ACT CANADA Region of Peel TDM & Development Approvals Workshop Summary Report Revised: May 15, 2013
Peel Region TDM Workshop Report prepared by BA Consulting Group for ACT Canada
TABLE OF CONTENTS 1.0 WORKSHOP OVERVIEW 1 1.1 Cross Canada Workshop Series 1 1.2 Region of Peel Workshop 1 1.3 Purpose of this Report 2 2.0 SUMMARY OF WORKSHOP ACTIVITIES 2 3.0 CASE STUDY EXERCISE SUMMARY 5 3.1 Case Study 1 GO-ing to Live in Brampton 6 3.2 Case Study 2 To be (urban) or not to be (urban) 9 3.3 Case Study 3 Intensifying in a World of Shoppers 11 3.4 Case Study 4 Boltin for Bolton 14 3.5 Case Study 5 Getting Serious About Parking 16 4.0 OUTCOMES 18 5.0 PARTICIPANT SURVEY 19 6.0 RECOMMENDATIONS AND NEXT STEPS 20 TABLE OF APPENDICES APPENDIX A: APPENDIX B: Copy of Workshop Agenda Case Study Descriptions & Support Material PEEL REGION TDM WORKSHOP REPORT APRIL, 2013 7194-02 P:\71\94\02\Workshop Report\Workshop Report - May2013 Final\TDM & Development Approvals Workshop Report - FINAL.docx
1.0 Workshop Overview 1.1 Cross Canada Workshop Series The Peel Region Transportation Demand Management (TDM) & Development Approvals Workshop conducted by ACT Canada, is the first in a series of cross-canada knowledge exchange workshops that focuses on the relationship between TDM and Land Development. The workshop series led by BA Group, is the next step outlined in the ACT Canada TDM & Development Approvals Research Report, which calls for a series of targeted outreach workshops. The workshop series aims to address three major challenges faced by municipal staff around development approvals and Transportation Demand Management through knowledge transfer and exchange. The three major challenges include: (1) the disconnect between land-use / development planning and transportation planning functions within municipalities; (2) the continued focus on road expansion and improvements, as the primary means to accommodate new trips generated by a proposed development, instead of aiming to reduce the number of auto trips generated; and (3) existing municipal Zoning By-laws have not been updated to encourage developers to construct sustainable developments (e.g. bicycle parking, showers/change room facilities, maximum parking requirements, etc). Outcomes of the workshop include: 1. Lessons learned & best practices; 2. Benefits of TDM at the development approval level; 3. Guidelines for effectively implementing TDM practices in your municipality; 4. Clear, implementable recommendations; and 5. TDM and land development integration success strategies, initiatives and opportunities. 1.2 Region of Peel Workshop The Region of Peel TDM workshop was held on November 23, 2012 and was attended by 101 participants from the Region of Peel and the three area municipalities (Brampton, Caledon, and Mississauga). Participants came from a variety of professional backgrounds and municipal government departments including: planners, engineers, and public health professionals or practitioners. PEEL REGION TDM WORKSHOP REPORT 1 7194-02 April, 2013
1.3 Purpose of this Report This report provides a summary of the Region of Peel TDM Workshop, including: A summary of workshop activities case study findings; workshop outcomes; a summary of participant feedback; and recommendations and next steps. 2.0 Summary of Workshop Activities The Region of Peel TDM & Development Approvals Workshop was comprised of five presentation-based modules and a case study exercise. The presentations were designed to provide a comprehensive background on implementing TDM as part of the development approvals process, and to provide a variety of perspectives on TDM and Land Development. The five presentation modules of the workshop were: 1. the current state of TDM in Peel Region and its member municipalities; 2. an overview of TDM and the development approval process; 3. guidelines on incorporating TDM into the development approval process; 4. TDM from a developer s perspective; and 5. the legal implications of TDM. A copy of the detailed agenda from the Region of Peel TDM Workshop is attached in Appendix A. A copy of the presentation can be downloaded by visiting: http://www.actcanada.com/en/downloads/act_canada_tdm_workshop_peel_region_nov23. 2012_Final.pdf Overview of the Current State of TDM in Peel Region A representative from the Region of Peel and each of the local municipalities provided a brief 10-15 minute presentation on the current TDM practices that were ongoing in each agency. The speakers were: Region of Peel Wayne Chan, Manager of Transportation Planning; City of Brampton Alex Taranu, Manager of Architectural Design; Town of Caledon Jeremy Schembri, Environmental Progress Officer; and Lorenzo Mele TDM Coordinator, City of Mississauga. PEEL REGION TDM WORKSHOP REPORT 2 7194-02 April, 2013
Overview of TDM and the Approvals Process Mark Jamieson of BA Consulting Group provided a presentation that provided an overview of TDM and the approvals process. Key items covered: The differences between TDM and TDM for new development; TDM & New development resources; A review of best practices; The link between Parking and TDM; TDM and the Traffic Impact Study ; and The challenges and opportunities associated with monitoring and enforcement. Guidelines for Incorporating TDM into the Approvals Process Two presentations were given that provided participants with guidelines on how municipal practitioners can implement TDM as part of the approvals process. First, Asher Mercer, TDM Coordinator for York Region, provided participants with an overview of York Region s current approach to implementing TDM in new developments. Highlights included: York Region s approach; Overviews of case study developments from York Region; Challenges experienced in York Region; and Next steps for York Region s TDM Program. Following Asher s presentation, Mark Jamieson of BA Consulting Group gave a presentation that discussed various approaches on how municipalities could incorporate TDM into the approvals process. The approaches discussed include: utilizing LEED as a basis for implementing TDM; utilizing parking reduction incentives to implement TDM; utilizing a TDM checklist; and utilizing mandatory requirements (e.g. Zoning) to implement TDM. The Legal Implications of TDM After lunch a presentation was provided on how TDM requirements for new developments are considered under the Ontario Planning Act. The purpose of this module was to provide workshop participants with a better understanding of what legal grounds a municipality or region has for requiring TDM strategies under the Planning Act. The speaker was Doug Gates who is the former senior legal counsel for the Region of Peel. Mr. Gates is also a former Member of the Ontario Municipal Board (OMB) who presided over numerous development PEEL REGION TDM WORKSHOP REPORT 3 7194-02 April, 2013
appeals and is extremely well versed in applying and interpreting the language of the Ontario Planning Act. Mr. Gates provided an overview of key Sections in the Ontario Planning Act that apply to the most common approvals processes that a municipality considers. For each type of process Mr. Gates gave an in depth assessment on how the current language in the Planning Act could be used to support TDM initiatives. The discussions focused on the following processes: zoning (land use) changes (Sections 34, 34(16), 37 & 40 of the Planning Act); site plan applications (Sections 41 of the Planning Act); and land division (Section 51(18) of the Planning Act). Mr. Gates overall conclusion was that the Planning Act in its current form is outdated and is focused on auto-oriented development. As such it needs additional language that better supports TDM requirements. This includes provincial approval of regulations associated with Section 34(16) of the Planning Act that would permit municipalities the ability to approve conditional zoning approvals. In the meantime however Mr. Gates pointed out language in the Planning Act that could be pointed to by municipalities to support any potential TDM requirements that they considering placing on new developments. TDM from the Developers Perspective One of the key modules of the workshop was a presentation by John Filipetti, Vice-President of Development of Oxford Properties, a major property owner and developer in Peel Region. Mr. Filipetti provided an overview of the challenges and opportunities of implementing TDM into new development sites. Mr. Filipetti was asked what he thought about implementing the following TDM strategies in new developments: providing free transit passes to occupants / residents; joining an area Transportation Management Association (e.g. SmartCommute); minimizing parking (i.e. parking maximums for office uses); completing a TDM checklist; and utilizing LEED to implement TDM. One of Mr. Filipetti s key messages with respect to TDM was the importance of Regional equity in terms of applying TDM requirements. It is important that municipal governments treat all developments equally when applying TDM requirements so that a development in one area is not put at a competitive disadvantage compared to another. For example, if a TDM checklist was applied to the developments, Mr. Filipetti noted that this requirement should be applied across the city to be equitable. PEEL REGION TDM WORKSHOP REPORT 4 7194-02 April, 2013
Case Study Exercise Following the presentations, attendees were divided into groups for a case study exercise based on the municipality or department they were from. Each group received a hypothetical proposed development in Brampton, Caledon or Mississauga, and were asked to answer a series of questions. The questions prompted groups to suggest appropriate TDM strategies for their respective developments and identify solutions to obstacles that may prevent the strategies from being adopted. 3.0 Case Study Exercise Summary Five case studies were developed to highlight the various TDM challenges and opportunities that arise during the development approvals process. Each case study was set in a different area of Peel Region and included a variety of development land uses. The urban context (i.e. urban vs. suburban) of each case study also varied to highlight the differences in how TDM should be approached in different urban contexts. Each of the case studies was given a name and a fully developed hypothetical development plan including proposed land uses. The case studies are shown in the following table. TABLE 1 SUMMARY OF CASE STUDIES Name Location Type Urban Context 1. Go-ing to Live in Brampton 2. To be (urban), or not to be (urban) Brampton Single family residential Greenfield suburban site Mississauga Commercial office Suburban office park 3. Intensifying in a World of Shoppers Brampton Mixed use (retail & residential) Mid-urban Mobility-hub 4. Boltin for Bolton Caledon Industrial Suburban industrial park 5. Getting serious about parking Mississauga Commercial office Urban centre / downtown area Attendees were divided into groups of 6-8 people. Groups were predetermined to ensure that attendees worked on case studies relevant to the planning contexts of their own municipality. The following sections provide a summary of the discussion and responses for each case study. A copy of the full case studies and the supporting material provided for each case are shown in Appendix B. PEEL REGION TDM WORKSHOP REPORT 5 7194-02 April, 2013
3.1 Case Study 1 GO- ing to Live in Brampton 3.1.1 Case Study Description A developer is requesting a draft plan approval from the municipality for a subdivision of approximately 500 homes as a part of the ongoing development in northwest Brampton. Approval is also required from the Region for a new intersection with Mississauga Road. A GO Transit station is located approximately 2.5 kilometres away, but parking spaces are filled to capacity in the morning and on-street parking is very limited. Brampton transit plans to run a future bus route running north-south along the transit spine, which will connect to the GO Station. In addition, an elementary school site is planned with in the draft plan area. 3.1.2 Case Study Goals This case study was intended to help attendees understand what TDM strategies are best suited for suburban green-field residential developments. The case study includes information about access to a nearby commuter rail station (GO Train Station) which is intended to draw out thinking regarding how municipalities can promote use of commuter rail through TDM applied through the development process. Key challenges that the case study was designed to highlight include how do municipalities make linkages to commuter transit stations in developing areas, and how do municipalities require programmatic TDM strategies when the draft plan process is primarily focused on providing infrastructure. The case study is also intended to highlight the challenges and opportunities associated with the project requiring approval from both the Regional Agency (i.e. Peel Region) and the local municipality (i.e. the City of Brampton). Lastly, another theme that the case draws attention to is how school travel planning and site selection during can be integrated into the draft plan stage of the approvals process. PEEL REGION TDM WORKSHOP REPORT 6 7194-02 April, 2013
3.1.3 Participant Responses After reading the case, attendees were asked to answer a number of questions. The questions and a summary of the answers are provided below. TABLE 2 CASE 1 RESPONSE SUMMARY Question Response Section A TDM Strategies What types of TDM strategies might be applicable to this site? How can the Town get the TDM strategies incorporated into the site plan (i.e. what different mechanisms or methods could be used?) 1. Bike parking facilities at GO stations. 2. Sidewalk and bike lane infrastructure paid for by the developer. 3. Education and outreach events on transportation options. 4. Carpool parking spaces at GO stations. 5. Develop active transportation infrastructure 6. Develop outreach programs to assist travel planning for residents. 7. Provide carpool parking spaces. 1. Existing policies need to be strengthened at the provincial, regional and city level. Section B Legal Considerations If the TDM requirements being asked for were challenged at the OMB, does the Planning Act and the current Town OP provide enough support to provide enough support to provide a basis for asking for TDM strategies outlined in Section A? What additional policies or tools would be helpful to add justification for asking for TDM strategies? 1. Under the current policy framework, it is difficult to impose TDM requirements on developers. 1. Strengthening TDM policies in the Planning Act, Brampton Official Plan and Transportation Master Plan. 2. Phasing development until the infrastructure is in place. 3. Engage developers while providing incentives for developers to implement TDM strategies. Section C Stakeholders Who (or what department) would be responsible for asking for TDM requirements? Who should be responsible? What role does the Region have in a situation like this? What should be the Region s role be? What other partners or stakeholders could be involved? 1. City and or Region would be responsible depending on conditions and location. 2. Development planner should be responsible. 3. Transportation planner should be responsible. 1. Must provide comments to the city. 2. Should carry out the conditions. 1. Landowners. 2. GO Transit. 3. Brampton Transit. 4. Smart Commute PEEL REGION TDM WORKSHOP REPORT 7 7194-02 April, 2013
TABLE 2 CASE 1 RESPONSE SUMMARY (CONTINUED) Question Response Section D School Travel Planning What is the typical process for planning the school site? What TDM strategies would be applicable to reduce vehicle demand to/from the school site? How can school travel planning be incorporated into the approval process? Is the draft plan the correct application to try and integrate school based TDM? 1. Developer determines the school block. 2. School site plan is submitted to the City. 3. School block checked with guidelines for the schools location. 1. Providing bike racks and infrastructure for students to get to school. 2. Preventing kiss & ride facilities to deter parents dropping of their kids using a vehicle. 3. Implement school travel plans. 4. Establish stops where children can be meet up to walk to school. 5. Bicycle education. 6. TDM programs for school staff. No response. Section E Challenges and Opportunities Threats: 1. Houses being occupied before schools is built. 2. No sidewalk for school kids forcing them to take bus. 3. No gradual transit service. What are the threats and challenges to incorporating TDM into a site like this? What are some potential solutions to these challenges? How can the City/Region secure and ensure the implementation of the proposed TDM strategies? Potential Solutions: 1. Build sidewalk before people move in. 2. Apply social marketing and incentives for the area. 3. Provide better cycling infrastructure. 4. Strengthen policies and by-laws for active transportation. 5. Organize community carpool for the parents based on schools. 6. Work with the school board. 7. Operate transit service as people move in. No response. PEEL REGION TDM WORKSHOP REPORT 8 7194-02 April, 2013
3.2 Case Study 2 To be (urban) or not to be (urban) 3.2.1 Case Study Description A developer has submitted a site plan application for a new corporate office development of approximately 27,000 square metres in GFA in the existing Mississauga Meadowvale Businesses Park with several thousand workers. The area is characterized by low density employment uses with large surface parking lots, the developer is proposing to provide parking at a rate higher than is required by the zoning by-law. The Business Park has limited walking/cycling potential and the majority of the people arrive by private automobile; however, Mississauga & Brampton Transit operate bus routes in the area and Meadowvale GO Station is located 2.5 kilometres away. The developer is not willing to consider any unnecessary transportation requirements that are explicitly required by the city. 3.2.2 Case Study Goals The main theme of this case study was intended to be how to address the challenges of incorporating TDM strategies into a site plan process for an office use in an area that has been built up based on abundant free parking and easy access for cars and relatively difficult transit accessibility (in comparison to private automobiles). Specifically, this case addresses the tension that exists between developers who desire providing more free parking to meet the desires of building tenants which conflicts with any the TDM objectives that the municipality or agency may have. This case study is also intended to help attendees understand what specific TDM strategies are most appropriate in a suburban office park context. Potential TDM strategies that were highlighted include the use of a private shuttle to get to/from the commuter rail station, methods of supporting carpooling and vanpooling, and the need to consider charging for parking. Lastly, another theme this case study highlights is the how a site plan application is different from other types of planning applications (e.g. re-zoning, official plan amendment) in terms of the what TDM strategies can be legally required by a public agency. 3.2.3 Participant Responses After reading the case, attendees were asked to answer a number of questions. The questions and a summary of the answers are provided below. PEEL REGION TDM WORKSHOP REPORT 9 7194-02 April, 2013
TABLE 3 CASE 2 RESPONSE SUMMARY Question Response Section A TDM Strategies What types of TDM strategies might be applicable to this site? 1. A shuttle service to / from the nearby GO station. 2. Use of TDM checklist through the Green Development Standards to lower parking minimums. 3. Establish van / carpool parking spaces. 4. Incorporate end-of-trip cycling facilities into new development. 5. Proper cycling access (letter of credit) How can the Town get the TDM strategies incorporated into the site plan (i.e. what different mechanisms or methods could be used?) No response. Section B Legal Considerations If the TDM requirements being asked for were challenged at the OMB, does the Planning Act and the current Town OP provide enough support to provide enough support to provide a basis for asking for TDM strategies outlined in Section A? What additional policies or tools would be helpful to add justification for asking for TDM strategies? Chapter 8 of Mississauga s Official Plan suggests several TDM measures, but language is soft. Should be amended to be more assertive. 1. Change Zoning By-laws to reflect direction of the city s governing documents. 2. Letter of credit. Section C Stakeholders Who (or what department) would be responsible for asking for TDM requirements? Who should be responsible? What role does the Region have in a situation like this? What should be the Region s role be? What other partners or stakeholders could be involved? Current arrangement is best. Transportation & Works Department assumes responsibility for TDM, cycling, transit, development applications, transportation planning, and by-law enforcement. Comment on applications, but in keeping with the Official Plan and in support of city requests. Employers could form or join a Transportation Management Associations (TMA) with other companies in the area to try and collectively improve transportation options. (e.g. Smart Commute Mississauga is a TMA). Section D Parking Considerations What is the Zoning By-law parking requirement for the site? How does it relate to what is being proposed? How much parking should be provided and why? 3.2 spaces per 100 metres squared. Goal should be established to minimize the parking provided. No response. PEEL REGION TDM WORKSHOP REPORT 10 7194-02 April, 2013
TABLE 3 CASE 2 RESPONSE SUMMARY (CONTINUED) Question Response Section E Challenges and Opportunities How could the municipality encourage the developer to provide the desired (i.e. a lower) amount of parking for the site? What are the threats and challenges to incorporating TDM into a site like this? What are some potential solutions to these challenges. 1. Use density has a bonus. 2. Phase parking as needed. Build less at the start. No response. 3.3 Case Study 3 Intensifying in a World of Shoppers 3.3.1 Case Study Description A developer has submitted an Official Plan Amendment, Zoning By-law Amendment, and site plan application for a mixed-use project (retail and residential) in Brampton. The plan includes 250 new residential units and 150,000 square feet of retail space and approximately 10,000 square feet of professional offices. The area can generally be classified as mid-urban; it is near a significant intersection of two six-lane regional roads, and is proposing to construct a new driveway onto a regional road to provide access to the retail portion of the site. The site is one of the last vacant parcels of land in the area and the adjoining properties fronting the regional roads have large format retail uses including a regional shopping centre across the street known as Shoppers World. The site is well served by transit owing to the presence of a regional transit terminal on the shopping centre property that has 11 transit routes and connections to Mississauga & GO Transit. The transit terminal is also a designated Mobility Hub in the provincial growth plan which makes the area around the transit station a candidate for intensification. 3.3.2 Case Study Goals This case addresses the TDM opportunities and challenges of a large scale mixed-use development that is located in an urbanizing area, which has good access to transit and should therefore be a good candidate for TDM initiatives. One of the main objectives of this case was to consider what TDM strategies were most appropriate to encourage use of the adjacent transit terminal. Examples include: improving pedestrian connections from the site to the transit terminal, providing free transit passes to home buyers as an incentive to get PEEL REGION TDM WORKSHOP REPORT 11 7194-02 April, 2013
them to try transit, and providing cycling amenities on the retail site for employees of the office and retail space. Another objective of the case was for participants to discuss the legal implications between the different types of development applications (e.g. OPA, rezoning, site plan, and draft plan). Understanding the different legal environments is important as it provides a basis for staff to understand what TDM strategies can be legally required for each type of application. In addition, the case was intended to highlight the need to provide a TDM supportive parking supply for all uses within the project, including discussing how municipal practitioners can ensure that these goals are achieved. Lastly, this case was also designed to raise the question over how approval agencies should respond to greater investment of TDM as traffic impact mitigation initiatives in response to an at capacity intersection adjacent to the site. 3.3.3 Participant Responses After reading the case, attendees were asked to answer a number of questions. The questions and a summary of the answers are provided below. TABLE 4 CASE 3 RESPONSE SUMMARY Question Response Section A TDM Strategies What types of TDM strategies might be applicable to this site? How can the Town get the TDM strategies incorporated into the site plan (i.e. what different mechanisms or methods could be used?) 1. End-of-trip cycling facilities. 2. Dedicated carpool parking. 3. Transit supportive building design and orientation. 4. Reduced parking standards. 5. Pedestrian friendly transit terminal. 6. Shared parking 7. Join Smart Commute program. 8. Letter of credit. No response. Section B Legal Considerations If the TDM requirements being asked for were challenged at the OMB, does the Planning Act and the current Town OP provide enough support to provide enough support to provide a basis for asking for TDM strategies outlined in Section A? Q: What additional policies or tools would be helpful to add justification for asking for TDM strategies? 1. TDM plans are weak and may not hold up and on the OMB 2. An analysis of traffic and parking reductions would be required to support TDM strategies. 1. Official Plan policies that enable TDM measures and support no parking. 2. Council resolution that outlines TDM plan specifications and requirements. PEEL REGION TDM WORKSHOP REPORT 12 7194-02 April, 2013
TABLE 4 CASE 3 RESPONSE SUMMARY (CONTINUED) Question Response Section C Stakeholders Who (or what department) would be responsible for asking for TDM requirements? Who should be responsible? What role does the Region have in a situation like this? What should be the Region s role be? What other partners or stakeholders could be involved? Lower tier governments should assume responsibility for TDM requirements. The Region should support TDM by coordinating information sharing, providing comments to the lower tier government, and be a service provide for TDM programs (i.e. Smart Commute). Transit agency. Section D Parking Considerations What is the Zoning By-law parking requirement for the site? How does it relate to what is being proposed? How much parking should be provided and why? How could the municipality encourage the developer to provide the desire amount of parking for the site? No response. 1. Shared parking (retail). 2. Car share parking. 3. Cash in lieu. 4. Need strong policy framework. Minimum amount in the By-law. Require a parking structure. Section E Challenges & Opportunities What are the threats and challenges to incorporating TDM into a site like this? What are some potential solutions to these challenges? Threats 1. Providing too much incentive. 2. Official Plan is not strong, no requirements. 3. Fuzzy wording in Official Plan. 4. Project is too new. 5. Implementation and monitoring. Potential Solutions: 1. Use LOS policies as leverage to mitigate. 2. TDM part of traffic impact studies. PEEL REGION TDM WORKSHOP REPORT 13 7194-02 April, 2013
3.4 Case Study 4 Boltin for Bolton 3.4.1 Case Study Description A Toronto manufacturing firm with 120 employees is proposing to relocate their facilities to Bolton. They have filed a site plan application for a 5000 square metre industrial building located in a new industrial area. The development would be constructed completely within its zoning permissions from a setback, parking, loading, and lot coverage perspective. The site plan proposes to provide 120 parking spaces to ensure all employees have a location to park. The area is characterised as a developing suburban industrial area with several vacant yet to be developed properties located on a new industrial collector road. The site is located about 600 metres from the major arterial street which is where all traffic is generally oriented to and from. There is minimal transit access and there is no retail or ancillary services located within walking distance. The majority of the employees do not reside in Bolton, and a large number of staff are concentrated near the old facility, and in Mississauga. It is also noted that only half of the staff will be present on site due to shiftwork. 3.4.2 Case Study Goals The case study highlights the challenges of incorporating TDM in a suburban industrial area where there is little or no alternative means of transportation. The key TDM consideration the potential for the municipality to leverage the shift work of the employer into a TDM opportunity; specifically, how carpooling is a viable alternative when there are multiple people living in close proximity working similar shifts. Another goal of this case was to highlight how municipalities can minimize unnecessary overprovision of parking. In this case, the developer wishes to provide 120 parking spaces which exceeds the minimum requirement in the Zoning By-law. However due to the shift work only about 60 people (at most) will be present at any given time. This case therefore focuses on discussing how the municipalities can encourage or incent developers to not to over provide parking when it is not really required. 3.4.3 Participant responses After reading the case, attendees were asked to answer a number of questions. The questions and a summary of the answers are provided below. PEEL REGION TDM WORKSHOP REPORT 14 7194-02 April, 2013
TABLE 5 CASE 4 RESPONSE SUMMARY Question Response Section A TDM Strategies What types of TDM strategies might be applicable to this site? How can the Town get the TDM strategies incorporated into the site plan (i.e. what different mechanisms or methods could be used?) 1. Reduced parking standards. 2. Phased parking as required. 3. Carpooling and vanpooling. 4. Shuttle bus to transit facility. Reduction charge reduction in exchange for TDM strategies. Section B Legal Implications If the TDM requirements being asked for were challenged at the OMB, does the Planning Act and the current Town OP provide enough support to provide enough support to provide a basis for asking for TDM strategies outlined in Section A? What additional policies or tools would be helpful to add justification for asking for TDM strategies? The town currently provides a reduction of development fees for buildings that achieve LEED Gold; however, it was noted that if these requirements were challenged at the OMB, it would unlikely be supported. Require transportation studies to include potential TDM measures would be helpful to add justification for TDM strategies in new developments. Section C - Stakeholders Who (or what department) would be responsible for asking for TDM requirements? Who should be responsible? What role does the Region have in a situation like this? What should be the Region s role be? What other partners or stakeholders could be involved? Requested by the Site Plan Coordinator during the site plan review process. The Region should play a limited role in a situation such as this and only provide peer review support. Region of Peel Public Health Department staff should be included as a stakeholder to provide support. Section D Parking Considerations What is the Zoning By-law parking requirement for the site? How does it relate to what is being proposed? How much parking should be provided and why? How could the municipality encourage the developer to provide the desire amount of parking for the site? No response. No response. Minimum amount required in the By-law. Encourage flexible landscaping areas to be shown on the site plan, which could be later converted to parking if needed. Section E Challenges and Opportunities What are the threats and challenges to incorporating TDM into a site like this? What are some potential solutions to these challenges? How can the Town/Region secure and ensure the implementation of the proposed TDM strategies. A variance would be required to further reduce parking standards. 1. Section 40 of the Planning Act would provide support. 2. Town may need to provide financial support or incentives. PEEL REGION TDM WORKSHOP REPORT 15 7194-02 April, 2013
3.5 Case Study 5 Getting Serious About Parking 3.5.1 Case Study Description A developer is interested in constructing a new 12-storey, 31,000 square metre office building with approximately 1,100 full time employees in Mississauga City Centre. The project would be located on an infill site that currently exists as a 200 space surface parking lot that is used for an adjacent office building. The area is within Mississauga s downtown area and is surrounded by other office uses and Square One Mall (a regional shopping centre). The site is located immediately next to an intersection with Hurontario Street, a main arterial in Mississauga that is proposed to have a Light Rail Transit (LRT) Line running along it thus putting the site in close proximity to a future rapid transit line. The Official Plan designates the site as Downtown Mixed Use and the site is zoned H-City Centre-2, which permits a variety of uses, including office, retail, and residential. However, the site is subject to a holding provision which provides the City with additional leverage to extract concessions from the developer. The Zoning By-law parking requirement for the site is 990 spaces, which would require the construction of an above group parking garage; however there is likely insufficient road capacity at the adjacent arterial intersections to accommodate this number of new parking spaces. 3.5.2 Case Study Goals The primary focus of this case study is exploring how parking supply and TDM must be considered together as part of the development approvals process. The challenge highlighted by the case is how to balance the desires of a developer (who wishes to provide more parking to compete with suburban office locations) with the need to minimize parking to support use of the future transit rapid line, and to minimize the traffic impact on the area intersections. A secondary purpose of this case was to discuss what TDM strategies are most appropriate for a site in this type of urban context, and what legal basis would the municipality have for requesting TDM strategies as part of the approvals process if the developer appealed what the municipality was requesting to the Ontario Municipal Board (OMB). 3.5.3 Participant Responses After reading the case, attendees were asked to answer a number of questions. The questions and a summary of the answers are provided on the following page. PEEL REGION TDM WORKSHOP REPORT 16 7194-02 April, 2013
TABLE 6 CASE 5 RESPONSE SUMMARY Question Response Section A TDM Strategies What types of TDM strategies might be applicable to this site? How can the Town get the TDM strategies incorporated into the site plan (i.e. what different mechanisms or methods could be used?) 1. Shared parking. 2. Discount transit pass. 3. Paid parking. 4. End-of-trip cycling facilities. 5. Pedestrian oriented site design and integrated public transportation. 6. Maximum parking rates. 7. Emergency ride home program. 8. Transportation options marketing. 1. Enter into discussions with the developer. 2. Development charge reduction as an incentive. Section B Legal Considerations If the TDM requirements being asked for were challenged at the OMB, does the Planning Act and the current Town OP provide enough support to provide enough support to provide a basis for asking for TDM strategies outlined in Section A? What additional policies or tools would be helpful to add justification for asking for TDM strategies? Unlikely that requirements would stand up, as the Planning Act does not provide strong wording. Additional TDM polices in the Official Plan. Section C - Stakeholders Who (or what department) would be responsible for asking for TDM requirements? Who should be responsible? What role does the Region have in a situation like this? What should be the Region s role be? What other partners or stakeholders could be involved? Joint policy discussions between the Transportation & Works and Development & Design departments. However, Development & Design would be responsible for asking for the TDM requirements and associated studies. Region should play a limited role unless willing to provide development charge relief. 1. Smart Commute 2. MTO 3. Metrolinx Section D Parking Considerations What is the Zoning By-law parking requirement for the site? How does it relate to what is being proposed? How much parking should be provided and why? How could the municipality encourage the developer to provide the desire amount of parking for the site? 1. 3.2 parking spaces per 100 metres square GFA. 2. Shared parking yields less. 3. 992 spaces required +200 4. 2.0 parking spaces per 100 metres square GFA. Further reduced through shared parking, plus other TDM provisions. No response. 1. Attempt to convince developer through meetings. 2. Green P Parking (i.e. have municipality provide public parking nearby as a shared resource) PEEL REGION TDM WORKSHOP REPORT 17 7194-02 April, 2013
TABLE 6 CASE 5 RESPONSE SUMMARY (CONTINUED) Question Response Section E Challenges and Threats What are the threats and challenges to incorporating TDM into a site like this? What are some potential solutions to these challenges? Threats: 1. Tennant cannot be found. Potential Solutions: 1. Green P Parking 2. Marketing downtown. 3. Enhanced transit (BRT, LRT) 4.0 Outcomes As a result of previous work that has been conducted, ACT Canada developed this workshop series to address the many challenges faced by planners, engineers and TDM practitioners working to implement TDM at the municipal level. The following outlines important lessons learned and key outcomes from the workshop: 1. There are already a number of useful resources available to TDM practitioners that provide information and guidance on TDM. Most recently, ACT Canada published a report titled, TDM Supportive Guidelines for Development Approvals, which provides sample checklists of TDM measures that municipalities can utilize for their individual needs. 2. Although existing policies and legislation may not fully support TDM, TDM strategies can still be required and implemented under the current policy environment. For example, Official Plan and Zoning By-law amendments give municipal staff considerable flexibility to ask for TDM in new developments and physical infrastructure can be legally requested under the Planning Act (Sections: 34, 34(16), 37, 40, 41, and 51(18). 3. There are a variety of approaches that municipal staff can use to assist them in implementing TDM into the approvals process including: i) applying TDM checklists; ii) allowing parking reductions in exchange for TDM; iii) implementing mandatory zoning controls; and iv) using the LEED transportation credits as an approvals requirement. 4. There are numerous success stories from municipalities across the GTHA that have successfully required and implemented TDM measures. For example, York Region successfully required a recent high-density residential development in Richmond Hill to adopt a number of TDM measures. These measure include: ground floor secured bicycle storage, outdoor bicycle parking, one-time $200 preloaded PRESTO card for PEEL REGION TDM WORKSHOP REPORT 18 7194-02 April, 2013
every unit, TDM information package for buyers, TDM manual for the Condo Board, and reserved parking spaces for Auto-share. 5. The type of TDM strategies that apply to a development depend on the urban context of the site (e.g. urban core areas with high transit accessibility vs. suburban areas). The urban context of a site must therefore be taken into consideration by municipal staff when considering what TDM strategies will be requested in a new development. 6. Parking requirements in the prevailing zoning by-laws need to be considered in conjunction with any TDM requirements to ensure that the success of TDM initiatives implemented in new developments is not undercut by an excess of available free parking. 7. Developers are often willing to consider implementing TDM measures if they can see the benefits, and recognize that TDM requirements are being applied equitably across the region. 8. While the types of TDM strategies will depend on the context of a development, it is crucial to apply a consistent TDM approach to all development sites regionally to ensure that one developer in one area not put at a competitive disadvantage compared to other locations. 9. Under the current legislation, such as the Ontario Planning Act, there are some mechanisms that can help planners to request implementation of TDM measures. For example, if municipalities update their government planning documents to embrace TDM supportive policies, there are a number of provincial Planning Act policies that will legally back the TDM measures. Section 34 (land-use controls), Section 37 (density), and Section 40 (parking requirement exemptions) are extremely helpful regulations. 10. Notwithstanding the above, the language of the Planning Act does need to be strengthened to make it more supportive of TDM requirements instead of auto requirements. Approval of a provincial regulation making Section 34(16) of the Planning Act enforceable will give municipalities the power to approve conditional zoning which will provide greater leverage in requiring TDM strategies in new developments. 5.0 Participant Survey Participants who attended the workshop were provided with a feedback survey at the end of the day to gain feedback on the structure of the workshop, whether the content helped improve their knowledge, and whether they thought it was useful. The survey revealed that participants felt their knowledge of TDM and development approvals increased substantially after completing the workshop. Highlights of the survey include: PEEL REGION TDM WORKSHOP REPORT 19 7194-02 April, 2013
45.1% of participants rated their knowledge of this topic as Good to Excellent before the workshop which rose to 88.2% after the workshop; 94% of participants indicated they would recommend the workshop to colleagues; respondents indicated they liked the ability to hear the developer s perspective, the use of case studies, and learning what other municipalities are doing with respect to TDM; and 39% of participants ranked their confidence within the context of TDM and development approvals before the workshop which rose to 82% after the workshop. In general people thought the workshop proved to be an effective tool at improving the understanding of TDM and the development approvals process amongst the planning community. 6.0 Recommendations and Next Steps The following recommendations and next steps outline opportunities for improved TDM & Land Development integration. These recommendations and next steps will evolve and develop as the workshop moves across Canada. Additional workshop responses, participant feedback and best practices will be consolidated into these recommendations. 1. Strengthen TDM related policies in the upcoming regional and area municipal Official Plan Review. 2. Establish a process to incorporate TDM measures as part of the development approval process (Currently there is no legislative backing). 3. Revise Zoning By-laws to support TDM (in particular parking standards). 4. Organize stakeholder consultation with transit agencies to integrate transit infrastructure or programs into development approvals (e.g. developer sponsored transit program/infrastructure). 5. Revise Transportation Impact Study Guidelines to include a TDM plan. 6. Willingness to go to OMB to defend TDM requirements (e.g. York Region) 7. Transportation planning staff should work closely with policy, land-use, development approval, and Health Department staff so that TDM can be fully integrated into the planning and development approval process. Identify existing opportunities within the current framework. PEEL REGION TDM WORKSHOP REPORT 20 7194-02 April, 2013
8. Develop tools to make TDM requirements easier to implement (e.g. check lists, TIS guidelines, etc.), or guidelines for incorporating TDM into the development approval process. PEEL REGION TDM WORKSHOP REPORT 21 7194-02 April, 2013
APPENDIX A: Copy of Workshop Agenda Note: Presentations from the workshop are located on the ACT Canada website at: http://www.actcanada.com/en/downloads/act_canada_tdm_workshop_peel_region_nov23. 2012_Final.pdf 7194-02 April, 2013
TDM & Development Approvals Workshop Participant Agenda November 23 rd, 2012 REGISTRATION & BREAKFAST: 8:00AM TO 8:45AM 1. Introductions and the Case for TDM 8:45 am 9:15 am Moderated by BA Group 2. The Power of a Shared Vision 9:15 am 9:30 am Video: TDM in Arlington Virginia 3. The Current State of TDM in Peel Region 9:30 am 10:15 am Region of Peel, Town of Caledon, City of Brampton, City of Mississauga <15 MINUTE BREAK> 4. TDM and the Development Approvals Process 10:30 am 11:30 am Led by BA Group 5. Incorporating TDM into the Development Approval Process in Peel Region 11:30 am 12:15 pm Led by BA Group LUNCH: 12:15 PM TO 1:15 PM [DURING LUNCH GROUPS WILL BE ASKED TO REVIEW CASE STUDIES INCLUDING BACKGROUND MATERIAL SO THAT THEY CAN THINK ABOUT THEM BEFORE THE WORKSHOP ACTIVITY] 6. TDM from the Developer s Perspective 1:15 pm 1:30 pm John Filipetti, Oxford Properties Group 7. The Legal Implications of TDM 1:30 pm 2:00 pm Doug Gates, Former Senior Legal Counsel, Peel Region 8. Case Study Workshop Exercise 2:00 pm 3:00 pm Moderators to work with groups on case studies at each table <15 MINUTE BREAK> 9. Group Reporting 3:15 pm 3:45 pm Moderated by: BA Group 10. Summary & Closing Thoughts 3:45 pm 4:00 pm Led by BA Group ADJOURN: 4:00 PM 1
APPENDIX B: Case Study Descriptions & Support Material 7194-02 April, 2013
Peel Region TDM Strategy WORKSHOP TDM Problem Case Study 1 Instructions: Review scenario as a group and answer the questions below. Appoint an individual to record the discussion. After the break, teams will be asked to present their findings to the group. GO ing to live in Brampton Scenario: A residential area of approximately several thousand new units is being planned in northwest Brampton. A developer is submitting a draft plan for approximately 500 homes as part of the ongoing development of an area. The site is located on the east side of Mississauga Road (a regional arterial road), and to the west of a planned municipal collector transit spine. The site has a completed Secondary Plan (Mount Pleasant Secondary Plan) and a completed Block Plan (Block Plan 51-1). Based on the prevailing secondary plan and block plan, the site is required to allocate lands for a new elementary school within the property. The developer requires draft plan approval from the municipality, as well as approval from the Region for a new intersection with Mississauga Road. The intersection has been reviewed and approved in principle by the Region through the Secondary Plan and Block Plan process. There is a Mount Pleasant GO Transit station is approximately 2.5 kilometres away. Mount Pleasant GO Station currently has 5 inbound trains in the morning and 5 outbound trains in the afternoon with regular bus service in offpeak times. Trains depart at 6:32, 6:57, 7:15, 7:52, and 8:14 in the morning. Trains arrive at 5:06, 5:36, 6:06, 6:36 and 7:41. GO does have plans to increase the frequency of buses, and ultimately trains, on this line. The GO Station has over 1,100 commuter spaces, however the majority are filled to capacity by very early in the morning and onstreet parking in nearby neighbourhoods is very limited. Brampton Transit plans to run a future bus route running north-south along the transit spine which will connect to the GO Station. Discussions with the transit planners indicate that the transit service will be provided every 15 minutes during peak hours. Finally, according to a survey conducted among users of the adjacent residential lands which are roughly equally as far from the GO Station, respondents suggested they would consider cycling to the GO Station however the lack of infrastructure and insecurity when accessing the station are the main reasons why people don t travel to the station on foot or by bike. The draft plan has been submitted and both Regional and City staff are in the process of providing comments on the application. You are about to meet with your peers to discuss your comments.
Section A What TDM strategies might be applicable to this site? How can the municipality get the TDM strategies incorporated into the site plan (i.e. what different mechanisms or methods could be used)? Section B Legal Considerations If the TDM requirements being asked for were challenged at the OMB, does the Planning Act and the current municipal OP provide enough support to provide a basis for asking for the TDM Strategies outlined in Section A? What additional policies or tools would be helpful to add justification for asking for TDM Strategies? Section C - Stakeholders Who (or what department) would be responsible for asking for TDM requirements? Who should be responsible? What role does the Region have in a situation like this? What should the Region s role be? What other partners or stakeholders could be involved? Section D - School Travel Planning What is the typical process for planning the school site? What TDM strategies would be applicable to reduce vehicle demand to / from the school site? How can school travel planning be incorporated into the approvals process? Is the draft plan the correct application to try and integrate school based TDM? Section E What are the threats and challenges to incorporating TDM into a site like this? What are some potential solutions to these challenges? How can the Municipality / Region secure and ensure the implementation of the proposed TDM strategies?