The Regional Munlclpallty of Durham

Corporate Services Department • Legislative Services

605 ROSSLAND RD. E. POBOX623 WHITBY ON L 1 N 6A3 CANADA

905-668-n11 1·800-372-1102 Fax: 905-668·9963

www.durham.ca

Matthew L GaskeU Commissioner of Corporate Services

September 25, 2015

Mr. Joseph Szw!:11/ Regional Dir ~Civil Aviation - Ontario Depart of Transport 490 onge Street, 4th Floor

ronto, ON M2N 6A5

RE: PICKERING AIRPORT SITE ORDER AND SITE ZONING REGULATIONS (2015-P-47) OUR FILE: 007

Mr. Szwalek, the Planning & Economic Development Committee of Regional Council considered the above matter and at a meeting held on September 23, 2015, Council adopted the following recommendations of the Committee:

"A) That Report #2015-P-47 of the Commissioner of Planning and Economic Development be endorsed as Durham Region's submission to Transpott Canada on the Pickering Airport Site Order and Pickering Airport Site Zoning Regulations as published in the Canada Gazette on July 18, 2015 (Vol. 149, No. 29) and July 25, 2015 (Vol. 149, No. 30) including the following key comments and recommendations:

i) That Transport Canada provide and commit to a clearly defined and transparent decision making process to determine the disposition of an airport in Pickering, including a specific timeline;

ii) That Transport Canada conduct a noise study and provide up to date Noise Contour Mapping which reflects the smaller and reoriented airport site to the Region and the area municipalities;

iii) That Transport Canada engage the Province of Ontario, the Region of Durham and the affected municipalities in discussions regarding modernizing the existing Provincial Minister's zoning orders; and

iv) That Transport Canada provide digital mapping of the new proposed airport configuration and related airport zoning regulation area. This detailed information must include mapped building height restrictions, as well as other details that will allow Durham and area municipalities to further investigate the full impacts of a possible future airport; and

If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102 ext. 2009.

http:www.durham.ca

-2

8) That a copy of Report #2015-P-47 of the Commissioner of

Planning and Economic Development be forwarded to the area

municipalities.u

Please find enclosed a copy of Report #2015-P-47 of AL Georgieff, Commissioner of Planning and Economic Development, for your information.

~·~Debi A Wilcox, MPA, CMO, CMM III

Regional Clerk/Director of Legislative Services

DW/tf

c: M. deRond, Clerk, Town of Ajax T. Gettinby, CAO/Clerk, Township of Brock

A Greentree, Clerk, Municipality of Clarington

S. Krane. Clerk. City of Oshawa D. Shields, Clerk, City of Pickering C. Harris, Clerk, Township of Scugog D. Leroux, Clerk, Township of Uxbridge S. Cassel, Acting Clerk, Town of Whitby AL. Georgieff, Commissioner of Planning and Economic Development

If this infonnation is required in an accessible fonnat, please contact 1-800-372-1102 ext. 2564

The Regional Municipality of Durham Report

To: The Planning & Economic Development Committee From: Commissioner of Planning and Economic Development Report: #2015-P-47 Date: September 8, 2015

Subject:

Pickering Airport Site Order and Site Zoning Regulations, File# 007-16-03

Recommendations:

That the Planning & Economic Development Committee recommends to Regional Council that: '

A) Commissioners Report #2015-P-47 be endorsed as Durham Region's submission to Transport Canada on the Pickering Airport Site Order and Pickering Airport Site Zoning Regulations as published in the Canada Gazette on July 18, 2015 (Vol. 149, No. 29) and July 25, 2015 (Vol. 149, No. 30) including the following key comments and recommendations:

i. That Transport Canada provide and commit to a clearly defined and transparent decision making process to determine the disposition of an airport in Pickering, including a specific timeline.

ii. That Transport Canada conduct a noise study and provide up to date Noise

Contour Mapping which reflects the smaller and reoriented airport site to the

Region· and the area municipalities.

iii. That Transport Canada engage the Province of Ontario, the Region of Durham and the affected municipalities in discussions regarding modernizing the existing provincial minister's zoning orders.

iv. That Transport Canada provide digital mapping of the new proposed airport configuration and related airport zoning regulation area. This detailed information must include mapped building height restrictions, as well as other details that will allow Durham and area municipalities to further investigate the full impacts of a possible future airport.

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Page2 of5

B) A copy of Commissioners Report #2015-P-47 be forwarded to the area municipalities.

Report:

1. Purpose

1.1 On July 18, 2015 and July 25, 2015 the Federal Government published notices in

the Canada Gazette Part l which outlined Transport Canada's intent to:

• declare a smaller portion of the Pickering Lands an airport site, as defined by the Aeronautics Act; and

• propose the Pickering Airport Site Zoning Regulations, which protect the smaller and reconfigured airport site from incompatible development on the surrounding lands.

1.2 A 60 day public consultation and commenting period was initiated following the

Gazette publication. The deadline to provide written comments is September 15,

2015.

1 1.3 lhe purpose of this report is to provide an overview and a formal Regional response to the proposed Airport Site Order and related Zoning Regulations.

2. Background

2.1 In 1972, the Government of Canada acquired 7,530 hectares (18,600 acres)1 of land within the municipalities of Pickering, Markham, and Uxbridge for the purpose of developing a new airport. These federally owned lands are commonly referred to as the "Pickering Lands", given that the majority of the lands are located within the City of Pickering (see Attachment #1).

2.2 In addition, a series of provincial ministers zoning orders (MZO) were also enacted in 1972. The purpose of the MZOs is to ensure that the surrounding lands and land uses would remain compatible with a future airport and its operations. These MZOs remain in place.

2.3 In August 2001, the Pickering Lands (in their entirety) were declared under the Aeronautics Act as required for use as an airport. By 2003, the Federal Government had initiated the regulatory process to enact the related Airport Zoning Regulations. The Region provided comments which generally supported the proposed Airport Zoning Regulation in Commissioner's Report# 2003-P-65. Following public consultation, the Pickering Airport Site Zoning Regulation came into force in September 2005. The zoning regulation was deposited at the Durham and York Region Land Registry Offices and registered on title of affected properties.

1 The total amount of acquired land Is approximately 8,000 he~tares (19,800 acres} when additional

factors, such as municipal road right of ways and more up to date survey details are taken into acoount.

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Report #2015-P-47 Page 3 of 5

2.4 Over the past few years, a series of federal announcements have contributed significant portions of the Pickering Lands towards the creation of the Rouge National Urban Park. As a result, over 50% of the total Pickering Lands have been or will be transferred from Transport Canada to Parks Canada. As proposed, approximately 3,885 hectares (9,600 acres) will been retained by Transport Canada for economic development, including a potential future airport. The details of the federal announcements are outlined in Commissioners Report# 2015-P-46

3. Pickering Airport Site Order and Zoning Regulations

3.1 Airport Site Orders (Site Orders) are enacted under the authority of the Aeronautics Act. The purpose of a Site Order is to officially declare lands as required for use as an airport. The current 2001 Site Order protects for a seven runway airport, which occupies the entire 7,530 hectare (18,600 acre) site.

3.2 The newly proposed Site Order has been developed recognizing the recent federal

announcements and the reallocation of the Pickering Lands. The Site Order

provides for the protection of a smaller and reconfigured potential airport site. It will

no longer apply to the lands identified for the creation of the Rouge National Urban

Park. The Sit~ Order consists of a legal description of the affected lands and

includes a provision which would repeal the current 2001 Site Order.

3.3 Airport Site Zoning Regulations (Regulations) protect for the safe and unimpeded operation of an airport site, by imposing specific restrictions on surrounding property (e.g., limited size, scope and scale of permitted development). The boundaries of the Regulation are based on guidelines and standards developed by Transport Canada. The Regulations generally protects the approach and takeoff of the runways, the area immediately surrounding the airport site (referred to as the outer surface) and the wildlife hazard zone. The restrictions include:

• limits on the height of buildings, structures and objects (including trees and natural growth);

• protection of aircraft from potential hazards by prohibiting electronic signal interference; and

• prohibiting land use activities which attract birds that may create a hazard to aviation safety.

3.4 The proposed Regulation reflects a smaller (3 runway} and reconfigured airport site (see Attachment #2). The total land area affected by a Regulation will be reduced by approximately 20-30% as a result of the reduction of the proposed airport site (see Attachment #3).

4. Comments

4.1 The Regional Official Plan (ROP} has recognized the Pickering Lands for the potential of a future airport since 1976. That potential has also been recognized as a

21

Report #2015-P-47 Page 4 of 5

key economic driver that would influence the growth and development of the Region, as recently as the last ROP review. The proposed Site Order and related Regulations are consistent with the provisions of the ROP.

4.2 The proposed Site Order and Regulations provide for the protection of a smaller airport site. This does not constitute a decision on whether or not an airport will be constructed. Accordingly, Transport Canada and the federal government should provide and commit to a clearly defined and transparent decision making process on the disposition of an airport in Pickering, including a specific timeline.

4.3 In accordance with the Provincial Policy Statement (2014), municipalities have responsibility for planning land uses in the vicinity of airports, including protecting airports from incompatible land uses. The implementation of this responsibility is dependent upon detailed Noise Contour Mapping in proximity to the Pickering Lands. The current Noise Contour Mapping was last updated in 1986 and was based on the previous airport site and runway configuration which is no longer valid. It is our understanding that Transport Canada is in the process of updating the Noise Contour Mapping, which must be provided to the Region and the area municipalities once complete.

4 .4 Following the acquisition of the Pickering Lands in 1972, the surrounding lands have been subject to three provincial minister's zoning orders (MZOs). Given the smaller and modified airport configuration, it is timely that the MZOs be·revisited by all levels of government. As part of this process, Durham will work with the Province and the area municipalities to consider alternative land use controls. The Region requests that Transport Canada initiate a process to engage the Province, the Region and the affected municipalities in discussions regarding updating the MZOs.

4.5 As part of the regulatory consultation process. Transport Canada has provided limited mapping which illustrates the updated airport site and runway configuration. Digitized and detailed mapping, including building height restrictions. should be made available to allow Regional and area municipal staff to conduct a more detailed and accurate analysis.

5. Conclusions

5.1 The comments contained within this report present the Region's interest and comments on the proposed Pickering Airport Site Order and Zoning Regulations.

5.2 This report was prepared in consultation with Works and the Office of the CAO.

5.3 Should Committee support the recommendations of this report, in order to meet the September 15, 2015 deadline for comments, a copy will be forward to Transport Canada, prior to Council consideration on September 23, 2015, with the applicable qualifications.

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Report #2015-P-47 Page 5 of 5

6. Attachments

Attachment #1:

Attachment #2

Pickering Lands Location Map

Reduced and reconfigured potential airport site

Attachment #3: Comparison of historic airport site and zoning regulation and proposed airport site and zoning regulation

Respectfully submitted,

£#/

A. L. Georgieff, MCW, RPP Commissioner of Planning and Economic Developm~nt

Recommended for Presentation to Committee

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Attachment1 Commissioner's Report 2015-P-47

File: 007-16-03 Location of Pickering Lands

Legend

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StructureRE: .PICKERING AIRPORT SITE ORDER AND SITE ZONING REGULATIONS (2015-P-47) OUR FILE: 007 The Regional Municipality of Durham Report Subject: Pickering Airport Site Order and Site Zoning Regulations, File# 007-16-03 Recommendations: Report: 1. .Purpose 5. .Conclusions 5.2 .This report was prepared in consultation with Works and the Office of the CAO. Attachment1 Commissioner's Report 2015-P-47 File: 007-16-03 Location ofPickering Lands Attachment:3 Commissioner's Report 2015-P-47 File: 007-16-03 Differences in Airport Regulation Areas