
Special
Policy Areas - Updated Mapping from TRCA |
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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
BACKGROUND
The Town approved Special Policy Area program in 1990
In 1990, the Town of
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
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,
The
TRCA mapping update has refined the SPA boundaries and
flood plain in
The TRCA is
near completion of the updated hydrologic and hydraulic modelling for the
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
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
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
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
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Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design |
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Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services |