RECOMMENDATION:
THAT
the staff report entitled “Post Circulation Response
- Oak Ridges Moraine Official Plan Amendment”, dated June 28, 2004, be
received.
AND THAT
staff continue to work with the Ministry of Municipal Affairs and Housing to
finalize the Draft Decision to Official Plan Amendment No. 117 for approval by
the Minister of Municipal Affairs and Housing.
AND THAT
Council endorse the recommended modifications as identified in Appendix ‘C’ and
that any further minor wording changes be subject to the approval of the
Commissioner of Development Services.
AND FURTHER
THAT the Ministry of Municipal Affairs and Housing be asked to finalize
approval of the Oak Ridges Moraine Zoning By-law.
PURPOSE
The purpose of this report is to provide Committee with an update on
the post circulation response at the request of the Ministry of Municipal
Affairs and Housing on Official Plan Amendment No. 117 (Oak Ridges Moraine) and
to seek endorsement for the recommended modifications.
BACKGROUND
On October 21, 2004, the Town of Markham adopted
Official Plan Amendment No. 117 (Oak Ridges Moraine) and passed implementing
By-law 2003-311. On May 4, 2004, the Town received the post circulation response from the Ministry
of Municipal Affairs and Housing on the Official Plan Amendment in the
form of a Draft Decision.
DISCUSSION
Minor and technical modifications to OPA No. 117 identified by Town
staff and MMAH
The Draft Decision incorporates a number of minor/technical
modifications identified to Provincial staff in a letter dated April 19, 2004
from the Director of Planning and Urban Design (Appendix ‘A’). In addition to the minor/technical
modifications proposed by staff, Ministry staff have
also identified a number of minor changes to the Official Plan Amendment.
No substantive issues have been identified. The modifications generally address
grammatical errors and omissions, improved wording changes and inclusion or
deletion to specific references. A few
of the modifications proposed by the Ministry of Municipal Affairs are
considered to be redundant or repetitious, not necessary or in conflict with
existing provisions of the Secondary Plan of Official Plan. These modifications are addressed in Appendix
‘C’. Staff will continue to work with
Ministry staff to finalize the modifications and prepare the document for final
approval.
Zoning By-law has not yet been approved
The comments received to date by the Ministry of Municipal Affairs
and Housing relate only to the Official Plan Amendment. We are advised that the Ministry has not yet
begun review of the implementing Zoning By-laws and that this review will
commence once all the Official Plans have been approved. The Zoning By-law requires approval by the
Ministry of Municipal Affairs and Housing under the Oak Ridges Moraine Conservation Act, 2001 and therefore is not
operative until such approval is provided.
The Town was required to adopt the Official Plan and Zoning By-law
amendments within an 18 month time line and met the deadline.
FINANCIAL CONSIDERATIONS
There
are no financial considerations.
ENVIRONMENTAL
CONSIDERATIONS
The Oak Ridges Moraine Official Plan
Amendment implements the Oak Ridges Moraine Conservation Plan which is
considered to be very significant environmental legislation. The Oak Ridges Moraine Secondary Plan
policies and zoning implement the provincial initiative, and support the Town’s
emerging priorities for protection of the Town’s environmentally sensitive
lands and represents a further step by the Town to secure a comprehensive
approach to environmental policy.
BUSINESS UNITS CONSULTED AND AFFECTED
Staff in the Development Services Commission are coordinating the final review.
The Legal Department will be consulted where necessary.
CONCLUSION
The
modifications proposed by staff and the Ministry of Municipal Affairs and
Housing are generally minor and/or technical in nature and do not impact the
integrity or approach of the Official Plan and Secondary Plan policies. The Ministry is targeting the Town’s
Official Plan Amendment in the first group of Ministerial approvals.
ATTACHMENTS
Appendix
‘A’: Town of Markham letter to MMAH dated April 19, 2004
Appendix
‘B’: MMAH Draft Decision
Appendix ‘C’: Town of Markham letter to MMAH dated June 7, 2004
File Path: Q:\Development\Planning\MISC\MI204
Oak Ridges Morraine\Reports
and Documents\report to DSC June 28, 2004.doc
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Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning & Urban Design
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Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
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