M E M O R A N D U M

To: Mayor Scarpitti and Members of Council

From: Jim Baird, Commissioner of Development Services
Valerie Shuttleworth, Director of Planning and Urban Design

Date: December 1, 2009

Subject: York Region Official Plan - Regional submission analysis and response to Markham comments

________________________________________________________________________

RECOMMENDATION:

1. That this memo entitled “York Region Official Plan - Regional submission analysis and response to Markham comments” dated, December 1, 2009, be received;

2. And that Council reaffirm its request of October 27, 2009 that the policies and mapping related to new communities and any urban expansion (including strategic employment lands as referenced on Figure 2) within the Town of Markham contained in the draft Regional Official Plan be deferred until the Town of Markham’s Growth Management Strategy is completed and endorsed by Town Council;

3. And that the Clerk advise the Region of York accordingly;

4. And that staff report back to Development Services Committee early in the new year, following a detailed review of the ROP, once adopted by Regional Council;

5. And that staff be authorized and directed to do all things necessary to give effect to this resolution.

BACKGROUND:
On June 17, 2009, the Region of York released a draft York Region Official Plan (ROP) for public review and comment. Through a workshop session on October 23, 2009, Staff and Council combined efforts to comment on the Region’s draft OP. The comments where generally intended to address the direction and clarity of the ROP.

The high level comments were outlined in a staff report dated October 13, 2009 in the broad theme areas of:

• Policies
• Study Requirements, Phasing Mechanisms, and Implementation
• Definitions and Mapping.

Detailed comments were included in an Appendix (chart). By resolution dated October 27, 2009, the package of comments was forwarded to Regional staff so they would be able to consider them during drafting of the final OP document.

DISCUSSION:

A revised draft ROP was released by the Region on November 27^th, 2009. Regional Staff have considered all comments received and have provided a detailed response to Markham’s comments (see attachment dated November 27, 2009). Town Staff are generally satisfied with the changes made to the draft ROP and the response by Regional staff. However, there are a few items that warrant further comment. This memorandum outlines these items and provides a general overview of the Regional Staff response to our submitted comments. Staff will complete a more detailed review of the ROP, once adopted by Regional Council, and report back early in the new year.

Policies

Environment

Regional staff agreed to make many changes requested under the theme of environment. Where changes weren’t made an explanation was given. Town staff is generally satisfied with the changes made and the explanations given. As requested by the Town, a Rouge Park policy has been added to the Region’s draft OP.

Growth Forecasts, Land Budget and Settlement Area Boundary

Markham requested “that the policies and mapping related to new communities and any urban expansion (including strategic employment lands) within the Town of Markham contained in the draft Regional Official Plan be deferred until the Town of Markham’s Growth Management Strategy is completed and endorsed by Town Council”. While, new urban boundaries have not been included in the revised draft ROP, the Future Settlement Area for the Town continues to be depicted with asterisks on Map 1. Regional staff indicate their intent is to take a report to Regional Council early in 2010, which will include recommendations on new urban boundaries in the Region, including Markham. Regional staff advise that specific identification of new urban boundaries will be brought forward in an Amendment to the adopted Regional Official Plan.

The approach proposed by the Region provides Markham Council with time to identify a proposed growth alternative including any revision to the Town’s current urban boundary as input to the proposed Amendment to the Regional Official Plan. Although the Region is not establishing a new urban boundary for Markham in ROP at this time, the asterisks (and corresponding policies) could still be viewed by Markham Council as premature. It is therefore recommended that Council reaffirm its October 27^th submission to the Region in this regard. The Mayor and Regional Councillors may also wish to address this matter when the Regional Official Plan comes before Regional Committee and Council.

Growth Management Alternatives Summary Sheets

Attached as Appendix ‘C’ is a brief statistical comparison of the draft Regional Official Plan to the growth alternatives under consideration by the Town.

The Summary Sheets (Appendix ‘C’) were provided by email to Members of Development Services Committee on November 27 2009, and are again attached here as background to today’s consideration on the draft Regional Official Plan.

Employment

Many of our suggestions with respect to Employment policies were accepted. Figure 2 (Strategic Employment Lands) was modified, but not as requested by the Town. Figure 2 was modified to consolidate the 2 circles in Northwest Markham into 1 large shape. The Town requested that the Region remove all circles within the Town of Markham and defer the Figure as it relates to the Town of Markham until the Region has the benefit of the views of the Town emerging from our Growth Management Strategy.

The Region’s response is that Figure 2 is an Appendix to the ROP and is not a statutory part of the Official Plan. Text changes now clarify that all lands designated for employment in local Official Plans are strategic (s.4.3.2) and vital to the Region’s economy. However, the text still refers to ‘strategic employment’ lands as being identified on Figure 2, including lands beyond the 2031 planning horizon.

Leaving Figure 2 as currently drafted may result in confusion as to what is ‘strategic’ employment land and may imply less importance for the existing employment lands within the settlement area boundary not shown on Figure 2, which in turn may expose these employment lands to risk of applications for conversion to other uses. The Town will have to address this in it’s Official Plan to ensure there is no confusion that all lands designated and required to meet employment projections are strategic.

Major Retail Uses

The Town’s main comment with Major Retail policies dealt with the lack of a definition of Major Retail. Regional Staff have included a definition: ‘Major retail includes retail big box stores, retail warehouses and shopping centres’. Local municipalities are still required to define major retail uses within the context of the local commercial hierarchy.

Sustainable Cities/Communities

Many revisions were included as a result of Town comments on these policies.

The Region acknowledges that the draft ROP will not in and of itself result in a zero carbon and zero waste communities, but that this is the ultimate goal and the Region is taking steps in that direction. Regional policies encourage the reduction of the urban heat island, including the provision of green roofs. Specificity in regard to green roof policies and policies for bird friendly development is seen by the Region as something which can be addressed in the local Official Plan. LEED policies within the Region OP have been revised. The addition of ‘LEED ND once approved in Canada’ was incorporated. The concept of ‘solar ready’ has also been included.

Agricultural and Rural Areas Policies

Many of the Town’s suggestions were incorporated. Regional staff have included the list of all farmers markets within Markham. The “Local Food” section has been changed to “Local Agriculture” to reflect the range of food sources and agricultural operations in a local context. The Region did not show the federal land holdings in Markham on a map as there is no textual reference to these lands in their OP document, and the Region believes that this would be better done in the local Official Plan.

Affordable Housing

The implementation of the affordable housing targets will be examined in detail through an update to the Region’s Housing Requirements Study and Housing Supply Strategy. The Region states that policies for the implementation of affordable housing targets are to be formulated on a local municipal basis and not on an application by application basis. Staff suggest that this approach will need to be revisited following the update of the Town’s Housing Requirements Study and Housing Supply Strategy, and ongoing studies at the Region.

The prohibition against reducing density in areas that have been approved for medium and high-density development, now includes the caveat “unless need is determined through a municipal comprehensive review”.

Secondary Suites

The Region’s policies no longer mandate ‘as-of-right’ secondary suites. The policy has been revised ‘to encourage’ local municipalities to permit secondary suites.

Cultural Heritage Conservation

Some of the Town’s suggested revisions to the policies within this section were accepted, while Regional staff felt others were more appropriately handled at the local Official Plan level.

Water, Wastewater, Transportation and Waste

Regional Staff clarified how their policies respond to Town comments and made some of the revisions requested.

With respect to the 4^th R (recovery), the Regional response is that Regional Council endorsed Recovery, including energy from waste as the 4^th R with knowledge regarding MOE’s differing position. Regional response to Town’s comments describes the wording in the draft ROP as a conscious decision to demonstrate York’s leadership in waste management in Ontario. The Zero Waste objective in the draft ROP was stated in common terms, which is consistent with the Region’s vision of zero waste.

Study Requirements, Phasing Mechanisms and Implementation

The consistent theme in Town comments related to requesting more specificity with regards to study requirements, phasing mechanisms and implementation. The Region has provided some additional specificity in some circumstances, but by in large feels that the level of detail we want is best suited to the local Official Plan level.

Definitions and Mapping

Some definitions were changed or added while others were not. Similarly some of the recommended mapping changes were made and others were not. It should be noted that upon review of the new Map 1, the Parkway Belt West Plan Area has been added. The Area is included in the current Regional Plan. The boundaries of the Parkway Belt West Plan Area appear to be outdated relative to Plan amendments affecting lands in Markham in the mid 1990s. Town staff will be discussing with the Ministry of Municipal Affairs and Housing further refinements to Parkway Belt West Plan boundaries. Map 1 should be reviewed and revised to illustrate the correct Parkway Belt West Plan Area boundaries within the Town of Markham.

Further discussion on the Growth Management Strategy implications of Map 1 and Figure 2 are addressed above.

CONCLUSION:

While staff continue to support the draft Regional Official Plan and are generally pleased with the response to our submissions, one major item of note remains, and is addressed in the recommendation on page 1 of this memorandum:

Although the Region is not establishing a new urban boundary for Markham in Regional Official Plan at this time, the asterisks (and corresponding policies) could be still be viewed by Council as premature.

ATTACHMENTS:

Appendix ‘A’ – Council Resolution dated October 27, 2009

Appendix ‘B’ – Regional Staff Response to Markham Comments.

Appendix ‘C’ – Growth Management Alternatives Summary Sheets

Q:\Development\Planning\MISC\MI 528 Regional Official Plan\Memo re Regional Staff response November 30.doc

APPENDIX ‘A’

RESOLUTION OF COUNCIL MEETING NO. 15 DATED OCTOBER 27, 2009

REPORT NO. 63 – DEVELOPMENT SERVICES COMMITTEE

(1) DRAFT REGIONAL OFFICIAL PLAN (10.17)

1) That the presentation by Mr. Jim Robb, Friends of the Rouge Watershed, at the Development Services Committee on October 13, 2009, be received; and,

2) That the presentation provided by Ms. Valerie Shuttleworth, Director of Planning and Urban Design regarding the Comments of the Draft Regional Official Plan, at the Development Services Committee on October 13, 2009, be received; and,

3) That the memorandum dated October 27, 2009 from the Commissioner of Development Services providing information regarding the October 23, 2009 Development Services Committee Workshop be received; and,

4) That the report dated October 13, 2009 to Development Services Committee entitled “Draft York Region Official Plan”, and Appendix ‘A’, as modified through the Development Services Committee Workshop held October 23, 2009, be received and forwarded to the Region as Markham’s response to the Region’s request for input on the draft Regional Official Plan; and,

5) That the policies and mapping related to new communities and any urban expansion (including strategic employment lands) within the Town of Markham contained in the draft Regional Official Plan be deferred until the Town of Markham’s Growth Management Strategy is completed and endorsed by Town Council; and further,

6) That Staff be authorized and directed to do all things to give effect to this resolution.

Kimberley Kitteringham

Town Clerk

Copy to: Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

Elisabeth Silva Stewart, Planner

Region of York

Mr. Jim Robb, Rouge Watershed