Report
to: Development Services Committee Report Date: February 22, 2011
SUBJECT: Program
to Prepare a New Town of Markham Official Plan
PREPARED BY: Policy
and Research Division, Planning and Urban Design Department
RECOMMENDATION:
1)
That
the Report entitled “Program to Prepare a New Town of Markham Official Plan”
dated February 22, 2011, be received,
2)
And
That the program to prepare a new Town Official Plan outlined in the report, be endorsed,
3)
And
That Development Services Commission Staff be authorized to complete the required
work and consultation, relating to the preparation of the Official Plan in
accordance with the program described in the report,
4)
And
That Staff be authorized to proceed with arrangements for an initial component
of the public consultation program during the first half of 2011, including a statutory
special meeting of Council as described in the report,
5)
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
The
Town of Markham has grown and changed dramatically since its formation in 1971.
Over the past 40 years, Markham has become a mature, diverse and economically
significant community, a preferred community in which to live and work. The
Town is now presented with an unprecedented opportunity to plan for continued growth
and evolution over the next 20 years. This circumstance stems from the
confluence of new, wide-ranging Provincial legislation relating to community,
transportation and environmental planning, the approval of the new York Region
Official Plan, established new directions in planning for Markham as
represented by communities such as Cornell, Markham Centre and Langstaff, and
the Town’s own expression of its future, through the unfolding work of “Building
Markham’s Future Together”.
Over
the past 35 years the Town’s Official Plan has been updated and amended, but
has not yet incorporated changes to address recent senior government policy
directions, or to reflect recent approaches to community building such as those
emerging through “Building Markham’s Future Together”. Markham needs a new
Official Plan to provide a comprehensive update of Town policies to guide land
use planning, growth management and development approval to 2031, within the
context of governing Provincial and Regional policies and Plans.
Preparing
a new Plan will provide the opportunity to address future changes in the
physical planning and development of Markham, and how these may be integrated
with other Town initiatives for managing sustainable economic, environmental
and social change. It will also provide opportunities to engage the community
in considering how the Plan may be employed to guide decisions on future
community design, and neighbourhood planning. Council has endorsed a growth alternative
to 2031 as the basis for a new Official Plan, and a wide range of strategic
studies and policy initiatives that will support the development of the Plan
are completed or underway.
This
report recommends a program to prepare a new draft Official Plan during 2011
for adoption in early 2012, recognizing that there is a significant amount of
work to be done to prepare a comprehensive Plan and to coordinate with other
policy initiatives at the Town, Regional and Provincial levels. The ambitious
program schedule relies upon the immediate and continuing support of Council
and Town Staff across all Commissions. Funds for work in 2011 have been
incorporated into the 2011 budget submission.
A
component of the work program deals with consultation and communication
regarding the new Plan, which will extend throughout the program schedule. Council
authorization for Staff to plan and expedite early public consultation during the
Spring of 2011 is required, in order to adhere to the proposed schedule. Council
has authorized a special meeting of Council on April 12, 2011 to formally
commence Markham’s Official Plan review. Further public consultation will be
scheduled to discuss policy directions of the new Plan as various thematic
sections of the Plan (eg. environment, housing, transportation, employment
etc.) are drafted. It is recommended that Staff be authorized to proceed with
the Official Plan program and consultation, as outlined in this report.1. Purpose 2.
Background 3. Discussion 4. Financial 5. Others
(HR, Strategic, Affected
Units) 6. Attachment(s)
PURPOSE:
In May 2010, Council endorsed a
growth alternative for Markham to 2031 (summarized in Appendix ‘A’) as the
basis for preparing a new Town Official Plan. This report outlines a program to
prepare a new draft Official Plan for the Town and recommends that Council
approve initiating the program, including authorization for Staff to proceed with
key initiatives to undertake required work and consultation.
BACKGROUND:
1.
Provincial Legislation for Land Use
Planning and Managing Growth
The Development Services Committee
has received a number of reports and presentations describing Provincial
authority in regard to planning and growth management, and the requirement for
the Town to meet its obligations to conform to this legislation. Principal
among the Provincial documents defining the Town’s obligations are:
§
the
Planning Act,
§
the
Provincial Policy Statement, 2005,
§
the
Growth Plan for the Greater Golden Horseshoe, 2006, (Growth Plan) under the
Places to Grow Act, 2005,
§
the
Greenbelt Plan, 2005, under the Greenbelt Act, 2005, and,
§
the
Regional Transportation Plan, 2008, (“The Big Move”) prepared by Metrolinx under
the Greater Toronto Transportation Authority Act, 2006.
Significant direction in regard to
physical planning and growth management is provided in the Growth Plan. Policy directions based on the Plan include:
§ directing growth to developed areas where there is
capacity to accommodate additional population and employment, while strictly
controlling settlement area boundary expansions,
§ promoting transit-supportive densities and
appropriately integrating residential and employment land uses,
§ preserving established employment areas to accommodate
employment and preferred economic opportunities,
§ incorporating a transportation network that links
urban centres through an extensive multi-modal system anchored by efficient
public transit, and a roadway network for moving people and goods,
§ ensuring that sustainable water and wastewater
services and community infrastructure are available to support future growth,
§ identifying natural systems and areas for
agriculture and cultural heritage, and enhancing conservation of land
accommodating these valuable resources, and,
§ supporting the protection and conservation of
water, energy, and air, as well as integrated approaches to waste management.
The growth alternative endorsed by
Council provides the opportunity to address the policy directions of the Growth
Plan. The Town is also required to ensure conformity of Markham’s Official Plan
with the Region of York Official Plan, which must in turn, also conform to the Provincial
legislation identified above. A summary of requirements relating to Provincial
legislation is provided in the October, 2007 report from the Town Solicitor to
the Committee.
2.
Recently Approved Region of York
Official Plan
Under Provincial legislation, the
Region of York has the authority to direct land use planning at the Regional
scale through its Official Plan (ROP). Local municipalities within the Region
are required to ensure that their Official Plans conform to the ROP. A new ROP,
revised to meet Provincial conformity requirements, was approved by the
Province in September, 2010 and is presently under appeal.
In September 2010, the Region
adopted Amendment No. 3 to the newly approved ROP to incorporate additional
lands in northwest Markham into the Urban Area designated in the ROP, to
accommodate some of the assigned growth to 2031. Figure 1 shows an excerpt from
the Regional Structure Map in the ROP, as amended by ROPA 3, depicting the
location of the lands in Markham added to the Urban Area by ROPA 3. Regional Council’s decision to adopt Amendment
No. 3 became final in October 2010. The amendment is also under appeal. It will
be necessary to monitor the appeals of the approved ROP, as amended by ROPA No.
3, to determine if decisions relating to these appeals impact the compliance of
the Town’s new Official Plan with the Regional Plan.
A fundamental requirement of the
Region’s growth planning is to refine the Provincial Growth Plan forecasts for
York Region, assigning population and employment growth to 2031 to each local
municipality. The Region also assigns requirements for residential intensification,
and establishes minimum development densities consistent with requirements of the
Growth Plan. To implement the assigned
growth, the Region has established an intensification hierarchy, incorporating
targets to guide how much, and where, intensification should occur within the
built boundary, together with land requirements to accommodate new growth to be
located outside the current urban area. The results of the Region’s planning
are reflected in the approved ROP, as amended by ROPA No. 3. The ROP establishes
fundamental requirements for the policy framework for Markham’s new Official
Plan. Comparable work by the Town is reflected in the growth alternative to
2031, endorsed by Council, for incorporation into a new Town Official Plan.
Throughout the Region’s “Planning
for Tomorrow” process leading to the adoption of the new ROP, the Town worked
cooperatively with the Region to understand the evolving policy framework of
the Plan and to represent Town interests. Formal comments from Markham Council were
provided and integrated into the ROP process, and Town and Regional Staff have
worked together on a number of studies and strategy documents supporting the
ROP. The growth forecasts to 2031 for Markham, projects linked to the Region’s “Planning
for Tomorrow” program, and matters related to how growth is being planned to
occur, have been the subject of reports and presentations to the Development
Services Committee by both Region and Town Staff, and have been communicated to
the public through the Region and Town consultation programs.
3.
Markham Growth Management Program
3.1
Building Markham’s Future Together
Following passage of the Places to
Grow Act and approval of the Provincial Growth Plan for the Greater Golden
Horseshoe in June, 2006, Council, in November 2007, directed Staff to prepare a
Town growth management strategy, to be endorsed by Council in support of
preparing a new Official Plan. This initiative formed part of the strategic
priority identified by Council as “Growth Management” within the larger
strategic planning initiative, “Building Markham’s Future Together” (BMFT).
BMFT has generated a number of
studies and initiatives that relate in varying degrees to matters that may be
addressed in the new Official Plan. Some
of the projects undertaken by the Planning and Urban Design Department since November,
2007, are identified in Section 1 of Appendix ‘B’ and are expected to contribute
to the policy framework for a new Official Plan.
In addition, the Town completed a
new Economic Competitiveness Strategy in 2008, and has completed, or is engaged
in, a number of area studies addressing future growth (eg. Cornell Centre,
Yonge-Steeles Corridor, the Markham portion of the Richmond Hill/Langstaff Gateway
Urban Growth Centre, precinct plans within the Markham Centre Urban Growth Centre).
Several studies underway in the Planning and Urban Design Department (Section 2
of Appendix ‘B’) will also contribute to the policy framework for the new Official
Plan, as will other Town initiatives, both completed and underway (Sections 3
and 4 of Appendix ‘B’).
Also
arising from BMFT was the direction to prepare a Community Sustainability Plan
for the Town. Identified as Markham’s “Greenprint”, this community driven, long
term plan, will serve as a framework for decision making to address social
well-being and cultural vibrancy, environmental health and economic vitality.
Scheduled for completion by June 2011, the Greenprint addresses a wide range of
priorities in support of sustainability in Markham and is expected to identify
implementing actions for each. Relationships between the Greenprint and a new
Official Plan will be a key consideration for Council and Staff.
Findings for each completed study or
initiative identified in Appendix ‘B’, have been communicated to Council and
the community, and have contributed to our understanding of the possibilities,
challenges and influences on future growth in Markham. Some of these
initiatives contributed to the endorsed growth alternative to 2031 for the Town,
formulated within the planning context established by the Provincial Growth
Plan and Regional Official Plan, and within which Council’s decisions on growth
and planning must also be made. These completed and ongoing initiatives can also
inform refinement and implementation of the endorsed growth alternative through
a new Official Plan, and the development of parallel strategies supporting
Council’s priorities.
3.2
A Preferred Alternative for Accommodating Growth in Markham to 2031
Markham is
recognized as an innovative leader in planning, growth management, environmental
sustainability and new urbanist community design. To build upon the strength of
this experience, Council sought in 2007, broad community input into how growth should
be managed by soliciting resident views through the “Click with Markham”
campaign. From this exercise, planning for and managing future growth was
identified as a key strategic priority for Council, which directed that
alternatives for growth in Markham be examined.
Between 2008
and 2010 alternatives for growth were identified and reviewed with the
community and Council. Several key
planning initiatives were also undertaken (Appendix ‘B’), the results
contributing to development of the preferred growth alternative. In May 2010, Council endorsed a
growth alternative for Markham to 2031 (summarized in Appendix ‘A’) as the
basis for preparing a new Town Official Plan.
OPTIONS/ DISCUSSION:
1.
Program
for a New Town Official Plan
1.1
Purpose
of the Official Plan
The Town’s
Official
Plan provides Council's approved policies relating to how lands within Markham
are to be used over a specified time period. It is prepared with input from a number
of individuals and organizations representing a wide range of community
interests and helps to guide future decisions on the planning and approval of
development to meet the needs of the Town. In general, the Official Plan:
§
provides
Town land use planning policies to manage and direct physical change and to
address effects on the social, economic and natural environment,
§
provides
guidance regarding how land should be used and developed,
§
provides
for the coordination of future growth to meet the Town’s needs within a planned
Town structure,
§
provides
the policy framework for establishing more localized land use and zoning
provisions, including regulations and development standards, and,
§
provides
policy guidance to meet Town, Regional and Provincial interests and to evaluate
and reach decisions on potential land use conflicts.
1.2 Markham’s Current
Official Plan
Markham’s current Official Plan was
originally adopted in 1976 and approved in 1978. A major update of the Plan was
adopted in 1987 and approved in 1993. Since 1987 the Plan has been the subject
of significant amendments to Town-wide policies relating to matters such as
urban expansion, commercial and industrial uses, parks and site plan
requirements, funeral homes, places of worship and the Oak Ridges Moraine. In
addition, at least fifteen major amendments have been approved to incorporate
Secondary Plans for new Planning Districts. The majority of amendments over the
past 35 years have not altered the basic Plan format, and some of the original
text remains. It is now required that the Plan be brought into conformity with
the new Region of York Official Plan and recent Provincial Plans.
The Planning Act requires
municipalities, to review and if necessary, revise their official plans at
least every 5 years. Despite a number of significant amendments and policy
updates, the current Official Plan is in need of a comprehensive review and
consolidation in the form of a new Official Plan. As discussed below (Section 2.5)
the current Official Plan also includes 46 Secondary Plans, some of which amend
the parent Official Plan document. In
conjunction with preparing a new Official Plan the relationship to existing Secondary
Plans must be updated.
In
these circumstances, and in consideration of the need for significant revision
to achieve conformity with the provincial and regional policy regimes, Staff proposed in 2007, and recommended
in 2009, that a new Town Official Plan should be prepared, building on the
preferred growth alternative to be adopted by Council. Council endorsed this
recommendation in May, 2010.
1.3 A New Town Official
Plan
Recognizing the commitment to
managing growth identified in “Building Markham’s Future Together”, and the
work completed during the previous term of Council, Markham is now ready to
prepare and adopt a new Town Official Plan to guide land use planning to 2031. The
preparation of the Plan will be coordinated by the Policy Group of the Planning
and Urban Design Department, in consultation with other Town Staff and with the
support of consultants, as required. To assist the Town in preparing a new Official
Plan, John Gladki, of Gladki Planning Associates, has been retained as an advisor
to Staff and Council. Mr. Gladki has participated in previous projects for the
Town and has been working with Staff since November, 2010 to define the
Official Plan program.
1.3.1 Policy Requirements
Addressed Through the Preparation of a New Official Plan
The
new Official Plan will provide the policy framework to guide land use and
physical development in Markham over the planning period to 2031, integrating
with other Town initiatives for managing sustainable economic, environmental
and social change. The preparation of a new Official Plan will address several requirements
for Town planning policy, including:
§
ensuring
conformity with Provincial legislation and Plans and the Region of York Official
Plan,
§
refining
and elaborating on senior government policy for planning and growth management to
more specifically address matters of interest to Markham,
§
incorporating
policies consistent with a Plan intended to address the circumstances for planning
and managing growth and change in Markham for the period to 2031, including the
growth alternative for Markham endorsed by Council,
§
reflecting,
as appropriate, other Town initiatives being developed and approved by Council
to address strategic priorities for the Town,
§
redefining
the policy relationship between the Official Plan and Markham’s Secondary
Plans, and,
§
providing
the policy basis for completing an update of the Town’s zoning bylaws, as
mandated by the Planning Act.
To
address these requirements, it is the consensus of Staff that a new Plan must
extend beyond the policy context and framework of the current Plan and define
new policy directions for planning the Town, while ensuring that valued elements
of the community are preserved and continue to be well-managed.
1.3.2
Strategic Objectives for Markham’s New Official Plan
To assist in defining new planning
policies, Staff proposes that the Official Plan should be guided by strategic
objectives that express directions to be taken in planning for Markham. The
objectives proposed below are intended to provide the basis for discussing
policy directions and may be refined as the program to prepare the Official
Plan proceeds.
The proposed strategic objectives
are:
§
To promote and expand upon Markham’s leadership and
innovation in urban planning, urban design, civil engineering, and development
standards and compliance, and the integration of planning and development with
all aspects of municipal management and operations.
§
To develop sustainable, compact and complete
communities incorporating healthy active living, excellence in community design,
efficient infrastructure, housing choices for all, and facilities and services
meeting community needs.
§
To establish an inter-connected Greenway System within
the Town, protecting and enhancing existing natural heritage and hydrologic
features and supporting biodiversity.
§
To effectively move people and goods within and
beyond the Town by providing residents, employees and businesses with choices
and accessibility in travel and movement, with particular attention to the
promotion of increased transit ridership and active travel, including cycling
and walking.
§
To
increase adaptability in the community through green infrastructure (water,
waste, energy), innovative technology, resource conservation and other sustainable
practices to address long term climate change impacts.
§
To maintain a prosperous and competitive economy,
by accommodating a balanced and diverse range of employment opportunities,
protecting employment lands, supporting a knowledge-based economy and promoting
culture and tourism.
§
To sustain a local food system by protecting
agricultural lands, encouraging urban food production and supporting complementary
agribusiness activities.
§
To celebrate the Town’s unique character by
protecting cultural and heritage resources, establishing landmarks and creating
attractive and engaging public spaces to foster interactions between people and
connections to their community.
§
To celebrate cultural diversity and uniqueness in
the Town through planning for the needs of all members of the community.
§
To engage the community in the continuing process
of planning and growth management, including the preparation of the Official
Plan.
§
To
manage growth and development through monitoring, phasing and the delivery of
public infrastructure and community services.
1.3.3 Refining the
Town Structure
The Town’s physical structure
reflects a combination of elements, including historical patterns of
development, past planning decisions, the presence and preservation of significant
natural features, the location of transportation routes and senior government
controls over the use of land. The
policy directions to be pursued will relate to how the principal components of
the Town structure are defined and arranged. The future structure of the Town
will increasingly be defined in regard to the proposed Greenway System, the
pursuit of increased development focused in centres and corridors served by
transit, and the retention and careful management of community and employment
areas. Figure 2 portrays the main components of the future Town structure,
reflecting the endorsed growth alternative.
Principal components of the Town structure
include:
§
The Greenway System, including lands within the
Greenbelt, Oak Ridges Moraine, the Rouge Park and proposed enhancement areas,
to be protected based on their environmental significance, or continued
potential for agricultural use.
§
Countryside Area, including primarily lands outside
the urban area and the Greenway System, available for countryside use,
including agriculture.
§
Neighbourhood Area, including residential lands, developed
primarily in ground-related housing forms, together with supporting parkland, and
lands devoted to institutional, retail and service uses, primarily serving
Markham’s residents.
§
Employment Area, including lands for office
development, business park uses and complementary, supporting services.
§
Intensification Area, as identified in the
intensification hierarchy forming part of the endorsed growth alternative, strategic
locations at transit nodes and on transit corridors, identified for potential intensification
of residential and employment development, and incorporating complementary
supportive activities.
§
Transportation and Utility Area, relating primarily to lands used
for the 400 series highways, and major hydro corridors.
Employing a structural perspective to
planning for the future is common in recent municipal Official Plans addressing
provincial growth policy, and is useful for contemplating the requirements and
opportunities for new Official Plan policies. As discussion of the new Official
Plan proceeds, it is intended that Figure 2 will assist in understanding the
relationship of the main components of the future Town structure and shaping
the content and organization of planning policy.
2.
Components of the Official Plan
Program
The program to prepare a new draft Official
Plan has five main components around which work and resources need to be
organized.
2.1
Consultation and Communication
2.1.1
Community
Consultation
Building on the extensive public consultation
regarding growth management between 2008 and 2010, the objective of this
component will be to communicate the policy context and framework for a new
Official Plan, to solicit commentary from the community, stakeholder agencies
and Town Departments regarding a new Plan, and to provide opportunities for
questions and comments. Consultation and communication will be planned to take
place throughout the Official Plan program with the objective of a first round
of engagement to be completed before June 2011.
2.1.1.1 Community
Consultation January to June 2011
In order to meet the proposed
timeline for the Official Plan program it will be necessary to complete and
report on a first round of consultation in 2011 before the end of June. A
proposal for consultation during the first half of 2011 is attached as Appendix
‘C’. Staff has determined the
requirements for consultation and developed a program intended to provide
opportunity to impart information regarding the Official Plan program and to
secure comments in regard to possible revisions to the Official Plan.
As part of the program, which
involves both a review of the Official Plan and addressing conformity with
senior government policy, Council is required under Section 26(3) of the
Planning Act, to “…hold a special public meeting before revising the official
plan…to discuss the revisions that may be required”. Council has authorized the
special meeting to be scheduled for April 12, 2011 to formally commence
Markham’s Official Plan review and program.
2.1.2
First
Nations and Metis Consultation
Based
on an effective model developed by the Region of York for its Environmental
Assessment and Official Plan programs, Staff proposes to undertake a similar program
of consultation with First Nations and Metis. The proposed consultation is
intended to exceed the minimum requirement of the Planning Act. Working with
our consultant advisor, Ron Williamson of Archaeological Services Inc., the
program will be directed toward addressing consultation preferences of the
First Nations and Metis and will seek to focus on specific interests they may
identify in regard to cultural heritage and environmental matters. The Town
will continue to work with the Region through their current project to develop
an Archaeological Management Plan for the Region, to ensure coordination
relating to First Nations and Metis interests. The Town will seek to work with
the Region to support consultation costs with First Nations and Metis
representatives. Funds are available within the 2011 budget submission. It is
recommended therefore, that Staff be authorized to allocate monies to cover
such consultation expenses during 2011 in the order of $10,000.
2.1.3
Agency
Consultation
As the Official Plan program
proceeds there will be a need to consult with outside agencies having an
interest in the Plan. Among others, this is likely to include some Provincial
Ministries and authorities, the Region of York, Regional School Boards, and
Conservation Authorities, This consultation will be focused with the completion
of a draft document. The preferred opportunities to consult with agencies are
being determined as the program proceeds.
2.1.4 Internal Consultation
Consistent with its primary function
in regard to growth management and development control, it is proposed that the
Development Services Committee of Council assume responsibility for
recommendations to Council in regard to the new Official Plan. Staff will
update, and provide recommendations to the Committee, in regard to policy
matters related to preparing the
Plan. Subject to Planning Act requirements, the Committee will also be
responsible for community consultation. In order to meet the proposed program
schedule, Staff will periodically seek comment and direction from the Committee
on matters of policy and community consultation during the period of the
Official Plan program.
Consultation among Town Departments
will be organized in two ways. The first will be through the Department Heads
Forum. The second will be through working arrangements established with each
Commission, including Staff from Departments with a particular interest in the
Official Plan. Working relationships with several Departments are already being
established.
2.2
Preparation of a Policy Framework
This component will prepare a policy
framework for the new Plan serving several purposes, including addressing
Provincial and Regional growth and planning policy, incorporating Town
preferences for managing growth and for coordinating future development while
preserving existing communities, natural and cultural environments, and
introducing new policy considerations, appropriate to planning for Markham. The
findings and recommendations of work, such as that outlined in Appendix ‘B’, provide
a basis for policy directions in the new Official Plan and will inform the
policy framework.
The framework must incorporate the
emerging structure of the Town (see Section 1.3.3. above) including locations
for greater intensification of development to be served by rapid transit, lands
to be devoted to the Town’s Greenway System, lands within existing
neighbourhoods and employment areas to be retained and carefully managed, and
lands to accommodate new residential and employment development. Finally, land
use designations and policies to guide community development, built form and
development approval, together with the required mapping to articulate policy, must
be woven into this policy framework to give it effect.
2.3
Prepare Draft Policy Based on
Completed Studies and Research
With the policy framework
established, the preparation of draft policy must be advanced. Some policy is
linked to supporting studies or research. In some cases, policy can be drafted
with studies in progress; in other instances the preparation of policy relies
on completed studies or research. A number of studies likely to lead to policy
directions in the new Plan are to be completed (Appendix ‘B’, Section 2). A
considerable amount of research will also need to be completed to finalize policies.
Several studies are underway in other Town Departments that could provide
recommendations to be reflected in the Official Plan, although the extent is
still to be determined. It will be necessary to coordinate the completion of
studies with the preparation of policy. Finally, consideration must also be
given to ensuring that draft policies conform to senior government legislation
and plans.
It is proposed that further
consultation should be scheduled to discuss policy directions of the new Plan
as various thematic sections of the Plan (eg. environment, housing,
transportation, employment etc.) are drafted. Staff is considering the use of
“Briefing Papers” in regard to different policy topics, to be released for
review periodically during the program, as a means to propose policy directions
for the Official Plan and to solicit commentary.
2.4
Completion of the Draft Official
Plan
This component of the Official Plan
program will assemble the draft policies into a document together with required
mapping. The draft Plan will also need to address the relationship to secondary
plans. The format of the final draft will be based on the policy framework used
to guide policy development. The draft will establish internal consistency
across all policy areas as well as necessary cross referencing.
The draft Plan will form the basis
for review with Council, and consultation with all parties having an interest
in the Plan. If, based on this review, revisions to the Plan are deemed
necessary by Council, time to complete this work will also be required.
2.5
Resolution of Existing Secondary
Plans with New Official Plan Policies
Markham’s approach to establishing
planning policy has relied on a “parent” Official Plan and a series of implementing
Secondary Plans for individual communities or districts. Secondary Plans are intended to form a
freestanding part of the Official Plan and to elaborate on the policies of the
Plan in relation to specific geographic areas of the Town, typically those
undergoing new development. The approach relies on a clear linkage and
understanding of precedence between the policies of the Official Plan and
Secondary Plans. There are currently 46 Secondary Plans, established over the
35 years during which the current Official Plan has been in effect. With the
exception of the Oak Ridges Moraine Secondary Plan, all the secondary plans
apply to portions of the Town’s current urban area.
A challenge in employing Secondary
Plans is their essential linkage to the parent Official Plan. As the Official
Plan is amended over time, the content and intent of the Plan’s policies
change. However, unless Secondary Plans are concurrently amended, their linkage
and intent, relative to the Official Plan, can/has become less clear. Another challenge is secondary plans, not
related to the parent Official Plan. These twenty plans predate 1985 and were not adopted as amendments to the Official Plan under
the Planning Act, and do not have a “statutory” status. As such, reliance on
these non-statutory Plans as policy documents could be subject to challenge.
A further consideration is that most
Secondary Plans were intended to establish the requirements for approving and
constructing new development in greenfield areas. With most of these areas now
fully developed (it is estimated that more than 75% of the portion of the urban
area currently subject to Secondary Plans is now developed), the primary
purpose of many Secondary Plans has been achieved.
In conjunction with preparing a new
Official Plan, the relationship to existing Secondary Plans must be
established. Plans to be retained must be identified and appropriately linked
to the new Official Plan, and a process established to bring them into
conformity with the Plan in a timely manner. Where Secondary Plans are no
longer needed (such as may be the case for older, non-statutory secondary
plans), there may be some site specific policies that should be retained. A
mechanism to do this, within the context of the new Official Plan, must be
identified. Determining how to address the existing Secondary Plans, and
addressing continuing policy requirements, will be a significant component of
the review inherent in the Official Plan program.
There is a continuing role for
Secondary Plans, primarily in guiding new development, and in some cases
redevelopment in specific locations. In addition to addressing existing
Secondary Plans, the program will need to assess the requirement and timing for
the preparation of new Secondary Plans, or local area policies, to be linked to
the Official Plan, principally for locations identified for intensification and
new community development. The priority is on the adoption of the new Official
Plan; the review of existing Secondary Plans and the preparation of new
Secondary Plans will immediately follow. The preparation of new Secondary Plans
to implement the Plan, particularly in the case of proposed urban expansion
lands, will also be a significant future exercise.
3.
Official Plan Program Schedule
The proposed schedule for the
Official Plan program has been planned based on a one year timeline and a
target of providing the Development Services Committee with a draft Plan early
in 2012. This schedule is based on current assumptions relating to:
§
the
necessary work, including studies and research, to be completed in support of
policy development,
§
opportunities
for consultation and communication,
§
available
budget, and the ability to quickly retain experts to support the primary role
of the Town Staff in policy preparation, and,
§
the
commitment of time to the Program by Town Staff and Council.
This timeframe, relative to the
Official Plan program components identified in this report, is summarized in Appendix
‘D’. It is anticipated that because of the assumptions involved, the schedule
might be adjusted as the program proceeds.
The Schedule does not address time
to bring existing Secondary Plans into conformity with the new draft Plan, to secure
all commentary on the draft Plan, to adopt or approve the new, nor the time
associated with resolving possible appeals of the Plan following approval. The
Schedule also does not include the essential work to prepare new Secondary
Plans and update Town Zoning Bylaws required to implement the new Plan. The
time associated with these future, multi-year activities can best be determined
once the draft of the new Official Plan is available.
FINANCIAL CONSIDERATIONS
Funds have been incorporated into
the 2011 budget to support the Official Plan program during 2011, primarily to
retain experts to advise and assist in preparing some of the draft Plan policy
and associated studies. If required, additional funding will be reported on as
needed.
HUMAN RESOURCES CONSIDERATIONS
Not
applicable at this time.
ALIGNMENT WITH STRATEGIC
PRIORITIES:
The preparation of a new Official
Plan relates to all strategic priorities of “Building Markham’s Future Together”,
and specifically forms part of implementing the Growth Management priority.
BUSINESS UNITS CONSULTED AND AFFECTED:
Town Commissioners and the Chief Administrative Officer
have reviewed this report.
RECOMMENDED BY:
___________________________________
Jim Baird, MCIP, RPP, Commissioner
of Development Services
___________________________________
T. J. Lambe, MCIP, RPP, Manager Policy and Research Division
ATTACHMENTS:
Appendix ‘A’, Growth Alternative for
Markham to 2031, Endorsed by Council
Appendix
‘B’, Town Studies and Initiatives, Completed, Underway and Planned
Appendix
‘C’, Official Plan Consultation Program, January to June, 2011
Appendix
‘D’ Official Plan Program Schedule
Figure
1 Excerpt from Regional Structure Map, as amended by ROPA 3
Figure
2 Future Town Structure
Figure
A1 Recommended Growth Alternative to 2031
Q:\Development\Planning\MISC\MI
527 New Markham Official Plan\Reports\DSC Official Plan Feb 22, 2011 Final.docx
Appendix
‘A’: Growth Alternative for Markham to 2031, Endorsed by Council
The recommended alternative outlined
in the report to the Development Services Committee of November 17, 2009 and
endorsed by Council on May 11, 2010, represents an approach to
managing sustainable growth that balances several objectives. The recommended alternative,
shown in Figure A1:
§
accommodates
forecast Markham growth to 2031 (2031 population of 421,600 and employment of
240,400), consistent with the Provincial Growth Plan and new Regional Official
Plan;
§
in
keeping with Council’s preference, emphasizes intensification within the
current settlement area and limits additional outward growth,
§
provides
for a diversified Town housing stock to 2031, to serve the
growing population, including intensification
at appropriate locations supporting
transit,
§
provides
for employment intensification at appropriate locations supporting transit, and land to competitively
accommodate employment growth,
§
provides
a mix of housing and jobs supportive of improved live-work opportunities,
§
provides
for continuing environmental protection and a Town Greenway System, integrated with lands to accommodate growth
and agriculture,
§
provides
an enhanced context for continued agricultural activity in Markham,
§
incorporates
an extension to the current settlement area of approximately 900 hectares to be
phased over the forecast period to 2031; the limited extension relies on
accommodating about 80% of the forecast residential and employment growth within the current settlement area,
§
provides
the opportunity to accommodate more than 600,000 residents and jobs, over 90%
of the 2031 combined total, within the current settlement area,
§
supports
the further application of sustainable community design, transit investment,
infrastructure improvement, a diversity of housing and employment
opportunities, contributing to a vibrant and resilient economy;
§
aligns
with transportation initiatives proposed by Metrolinx and the Region of York,
§
provides
the basis for infrastructure and financial analysis and the opportunity to
relate these to development phasing, and,
§
provides
the basis for completion of other Town BMFT initiatives including preparation of a new Town Official Plan.
Figure A1, Recommended Growth Alternative
to 2031, is based on Figure 3 in the report to the Development Services
Committee of November 17, 2009, which outlined the growth alternative for the
Town recommended by Staff. The recommended alternative was endorsed by Council
in May, 2010 as the basis for preparing a new Town of Markham Official Plan.
Appendix
‘B’: Town Studies and Initiatives, Completed, Underway and Planned
1.
Planning and Urban Design Department
Studies and Initiatives – Completed
§
Environmental
Policy Review and Consolidation, identifying a Town-wide Greenway System, incorporating
a Natural Heritage Network and Greenbelt Agriculture lands,
§
approval
of OPA No. 140, for the Rouge North
Management Area.
§
Employment Lands Strategy Study
(Phase 1), offering guidance in regard
to conforming to senior government policy pertaining to employment lands,
identifying land requirements to achieve employment forecasts and updating the Town’s policy framework for
the provision and use of employment lands.
§
Housing Stock Analysis, identifying a preferred future
housing mix and requirements to manage housing growth including phasing and
monitoring programs.
§
Agricultural Assessment Study, recommending policies and
requirements to enhance long term use and sustainability of agricultural lands.
§
Public Engagement Program, to secure public input regarding
requirements and alternatives for growth in Markham to 2031.
§
Section 37 Policies and Guidelines, a policy review to introduce new
provisions respecting the use of Section 37, culminating in approval of OPA No.
187, and Guidelines for Implementation to establish a protocol for negotiating
and securing Section 37 benefits.
§
Greenhouse Gas Analysis, addressing GHG variations for
growth alternatives and identifying approaches to possibly reduce future
greenhouse gas emissions.
§
Built Form, Height and Massing
Guidelines,
providing recommendations relating to regulating future built form within a
policy framework for the Town’s intensification areas.
§
Intensification Strategy, identifying preferred locations
and requirements for directing growth through intensification, within the
Town’s proposed intensification area including phasing and monitoring programs,
and built form, height and massing principles.
2.
Planning and Urban Design Department
Studies and Initiatives - Underway
§ Greenway System, Phase 2 Review,
to inventory and review site specific delineation of natural heritage features
to confirm final Greenway System mapping for the Official Plan.
§ Employment Lands Intensification Study,
to determine the potential for ELE jobs allocated to Markham by the
Region to be accommodated on developed sites before 2031, and if this potential
should be relied on in forecasting land requirements.
§ Employment Lands Strategy Study (Phase 2),
to develop Official Plan policies for the new Town Official Plan, and confirm
requirements to accommodate employment growth to 2031.
§
Affordable and Special Needs Housing,
identifying a
recommended policy framework for a new Affordable and Special Needs Housing
Strategy together with a plan to implement the actions outlined in the Strategy.
§ Community Infrastructure Study,
reviewing processes and possible opportunities for planning, funding and
providing community infrastructure.
§
Shared and Supportive Housing Policy
Review, identifying
new Official Plan policies for five key policy areas: group homes, custodial
long term care facilities for seniors and persons with disabilities, student
housing, rooming housing, and conversion of existing rental units.
§
Sustainable
Development Standards and Guidelines, identifying sustainability best
practices for the site portion of mid and high rise development and industrial,
commercial, and institutional development related to water use, energy
production and conservation, walkability, and biodiversity.
§
Archaeology
Policy Review, to update Town policies relating to the
consideration and management of archaeological resources.
§
Parkland
Policies Review, to review and update Official Plan policies relating
to the planning, provision and organisation of Town parklands.
3.
Other Town Studies and Initiatives –
Completed
§ Small
Streams Study,
identifying a process and protocol for identifying and managing intermittent
drainage features, with the objective of maintaining and enhancing the
functional contribution of these features to the health of the watershed
ecosystem, including the enhancement of water quality, stream flow and aquatic
habitat.
§ Markham 2020 Economic
Competitiveness Strategy,
a 10 year strategy to guide Markham’s economic development to ensure a
competitive supply of employment land to accommodate economic growth.
§
Integrated Leisure Master Plan, a 10 year strategy that will guide
Markham’s decision-making and resource allocation strategies with regard to
parks, recreation, culture and library service and facility needs.
§
Diversity Action Plan, a strategy to promote
inclusiveness and to provide programs and services that respond to the diverse
needs of Markham residents with a particular focus on youth, newcomers and
visible minorities, seniors and persons with disabilities.
§ Cycling
and Trails Master Plan, to guide the implementation of
future pathways and trails network and set out the means for improving and
expanding the network across the Town.
4.
Other Town Studies and Initiatives –
Underway and Planned
§
Markham Transportation Strategic Plan, to introduce
progressive transportation policies and strategic directions to influence
travel behavior and urban the development pattern that are consistent
with an integrated transportation plan to be delivered by various
transportation providers
§
Master Servicing Study, to develop a strategic plan to ensure effective municipal
infrastructure (water, sanitary and storm) investments to service urban
development in Markham
§ Storm Water Management Guidelines, identifying innovative and current
industry and agency standards including water balance considerations and low
impact development for storm drainage infrastructure requirements for land
development in the greenfield and infill redevelopment context.
§ Brownfield Policy, identifying Town requirements for managing
contaminated lands proposed for development, including the preparation and
approval of an Environmental Site Assessment (ESA) in accordance with
applicable senior government requirements and regulations.
§
Community
Sustainability Plan (Greenprint),
a community driven long term (50 to 100 year) plan to address social well being
and cultural vibrancy, environmental health and economic vitality.
§
Climate
Action Plan, part of the
Greenprint, this Plan will target zero emissions by 2050 through the development
of a climate change adaption and mitigation framework.
§
Fire Master Plan, to guide fire and emergency
services through the next five to ten years.
§
Financial Analysis, to examine financial implications
of growth alternatives and develop a financial strategy to implement Markham’s
growth alternative.
§
Public Realm Plan, to provide guidance and identify actions
for implementing improvements to the Town’s streets, sidewalks, open spaces and
parkland.
§
Culture Plan, a 10 year plan to enhance and promote cultural activity and
expression, and cultural development in Markham.
§
Public Art Policy, updating the Town’s current public
art guidelines and policies to support and encourage public art initiatives on
public and private lands.
§
Community Safety Plan, providing sustainable solutions to
enhance community safety in Markham.
Appendix
‘C’: Preparation of New Town of Markham Official Plan,
Reporting
& Public Consultation Program, January to June 2011
Planning Act Requires
an Official Plan Review Every 5 Years
Section
26 of the Planning Act requires that at least every five years, Council revise
the Official Plan to:
§
ensure
that the Plan conforms with Provincial Plans;
§
ensure
that the Plan has regard for matters of Provincial Interest and is consistent
with Policy Statements; and,
§
that
If the Plan contains policies dealing with areas of employment, including, the
designation of areas of employment in the official plan and policies dealing
with the removal of land from areas of employment, to ensure that those
policies are confirmed or amended.
The
preparation of a new Official Plan for the Town will include the review and
revision of the current Official Plan to ensure that the matters identified
above are addressed.
Public
Consultation Required Under the Planning Act
Section 26 of the Planning Act
requires that as part of a 5 year review of the Town’s Official Plan, Council
hold a Special Meeting to hear submissions from the public and affected
agencies in regard to revisions that may be required to the Town’s Official
Plan. This meeting must be held prior to revision of the Official Plan. Notice
of the Special Meeting of Council must be given for two consecutive weeks, not
less than 30 days prior to the meeting.
Public Consultation
Program (January to June 2011)
A
public consultation program has been prepared for the first 6 months of 2011
which satisfies the requirements of Section 26 of the Planning Act and which
provides additional opportunity to receive public comments. Additional Open Houses and statutory Public
Meetings, as required by the Planning Act, will be scheduled to present and
obtain input in regard to a draft Official Plan once the draft has been
prepared. It is proposed that further consultation should be scheduled to
discuss policy directions of the new Plan as various thematic sections of the
Plan (eg. environment, housing, transportation, employment etc.) are drafted.
The
public consultation program for the first half of 2011 will include:
§
Developing a new component of the
Town website to
inform public/stakeholders about the Official Plan program. An interactive capability incorporating
dialogue is being explored, subject to available budget.
§
Launch Event – Special Meeting of Council on
April 12, 2011 (required under Section 26 of the Planning Act) to outline the
work program for the Official Plan, possible revisions to the Plan, and to
secure comments from the public.
§
Consultation Meetings to be Held
Include:
§
The
Community, as described above, plus any additional meetings, as required
§
First
Nations and Metis Groups
§
Internal
Departments through Department Heads Forum and working groups
§
Interested
Stakeholder Groups and External Agencies
Consultation Schedule:
January to June 2011
The
Table below outlines the proposed schedule for consultation during the first
six months of 2011. The schedule has been carefully planned to meet the
requirements of the Planning Act, to ensure a range of opportunities to consult
and communicate, and to provide staff time to report back on the consultation
before the end of June. Given the time available and notice requirements there
is little flexibility in the scheduling of the statutory public meetings.
|
Reports
and Public Consultation |
Target Meeting/Report
Dates (January to June 2011) |
|||||
|
Jan. |
Feb. |
March |
April |
May |
June |
|
|
Report to DSC – Official Plan Program |
|
Feb. 22 |
|
|
|
|
|
Website Development & updates |
|
* |
* |
* |
* |
* |
|
Launch Event – Special Meeting of Council (Section 26 of the Planning Act) |
|
|
|
April 12 |
|
|
|
First Nations, Metis Consultation Meeting |
|
|
|
*April |
|
|
|
Community, Agency and Town Department
Meetings, as required |
|
|
* |
* |
* |
|
|
Report
to DSC - Official Plan Framework & Public Consultation |
|
|
|
|
|
June 21 |
*tbd