RECOMMENDATION:
That the report entitled “Information Report, Pickering Airport Site: Status of Airport Zoning Regulations
and Master Plan Process”, dated October 18 2005, be received;
PURPOSE:
This information report provides an update on:
1. the status of the
Federal Airport Zoning Regulations for the Pickering Airport Site;
2. the process arising from the preparation of
the Pickering Airport Draft Plan, leading to the future consideration of
approval of an airport by the Federal Government;
3. the recent announcement by the
Minister of Transport relating to a review of airport roles in Southern Ontario
and a comprehensive review of all related airport planning studies; and,
4. a recent Transport Canada
request to amend the Official Plan as it relates to potential noise from an
airport at the Pickering Airport Site.
EXECUTIVE SUMMARY:
Following a period of consultation, initiated
in 2001, the Pickering Airport Site Zoning Regulations (PASZR) were approved by the Privy Council in September 2004. The
PASZR are now taking effect on certain lands in Markham
through registration on title. The Town must determine how the provisions of the
PASZR will be addressed in its development approval processes, and how the Town
will deal with the Regulations as an affected landowner.
The Pickering Airport Draft Plan (PADP),
prepared by the GTAA at the request of the Minister of Transport, was released
in November 2004. The GTAA is prepared to initiate a request to commence a
Federal Environmental Assessment of the project as soon as the Minister
determines that it is appropriate to proceed. In September 2005, the Minister
announced that Transport Canada will undertake further study of the role of
airports in southern Ontario in accommodating future air traffic growth, and conduct
a comprehensive due diligence review of all related airport planning studies
prior to proceeding to a Federal Environmental Assessment for a possible future
airport at Pickering. Until this study and review are completed, the Federal
Environmental Assessment will not proceed.
Transport Canada has
recently advised of revisions to its guidelines for land use in the vicinity of
airports. The principal revision is to recommend that no new noise sensitive land
uses be permitted above the 25 NEF/NEP, rather than the 30 NEF/NEP noise
contour for new airports. Transport Canada
requests the Town to consider the revisions in its land use approvals and to include the 25 NEF/NEP in the
Official Plan. Staff considers a change in current
Official Plan policy, which is consistent with the Provincial Policy Statement,
to be premature for several reasons, but primarily until a decision to proceed
with an airport at Pickering has been made.
BACKGROUND:
1. Pickering Airport Site Zoning Regulations
The Federal Pickering Airport
Site Zoning Regulations are intended to protect future airport operations from
incompatible land uses or facilities.
Under the Aeronautics Act, the federal
government has the authority to enact Airport Zoning Regulations (AZR). The purposes of the Pickering Airport Site AZR
(PASZR) are:
·
“to prevent lands adjacent
to or in the vicinity of the Pickering airport site from being used or
developed in a manner that is, in the opinion of the Minister of Transport,
incompatible with the safe operation of an airport or aircraft”; and,
·
“to prevent lands adjacent
to or in the vicinity of facilities used to provide services relating to
aeronautics from being used or developed in a manner that would, in the opinion
of the Minister of Transport, cause interference with signals or communications
to and from aircraft or to and from those facilities.”
The Pickering Airport Site
Zoning Regulations (PASZR) have now been deposited on the title of lands in the
vicinity of the proposed airport site.
Under the federal Aeronautics Act, and as a prerequisite to enactment of the PASZR,
the Pickering Lands were declared an airport site by an Order in Council on August 1, 2001. After a public consultation
period which included discussions with municipal staff, public information
sessions, and a presentation to the Development Services Committee by Transport
Canada staff, the draft PASZR were published in April 2003.
After further public consultation, including
two public open houses in Markham, the Privy Council approved the PASZR (Regulation P.C. 2004-1093) in September
2004. Pursuant to the Aeronautics Act, the PASZR comes into
effect when a copy of the Regulations is deposited in the land registry
office. Transport Canada
began depositing the Regulations on each individual parcel title in July 2005,
and announced completion of this process and the PASZR taking effect on September 26 2005. The PASZR were published in the
Toronto Star on September 27 2005. An extract of the Regulations
and associated mapping is attached as Appendix A.
The PASZR and related information, including
mapping, is available on the Transport Canada website; a link to this site is
available on the Town website.
Council has advised the Minister of Transport
that the Town supports the PASZR in principle, but has concerns regarding lack
of agreed-upon techniques to mitigate potential bird hazards as required by the
Regulation.
In May 2003, Council
received a report regarding the proposed PASZR, and resolved to advise the Minister of Transport that the Town supports, in principle, the intent
of the proposed Airport Zoning Regulations relating to public safety, and
requested the Minister to not bring the PASZR into effect until Transport Canada
and the Town of Markham had identified mutually agreeable mechanisms for the
implementation of the bird hazard provisions of the Regulations. A copy of Council’s resolution is attached as
Appendix B. Markham’s concern
was acknowledged by Transport Canada in
a Regulatory Impact Analysis Statement accompanying the Regulations.
2. Pickering Airport Draft Plan
In April 2001 the Minister of Transport
requested the Greater Toronto Airports Authority (GTAA) to undertake interim planning
that would enable the federal government to determine if a regional/reliever
airport should be approved on the Pickering Airport Site. In the following
three years a number of studies were undertaken by the GTAA as the basis for
the development of a Pickering Airport Draft Plan (PADP). The Town, together
with other interested municipalities and agencies, was consulted through the
process leading to the release of the PADP in November 2004. Public consultation was also undertaken during
the three year period of study and following release of the PADP.
The PADP and related information is available
on the GTAA website; a link to this site is available on the Town website.
3.
Recent Announcement by the Minister of Transport
On September 9, 2005,
the Minister of Transport announced that Transport Canada is initiating further
study of the role of airports in the southern Ontario
area and a comprehensive due diligence review of all related airport planning
studies (Appendix C).
4. Transport
Canada Has Revised Guidelines for Land Use in the Vicinity of Airports
In July 2005 Transport Canada
advised the Town that revisions had been made to its guidelines for land use in
the vicinity of airports, recommending that no new noise sensitive land uses be
permitted above 25 NEF/NEP noise exposure contour for new airports. Transport Canada requests
the Town to consider the revisions in its land use approvals and to include the 25 NEF/NEP in the
Official Plan. (Appendix D).
DISCUSSION:
1. Pickering Airport Site Zoning Regulations
Regulations Impose
Restrictions on Lands In Markham
The
PASZR are intended to prevent lands near the Pickering Airport Site from being
used or developed in a manner that would be incompatible with the safe operation
of an airport or aircraft. The Regulations restrict the height of structures
and vegetation, interference with signals and communications and land uses
attractive to birds that create a potential hazard to aviation safety.
Specific restricted land uses are not identified in the Regulations. Examples of land uses restricted by
the Regulations are included in Appendix C to a guidance document (TP1406E)
relating the PASZR prepared by Transport Canada (extract attached as Appendix
E).
The
Regulations do not impose any restrictions relating to aircraft noise. These are contained in the Provincial Policy
Statement. The current Airport Zoning
Regulations for Buttonville Airport continue to apply and in instances where
the two Regulations overlap, both apply.
Mitigation May Allow Some Restricted Land Uses to be
Permitted
Transport
Canada has identified that certain land uses, not
permitted by the Regulations due to their potential to represent a bird hazard,
could be considered for approval if certain characteristics of the uses that
constitute an attraction to birds are mitigated. This information is provided
in a report prepared for Transport Canada entitled Pickering Airport
Site Zoning Regulations: Mitigation of Bird Hazards Arising From Particular
Land Uses: LGL Limited, February 9 2004. Staff
continues to have concerns relating to the interpretation of this document.
Existing Uses and Buildings
Are “Grandfathered”
Section
5.4(4) of the Aeronautics Act provides that the Regulations shall not apply in
respect of any use of land, building, structure and
object that exists on the day the Regulations come into force.
Airport Zoning Provisions
Apply on a Geographic Basis
Zoning
provisions are defined geographically in the Regulations in terms of “surfaces”
relating to aircraft movements or a defined “bird hazard zone”. The areas regulated
by the surfaces and zones differ, but may overlap in some instances. (See Appendix A). The area of land surrounding the Pickering
Airport Site that is subject to the Regulations is described by metes and
bounds in the Regulations. Final mapping to show the area that is subject to
the Regulations is available on the Transport Canada website and Town staff has
also requested digital files of the PASZR from Public Works Canada.
Approved Regulations Do Not
Relate to Pickering Airport Draft Plan
The PASZR are based on an out-dated plan for an airport on
the Pickering Airport Site originally proposed in the 1970’s. The size, location
and configuration of this proposal are significantly different than the airport
described by the GTAA in the draft plan released in November 2004 (see Section
2 below). In the event that a decision is made by the federal government to
construct an airport similar to that described in the GTAA plan, it would be
appropriate for the federal government to amend the PASZR to relate to the
approved plan.
Town Must Determine How to
Address the Regulations in its Approvals and Operations
The
PASZR places the onus for compliance upon affected landowners and tenants. However,
the Town must also determine how it may need to take account of the Regulations
as an approval authority for land use and buildings, and as a landowner. The possible means/process of accounting for
the Regulations in Town approvals and operations is not defined. The Town needs to determine how the
provisions of the Regulations, related guidelines and mitigation proposals may
need to be addressed in its development approval processes, and how to deal
with the Regulations as an affected landowner. Staff will report further when these
determinations have been made, in consultation with the Town Solicitor.
2. Greater
Toronto Airport Authority: Pickering Airport Draft Plan
The Pickering Airport Draft Plan (PADP)
prepared by the GTAA was released in November 2004. A series of open houses was
held to announce the plan and obtain initial public comment.
The plan describes “…a facility that would
begin primarily as a general aviation airport with the ability to be expanded
into a regional/reliever airport when required…” over a period of 20 years. In
its ultimate configuration the airport is proposed to have three runway
envelopes located east of the CPR (Havelock Subdivision) line in the southeast
portion of the site. The envelopes are located much further east than those in
the original 1970’s plan. Access to the site would be primarily from Highways
407 and 7 and from Brock
Road, in the City of Pickering. The
PADP is intended to be consistent with the draft Federal Green Space Master
Plan. The conceptual site layout for 2032 taken from the PADP is shown in Appendix
F.
Following release of the PADP in November 2004, the GTAA commenced the
preparation of a Project Description in support of a request to the Canadian
Environmental Assessment Agency (CEAA) to initiate a Federal Environmental Assessment
(FEA) for an airport on the Pickering Airport Site. It had been planned to make
the request to the CEAA in 2006, and that the FEA, once initiated, should be
completed in approximately two years. A decision by the federal government to
proceed, or not, with the construction of an airport, would follow the conclusion
of the FEA process and submission of the FEA report to the government.
3. Further
Study Announced by Minister of Transport
On September 9 2005, the
Minister of Transport announced, in regard to the “Pickering Lands” that,
“Transport Canada would
coordinate further study on the role of airports in the southern Ontario
area in accommodating future air traffic growth…and conduct a comprehensive due
diligence review of all related airport planning studies.” (Appendix C)
The Minister also confirmed that,
“Once this study and review have been
completed, my department will… recommend next steps, including whether or not
to proceed to a federal environmental assessment for a possible future
airport….”
The announcement did not include information
regarding timing, the specifics of the work contemplated, or the opportunity
for monitoring/involvement of interested parties. At the time of preparing this
report, Staff had requested further information from Transport Canada and
was advised this would be provided when available.
The announcement apparently precludes
proceeding with a FEA to consider an airport at the Pickering Airport Site
until the study/review is completed. The FEA had originally been planned to be
initiated in 2006 based on the Draft Plan prepared by the GTAA. However, the
announcement does establish that the earliest possible date for a decision by
the federal government regarding an airport on the Pickering Airport Site will
be 2009. This may mean that the announced study/ review, followed by an FEA, if
approved to proceed, could be completed by 2009. This overall timing for a federal
decision does not appear to be inconsistent with that contemplated by the GTAA.
4. Transport
Canada Request to Amend Town Official Plan
In July 2005, Transport Canada
identified changes in regard to federal guidelines dealing with the
establishment of certain land uses relative to Noise Exposure Forecasts (NEF)
associated with new airports and requested the Town to amend its Official Plan.
(Appendix D). As the request indicates, the Town was not consulted prior to the
changes, and consequently had no opportunity to comment in advance. Staff has reviewed the request and considers it premature
for the Town to consider changing the current Official Plan policies for the
following reasons:
- The use of NEF as a restriction on land use does not appear to be established
through federal legislation, but in a federal guideline. Whereas Transport
Canada has requested the Town to change its Official Plan policy, Transport
Canada has not provided any
technical study or analysis to support the introduction of the 25 NEF as
the basis for a restriction on land use adjoining a new airport;
- The use of NEF as a basis to restrict land use is established
through the Provincial Policy Statement (PPS). The new PPS was approved in
March 2005. The operative restriction on land use in the PPS is 30 NEF. Markham’s
Official Plan is consistent with the PPS;
- There can be no final confirmed NEF contours for an airport on the
Pickering Airport Site until an airport plan is approved by the federal
government that fixes the location and orientation of runways and associated
flight paths. The plan for the airport could change through an
environmental assessment, resulting in changes to draft NEF contours;
- An alternate approach to dealing with land use restrictions relating
to noise adjoining an airport is to establish an “Airport Operating Area”.
This approach is used by munici-palities
adjoining Toronto Pearson International
Airport and appears to offer a practical approach for addressing planning
matters. This approach is proposed by the GTAA, in the Pickering Airport
Draft Plan, to be pursued in consultation with the affected municipalities
after a decision to proceed with an airport is made, not beforehand;
- There is presently no new development proposed in the area of
Markham that might be subject to aircraft noise at the 25 NEF/NEP level associated
with an airport, such as that proposed by the GTAA, at Pickering (Appendix
G). Land use in much of the area is already restricted by the Provincial
Minister’s Zoning Order and the Provincial Greenbelt Plan. Another land
use restriction is not presently needed. In the event that the Town initiates
a growth management review that may involve lands affected by the draft 25
NEF contour, this can be taken account of as part of the review; and,
- The recent announcement by the Minister (discussed above)
establishes that a decision to proceed with an airport will not be made
prior to 2009. When this decision is made, and if an airport is approved to
proceed, confirmed information relating to NEF levels should also be
available. If the decision is not to proceed, no policy change will be
needed.
Based on the foregoing staff does not recommend
a change to the Official Plan at this time. In the absence of a technical rationale for
the change in the guideline, a decision by the Federal Government to proceed
with an airport at Pickering, and the lack of information regarding noise
exposure forecasts for a final approved airport plan, the Town considers an
amendment to the Official Plan to amend land use policies relative to noise
exposure forecasts to be premature. Staff will request Transport Canada to
provide the technical rationale for the proposed change in the guideline for
noise sensitive land uses.
5.
Heritage Strategy to be Developed
In March 2005 the Town advised the Minister of
Transport of certain concerns regarding the future of identified heritage
buildings located on the PAS in Markham, and requested that a strategy for cultural heritage protection be
developed. In July, the Minister acknowledged the Town’s comments and confirmed
the ongoing development of a Heritage Strategy involving Transport Canada and
affected municipalities. The introduction of the PASZR and the process relating
to the review and possible approval of a plan for the PAS should not impact the
development of the Heritage Strategy.
FINANCIAL, ENVIRONMENTAL, ACCESSIBILITY
and ENGAGE 21ST CONSIDERATIONS:
None.
BUSINESS UNITS CONSULTED AND AFFECTED: Legal
Department.
ATTACHMENTS:
Appendix ‘A’ - PASZR extracts and map
Appendix ‘B’ - Council resolution dated May 27, 2003
Appendix ‘C’ - Minister of Transport announcement dated September 9, 2005
Appendix ‘D’ -
Transport Canada letter dated July 19 2005
Appendix ‘E’ - Appendix C to “The Pickering Airport Zoning Regulations
Guidance Document TP1406E”, Transport Canada, February 20, 2003
Appendix ‘F’ - 2032 Conceptual Layout of Airport
from PADP, November 2004
Appendix ‘G’ - Draft 25 NEF for Pickering Airport from PADP,
November 2004
Q:\Development\Planning\MISC\MI182
Transport Canada\Oct 18 05 InfoReporttoDSC2.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
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