TABLE OF CONTENTS. Introductory Discussion Paper 1 INTRODUCTION 1 2 THE WHITBY OFFICIAL PLAN 1 3 OTHER GOVERNMENT POLICY INITIATIVES 12

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1 Environment Community Heritage Growth Management Employment Housing Revitalization Transportation Arts & Culture Recreation Downtowns Safety Intensification Education Neighbourhoods Development Sustainability Industry Official Plan Review June 2007

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3 Introductory Discussion Paper i TABLE OF CONTENTS 1 INTRODUCTION 1 2 THE WHITBY OFFICIAL PLAN Purpose of the 1995 Official Plan Modifications to the Council Adopted Official Plan Official Plan Time Horizon and Basic Growth Management Framework Remaining Areas of Deferral Deferral No. 6 - West Whitby Deferral No. 8 Bonusing Policies Deferral No. 12 Former Waste Disposal Sites Analysis of Official Plan Amendments 10 3 OTHER GOVERNMENT POLICY INITIATIVES Provincial Initiatives Provincial Policy Statement Greenbelt Plan Places to Grow - A Growth Plan for the Greater Golden Horseshoe Area Bill Provincially Significant Wetlands Ontario Heritage Act The Ontarians with Disabilities Act (ODA) and Accessibility for Ontarians with Disabilities Act (AODA) Highway 407 East Environmental Assessment Study Durham Region Initiatives Central Lake Ontario Conservation Initiatives 21 4 TOWN OF WHITBY INITIATIVES 22 5 OTHER POLICIES REQUIRING FURTHER REVIEW Growth Management Official Plan Planning Horizon and Population Forecast Intensification Policies Future Urban Land Needs Residential Land Needs Industrial Land Needs Employment Activity Rate Conversion of Industrial Lands 26

4 Introductory Discussion Paper ii Retail Commercial Needs Sustainable Community Planning and Design Natural Heritage System Alternative Renewable Energy Sources LEED (Leadership in Energy and Environmental Design) Green Roofs Crime Prevention through Environmental Design (CPTED) Accessibility Land Use Commercial Uses in the Industrial Areas Mixed Use Areas in Major Central Areas Limited Service Commercial and Offices in Residential Areas School Designations Cemetery Policies Minimum Distance Separation Formulae (formerly Agricultural Code of Practice) Special Activity Node A Brownfields & Community Improvement Plans Housekeeping / Technical Amendments 35 APPENDIX I SUMMARY OF WHITBY OFFICIAL PLAN APPENDIX II SUMMARY OF OFFICIAL PLAN AMENDMENTS APPENDIX III SUMMARY OF SELECTED STATISTICAL TRENDS IN WHITBY SINCE 1991

5 Introductory Discussion Paper 1 1 INTRODUCTION This Discussion Paper introduces the topic of Official Plan review and its need in the Whitby context. In addition to the Official Plan Review requirements of Section 26 of the Planning Act as recently amended by Bill 51, Section of the Official Plan states that Council shall hold a special public meeting at least once every five years for the purpose of determining the need for a general review of the Official Plan of any specific revisions. In determining need, municipal councils are now required to be consistent with provincial policy statements as a result of the 2005 Provincial Policy Statement (PPS). Whitby s current Official Plan is approximately 12 years old, having replaced the Town s first Official Plan, which was approved in Planning staff has assessed the need to comprehensively review and update the Official Plan. There are several reasons why a major review and update study is warranted, and particularly timely. This report describes legislative changes and current initiatives being undertaken by various levels of government that will necessitate amendments to Whitby s Official Plan, and other issues that require further examination and assessment as part of a review program. For reference, attached is an overview of the content of the Official Plan (see Appendix I), summary of Official Plan Amendments to the current Official Plan since 1995 (see Appendix II), and a snapshot of change since the preparation of the Official Plan with reference to various performance indicators (see Appendix III). 2 THE WHITBY OFFICIAL PLAN 2.1 Purpose of the 1995 Official Plan A municipal Official Plan is a key policy document comprising general principles intended to guide and control future land use development, while safeguarding significant environmental attributes. It consists of maps

6 Introductory Discussion Paper 2 designating locations of various land uses, future roads and services, and a text outlining broad development goals, objectives and policies. Clear direction is given to where, and under what conditions, land use activities can and cannot occur in the Municipality over a projected period of time. Whitby s Official Plan is considered a 20 year Plan with a planning horizon of The Official Plan provides more detail than the current Durham Regional Official Plan which has a 30 year planning horizon to However, the Region s Plan provides general policy directions to which local official plans must conform. All types of development applications under the purview of the Planning Act, zoning by-laws and zoning applications, as well as public works projects, must conform to the policies of the Official Plan. There are several purposes of the Whitby Official Plan as stated in Section 1.1 of the Plan: to provide policies to ensure the quality of life and to secure the health, safety, convenience and welfare for the present and future inhabitants of the Municipality; to set out the future form of the Municipality, establishing the general land use and transportation pattern, and to articulate a policy framework by which this form can be achieved and under which it can best function in a regional government setting; to respond to existing and future Regional and Provincial policies, statements and guidelines which affect the Municipality and appropriately incorporate them in the Official Plan; to provide sufficient residential land to satisfy housing needs in terms of housing type, tenure, density and cost, taking into account household size and income of new households; to provide policies which ensure the provision of affordable housing in Whitby; to provide policies to ensure an efficient development approvals process and other administrative requirements; and, to provide policies and directives for the overall management of growth, maintenance of the existing community and sustaining the environment.

7 Introductory Discussion Paper Modifications to the Council Adopted Official Plan The current Official Plan followed the comprehensive review and preparation of the Durham Regional Official Plan which itself was approved by the Province in Subsequently, the Whitby Official Plan was adopted by Council in September 1994, and approved by Durham Region in December, 1995 with modifications, deferrals for further consideration, and referrals to the Ontario Municipal Board (OMB). In fact, the lengthy Regional approval process served as a mini-review, as the Official Plan underwent 156 modifications as a result of circulated agency comments and Regional staff review of the document. Upon the Plan s approval there were also13 deferrals pending further review, and 5 Ontario Municipal Board referrals of policies. All referrals have since been dealt with, including major hearings concerning the growth management policies of Brooklin, and the Thickson/401 Special Activity Node. Three deferral areas remain in the Official Plan and are further described in Section 2.4. An Official Plan is not expected to be a static document. Changes, or amendments, can be either internally initiated by Planning Staff and Council, or more typically by private application. Since its approval in 1995 to March 31, 2007, the Official Plan has been amended on 68 occasions, of which 55 or about 81% have resulted from a private application. Therefore, 13 amendments were staff initiated. These are considered to be an effort to maintain the Plan s relevancy, or are a direct result of implementing special studies (e.g. detailed secondary plans), or address other legislated directives. Examples of staff initiated amendments include Council adopted Secondary Plans for the Brock/Taunton Major Central Area, Thickson/Taunton Community Central Area, Taunton North Community, and the Oak Ridges Moraine conformity as mandated by the Oak Ridges Moraine Conservation Act. A summary of approved Official Plan Amendments is shown in Appendix II.

8 Introductory Discussion Paper Official Plan Time Horizon and Basic Growth Management Framework When approved in 1993, the Regional Official Plan (ROP) restricted local plans to 15 to 20 year planning horizons, while the ROP itself was considered a 30 year Plan (to the year 2021). The previous 1974 Whitby Official Plan provided an urban structure to accommodate a future urban population of just over 127,000 (including the small urban expansion comprising the Lynde Shores community added by amendment in 1989). As such, it was considered a structure plan with no stated planning horizon. In contrast, as mentioned the current Official Plan has a 20 year time frame, serving as a basis for managing change up to a specified 2011 planning horizon, with an associated future urban structure and a stated population target of 125,000. This Town-wide population target is further distributed with 100,000 in urban Whitby south of Taunton Road, 12,000 in the two urban expansion areas of Taunton North and West Whitby combined, 10,000 in the Brooklin community and 3,000 rural residents. In comparison to the Town s 2011 population target, Whitby s current overall population is now estimated to be over 116,000 (December, 2006), with robust growth exhibited in the last few years. The general sequence of staging and distribution of development as envisaged by the Official Plan to 2011 is described in Section and stated as follows: Residential Community Areas 1 to 7 south of Taunton Road as outlined on Schedule B are substantially developed and will continue to be developed to their mature state over the period of the Official Plan and beyond; the maintenance of maximum development opportunities and servicing capacity for all existing and future commercial and industrial areas within the 20 Year Urban Boundary; commencement of the development area north of Taunton Road is expected to occur in the initial 10 years of the Plan, given the immediate availability

9 Introductory Discussion Paper 5 of full municipal services; commencement of the development of Future Urban Development Area (FUDA) #1 in West Whitby south of Rossland Road is dependent upon the extension of full municipal services and the determination of the approved alignment of the Highway 401/407 freeway link; with extension of full services, the Urban Area of the Brooklin Community is anticipated to be generally developed over the period of the Plan. At such time that development has occurred to this extent, consideration may be given to the initial development of FUDA #2 located east and west of the designated residential community (as noted below, FUDA #2 is now included within the Brooklin Community s Residential designation and no longer exists ). The following compares the above staging policies to actual growth. Currently, Brooklin s Urban Area is rapidly building out. With a current estimated population of over 15,320 (June, 2006), this community has already surpassed its 2011 population target of 10,000 indicated in the O.P. s Appendix. This is primarily the result of a 1997 decision of the Ontario Municipal Board to include Future Urban Development Area (FUDA #1) within the 20 Year urban boundary as Residentially designated lands for the immediate consideration of subdivision applications. This provided more development ready residential land in the marketplace sooner than would have been the case under the FUDA #1 staging policy. Since communal piped services were extended to Brooklin over 12 years ago, Brooklin has captured 28% of the Town s total residential building starts. Over the last 12 years, the greenfield areas south of Taunton Road have almost built out, with only a handful of vacant residentially designated lands remaining. Development is also rapidly occurring in the Taunton North Community, an expansion area that was added to Whitby s urban boundary with the approval of the 1993 Durham Regional Official Plan. Its existing population is approximately 5,500 compared to a population capacity now estimated to be about 8,700 persons. There has

10 Introductory Discussion Paper 6 been some loss of potential population originally envisaged for this area due to Official Plan amendments such as the commercial Minthollow application. Approval of the West Whitby Future Urban Development Area #3 is still deferred, encumbered by the uncertainty arising from a lack of a decision on the Highway 401/407 freeway link. However, the Ministry of Transportation has initiated a new Environmental Assessment Study (Highway 407 East EA) with a targeted completion date of This study will identify a technically preferred route for the 407 mainline extension to Highway 115, and the west and east Durham freeway links. The Official Plan s 2011 urban population targets are in the context of the 30 year Durham Regional Official Plan (to 2021). This is also acknowledged in the Whitby Official Plan s Appendix, which indicates the ROP s longer planning horizon to 2021 and a stated Whitby 2021 urban population target of 160,000, plus an additional 3,000 rural Whitby residents. The 2021 Regional population capacity assignment for the south urban Whitby area, including the West Whitby and Taunton North expansion areas, was 135,000. Brooklin s Regional 2021 population assignment was 25,000. The areas outside Whitby s 20 year (2011) interim urban boundary but within the Region s 2031 urban boundary, are shown in the Official Plan as Future Urban Development Areas (residential or industrial). The Official Plan did not foresee these lands to be required for development prior to As noted, Brooklin s Future Urban Development Area (FUDA) for residential purposes no longer exists, having been included in the 2011 urban boundary in 1997 by the Ontario Municipal Board. Three FUDA s remain: West Whitby over to Halls Road south of Taunton Road; the large Employment Area north of Conlin Road; and, a small area at the northwest corner of Highway 7 and Baldwin Street planned to accommodate the future commercial development needs of an expanded Brooklin population beyond 13,000. Subsequent to the approval of the Whitby Official Plan,

11 Introductory Discussion Paper 7 the Region s Plan was amended in 1997 to allow local municipal plans to have coincident 30 year planning horizons. The Region has been reviewing its current Official Plan over the last 7 years and will be extending its planning time frame to 2031, pending completion of the conformity exercise to the Provincial Growth Plan for the Greater Golden Horseshoe Area. The Whitby Official Plan Review should therefore include the same planning horizon and urban boundaries as found in an updated ROP. In staff s opinion, the duality of planning horizons found in the two Official Plans has been a source of confusion for both the general public and development sector. A synopsis of the current policy structure of the Official Plan is found in Appendix I. 2.4 Remaining Areas of Deferral Of the 13 areas of deferrals in place when the Official Plan was approved by the Region of Durham, three remain as described below Deferral No. 6 - West Whitby Deferral No. 6. comprises all the Plan s policies and schedules directly impacted by the Highway 401/407 freeway link previously proposed by the Ministry of Transportation in 1992, and located midway between Halls and Coronation Roads. Formerly known as route alternative DMZ, it was not supported by Council. Deferral No. 6 included Sections and , the previously identified technically preferred link location, the proposed West Whitby urban boundary, related arterial roads including the conceptual realignment of Coronation Road extended, and land use designations including all of FUDA # 1 in west Whitby. This deferral coincides with Deferral No. 3 in the ROP and stays in effect until the Provincial EA study process is completed. Although the Coronation Road alignment was conceptual, MTO and the Region were still concerned that it not in any way jeopardize the outcome of the environmental assessment process. From a Town perspective, the major concern with

12 Introductory Discussion Paper 8 Deferral No. 6 is that it represents a fundamental impediment to the servicing and development of the future West Whitby community, 12 years after the approval of the Whitby Official Plan. Its uncertainty has had a significant impact on Whitby s orderly provision of overall future urban land needs, and the timing of the planning and servicing of a key urban expansion area in the Municipality. Most of this deferred area was actually contained within the Employment and Living Area designations of the ROP that was adopted by Regional Council in At that time, the urban area boundary for the Town south of Taunton Road was extended westerly and established at Halls Road. This added approximately 325 gross hectares of required residential and employment lands to the urban envelope. At that time, all of these urban expansion lands were seen to be necessary and justified to accommodate Whitby s 2021 urban population target of 160,000 contained in the ROP. The deferral of the freeway link itself and also all urban designated land north of Highway 401 between the link easterly to the previous 1976 ROP urban boundary, is estimated to freeze about 212 hectares of Living Area (residential) north of Highway 2 and abut 40 hectares of Employment Area north of Highway 401. In addition, a further 105 hectares of Living Area and 26 hectares of Employment Area north of Highway 401 were changed in the approved ROP to Major Open Space west of, and under, the proposed freeway link location. Accordingly, although the Living Area of west Whitby had effectively been reduced by about 105 hectares, Whitby s urban population target of 160,000 in the ROP was not changed. This created an immediate, and continuing shortfall of required long term urban land right from the time the ROP was approved in As new planning horizons move to 2031 and new population forecasts established through the Growth Plan conformity exercise and current ROP review, there is even more pressure to look to urban expansion in West Whitby north of Highway 401 to assist in addressing long term land need. With the commencement of the ROP review in 2000, Council by resolution in July, 2000, requested the Region to re-examine the excessive size of the deferred area in

13 Introductory Discussion Paper 9 west Whitby with a view to its reduction. It was suggested that as a minimum, lands east of Coronation Road between Rossland and Taunton Roads be deleted from the Deferral and placed in the Living Area designation in the ROP. This easterly area would not be subject of a potential freeway route alternative. To date, the Region has not responded to this request Deferral No. 8 Bonusing Policies This deferral relates to Section which is the Town s bonusing policies for certain types of development as provided for under the Planning Act. Bonus by-laws are designed to allow an increase in height or density in exchange for something the municipality wants and the developer of a property can provide. Such by-laws must first have guiding official plan policies setting out how this type of control will be used. At the time of approval, the Ministry of Municipal Affairs and Housing requested that this policy be deferred pending further discussion. It was indicated that there should be a more specific description of the relationship between the type and/or extent of public benefit, and the type or extent of bonus granted by the Municipality in return. It was noted the intent of this provision in the Planning Act is to provide broad parameters for the public, development industry and Council to use in contemplating bonus provisions. Section should be re-evaluated with the hindsight of comparing approved policies contained in other area municipal official plans particularly in Durham Deferral No. 12 Former Waste Disposal Sites This deferral concerns the former waste disposal sites generally depicted on Schedule C - Environmental Management. At the time of the Plan s approval, the Ministry of Environment and Energy requested that two possible sites, generally located in the Port Whitby area, be identified as Former Waste Disposal Sites on Schedule C. The Region or the Town has been unable to confirm whether waste disposal was indeed carried out on the sites and thus the deferral remains. Further

14 Introductory Discussion Paper 10 discussion with the Ministry is required to resolve the matter. However, it is noted that as part of the contemporary review process for redevelopment applications, an Environmental Site Assessment is carried out to determine whether a site is contaminated and determines the need for any remediation. 2.5 Analysis of Official Plan Amendments As previously mentioned, 68 Official Plan amendments (OPA s) were approved over the life of the Official Plan to March 31, As of that date, OPA 72 (Trinity) had been approved by the Region of Durham with pending appeal period, and Minthollow s Regional Official Plan Amendment had obtained Regional approval. During this period, the approval authority was primarily the Region of Durham. However, in February 2000, in an effort to streamline the approvals process, the Region was granted the authority to exempt local OPA s from Regional approval, if considered of a minor nature. This would allow Council s adoption to function as a final approval, assuming no appeals to the OMB. Since then, an increasing number of local OPA s have been exempted from Regional approval. Of the 13 staff initiated OPA s, 7 were approved by the Region, 5 were exempt and approved by Council, and the Oak Ridges Moraine Amendment was given a rare Provincial approval as required by legislation. The 55 remaining amendments, or 81% of the total, were initiated by private application. Of these, 30 were approved by the Region of Durham, and 25 were deemed Regionally exempt and approved by Council. Four amendments to the Official Plan were approved by the Ontario Municipal Board, and one Town initiated OPA application was considered and denied by the OMB. Finally, one private initiated OPA application was denied by Council. A review of the 55 privately initiated amendments indicates that the two most common reasons for the applications concerned requests for property specific changes to the Official Plan s residential density policies and commercial policies; half and an additional one-third

15 Introductory Discussion Paper 11 of the total applications respectively. Interestingly, these were also the primary reasons for amending the previous 1974 Official Plan, and in about the same proportions. In response to the short term residential market demands, over the last twelve and a half years, there were 17 private OPA s approved which removed, or reduced, the Plan s inventory of higher residential density opportunities on a property specific basis. Such residential de-intensification included: 4 amendments down-designating permissible density from high to low density; 6 approvals from high to medium density; 3 from medium to low density; and 4 amendments from medium density residential to commercial. In contrast, there were a lesser number of amendments which redesignated non - residential to residential lands, or that increased permissible residential densities: 1 amendment from low to medium density; 2 amendments which increased the upper range of high density on two properties; and, 9 amendments from non-residential to residential. In particular, the cumulative loss in the Official Plan of High Density Residential opportunities through site specific applications is substantial. In total, it is estimated that over the past twelve and a half years, hectares (47.8 acres) of High Density lands were downdesignated or re-designated to non-residential, representing an estimated loss of between 1,442 and 2,087 potential high density units. In addition to this reduction, a 10 hectare Special Development Area located in the Rossland/Garden Major Central Area north of Kenneth Hobbs Avenue which had provided for major institutional and office uses and up to over 1000 high density apartment uses, was eliminated by amendment. As part of an OMB settlement, the potential high density component was reduced to a 1 hectare high density zoned site at the corner of Garden Street and Kenneth Hobbs Avenue, representing a potential loss of up to 900+ high density units. In previous reports, Planning staff has raised concerns about this de-intensification trend, noting prevailing market conditions which can fluctuate over time, should not be the sole determinant of city building. The erosion

16 Introductory Discussion Paper 12 of the Town s long term needs for potentially more affordable housing opportunities, a diminishing range of housing choice for a variety of incomes and lifestyles, particularly with an aging population, and loss of transit supportive densities which contribute to the vitality of planned Central Areas are all interrelated issues that continue to be of concern. Moreover, as will be described later in this paper, with the current Provincial directives through the new PPS and Growth Plan, more emphasis has been placed on intensification as a means of accommodating population growth and development as an alternative to the outward expansion of urban boundaries. This points to the importance of the Municipality maintaining its higher density residential opportunities now found in the Official Plan. The Town also will be compelled to examine new areas of intensification opportunities in its major nodes and corridors; for example, within Major Central Areas, around the Whitby GO station, in the Dundas Street corridor particularly east of the CPR overpass, and although limited, along other major arterial roads. Provincial requirements suggest that the Town, as with all Golden Horseshoe Area municipalities, will have to accept both more intensive ground oriented multi-unit housing solutions and taller buildings to be consistent with Provincial objectives, and as a prerequisite to future urban boundary expansions. The Town s secondary plans and residential density provisions should also be reviewed to determine potential increased density opportunities and areas where such opportunities are inappropriate. 3 OTHER GOVERNMENT POLICY INITIATIVES The following identifies various initiatives and emerging issues arising from Provincial and Regional policy directives which must be addressed in Whitby s Official Plan Review, particularly where existing policy is outdated, silent or in conflict with senior government documents.

17 Introductory Discussion Paper Provincial Initiatives As suggested, the current Provincial Government has embarked on a new generation of land use planning initiatives designed to create a policy framework that promotes sustainable development practices. It has emphasis on three ongoing commitments: refinement of the planning system; definition of an urban and natural heritage structure and alignment of infrastructure expenditures accordingly; and, provision of a stronger green focus. As a result, the Province has rolled out an aggressive platform of land use planning reforms, adopting a higher profile and leadership role in municipal planning affairs. Planning staff have reported on these activities as they have been put forward over the last few years. Fundamental planning initiatives include: where not to build through the Greenbelt Plan; where and how growth will occur and under what conditions, through Places to Grow legislation and the Growth Plan for the Greater Golden Horseshoe; planning reforms designed to strengthen municipal decision making (e.g. Bill 26, Bill 51); and finally, a new Provincial Policy Statement (PPS) to which all municipal planning documents and decisions must now be consistent Provincial Policy Statement The new Provincial Policy Statement was issued under Section 3 of the Planning Act, effective March 1, The PPS provides policy direction on matters of provincial interest in land use planning and development. The shall be consistent with requirement of the PPS is a more demanding test than the previous shall have regard for wording. It has been indicated the PPS is not intended to remove the ability of Councils to address local circumstances. However, clearly it represents a minimum standards document. The PPS prevails in cases where there is no local policy direction or that direction is in conflict. While local planning policy can be more restrictive, it cannot be less. The Whitby Official Plan policies should be reviewed for consistency with those particular PPS policies expressed as a positive direction, and/or those setting our limitations and

18 Introductory Discussion Paper 14 prohibitions. There are several new policy directives and changes in the revised PPS which will have to be considered in an Official Plan review Greenbelt Plan The Province s Greenbelt Plan was approved in February, 2005 and identifies where urbanization should not occur, in order to provide permanent protection to the agricultural land base and associated ecological features and functions, as well as improve linkages between the Oak Ridges Moraine Conservation Plan (ORMCP) and the lakeshore. Accordingly, in addition to lands covered by the ORMCP, it includes about 8,888 acres of what is termed, Protected Countryside within Whitby. These primarily comprise lands in the 8th Concession south to Brawley Road, major tributary valleylands of the Lynde Creek, the Lake Iroquois beach generally north of Taunton Road and west of Highway 12, and a very minor tributary of the Lynde Creek in west Whitby that connects southerly from the Lake Iroquois beach to the waterfront s Lynde and Cranberry Marshes. Upper and lower tier municipalities are required to incorporate the policies and provisions of the Greenbelt Plan in conjunction with their five year Official Plan reviews. The Region completed its conformity exercise which has been incorporated into its Plan through Official Plan Amendment 114 currently under appeal. With two tier municipal planning, Whitby s Greenbelt policies must comply with the Region s Greenbelt policies. A key part of the conformity exercise will be to delineate a Natural Heritage System comprising key natural heritage and hydrologic features, and to rationalize boundaries between prime agricultural areas and less restrictive rural areas.

19 Introductory Discussion Paper Places to Grow - A Growth Plan for the Greater Golden Horseshoe Area Bill 136, the Places to Grow Act, is the legislative framework allowing the Province to introduce the Growth Plan for the Greater Golden Horseshoe which was finalized in June, Bill 136, requires that municipalities review their Official Plans for consistency before the third anniversary (i.e. June 2009) of the date on which the Growth Plan came into effect. The Growth Plan provides strategies and policies that direct growth to built-up areas, promotes transit supportive densities and compact and complete communities, and targets unprecedented levels of residential intensification in preference over greenfield development in a coordinated manner across the GGH. Importantly, such co-ordination is to come from Sub Area Assessments to be prepared by the Province in consultation with affected municipalities. Essentially, these will subsequently dictate where and how much population and employment growth is allocated to the area municipalities of the Region. The Region is embarking on a work program to bring the ROP into conformity with the Growth Plan and that exercise will establish key parameters of a similar policy review of the Town s Official Plan. Among many of the policy directions introduced by the Growth Plan, one of the more significant issues will be achieving the Plan s target for 40 percent of all residential development being in the form of intensification within an existing built boundary by The Growth Plan requires that all municipalities, through their Official Plans, identify intensification areas and incorporate built boundaries. However, one of the challenges in implementing the 40 percent intensification target, will be protecting existing, stable neighbourhoods where it is not appropriate to intensify. The Growth Plan also requires minimum densities of 50 persons and jobs per hectare excluding natural heritage features for greenfield development. New plans of

20 Introductory Discussion Paper 16 subdivisions will be reviewed within the context of the Growth Plan s greenfield densities. The density target is measured on a regional basis. However, the Growth Plan states that urban boundaries may not be expanded until intensification and density targets have been met for the regional market area. The Growth Plan also provides stronger protection for designated employment lands from conversion to other uses, such as residential and/or major retail uses. Although there are increasing pressures to convert designated employment lands to residential or commercial uses, the Growth Plan recognizes the need to protect employment lands for the longer term. Therefore, the Plan prohibits such conversion, unless there is warrant to do so, and only at the time of a municipal comprehensive review (i.e. Official Plan Review) Bill 51 The Planning Act has recently been amended by Bill 51 the Planning and Conservation Land Statute Law Amendment Act, including related Ontario Regulations. The new legislation and regulations are intended to create more transparency and accessibility to the land use planning process. Bill 51 includes both prescribed matters and enabling provisions. Municipalities have been given more flexibility to strengthen their ability to implement provincial policies and municipal priorities. The main changes include: prescribed Official Plan contents; requirements for complete applications ; new public notification requirements; restrictions on appeals, including appeals on employment land conversion; requirement for consultation with municipalities regarding new information at OMB hearings; new timeframes and requirements for notification of Council s refusal to adopt an Official Plan Amendment or Zoning By-law Amendment; enhanced public record provisions; requirements for consistency with the Provincial Policy Statement (PPS) and conformity with Provincial plans in effect on the date of decision; discretionary ability to set up Local Appeal Bodies for Minor Variance applications; authority to impose conditions on Zoning By-law

21 Introductory Discussion Paper 17 amendments and to set minimum height and density standards through zoning; authority for an enhanced Development Permit System; and, expanded Site Plan control abilities. Bill 51 prescribes that certain matters must be addressed, effective January 1st, 2007, such as new public notification requirements (e.g. public advisory statements regarding who can appeal) and consistency with Provincial planning policies (e.g. statements regarding conformity with or does not conflict with Provincial plans). However, the prescribed matters still require further study and the development of new policies to be implemented effectively through Official Plan Amendment and procedural changes. Bill 51 also includes many enabling, but discretionary provisions. Examples include Zoning with conditions, allowing municipalities to set minimum height and density zoning standards, enhanced Site Plan Control provisions (e.g. control over exterior design elements), and enhancement to provisions for Community Improvement Plans. However, to take advantage of these new planning tools will require enabling policies in the Official Plan Provincially Significant Wetlands The Ministry of Natural Resources has recently been updating their Provincially Significant Wetland mapping in the Municipality, particularly wetland complexes in the former Lake Iroquois beach area such as in the Taunton North community, and along the waterfront. The PPS states that development and site alteration shall not be permitted in such areas. The Official Plan will be expected to be revised to incorporate these additional wetland areas as was previously done with the identification of the Heber Down Wetland Complex through Amendment No. 38. Additional identified wetlands should be incorporated into the Official Plan.

22 Introductory Discussion Paper Ontario Heritage Act In 2005, the Province passed comprehensive amendments to the Ontario Heritage Act under Bill 60, An Act to Amend the Ontario Heritage Act, which are intended to strengthen and improve heritage protection. Some of the changes include new municipal and provincial powers to prevent demolition of heritage sites, improvements to the municipal designation process (e.g. standardized designation criteria; recognition and listing of non-designated heritage sites; delegation of approvals for alterations to designated heritage properties; minimum maintenance standards for designated sites and updated designation by-laws; shorter notice requirements etc.), strengthened protection for heritage conservation districts and enhanced provisions regarding archaeological resources. The PPS also contains new policies to protect designated heritage resources and to have regard for heritage significance during the development approval process. Current Official Plan policies regarding heritage resources should be re-evaluated to determine if there is a need for policy revisions to effectively implement the changes introduced by Bill 60 and/or the PPS The Ontarians with Disabilities Act (ODA) and Accessibility for Ontarians with Disabilities Act (AODA) The Official Plan should be outlining the Town s commitment to consideration of accessibility through such means as the application of Whitby s Accessibility Standards. In addition, existing policies which speak to accessibility must be updated to correctly reference persons with disabilities and accessibility rather than handicapped and disabled. There are applicable sections of the ODA and the AODA that the Municipality should reference through Official Plan policy, specifically as it relates to site plan control and the subdivision of land. The AODA requires both public and private sectors to work towards a fully accessible province by the year The intention of the AODA is to develop common

23 Introductory Discussion Paper 19 standards and in some cases, sector-specific standards that will integrate accessibility as part of regular business and capital planning for the public and private sectors. It is noted Bill 51 changes to the Planning Act include an amendment to Section 41 (Site Plan Control) to add the ability to impose as a condition of approval, that facilities be designed to have regard for accessibilities and persons with disabilities Highway 407 East Environmental Assessment Study This EA study was recommenced by the Ministry of Transportation in February 2005 and is targeted for completion in 2008 with the submission of an EA Report to the Ministry of the Environment for approval. It will identify a technically preferred route for the 407 mainline extension across Durham Region, including a north-south 401/407 freeway link in the vicinity of east Ajax and west Whitby. The alignment is to include a multi-lane highway and transitway. Once the study is completed and approved, any alignments and associated interchanges located in Whitby will have to be included in the Official Plan and current related policy deferrals lifted. 3.2 Durham Region Initiatives The Planning Act requires that area municipal Official Plans conform to an upper tier regional Official Plan where one exists. The Region of Durham has been comprehensively reviewing its Official Plan (ROP) since Regional Council has approved many recommended revised policy directions on environmental, rural, commercial and transportation policy matters through Amendment 114 adopted in September, Some of the policies adopted are under OMB appeal but most are expected to be resolved this year. There will be a need to review similar policy topic areas in Whitby s Official Plan to respond to these revised/additional Regional policy directions and ensure ongoing conformity. The published Regional Arterial Corridor Guidelines and bicycle plan will also have to be reviewed for local policy direction. In addition, next year the Region s Transportation Master Plan is up for review, the outcome of which could involve changes to the

24 Introductory Discussion Paper 20 arterial road network and/or transportation policies to be reflected in both the Regional and area municipal official plans. However, still to be finalized are key directives that address population and employment growth forecasts, associated urban land needs, urban boundary expansions, and allocations of such down to area municipalities. These important growth management policy matters were all removed from Amendment 114 prior to its adoption due to conflicts with the Growth Plan. They are not anticipated to be completed until 2008 with the expected completion of the Growth Plan conformity exercise by the Region. Subsequent regional amendment(s) consistent with Growth Plan forecasts will be brought forward, pending further work to be completed in consultation with the area municipalities. These will provide for the appropriate distribution of population and employment and any related urban boundary expansions. As mentioned, the Growth Plan requires that by 2015, a minimum of 40% of all residential development occurring annually within the Region, as a whole, will be within a Provincial defined urban built boundary. Although it is not yet determined what Whitby s expected share of such intensification growth will be, all Official Plans must include phase-in policies, and accommodate more intensive residential development within the existing built up areas. It is noted the Region is preparing a strategy and appropriate policies to achieve the Growth Plan s intensification target. Similarly the Region must consider greenfield residential and employment densities in ways previously not pursued. Depending on the nature of such amendments, it is expected the Growth Plan conformity exercise will trigger major changes to local Official Plans to maintain conformity. It should be noted that Regional Official Plan Amendment 114 has included some initial policy direction on potential urban boundary expansions across the Region. A new Schedule F entitled: Specific Policy Area E (Future Growth Areas) as well as a new Section are intended to address the long term growth management vision previously portrayed in the initial proposed Amendment, recognizing the effect of the provincial

25 Introductory Discussion Paper 21 Growth Plan policies. Schedule F illustrates areas that have been assessed for future long-term growth, but clarifies that these areas represent priority areas for future Urban Area boundary expansions, and that expansions would require a future Regional Official Plan Amendment. Included are large areas in west Whitby over to Lakeridge Road including the north side of Taunton Road, and north, west and northwest of Brooklin. The lands affected by the Greenbelt Plan are excluded. Specifically, Section of the Regional Official Plan as amended by Regional OPA #114, states that Schedule F reflects Regional Council s long-term vision of the Region s urban structure, but is not a land-use designation or actual boundary expansion. Any expansions to the urban area boundaries designated in the Regional Official Plan, may only be approved through further amendments to the ROP, in accordance with applicable provincial plans and policies including the Growth Plan for the Greater Golden Horseshoe Finally, it is stated the Region will not entertain any privately initiated OPA s in the Future Growth Areas for urban expansion, and that all future urban expansions shall be by a regional initiated comprehensive review. Currently Schedule F and Section are under appeal. 3.3 Central Lake Ontario Conservation Initiatives CLOCA is undertaking a Fisheries Management Plan which may entail recommended policy changes to local Official Plans. In addition, it is preparing revised floodplain mapping (e.g. Corbett Creek) which may result in the redrawing of floodplains (Hazard Lands) on the Official Plan s schedules. CLOCA should be consulted to determine if other watershed floodplain mapping has been updated which in turn, can be transferred to the Official Plan schedules.

26 Introductory Discussion Paper 22 4 TOWN OF WHITBY INITIATIVES There are a number of Town initiatives which may prompt policy review assessment and possible amendments to the Official Plan, or which should be further considered as part of an O.P. review exercise. Briefly, these are summarized as follows: the Culture, Parks, Recreation, and Open Space (CPROS) Master Plan; the Cullen Central Park Master Plan study; future Economic Development Strategy; the proposed Waterfront Master Plan; the ongoing Brooklin Heritage Conservation District Plan; Community Strategic Plan and, Transportation Master Plan initiated in One of the primary reasons for identifying and finetuning Whitby s Transportation system through a Transportation Master Plan (TMP), is to ensure that opportunities to build an environmentally sensitive, sustainable, and efficient network are protected. The recently initiated Whitby TMP is being undertakin in recognition of local, regional and provincial transportation and planning policies and initiatives, including but not limited to: Highway 407 East EA, and the Places to Grow, Growth Plan for the Greater Golden Horseshoe. The TMP is anticipated for completion in 2008 and will provide a strategic framework for the future major road system for the Town, as well as, guiding principles for developing and planning transportation networks to serve the community well into the future. The work completed as part of the TMP will be incorporated into the OP Review process, and will include guidelines and triggers for ongoing review and update of transportation policies and schedules. While the TMP will provide strategic requirements and recommendations to ensure corridor property protection requirements are achieved, it is fundamental to understand that transportation planning is a continual, ongoing process.

27 Introductory Discussion Paper 23 5 OTHER POLICIES REQUIRING FURTHER REVIEW Planning staff have identified policies in the existing Official Plan that are in need of revision and/or further direction. This is due to several factors including the age of the Plan, continuing effectiveness of certain policies, newly emerging policy issues not previously identified, and the need to respond to senior government policy directives. Some of these issues are intertwined with the aforementioned external drivers of policy change such as the need to conform to new Regional Planning policies. 5.1 Growth Management Official Plan Planning Horizon and Population Forecast As previously noted, the Official Plan was prepared with a 20 year time period and a 2011 planning horizon. As such, the life of the current Plan is nearing its end. At the same time, the Region is concluding a review of the ROP in conformity with the Province s Growth Plan which will extend the ROP planning period from 2021 to Similarly, Whitby s Plan should be updated to the same extended planning horizon. The Official Plan forecasted a 2011 population of 125,000 for Whitby and the current population is estimated to be 116,000 (including undercount). Through various forecasts in recent years and by virtue of its location in the rapidly growing GTA, Whitby s population can be expected to double over the 2001 to 2031 thirty year period. Forecasts to 2031 have included the November 2001 Lapointe Consulting forecast of between 175,000 to 187,500, an initial 2003 Durham Planning Department forecast of 208,000 and the July, 2003 Hemson Consulting forecast of 213,000. The Region re-evaluated its population forecasts and through the release of its Recommended Directions Report in January, 2006, Whitby s 2031 forecast was higher at 226,190.

28 Introductory Discussion Paper 24 However, despite the previous work on growth forecasts, it is significant to recognize that the Province through its Growth Plan lowered the Region s overall 2031 population and employment forecasts by 90,000 persons and 50,000 jobs respectively. These in turn will be redistributed to area municipalities. Accordingly, area municipal population and employment forecasts at the local level could change, but will have to await the conclusion of the Sub-Area Assessment and Growth Plan conformity exercise to determine the magnitude of future growth that is to be accommodated in the Town Intensification Policies One of the objectives of the 1995 Official Plan was to respond to the Province s 1989 Land Use Planning For Housing Policy Statement, which included facilitating the land use planning policy regime to make it more conducive to the provision of affordable housing, including new intensification opportunities. This direction is even more pronounced through recent Provincial policy initiatives such as the Growth Plan wherein a considerable amount of population growth is expected to be accommodated within a defined existing built up area. The Plan currently defines intensification as the development of a property or a site at a higher density than previously existed and can include redevelopment, infill, conversion or adaptive reuse, and secondary suites (e.g. accessory apartments). In recent times, the definition as referenced by CMHC, could be expanded to include brownfields (re)development and even greyfields development of existing older commercial strips and plazas. The PPS also contains a definition. It would appear that there is also a need to revisit secondary plans and general parent O.P. residential policies and land use schedule, to enhance the areas where intensification opportunities can occur. These locations could include major transit corridors, nodes and gateways. The feasibility of increasing the range of densities and heights permitted could also be examined. However, at the same time, it is vitally important to identify where it is not appropriate to intensify such as in stable low density neighbourhoods. Planning staff anticipate this issue will have to be reviewed in detail as

29 Introductory Discussion Paper 25 part of the implementation of the Growth Plan at the local municipal level, and will involve re-examining the Plan s land use and residential community structure schedules and residential policies Future Urban Land Needs With possibly almost a doubling of population previously forecasted by 2031 and a rapidly diminishing supply of vacant lands, the Town urgently requires additional urban lands through urban boundary expansions. This includes both residential and industrial lands. The Town previously undertook a comprehensive review of its urban land needs. The Long Term Residential and Employment Land Need study conducted in 2003 for the Town by Hemson Consulting concluded that up to almost 1,800 gross hectares of additional urban land is required to meet long term demand to Residential Land Needs Hemson Consulting concluded up to 1,500 gross hectares of additional residential land, and up to 240 hectares of employment land. Depending on either the 2031 Lapointe or Hemson population forecasts, anticipated low density residential demand to 2031 was found to exceed land supply by between 10,000 and 13,000 units. This translates into a long term need of between 800 and 1,500 gross hectares of additional residential land. Yet, available residential land excluding the uncertain West Whitby lands is in critical shortage and as of the end of 2002, was identified by Hemson as possibly being depleted in 6 years - well below the 10 year supply standard mentioned in the PPS. Since the release of the Hemson report, the Town has continued to see robust, unabated low density residential buildout, and therefore a further diminishing of land supplies. And it is important to note that residential designated lands have not been added to relieve shortages previously identified by the Hemson report; the number of units produced will slow considerably if new greenfield lands are not designated through urban expansion.

30 Introductory Discussion Paper Industrial Land Needs Hemson also found up to 240 hectares of employment land being required by The Town can expect a total 2031 industrial - type employment of between 22,200 and 27,900 jobs, with an associated employment land need between 600 and 755 net hectares. After deducting effective land supplies of 565 hectares, anticipated employment land needs exceed this supply by between 35 and 190 net hectares, or 45 to 240 gross hectares. No industrial designated lands have been added to the inventory since the Hemson study five years ago. Therefore, current supply of designated employment area lands particularly in proximity to the future 407 extension should be protected as southern tier industrial lands are exhausted Employment Activity Rate Clearly the greatest challenge confronting the Plan s industrial development goals is the provision of an adequate long term supply of serviceable industrial land and the prevailing need to provide a balance between employment and residential uses and tax assessment. Increased assessment, employment opportunities, a better live/work relationship and reduced commuting and associated energy needs are obvious benefits that new employment opportunities can bring to a municipality if an adequate land base is provided. Section of the Official Plan aggressively states that, In endeavouring to maintain and improve the existing employment activity rate, the Municipality shall establish an overall employment to population ratio of 50% over the life of this Plan. That is, the target is one job for every 2 residents. This is the same target contained in the 1993 ROP, although not the 1:3 jobs to population target for the Region of Durham contained in the Provincial Growth Plan Conversion of Industrial Lands Across the GTA, longer term industrial lands are coming under increasing pressure for conversion, a trend recognized through various provincial initiatives ( PPS, Growth Plan, Bill 51) With a major long term need for both residential and industrial lands, the solution to the

31 Introductory Discussion Paper 27 impending residential land shortfall does not lie in the conversion of the longer term industrial land base without equally viable replacement, or compensating, lands. It is not good planning to enhance the supply of residential lands at the expense of the supply of required employment land when there is a fundamental need for both. Recent Provincial policy recognizes the importance of protecting industrial lands for future employment opportunities and looks to municipalities to implement this objective in their Official Plans. A municipally led comprehensive approach is required to the urban land supply issue. It is understood that this matter will be addressed in the Region s Growth Plan conformity exercise in consultation with area municipalities. Finally, with a move to a longer planning horizon coincident with a revised Regional Official Plan, the industrial Future Urban Development Area # 2 north of Conlin Road should be replaced with actual industrial land use designations to provide more immediate development opportunities subject to servicing Retail Commercial Needs The Town s commercial needs have been comprehensively examined through the Retail Market Analysis Update Report prepared by Realty Research. That study assessed and projected the amount and type of retail/commercial space needs for the Town to 2031 based on the Region s January 2006 population forecast. In the last five years, major commercial development has occurred particularly along Taunton Road and in Brooklin. This is seen to continue with the recent approval of the 41,000 s.m. (GLA) Minthollow application at Garden Street and Taunton Road, and the 24,250 s.m. retail warehouse floorspace (GLA) addition Trinity application, in an expanded Special Activity Node B at Hopkins Street and Victoria Street. The Realty Research study provided commercial floorspace needs related to incremental 5 year population milestones, should the Town s 2031 forecasted population be less than previously put forward by the Region in early Further work is required to allocate projected commercial

32 Introductory Discussion Paper 28 floorspace needs to future urban growth areas for implementation through secondary planning. This should follow once the Region s Growth Plan conformity exercise is complete and any urban expansions known. However, a review can also examine opportunities within the existing urban boundary, such as the Future Urban Development Area delineated at the southwest corner of Baldwin Street and Winchester Road. 5.2 Sustainable Community Planning and Design In recent years, the environment has become an increasingly important issue for both the public and policy makers at all government levels. This is augmenting the need for policy relating to green initiatives in sustainable community planning practices. Using Official Plan policy to promote the construction of green roofs, green buildings, and the use of innovative technology and renewable energy resources for conservation, efficiency and greenhouse gas reduction are becoming increasingly investigated at the municipal level. The Whitby Official Plan currently does not contain policies directly related to such green initiatives, nor is their reference to the concept of sustainable community planning practices. Such practices have been described as pursuing future planning and development endeavours in a manner that ensures that the needs of the current population can be met without compromising the ability of future generations to meet their own needs. The Municipality has the opportunity through the Official Plan Review to guide the community to more environmentally sustainable practices and should consider the inclusion of a supportive policy framework Natural Heritage System The Environmental Management Schedule C of the Official Plan should be reviewed with the goal of moving to a Natural Heritage system approach in lieu of the current Hazard Land and Environmentally Sensitive Areas delineations. This is the direction contained in Amendment 114 of the ROP to which the Whitby Plan must ultimately conform. For example, it may be appropriate to replace the Hazard Land designation with

33 Introductory Discussion Paper 29 an Environmental Protection designation which emphasizes a more environmentally supportive context to these lands. The Region s policies now identify natural heritage and hydrological features and no longer reference the concept of environmentally sensitive areas. Whitby s Plan should be similarly updated. In addition, there will be a need to delineate additional Provincially significant wetland complexes identified by the Ministry of Natural Resources as previously noted Alternative Renewable Energy Sources Utilizing alternative sources of energy such as from the wind or passive solar power, is fast becoming more popular as the price of technology drops and awareness grows of the harmful environmental and health effects of the dependency on burning fossil fuels. Wind and passive solar power are considered a renewable resource to be harvested, and which should be considered particularly in rural areas. Enquiries have been received both inside the municipality and throughout Durham to construct wind turbines to supplement energy supplies. While the Official Plan currently makes some reference to minimizing energy consumption and maximizing energy efficiency through its urban design policies, there are no policies/criteria in place to support and evaluate such alternative energy proposals which are expected to increase over time. Accordingly, this issue requires further policy direction LEED (Leadership in Energy and Environmental Design) A policy area that has received increasing attention is that of designing and constructing buildings in a more environmentally friendly and energy efficient manner. The LEED (Leadership in Energy and Environmental Design) Green Building Rating System is a voluntary, consensus-based national standard for developing highperformance, sustainable buildings. The Rating System, originating in the United States and adapted to include standards reflecting Canada s climate regime, recognizes leading edge buildings that incorporate design,

34 Introductory Discussion Paper 30 construction and operational practices to reduce environmental impacts Green Roofs Green roofs have been referenced in the updated Regional Official Plan for regional building initiatives. A green roof has been described as a green space created by adding layers of soil medium and vegetation on top of a traditional roofing system. Roofing systems can either be extensive or intensive, depending on cost, depth of soil medium and plant selection. Ascribed benefits include increased energy savings, longer roof membrane life span, additional amenity space and improved air quality Crime Prevention through Environmental Design (CPTED) The Town of Whitby has trained personnel to facilitate the review of development applications, from the perspective of CPTED and its principles of natural access, natural surveillance and territorial reinforcement. Reference to these principles is also used by Town staff in the design of parks and community facilities. However, there is policy backdrop for this initiative in the urban design policies of the Official Plan. The merit and opportunity of including policies should be considered in the review Accessibility Another urban design aspect requiring reference pertains to accessibility standards. Again with recent Provincial legislative mandates, the Town s commitment to the consideration of accessibility through such means as the application of Whitby s own Accessibility Standards should be highlighted in the Plan s policies.

35 Introductory Discussion Paper Land Use Commercial Uses in the Industrial Areas There is a need to re-examine the limited commercial use provisions in the Official Plan for their efficiency. For example, the Plan conditionally allows consideration of an automobile complex of three or more sales dealerships. Such development is to be in a campus setting on lands adjacent to the 401 east of Pringle Creek, and provided at least two dealerships are to be constructed in the first phase of development. The policy was intended to cluster such uses in a concentrated fashion, rather than have them scattered throughout the employment areas. It has not been entirely successful. While one autoplex has established itself on the north side of Champlain Avenue near the municipal boundary, three exception amendments have been approved for single dealerships on the north side of Consumers/Champlain, and there is currently a fourth application under review on Victoria Street and South Blair Street, as these dealerships expand and vacate the Dundas Street corridor. It is noted that the ROP does permit automobile dealerships in the Employment Areas of the Region without the need for clustering. This policy was not removed by Amendment 114. On a broader note, increasing commercial development pressure to infiltrate the less expensive industrially zoned lands is an ongoing concern, particularly as the industrial land base is diminished. There is concern that current permissions are still appropriate, given the municipal goal of building strong central areas. Policies may require fine tuning what service commercial, office and even retailing activities should be permitted in industrial areas Mixed Use Areas in Major Central Areas All the major Central Areas through their secondary plans provide for mixed use opportunities which promote an intensive mix of land uses, including a residential component. But there is inconsistency depending where the mixed use is located i.e. in what secondary plan area. In Downtown Whitby, the policy is structured such that

36 Introductory Discussion Paper 32 redevelopment requires a 1:2 ratio of commercial to residential floorspace; in Brooklin, such a ratio is only encouraged, and in Brock/Taunton the residential component is mandatory, although a recent site specific amendment was approved to relax this requirement in the northeast quadrant. In the Rossland/Garden area, a residential component is only encouraged, although a fine example exists at the southeast corner. True horizontal or vertically integrated mixed use development appears difficult to implement in the outlying GTA, although Provincial policy aggressively promotes this, particularly in intense activity nodes and transit corridor locations. A review of all mixed use policies is warranted including the need to possibly increase the areas where such redevelopment can occur. The need appears to be more sharply focused as the Town responds to the intensification policies of the Growth Plan. For example, this could include the area around the Brooklin commercial CBD and along the Dundas corridor east and west of Downtown Whitby Limited Service Commercial and Offices in Residential Areas Currently through Section c), the Official Plan permits limited and individual professional, business office and personal service uses in residential areas, subject to zoning and satisfying certain evaluation criteria, compatibility with surroundings, and ensuring the development and function of central areas are not adversely affected. There is a need to better define the intent of this policy to ensure it is not abused. There may be a need to look at specific geographic areas to permit limited professional /business offices while restricting their use in others School Designations Existing and planned school sites are symbolically shown on the Plan s Schedule B for the area south of Taunton Road and in the various secondary plan schedules. There is a need to update these schedules to reflect decisions of the school boards over the last twelve years

37 Introductory Discussion Paper 33 regarding the closing of existing schools, the exchange of sites between School Boards, and abandonment of planned school sites that have since reverted to residential development, or substitution of new sites Cemetery Policies Another revision to the Official Plan concerns the clarification of cemetery uses. The policies governing cemetery uses are currently found in the Institutional section, whereas all existing and new cemeteries are placed in the Major Open Space designation on the land use Schedule A. It is appropriate to return the cemetery use policy reference to the Major Open Space designation, to clearly identify the Municipality s intent to designate cemeteries in this manner. This policy could be cross-referenced with the policy currently contained in the Institutional section Minimum Distance Separation Formulae (formerly Agricultural Code of Practice) There is a need to clarify the application of the Minimum Distance Separation (MDS) Formulae particularly in the situations at the urban-rural interface. Currently, within the Agricultural land use designation, the Official Plan states that no new residential development will be permitted in close proximity to livestock operations and shall comply with the Minimum Distance Separation Formulae. Conversely, no new large scale animal or poultry establishments or extensions will be permitted in close proximity to residential uses and shall comply with the Minimum Distance Separation Formulae. These are intended to reduce incompatibility concerns about livestock facility odours. However, less clear is whether the policy applies to lands within the Major Open Space designation which may also have such operations. Moreover, it is also unclear what takes precedence at the urban - rural interface where there may be situations whereby houses within the urban boundary are being placed in close proximity to preexisting livestock operations that are located in adjacent Agriculturally designated areas. This ambiguity should

38 Introductory Discussion Paper 34 be addressed in examining best practices in other jurisdictions, particularly with the current emphasis on firm urban boundaries and no-touch development areas like the Greenbelt that has been given elevated priority by Provincial policy. The Ministry of Agriculture and Food has recently conducted an internal study of the MDS and changes to the guidelines. These should be addressed through possible revised O.P. policies Special Activity Node A This designation, found within the Plan s commercial policies and previously designated in the ROP as a Regional Node, was put in place in 1989 to recognize Cullen Gardens and its possible expansion. Node A is stated to be a major, full service tourist and recreational attraction area primarily serving visitors and tourists from the surrounding Region and beyond. On the east side of Cochrane Street, a passive recreational park comprising a commercial botanical gardens and miniature village is recognized, including permission for ancillary retail and eating establishment uses. On the west side, a Heritage Village comprising restored, replica historical dwellings with small retail artisan shops is permitted, with a total retail capacity of 2,500 s.m. Bed and breakfast, museum, nursery garden centre, and subsequently through an OPA, a small-scale hotel, are also permissible uses in the village component. Other than the nursery, the activities on the west side of Cochrane Street have not materialized, and the commercial botanical park and miniature gardens is no longer in operation with the Municipal acquisition of the property. Moreover, the ROP, through OPA #114, no longer identifies the site as a Regional Node. In essence, the site no longer functions as a Special Activity Node in its original intent. Its policy relevance should be reexamined as part of the Plan s review, and others visions for the lands involved considered, such as the Cullen Central Park Master Plan Study commencing in 2007.

39 Introductory Discussion Paper Brownfields & Community Improvement Plans The Province indicates that Brownfields are lands on which industrial or commercial activity took place in the past and that may need to be cleaned up before they can be redeveloped. Provincial policy initiatives such as the PPS, Bill 51, and the Growth Plan direct that intensification and redevelopment be encouraged in brownfield sites. Further, recent legislative changes regarding brownfields allows for Community Improvement Plans (CIP s) to be designated on a municipal-wide, area, or site specific basis, and potentially benefiting from other tools (e.g. Tax Increment Financing or TIF s) for contaminated sites, where there are CIP s in place. Although the current Whitby Official Plan contains policies regarding contaminated sites (Section ), the policies should be reviewed to ensure consistency with provincial policy direction for brownfields and to take advantage of the planning tools introduced through legislative changes. 5.4 Housekeeping / Technical Amendments As the Official Plan Review proceeds, amendments to Official Plan policy(s) and/or Schedule(s) may be needed to correct technical errors/omissions or to provide greater clarification regarding the general intent of the Official Plan.

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41 Introductory Discussion Paper APPENDIX I Summary of Whitby Official Plan

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43 Introductory Discussion Paper APPENDIX I i APPENDIX I Summary of Whitby Official Plan The Town of Whitby Official Plan (1995) is the principal policy document which the Municipality uses to express its goals and objectives for the community, significant natural heritage features and its physical development or redevelopment. It provides a general policy direction and land use planning framework to guide the physical, social, economic and environmental management and growth of the Town to the year It was prepared within the context of the urban and rural patterns of the upper tier municipality of Durham Region and the Greater Toronto Area. In addition to adhering to good planning principles, the Official Plan was prepared within the context of existing Provincial Policy Statements, Guidelines and Expressions of Provincial Interest and the Durham Regional Official Plan. It is viewed as conforming to the Durham Regional Official Plan (1993) which provides for a more distant planning horizon, Accordingly, the 2011 Whitby urban boundary is considered as an interim boundary in the context of the more extensive 2021 boundary. Lands not anticipated to be needed for 2011 urban land requirements were placed in Future Urban Development Areas (FUDA S) within the larger Regional urban development envelope. GENERAL OVERVIEW OF WHITBY OFFICIAL PLAN The Whitby Official Plan encompasses the following components: PART I - Municipal Area Policies and Designations Introduction - outlines the purpose of, and review process undertaken for, the 1995 Official Plan, but does not form part of the Official Plan; Municipal Development Principles and Strategy - outlines the guiding principles for development, the Plan s underlying assumptions, the elements and approaches of the Town s growth management strategy, and the Town s visionary Municipal Structure, which both in policy and as schematically shown on Map 1, illustrates the relationship between the Whitby and Regional Official Plans; Economic Development - provides a set of policies for a healthy economy; Land Use - divides the Municipality into 11 basic land use designations and provides associated policy guidance as to the uses of such lands; Environmental Management - outlines goals and policies for the protection and enhancement of the natural environment for its valuable ecological functions, and to promote environmentally sustainable development, including: environmentally sensitive areas; wetlands; Lake Ontario Waterfront; the former Lake Iroquois Shoreline; the Oak Ridges Moraine; other mature woodlands; identification and treatment of former waste disposal sites and contaminated sites; waste management; stormwater

44 Introductory Discussion Paper APPENDIX I ii management; construction management plans; and development review requirements; Community Development -outlines goals and policies to identify and preserve heritage resources, develop the aesthetic quality of urban and open space environments through good design principles and standards, and provide for the ongoing maintenance, improvement and upgrading of the Town s urban areas; Housing - outlines policies on the provision of a range of residential accommodation to meet the Town s housing needs, including such aspects as infilling and intensification, special needs housing and rental accommodation; Transportation, Servicing and Utilities - outlines goals and policies to provide a safe, convenient and efficient transportation system for the benefit of all residents and businesses, a high level of road network capacity and transit, and ensure the provision of infrastructure including utilities and stormwater management to meet the needs of all residents and businesses; Growth Management, Future Development and Monitoring - outlines policies on managing future growth including the intended staging of development, the provision and content of more detailed secondary land use plans as a prerequisite to development, FUDA s, interim land uses, capital projects and financial management; Implementation and Interpretation - outlines various implementation tools to carry out the policies of the Official Plan, which will generally be through successively more detailed steps in the planning approvals process. These include policies on amendments, secondary plans, zoning by-laws, holding provision and temporary use by-laws, site plan control, subdivision and severance approvals, and guidelines on interpreting the Plan s land use boundaries and numerical references. A glossary of terms and their definitions is also included. Schedules Schedule A Land Use - delineates the various land use designations within urban and rural areas; Schedule B Residential Community Structure - schematically outlines the components (range of densities, schools, parks, neighbourhood commercial facilities) of the seven community areas outside of secondary plans located south of Taunton Road, which is a carryover from the 1974 Official Plan; Schedule C Environmental Management - indicates the various environmental protection areas and the environmental resources in overlay fashion; Schedule D Transportation - outlines the road hierarchy both existing and future roads and freeway interchanges, railways and utility corridors;

45 Introductory Discussion Paper APPENDIX I iii Schedule E Secondary Plans - indicates the boundaries of more detailed secondary plans, and community improvement areas. PART II -Secondary Plans Secondary plans including more refined land use policies and schedules, are provided for a number of urban and rural areas including: Port Whitby Lynde Shores Downtown Whitby Brooklin Taunton North Hamlets of Ashburn and Macedonian Village Rossland/Garden Major Central Area Brock/Taunton Major Central Area Thickson/Taunton Community Central Area, and Oak Ridges Moraine. APPENDIX The Official Plan s Appendix indicates in table form, the existing and future population distribution including both the 2011 population target and the estimated future population capacity based on the Regional Official Plan for the 7 residential communities shown on Schedule B south of Taunton Road, Brooklin, the two expansion areas of West Whitby and Taunton North and the rural area. DETAILED OVERVIEW OF WHITBY OFFICIAL PLAN The above Part 1 components of the parent Official Plan are described in greater detail as follows: Section 1 Introduction: The introductory section outlines the Purpose of the Official Plan over a 20 year planning horizon. Although Section 1 does not form part of the Official Plan, it provides an overall purpose, as outlined in Section 2.4 of the Introductory Discussion Paper. It also outlines a Review Process for updating the Official Plan recognizing that it is not a static document, and that new policies, data, emerging trends and critical issues require periodic review. The content of the Official Plan is outlined in Sections 2 through 11 below.

46 Introductory Discussion Paper APPENDIX I iv Section 2 Municipal Development Principles and Strategies: The Official Plan is based on the following Guiding Principles as stated in Section 2: to maintain and enhance Whitby s identity within the Region of Durham and the Greater Toronto Area; to provide for balanced growth and encourage ecosytem-based strategies to support sustainable development; to encourage the orderly and compact, mixed-use pattern of urban growth through the consolidation of all development and intensification proposals and the provision of supporting municipal infrastructure and community facilities; to encourage a liveable, safe and healthy community in Whitby s south urban community and in Brooklin by providing the fullest opportunities for employment, housing, education, arts and culture, recreation, transportation, health services, and the maintenance and enhancement of Whitby s natural and cultural heritage resources; to establish and maintain linked transportation systems through the community for transit, vehicular and pedestrian movement, by road, rail and greenways. These systems will connect living areas with Whitby s central, employment and open space areas, and neighbouring municipalities; to maintain and enhance sensitive environmental features, their function and linkages; to continue to integrate community consultation into the Municipal planning process; and, to conform to the Provincial policy for the Oak Ridges Moraine in accordance with the Oak Ridges Moraine Conservation Plan. A Municipal Structure Plan is shown on Map 1 (see next page). Providing a vision of the Official Plan, it conceptually illustrates the relationship between the Official Plan at 2011 and the Durham Regional Official Plan at 2021.

47 Introductory Discussion Paper APPENDIX I v