Removal of a Portion of Lower Don Special Policy Area Official Plan Amendment Final Report

Transcription

1 STAFF REPORT ACTION REQUIRED Removal of a Portion of Lower Don Special Policy Area Official Plan Amendment Final Report Date: September 20, 2012 To: From: Wards: Reference Number: Toronto and East York Community Council Director, Community Planning, Toronto and East York District Ward 28 Toronto Centre-Rosedale STE 28 OZ SUMMARY This report reviews and recommends approval of a City-initiated amendment to the former City of Toronto Official Plan and new Official Plan, subject to the completion of the Flood Protection Landform located in the West Don Lands. Map 3 of the former City of Toronto Official Plan identifies flood plain lands including the Lower Don Special Policy Area (SPA), which require flood proofing measures for new development approvals. This report addresses an area generally west of the Don River, north of Keating Channel, south of Front Street and east of York Street known as the Downtown Spill Zone, as shown in Attachment 1. When the Flood Protection Landform (FPL) is completed, the potential for flooding in the Downtown Spill Zone is eliminated and the area will no longer be within the flood plain of the Don River. This report recommends finalizing the process to amend both the former and the new Official Plans for the City of Toronto to remove the affected lands from the Lower Don SPA which includes approval of the OPA by the Province prior to its enactment by the City. Staff report for action Final Report Lower Don SPA 1

2 RECOMMENDATIONS The City Planning Division recommends that: 1. City Council approve the draft amendment to the former City of Toronto Official Plan and new Official Plan to amend the Official Plan, for the lands identified as the Downtown Spill Zone, substantially in accordance with the draft Official Plan Amendment 394 attached as Attachment No. 2 to the report (September 20, 2012) from the Director, Community Planning, Toronto and East York District. 2. Upon completion of the Flood Protection Landform (FPL) and the Toronto and Region Conservation Authority's approval, City Council direct staff to submit the Official Plan Amendment to the Province for approval, prior to the introduction of the bills. 3. City Council direct staff to make any modifications to the Official Plan Amendment that the Chief Planner may deem appropriate to address matters arising from provincial review. 4. City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment as may be required. Financial Impact The recommendations in this report have no financial impact. DECISION HISTORY In response to several site specific Official Plan and zoning amendments being sought within a portion of the Lower Don SPA ("Downtown Spill Zone") City Council adopted Official Plan Amendment (OPA) 389 on August 27, 2010 as By-law which amends the former City of Toronto Official Plan. OPA 389 enabled the removal of the Downtown Spill Zone from the SPA once the West Don Flood Protection Landform (FPL) was constructed, and included policies that reflect Section of the 2005 Provincial Policy Statement (PPS) requiring that any proposal to change land use or modify the boundary or site specific policies within an SPA be municipally initiated and approved by the Province prior to adoption by Council. OPA 389 was appealed to the OMB and is not in effect. With the West Don Flood Protection Landform nearing its completion, the City initiated the process to remove the Downtown Spill Zone from the Lower Don SPA. At its meeting of June 11, 12 and 13, 2012, City Council adopted the recommendations of the Directions Report dated May 18, The report recommended that staff commence the process with the Province and TRCA to amend the Official Plan to remove the Downtown Spill Zone from the Lower Don Special Policy Area and schedule a community consultation meeting. Staff report for action Final Report Lower Don SPA 2

3 The Directions Report can be viewed at: ISSUE BACKGROUND Proposal This City-initiated Official Plan Amendment (OPA) works towards finalizing the process to amend the 'in force' policies of the former City of Toronto Official Plan to remove the area identified as the Downtown Spill Zone from the Lower Don Special Policy Area (SPA). It is proposed that the new Official Plan also be amended to remove the lands from the Lower Don Special Policy Area shown on Map Flood Protection Landform (FPL) Flood risk to the City s downtown core will be eliminated in part of the Lower Don Special Policy Area ("Downtown Spill Zone") once the Flood Protection Landform (FPL) at the West Don Lands is fully constructed and the Toronto and Region Conservation Authority (TRCA) deems the landform to be functional and complete. The FPL is the last of several flood protection measures to be completed for the Downtown Spill Zone. The construction of the FPL was started by Ontario Realty Corporation (now merged with Infrastructure Ontario) in 2007 when they began work on the West Don Lands. The final stages of construction are now underway. The TRCA is the agency completing the "wet side" of the FPL including the armoured slope and landscaping. It is estimated that work will be substantially complete by mid-november of Downtown Spill Zone The affected area includes the west portion of the flood plain of the Lower Don River, specifically the "Downtown Spill Zone". This area is generally located north of the Inner Harbour and the Port Lands, west of the Don River, south of King Street, and east of York Street as shown in Attachment 1. The Downtown Spill Zone encompasses parts of the downtown core including the Distillery District, St. Lawrence, Corktown and Harbourfront neighbourhoods. Provincial Policy Statement Section 3.1 of the Provincial Policy Statement, 2005 provides the Province with the mandate to regulate land use planning and development within areas of natural hazard, including flood plain management. While development within flood plains is generally prohibited, the PPS permits limited development in established areas ("Special Policy Areas") under certain conditions such as the provision of ingress and egress and flood proofing of buildings. The Ministry of Natural Resources (MNR) and the Ministry of Municipal Affairs and Housing (MMAH) co-ordinate the review of applications within areas identified as Special Policy Area (SPA) (a) of the Provincial Policy Statement, 2005 (PPS) states that any changes or modifications to the site-specific policies or boundaries of a Special Policy Area (SPA) Staff report for action Final Report Lower Don SPA 3

4 must be approved by the Ministers of Municipal Affairs and Housing (MMAH) and Natural Resources (MNR) prior to the approval authority approving such changes or modifications. This requirement is being met for the proposed OPA by seeking the approval by the Province prior to enactment of the OPA. Official Plan In 2002 the new Official Plan (OP) for the City of Toronto was adopted. The Special Policy Area (SPA) policies in the new Official Plan have not been approved by the Province. As a result, the SPA policies of the former City of Toronto Official Plan remain in effect. Policy 2.68 of the former Official Plan requires, among other matters, that proposed development in the Lower Don flood plain comply with the policies of the Lower Don Special Area Policy (SPA). These policies are in force for the area identified as SPA, which includes the Downtown Spill Zone, and only permit development on the condition that the proposed development is flood proofed to the level of a 1:350 year flood (a rare severe flood similar to the flood that occurred during Hurricane Hazel in 1954). Reasons for Application The lands shown on Maps 1, 2, 3 & 5 within Appendix B of the former City of Toronto Official Plan (Downtown Spill Zone) are subject to the flood plain policies of the Provincial Policy Statement (Section 3.1 of the PPS 2005), the regulatory policies of the Toronto and Region Conservation Authority (TRCA) and the SPA policies of the former City of Toronto Official Plan, which remain in effect. Under Policy (a) of the Provincial Policy Statement, 2005 (PPS) any changes or modifications to the site specific policies or boundaries of a Special Policy Area (SPA) must be approved by both the Ministers of Municipal Affairs and Housing (MMAH) and Natural Resources (MNR) prior to the approval authority (in this case, the City of Toronto) approving such changes or modifications. Community Consultation A community consultation open house and meeting was held on Wednesday, June 27, 2012 at the Distillery District's Fermenting Cellar. Notice for the meeting was advertised in the Metro newspaper on Wednesday, June 20 th, The meeting was attended by the applicants, City Planning staff and less than ten members of the public. The residents that attended were curious to see what was being proposed and did not raise any concerns. COMMENTS These City-initiated OPA's finalize the process to remove the area identified as the Downtown Spill Zone (Attachment 1) from the Lower Don Special Policy Area (SPA) in both the former City of Toronto Official Plan and new Official Plan. Until such time as the SPA is removed, the 'in force' SPA policies constrain opportunities for development and require provincial approvals. Staff report for action Final Report Lower Don SPA 4

5 With the completion of the Flood Protection Landform (FPL) in the West Don Lands, the flood protection works to physically remove the Downtown Spill Zone hazard will be completed, and the SPA for this area will no longer be required. The TRCA anticipates that the FPL will be substantially complete in the late fall of When the FPL is in place, the risk of flooding in the Downtown Spill Zone will be eliminated and the lands will no longer be within the flood plain. The Province requires that OPA amendments to the SPA be municipally initiated. The City has initiated the process by submitting a City initiated Official Plan Amendment application, prepared a preliminary report that was adopted by City Council in June, 2012 and held a community consultation meeting on June 27, City staff then met with the Province and the TRCA on August 30, 2012 to determine the requirements to finalize the approval process. Required documentation includes digital mapping, the draft OPA and OP schedules, draft zoning by-law provisions and relevant background and information and planning studies done for the area. Once the work is complete the TRCA will provide the City with a letter indicating their approval. City Council's endorsement, the TRCA approval letter and the required documentation package will then be submitted to the Province for the Ministers' approval. Following the Minister's approval the amendment will be enacted as OPA 394. OPA 389 was passed as an interim measure, was appealed to the OMB and is not in effect. Accordingly, it is recommended that if the proposed OPA 394 to remove the Downtown Spill Zone is enacted, that OPA 389 be repealed. CONTACT Heather Inglis Baron, Planner Tel. No. (416) Fax No. (416) hinglis@toronto.ca SIGNATURE Gregg Lintern, MCIP, RPP Director, Community Planning Toronto and East York District (P:\2012\Cluster B\pln\TEYCC\ doc) - smc ATTACHMENTS Attachment 1: Downtown Spill Zone Attachment 2: Draft Official Plan Amendment Staff report for action Final Report Lower Don SPA 5

6 Attachment 1: Downtown Spill Zone Staff report for action Final Report Lower Don SPA 6

7 Attachment 2: Draft Official Plan Amendment Authority: Toronto and East York Community Council Item ~ as adopted by City of Toronto Council on ~, 20~ Enacted by Council: ~, 20~ Bill No. ~ CITY OF TORONTO BY-LAW No. ~-20~ To adopt an amendment to the Former City of Toronto Official Plan respecting the lands west of the Don River, north of Keating Channel and Lake Ontario in the year 20~ [insert previous year], as WHEREAS authority is given to Council under the Planning Act, R.S.O. 1990, c.p. 13, as amended, to pass this By-law; WHEREAS Council of the City of Toronto has provided adequate information to the public and has held at least one public meeting in accordance with the Planning Act; The Council of the City of Toronto HEREBY ENACTS as follows: 1. The attached Amendment No. 394 to the Official Plan is hereby adopted pursuant to the Planning Act, as amended. ENACTED AND PASSED this ~ day of ~, A.D. 20~. ROB FORD, Mayor ULLI S. WATKISS, City Clerk (Corporate Seal) Staff report for action Final Report Lower Don SPA 7

8 City of Toronto By-law No. ~~-20~ AMENDMENT NO. 394 TO THE OFFICIAL PLAN RESPECTING LANDS WEST OF THE DON RIVER, NORTH OF THE KEATING CHANNEL AND LAKE ONTARIO The former City of Toronto Official Plan is amended as follows: 1. Appendix B, Lower Don Special Policy Area is amended by removing the areas shown on Maps 1, 2, 3 and 5 from the Lower Don Special Policy Area as shown on the map below. 2. Amendment 389 to the former City of Toronto Official Plan is repealed. 3. The revised mapping for the Lower Don Special Policy Area will be incorporated into the New Official Plan upon the resolution of the outstanding OMB appeal to the New Official Plan's Special Policy Area policies. Staff report for action Final Report Lower Don SPA 8