Report to: Development Services Committee Date Report Authored: June 15, 2010
SUBJECT: Recommended
Modifications to the Region of York Official Plan
PREPARED BY: Elisabeth
Silva Stewart, Senior Planner, ext.3115
RECOMMENDATION:
1)
That the report dated June 15, 2010, entitled
“Recommended Modifications to the Region of York Official Plan” be received;
2)
And that the Chief Administrative Officer and Commissioner
of Development Services be authorized to negotiate or appeal the approval of
the Region of York Official Plan on behalf of the Town, in regard to any
further modifications included in the decision to be issued by the Minister of
Municipal Affairs and Housing;
3)
And that Staff be authorized and directed to do all
things necessary to give effect to this resolution.
The purpose
of this report is to update Development Services Committee on the status of the
new Region of York Official Plan, and to ensure that the Town is in a position
to act should it be necessary when the Official Plan is approved by the Minister
of Municipal Affairs and Housing.
On December 16, 2009, Regional
Council adopted the new York Region Official Plan and
submitted it to the Minister of Municipal Affairs and Housing for approval. Town Staff reviewed the adopted new Official
Plan, and identified matters of interest to the Town in the February 2, 2010
report to DSC. In that report, Staff
recommended that the Town seek modifications to several provisions of the
ROP. At the February 2, 2010 Development
Services Committee meeting, the Committee suggested further modifications which
were considered by Staff in a report dated February 16, 2010 and endorsed by the
DSC. The modification requests as revised
by Development Services Committee were endorsed by Council on March 1, 2010,
and were submitted to the Region and the Ministry of Municipal Affairs and
Housing.
On May 5th, Region of York
staff reported back to the Region’s Planning and Economic Development Committee
on the submissions received with a recommended list of modifications to the
ROP.
The May 5th, 2010 report to
the Region’s Planning and Economic Development
Committee outlines submissions received regarding the Regional Official Plan,
and responds to them.
Submissions, Responses and proposed
Modifications
The Region addressed some 60
submissions in its May 5th report. The end result is a final list
of Regionally recommended modifications relating to
policy wording and mapping to the Minister of Municipal Affairs and Housing.
Nature of modifications to ROP
The majority of modifications made to
the ROP are minor in nature. The Region characterized the modifications
into 4 groupings: policy modifications, minor
wording and syntax modifications, and mapping modifications. The modifications respond to
submissions as well as rectify typographical errors or omissions.
In terms of policy modifications, the key modifications identified by the
Region in the May 5th report are the deletion of policy 4.3.8
(conversion of employment uses in Regional Centres and Corridors),
clarification of policy 4.3.12 (ancillary employment uses) and 8.4.4 (Oak
Ridges Moraine).
Region’s Response to Town’s Requested Modifications
Town Staff has summarized the Region’s response to the
Town’s modification requests in the attached chart (see Appendix A).
Town Staff is satisfied with the Region’s response to the modification
requests.
In addition, there is also a recommended modification
resulting from a request on behalf of the owners of the Toronto Buttonville Municipal Airport which introduced a new policy
relating to the Buttonville Airport. This new policy reads as follows:
The Toronto Buttonville Municipal Airport lands are designated for
business park use in the Town of Markham Official Plan, including permission to
operate an airport. When airport
operations at the Buttonville Airport cease, the
significant majority of the subject lands shall be retained for business park
use, as contemplated in the Town of Markham Official Plan. The Town of Markham will determine the
details of the future use of these lands through an implementing secondary plan
process.
Town Staff was consulted regarding the wording of this policy.
Town Staff has reviewed the remainder of the recommended
modifications, and has determined that no further action is warranted at this
time. Staff will continue to monitor the
progress of the approval of the ROP.
Anticipated Timing of ROP Approval
The Minister of Municipal Affairs has indicated to the
Region that a draft approval will likely be ready in May. The May 5th
ROY report also indicates that the Regional Staff will report back to Regional
Council in June regarding the Minister’s draft decision including the
Minister’s modifications. The Minister may issue a Decision on the ROP in
early to mid-July with the 20 day appeal period taking place during the summer
recess of Regional Council. Based on this potentiality, Regional staff has
recommended authorization for the Commissioner of Planning and Economic
Development to appeal the Minister’s approval, should that be required as the result
of a modification the Region does not concur with.
Authorization to Appeal the ROP if necessary
A similar authorization to negotiate on behalf of the Town, and to appeal the approval of the ROP should also be approved
for the Town’s Chief Administrative Officer or Commissioner of Development
Services, given the expected timing of the approval of Region’s Official Plan
during the summer recess session of Markham’s DSC. Should there be a modification approved by
the Minister of Municipal Affairs and Housing that is of concern to the Town,
the Town will need to act within the appeal period of 20 days. Given that the DSC does not have any meetings
scheduled in the months of July or August, Markham’s Chief Administrative
Officer or Commissioner should be authorized to act on the Town’s behalf to negotiate
or appeal the ROP should that be necessary.
Any actions by the Chief Administrative Officer or Commissioner would be
subsequently reported on to the DSC.
Not
applicable.
Not
applicable.
The new ROP
aligns with Growth Management,
Transportation and Environment components of the Town’s Building Markham’s
Future Together process.
Not
applicable.
RECOMMENDED BY: ________________________ ________________________
T.J. Lambe Jim
Baird
Manager,
Policy and Commissioner
of
Research
Division Development
Services
Appendix A –
Region’s Response to Town modifications requests
Q:\Development\Planning\MISC\MI
528 Regional Official Plan\Region response to modification request\dsc june
15 2010 rop update.doc