RECOMMENDATION
THAT the staff report entitled “Supplementary
Report, Draft Rouge North Official Plan Amendment”,
dated September 23, 2003, be received;
AND THAT
the record of the Public Meeting held on February 18, 2003 with respect to the
proposed amendment to the Official Plan be received;
AND THAT
the minor revisions to the draft Rouge North Official Plan Amendment Official
be accepted and that Council determine that adequate information has been
provided to the public;
AND THAT
the revised draft Official Plan Amendment for Rouge North, attached as Appendix
‘A’, be adopted;
AND THAT
the Region of York be forwarded the Rouge North Official Plan Amendment for
approval;
AND THAT the Town of Markham endorse the ‘Rouge North Implementation
Manual’, attached as Appendix ‘C‘ to the report received by Council on July 8,
2003, such endorsement to take effect upon final approval of the Rouge North
Official Plan Amendment;
AND FURTHER
THAT the Province of Ontario, Region of York, Region of Durham, Rouge Park
Alliance, Toronto and Region Conservation Authority, Town of Richmond Hill,
Town of Whitchurch-Stouffville, Town of Pickering and City of Toronto be
provided with a copy of the report and notice of adoption of the Official Plan
Amendment.
PURPOSE OF THE REPORT
This report is a supplementary report to the July 7, 2003 report to
Development Services Committee deferred by Council on July 8, 2003. The July 7, 2003 report is available at the
Clerk’s Department in its entirety under separate cover.
On July 8, 2003, Council directed that staff further review the
draft Rouge North Official Plan Amendment in consultation with Rouge Park
Alliance staff and report back on any recommended policy revisions. This report recommends minor revisions to
the draft Official Plan Amendment arising from discussions with Rouge Park
Alliance staff. The Rouge North Implementation Manual, attached to the previous
staff report, is also being recommended for endorsement.
On July 8, Council further directed that the deputation by Jim Robb
of Friends of the Rouge Watershed be received and referred back to staff for
discussion regarding the Rouge North Official Plan Amendment process. Staff have also considered the comments
presented by Friends of the Rouge Watershed (FRW) to Development Services
Committee on July 7, 2003 and submitted to staff in written form. The issues raised by FRW are similar to
those raised by the Rouge Park Alliance and are addressed in the July 7, 2003
report and through modifications to the draft Rouge North Official Plan
Amendment. A copy of their comments is
also attached as Appendix ‘B’.
2.0 DISCUSSION
On September 2, 2003 and September 5, 2003, Town staff met with
Rouge Park staff and their solicitor and TRCA staff to discuss further
modifications to the draft Rouge North Official Plan Amendment to address
outstanding concerns. A response to the
Town of Markham June 17, 2003 draft Official Plan Amendment was prepared by the
Rouge Park staff and forms Appendix ‘B’.
In addition, Town staff have contacted, by telephone and e-mail, all
individuals who provided the Town with comments on the Rouge North Official
Plan Amendment and all individuals and organizations identified on the Clerk’s
official notification list. All those
contacted were advised that a revised draft Rouge North OPA was available at
the Town for their information and review and that the revised draft was
targeted for presentation to Development Services Committee on September 23,
2003.
A number of revisions to the draft Rouge North Official Plan Amendment
are proposed which have been discussed and agreed to by Town, Rouge Park and
Toronto Region Conservation Authority staff.
Rouge Park staff have advised that the Rouge North Official Plan
Amendment will be presented to the Rouge Park Alliance at the September 19th
Rouge Park Alliance meeting. Rouge Park
staff intend to formally advise Development Services Committee on September 23,
2003, of the outcome of the Rouge Park Alliance meeting. Attached as Appendix ‘A’ to this report is
the revised draft Rouge North Official Plan Amendment incorporating the
following modifications:
Vision, goal and objectives
[Basis, Policy 2.16]
Rouge Park staff have requested that the Markham Official Plan Amendment
reflect the wording of the vision, goal and objectives as contained in the
Rouge North Management Plan.
Town staff have agreed to include in the basis of the Town amendment the Rouge
North Management Plan vision, goal and objectives as contained in the Rouge
North Management Plan. In addition, the
Town OPA continues to identify the Town’s vision, goal and objectives in
support of Rouge North. The Town is not
proposing wording changes to the Rouge North Management Plan, through our
Official Plan. Staff continue to
support the Official Plan Amendment wording as consistent with our Official
Plan language, providing clarity and including an important additional
objective relative to the securement of Rouge Park North lands in Markham.
Rouge Park staff now concur with the recommended approach.
Approval of passive recreational infrastructure and compatible use
activities and facilities [Policy 2.16.6 f) and g)]
Rouge Park staff have requested that the Official Plan Amendment
either defer decisions relating to new passive recreational infrastructure to
the Toronto Region Conservation Authority (TRCA) or delete the recreational
infrastructure examples used in the draft Amendment (pedestrian bridge
crossings, shade structures, parking areas and pathways). The rationale provided is to ensure that
only appropriate recreational uses are permitted in Rouge Park North. Staff have included within the policy, a
statement that identifies that recreational uses are to be appropriately
integrated with the Rouge River tributaries.
The list of examples reflect recreational structures currently located
on Rouge Park lands including Toogood Pond, Tannery Pond and Milne Conservation
Area and are appropriate facilities to support passive recreational uses. Staff support the inclusion of this list as
providing appropriate direction on compatible recreational infrastructure and
supporting the recreational, interpretive and management objectives of Rouge
Park North. There is no conflict with
the Town’s recommended approach. The
same principles apply to the comments made by Rouge Park staff related to the
management of public parkland. Rouge
Park staff have requested that the policy addressing the management of parkland
exclude lands within the Rouge Park North as subject to the Town’s parkland
standards, policies of the draft Rouge North Official Plan Amendment and having
regard for the Rouge Park objectives and Urban Interface Guidelines. The intent of the policy is to ensure proper
integration of new parkland where it is located and integrated with Rouge Park
North lands.
The Town will continue to lead the review and approval process of
any land use considerations and applications for appropriate structures and
facilities in the Rouge Park and consult with the appropriate agencies,
interest groups and Rouge Park Alliance through our mandated planning
processes. The policies have generally
remained unchanged and the Rouge Park staff concur with the recommended
approach.
Municipal
Infrastructure [Policy 2.16.6 h)]
Rouge Park staff have requested that the Town include wording to
discourage transportation and other infrastructure facilities in the Rouge Park
and cite their previous Rouge Park Alliance resolution in support of their
position. Markham Council responded to
the Rouge Park Infrastructure resolution on April 1, 2003. The wording in the Official Plan is
consistent with the April 1, 2003 Council resolution and the Rouge North
Management Plan.
Town staff have offered alternative wording which adds the words
“but shall be minimized where possible” as a policy direction for new municipal
infrastructure and added a statement that directs that infrastructure be
planned in a manner which provides opportunities for enhanced environmental
benefits.
Rouge Park staff have agreed to the wording changes.
Urban Interface and
Infrastructure Guidelines [Policy 2.16.6l)]
Rouge Park staff have requested that the Urban Interface and
Infrastructure Guidelines apply to the urban area. Notwithstanding that the intent of the policy is to respond to
new growth and development at a Secondary Plan level, we have no objection to
having regard for the urban area where feasible, particularly since the
guidelines are consistent with the Town’s Urban Design Guidelines. We have revised the draft policy
accordingly.
Rouge Park staff concur with the Town’s recommended modification.
Monitoring [Policy 2.16.6m)]
Rouge Park staff have requested that the Rouge North Official Plan
Amendment include a policy to support ecological monitoring. Staff have identified in the report the lead
responsibility for ecological monitoring rests with the TRCA, as identified in
the Rouge North Management Plan (2001).
We have no objection to supporting an ecological monitoring program
managed by the TRCA and have clarified that Council will work cooperatively
with the Rouge Park partners to review opportunities to improve Rouge North
implementation measures, if the monitoring demonstrates that the Rouge Park
North goal and objectives are not being met.
Rouge Park staff concur with the Town’s recommended approach.
Prohibit Urban
Expansion until completion of a Watershed Strategy [Policy
2.16.6 n)]
Rouge Park staff have requested that the Town include a policy to
prohibit urban expansion until a defined date, subject to completion of a
Watershed Strategy. The rationale
behind the request is to ensure that if urban expansion were to occur in
advance of the Watershed Strategy that technical requirements related to source
protection plans and water budgets would be considered. We have modified the policy to reflect the
intent that any urban expansion must be justified and include consultation with
TRCA on the technical requirements arising from the Rouge Watershed Strategy
process. The policy recognizes current
Official Plan Amendments which have been adopted by Council and the urban
expansion considerations brought forward through the Eastern Markham Strategic
Review exercise.
Rouge Park staff and TRCA now concur with the suggested wording.
Permit only planning
and land use decisions that comply with the Rouge North Management Plan [New Policy 2.16.6 d)]
The Rouge Park Alliance and Save the Rouge Valley System (SRVS) have
requested that Council consider including a policy in the Official Plan
Amendment identifying that land use changes and planning and infrastructure
decisions shall only be permitted if they conform to the Rouge North Management
Plan. This issue was discussed in
length in the July 7, 2003 report to Development Services Committee which
concluded that there is no municipal authority to permit a non-statutory
document to take precedence over an Official Plan, approved under the authority
of the Planning Act. Markham Council
has endorsed the Rouge North Management Plan as a guideline document. This endorsement identified the Town’s intent
to move forward to implement the Rouge North Management Plan by amendment to
the Markham Official Plan
As an alternative, it is recommended that a policy be included in
the Rouge North Official Plan Amendment identifying that the Town of Markham
“have regard for” the Rouge North Management Plan. The wording “have regard for” requires that the Town consider the
policy direction in the document in the context of planning applications, but
provides the flexibility needed by the Town to address the different policy
approaches adopted by the Town as more up to date information is now available
to the Town than that contained in the RNMP (Oak Ridges Moraine mapping,
ecological criteria), and retains the clear authority of the Town’s Official
Plan. Rouge Park Alliance staff now
have no objection to this approach, and staff have incorporated the wording
into this revised draft Rouge North Official Plan Amendment.
Application of the
Ecological Criteria within the Urban Area [Policy
2.16.7 f)]
The Rouge Park Alliance Staff have continued to
request that the ecological criteria be applied to the existing urban area
notwithstanding prior Official Plan, Secondary Plan, zoning and related
development approvals. This issue and
the recommendations of Town staff are discussed in detail in the July 7, 2003
report to Development Services Committee and relate to legal, financial,
planning process and time requirement impacts.
The original draft OPA proposed
an Official Plan policy to implement the intent of the recommendations of the
Rouge North Management Plan, as approved by the Rouge Park Alliance. We continue to support our original
recommendation of an enhancement policy within the existing urban area, but are
not recommending that the ecological criteria process be used within the urban
area where statutory approvals and Council decisions regarding valley setbacks
have been duly approved.
Staff have negotiated wording changes to the existing policy which
clarify its intent. The words
“encourage discussions” have been changed to “undertake discussions” and the
words “The Town shall review opportunities to” have been changed to “The Town
shall pursue opportunities”.
Rouge Park staff are in agreement with the recommended changes.
Little Rouge Creek Policy
Area [Section 2.16.9)]
The draft Rouge North Official Plan presented to Council on July 8,
2003 recommended the Town defer the 600 m Little Rouge corridor policy until
sufficient funding, legislation and support could be provided to secure the
lands in public ownership. Rouge Park
staff have requested that the Town remove the deferral and de-emphasize public
securement as the overriding objective.
We have no objection to this approach and have recast the Little Rouge
Creek policies to reflect short and long-term strategies for protection in
public and private ownership, as well as the boundary delineation process for
the 600 m. corridor.
Rouge Park staff are in concurrence with the revised approach along
the Little Rouge Creek and the modifications to the proposed polices. With the revisions to the policies, it is no
longer necessary to recommend deferral.
Special
Management Sites [Section 2.16.11]
Rouge Park staff have requested further clarification regarding the
focus of the Special Management Sites policies which deal with the potential
for more intensive uses within Rouge Park North, as well as environmental
considerations. Revisions are proposed which would clarify both the objective
for more intensive uses in areas such as Markham Centre and forest restoration
objectives along the Little Rouge corridor.
Rouge Park staff are in concurrence with the Town’s recommended
approach.
Land Securement Strategy [Section
2.16.11)]
Rouge Park staff have requested that this policy be revised to
include alternative mechanisms for land securement. Staff have proposed some modifications to the policies resulting
from the revisions to the Little Rouge Creek Policy Area policies which have
been accepted by the Rouge Park staff.
FINANCIAL CONSIDERATIONS
The financial implications as related to the Rouge North Official
Plan Amendment and its long-term implementation have been addressed in the June
17, 2003 report to Development Services Committee. Implementation of the Rouge Park will be a long term program
requiring the cooperation of landowners and all Rouge North partners.
ENVIRONMENTAL CONSIDERATIONS
The Rouge North Official Plan Amendment provides a
new and higher standard of environmental protection along the Rouge River and
its tributaries. The focus of the
Rouge North Official Plan Amendment is to introduce a policy strategy to
delineate the Rouge Park North boundary along the Rouge River tributaries,
using ecological criteria, and to provide policies for the protection of Rouge
River valleylands in private and public ownership. It is intended, that over time, the Rouge North policies will
increase the amount of publicly–owned land along the Rouge River and its
tributaries which will be protected and enhanced in accordance with the vision,
goal and objectives for the Rouge Park.
The implementation of the policies will have a positive environmental
impact on the Town of Markham.
ENGAGE
21st CONSIDERATIONS
The draft Rouge Park Official Plan Amendment is
aligned with the Environmental Focus goal of the Town’s Engage 21st
Markham Strategic Plan.
BUSINESS
UNITS CONSULTED AND AFFECTED
This report and revised draft
Rouge North Official Plan Amendment has been reviewed by the Legal Services
Department.
CONCLUSION
The proposed Rouge North
Official Plan Amendment is the product of a long and extensive program of
public consultation and stakeholder input.
The latest revisions arising from Council’s direction at the July 8,
2003 meeting, have been negotiated between the Town, TRCA and Rouge Park Alliance
staff. The modifications are considered minor and in keeping with the spirit
and intent of the Rouge North Management Plan and the Town’s Official
Plan. The draft document has been made
available to all persons requesting notification, as well as other stakeholders
identified through the consultation process.
We recommend that the modifications be accepted and that Council proceed
with adoption of the draft Rouge North Official Plan Amendment.
ATTACHMENTS
Appendix ‘A’ - Draft
Rouge North Official Plan Amendment (September 9, 2003)
Appendix ‘B’ - Rouge Park staff comments dated July
7, 2003 and Friends of the Rouge Watershed comments dated July 7, 2003
File Path: Q:\Development\Planning\MISC\MI462 RNMP OPA\Reports\report to
DSC September 23, 2003.doc
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R.P.P.
Director of Planning and Urban Design
|
|
Jim Baird, M.C.I.P., R.P.P.
Commissioner of Development Services
|
