Chairman and Members of the Planning and Development Committee. Thomas S. Mokrzycki, Commissioner of Planning and Building

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1 CD.04.COO DATE: TO: FROM: SUBJECT: Chairman and Members of the Planning and Development Committee Thomas S. Mokrzycki, Commissioner of Planning and Building Cooksville Creek - Special Policy Area Study MEETING DATE: October 1, 2001 ORIGIN: BACKGROUND: Planning and Building Department On November 18, 1999, Regional Council approved the following recommendation: RECOMMENDATION GC That the Region of Peel request the Credit Valley Conservation (CVC) to undertake a special policy area study of the Cooksville Creek, and assist the CVC and the City of Mississauga in this regard. This recommendation was approved in conjunction with the approval of Official Plan Amendment 69 which designated the lands on the west side of Camilla Road and north of the North Service Road as Residential High Density II. OPA 69 has been appealed by the CVC and the Ministry of Municipal Affairs and Housing (MMAH) to the Ontario Municipal Board (OMB). On February 28, 2000, the Planning and Development Committee considered a report titled "Cooksville Creek - Special Policy Area Study" dated February 8, 2000 from the Commissioner of Planning and Building and recommended the following: PDC :

2 PDC CD.04.COO "1. That the Planning and Building Department request the Minister of Municipal Affairs and Housing and the Minister of Natural Resources to grant approval in principle for initiating a Special Policy Area Study to assess the potential for development options and acceptable risk within the flood-prone areas of Cooksville Creek. 2. That a copy of this report titled "Cooksville Creek - Special Policy Area Study" dated February 8, 2000 from the Commissioner of Planning and Building be forwarded by the City Clerk to the Credit Valley Conservation, the Region of Peel, Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing." This recommendation was adopted by City Council on March 8, Credit Valley Conservation (CVC) Board of Directors also passed a resolution dated February 11, 2000 requesting the City to undertake a Special Policy Area (SPA) Study for the Cooksville Creek watershed and advising that the CVC is willing to participate in this initiative. On August 25, 2000, the Ministry of Municipal Affairs and Housing provided a letter to the City granting "Approval in Principle" to undertake a SPA study for the Cooksville Creek. On August 8, 2001, City Council passed Resolution which, among others things, reconfirmed City Council's commitment to proceed with the SPA study and to use the findings from the Cooksville Creek Flood Remediation Study as background information for the study. COMMENTS: A technical committee has been established consisting of representatives from the Province, the Region of Peel, CVC, Transportation and Works, Corporate Services and Planning and Building. A Terms of Reference for the study has received approval from the technical working committee with the

3 PDC CD.04.COO exception of the Province. Key components of the Terms of Reference include the following: Municipal Data Collection: compilation of information from appropriate studies that have addressed the flooding and erosion in the Cooksville Creek; complete land use assessment of the existing conditions of the Cooksville Creek flood plain including: existing land uses, identification of the locations of existing buildings and respective foot print sizes; determination of current approvals under existing land use polices and zoning by-law provisions and agency policies. Exhibit I shows the properties affected by the flood plain and their respective land uses. There are approximately 1,000 properties impacted by the flood plain which require examination of what is existing and what can be built under the existing regulatory regime. Technical Feasibility & Requirements: An examination of the technical feasibility of using the standard approach and non-standard policy approach for development within the flood plain including: determining if there are structural flood relief options available to the City; determination of the feasibility of flood proofing for individual sites both in terms of the structures and using cut and fill; determining the feasibility of using the Two-Zone approach (allowing some development along the flood fringe areas only); determining the feasibility of a reduced regulatory standard. This phase includes detailed hydraulic analysis to compare existing to proposed future development conditions. The CVC has stated that it will not accept off-site hydraulic impacts meaning that any option that would increase the depth or velocity

4 PDC CD.04.COO of flooding on another property is not acceptable. The results of the Cooksville Creek Flood Remediation Study forms the basis for much of the technical analysis. Identification and Evaluation Alternatives: consideration of alternative approaches to the handling of the problems of the flood prone areas including upstream and downstream effects of the alternatives; determination of properties that would benefit from a relaxation of the policies; examination of a range of development options based on a range of flood proofing standards; determination of the desired use of the lands. Risk Assessment: examination of the financial and legal implications of proceeding with SPA policies. Although one of the benefits of implementing SPA policies is the fact the liability is shared among the City, the Region, the CVC and the Province, each of the parties must agree that the benefits derived from allowing development in the regulatory flood plain are worth the risks assumed. If at this stage City Council is satisfied with the technical merits of reducing the flood standard, then detailed Official Plan polices must be developed. Policy Formation: development of policies and information to be included in the draft Official Plan Amendment. Approval of the SPA policies will be required from the Ministry of Municipal Affairs and Housing. Members of the Technical Committee have been advised that there are no guarantees that upon completion of this work that the flood standard will be reduced. Generally, Special Site Area Policies are created to allow for redevelopment of existing buildings within flood plains where otherwise they could not redevelop because of the flood

5 PDC CD.04.COO proofing requirements. They were not created for the sole purpose of increasing the development densities in flood plains and promoting new development. Notwithstanding this, the study will bring a conclusion to the issue of whether or not there is potential for development within the flood plain and provide the basis of guiding development in this area. It is estimated that the study will take approximately six months to complete, followed by a public process which may take a further six months to complete. The findings of the SPA study will provide the information needed to resolve the technical flooding issues surrounding the OPA 69 appeal and address the feasibility of lowering the flood standard for lands in the study area. Budget Implications Although some of the background information is readily available, outside consultants will be required to complete the study as this requires expertise over and above City staff. Given the pending OMB hearing on OPA 69 and other pressures for development in the study area it is critical that the study commence as soon as possible. In so far as the cost of this study is not part of the 2001 City Budget for the Planning and Building Department, and it will still be a number of months before funding for this study could be considered as part of the 2002 Budget process, this report is being presented at this time for approval of the use of contingency funds. It is anticipated that an upset limit for the study of $100, will be required to complete the work. CONCLUSION: Although, there is no certainty that the Cooksville Creek - Special Policy Area Study will result in a lowering of the flood plain standard, it will settle the issue regarding the feasibility of allowing additional development within the flood plain. It will draw on all previous technical studies, undertake some additional and risk analysis and provide planning rationale for further

6 PDC CD.04.COO decision-making. Due to the level of technical expertise required and the multi-disciplinary approach required, the study should be completed with outside professional services. Further, this study needs to proceed as quickly as possible given the impending OMB Hearing. RECOMMENDATIONS: 1. That City Council authorize the commissioning of the Cooksville Creek - Special Policy Area Study to be undertaken by consultants for a cost of not to exceed $100, with funding from the Corporate Contingency Account as set out in the report titled "Cooksville Creek - Special Policy Area Study" dated September 7, 2001 from the Commissioner of Planning and Building. 2. That the amount of $100, be transferred from the Corporate Contingency Account to the Planning and Building Department current budget, account , to fund the Cooksville Creek - Special Policy Area Study for the year That a copy of this report titled "Cooksville Creek - Special Policy Area Study" dated from the Commissioner of Planning and Building be forwarded by the City Clerk to the Credit Valley Conservation, the Region of Peel, Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing. Original Signed By: Thomas S. Mokrzycki Commissioner of Planning and Building K:\PLAN\POLICY\GROUP\_Reports\2001\P-October 1\reportoct2001.wpd