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HomeMy WebLinkAboutJune 9, 2005Statutory Public Information Meeting Agenda Pursuant to the Planning Act Thursday, June 9, 2005 7:00 P.M. OFFICIAL PLAN AMENDMENT APPLICATION OPA 05-0011P ZONING BY-LAW AMENDMENT APPLICATION A 16/05 CITY INITIATED: OAK RIDGES MORAINE CONFORMITY EXERCISE CITY OF PICKERING Explanation of application, as outlined in Information Report #12-05 by Planning Staff. Comments from the applicant. Comments from those having an interest in the application. Response from applicant. 5. Staff response. INFORMATION REPORT NO. 12-05 FOR PUBLIC INFORMATION MEETING OF June 9, 2005 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Official Plan Amendment Application OPA 05-001/P Zoning By-law Amendment Application A 16/05 City Initiated: Oak Ridges Moraine Conformity Exercise City of Pickering 1.0 2.0 2.1 AREA LOCATION AND DESCRIPTION - the proposed amendments apply to lands located within the Oak Ridges Moraine Area in the City of Pickering (see Attachment #1); - the boundary of the Oak Ridges Moraine Area is defined by Ontario Regulation 01/02; - the area is traversed by a number of natural heritage features and hydrological features such as the Reesor, West Duffins, Wixon, Michell, and East Duffins Creeks; - the area is predominantly rural in character; most of the rural hamlet of Claremont and the deferred rural hamlet designation of Altona are in the Oak Ridges Moraine Area. BACKGROUND General Overview in November 2001, the Province established the Oak Ridges Moraine Conservation Plan (ORMCP), which provides a framework for protecting the Oak Ridges Moraine's ecological and hydrological features and functions; municipalities are required to implement the ORMCP through their planning documents and when making decisions on development applications; the City has retained the consulting firm of Meridian Planning to assist in the preparation of the official plan and zoning by-law amendments; in April 2003, the City and its consultant, Meridian Planning, held a Public Open House and Information Session at the Claremont ,Community Centre to provide residents with information relating to the implementation of the Province's ORMCP and to highlight the implications for future land use on those lands affected within the City; this Information Report presents the proposed official plan amendment and zoning by-law amendment that would implement the ORMCP; Information Report No. 12-05 Page 2 2.2 3.0 3.1 3.2 Oak Ridqes Moraine Conservation Plan (ORMCP) - the ORMCP Maps identify land use designations, key natural heritage features (such as wetlands and woodlands) and hydrologically sensitive features (such as kettle lakes and springs), landform conservation areas, and aquifer vulnerability areas; and - the ORMCP policies permit land uses, resource uses and development that are compatible. OFFICIAL PLANS Durham Reqional Official Plan the Durham Regional Official Plan designates the Oak Ridges Moraine Area as Major Open Space System - Oak Ridges Moraine on Map 'A'- Regional Structure; Pickerinq Official Plan - the Pickering Official Plan designates most of the Oak Ridges Moraine Area as Natural Areas and Agricultural Areas on Schedule I - Land Use Structure; - most of the rural hamlet of Claremont and the deferred rural hamlet designation for Altona (Deferral 34) shown on Schedule I are located in the Oak Ridges Moraine; in addition, a rural study area designation is shown around the rural hamlet of Claremont; an Active Recreational Areas designation representing the Heather Glen Golf and Country Club is also shown on Schedule I; the Natural Areas designation permits conservation, passive and similar recreational uses, and agricultural uses outside of valley and stream corridors, wetlands, environmentally sensitive areas, and areas of natural and scientific interest; the list of permissible uses in the Agricultural Areas designation include primary agricultural uses, and complementary and supportive agricultural uses such as agricultural industries, home businesses, farm-related businesses and other farm-related businesses; - certain lands in the Oak Ridges Moraine generally associated with waterbodies, valley and stream corridors, wetlands, and environmental sensitive areas in the Oak Ridges Moraine are designated Shorelines and Stream Corridors, Environmental Significant Areas, Wetlands, and Areas of Natural and Scientific Interest on Schedule III - Resource Management; - an Oak Ridges Moraine boundary is also shown on Schedule III- Resource Management; the Pickering Official Plan contains rural settlement policies and schedules for Claremont and deferred rural settlement policies and schedule for Altona; and the Pickering Official Plan also contains policies recognizing the Oak Ridges Moraine as a significant geological and hydrological feature. Information Report No. 12-05 Page 3 4.0 CITY INITIATED AMENDMENT TO THE PICKERING OFFICIAL PLAN 4.1 General Overview - the City of Pickering proposes to amend the Pickering Official Plan in order to implement the Oak Ridges Moraine Conservation Plan; - the proposed amendment includes the following Schedule and policy revisions to the Official Plan (see Appendix I): 1. revise Schedule I- Land Use Structure as follows: · add the legislated Oak Ridges Moraine boundary; · replace the existing designations for all lands north of the new Oak Ridges Moraine boundary with four new designations and related policies being the Oak Ridges Moraine Countryside, Oak Ridges Moraine Natural Core Area, Oak Ridges Moraine Natural Linkage Area and Oak Ridges Moraine Rural Hamlet; · minor rounding out of the hamlet boundary of Claremont to include an area of land north of Regional Road 5, west of the Brock Road By-pass; · delete the deferred Rural Hamlet designation of Altona and related settlement policies; · delete the Active Recreational Areas designation for the Heather Glen Golf and Country Club while continuing to recognize the existing golf course use in the amending zoning by-law; 2. revise Schedule II - Transportation System, to show the legislated Oak Ridges Moraine boundary; 3. revise Schedule III- Resource Management, to delete the old Oak Ridges Moraine boundary and add the new legislated new Oak Ridges Moraine boundary and delete the Shoreline and Stream Corridor, Environmental Significant Areas, Wetlands, and Areas of Natural and Scientific Interest designations; 4. revise Schedule IV - 10, Settlement 10: Claremont and Area by adding the legislated Oak Ridges Moraine boundary and by minor rounding out of the hamlet boundary to include an area of land north of Regional Road 5, west of the Brock Road By-pass; 5. revise Schedule IV- 11, Settlement 11: Spring Creek and Schedule IV- 12, Settlement 12: Balsam by adding the legislated Oak Ridges Moraine boundary; 6. delete deferred Schedule IV- 13, Settlement 13: Altona and related rural settlement policies; 7. add three new schedules being Schedule V- Oak Ridges Moraine Key Natural Features and Hydrologically Sensitive Features; Schedule VI - Oak Ridges Moraine Aquifer Vulnerability; and Schedule WI - Oak Ridges Moraine Landform Conservation Areas; 8. add a new Table relating to key natural heritage features, minimum areas of influence, and minimum vegetation protection zones; and 9. add new environmental policies relating to landform conservation, stormwater management; and aquifer vulnerability. Information Report No. 12-05 Page 4 5.0 5.1 6.0 6.1 CITY INITIATED AMENDMENT TO ZONING BY-LAW 3037 General Overview the City of Pickering proposes to amend Zoning By-law 3037 in order to implement the Oak Ridges Moraine Conservation Plan and the City's proposed Oak Ridges Moraine amendment; the draft zoning by-law amendment includes the following revisions to the Zoning By-law (see Appendix II): 1. establish new zone categories that are specific to lands covered by the ORMCP; 2. establish new definitions that are consistent with the definitions in the ORMCP; 3. replace the existing zoning in By-law 3037 for all the lands within the Oak Ridges Moraine Area with new zoning provisions that implement the new Official Plan designations and ORMCP as noted in discussion on the proposed Official Plan amendment; 4. recognize all of the environmental features identified in the ORMCP by zoning these lands in a non-development category; 5. establish special conditions within the proposed zoning categories to recognize existing legal situations; and 6. repeal numerous previous zoning by-law amendments that covered specific properties that are now covered by ORMCP and therefore now subject to this proposed zoning by-law amendment; properties affected by an environmental feature are proposed to be zoned Oak Ridges Moraine Environmental Protection Zone (ORM-EP), which permits existing agricultural uses, legally existing uses and detached dwellings on an existing lot of record; for the vast majority of the residential properties within Claremont that are not affected by an environmental feature, the draft zoning by-law amendment incorporates the same zoning provisions as currently exists; establish new general provisions for existing uses for all lands being rezoned that allows for the continuation of the use of existing lots, buildings or structures that were lawfully used for that purpose prior to November 15, 2001, and to permit minor alterations to existing dwellings that are not proposed to be recognized uses. RESULTS OF CIRCULATION Resident Comments - no resident comments have been received to date; Information Report No. 12-05 Page 5 6.2 Agency Comments - no agency comments have been received to date. 7.0 PROCEDURAL INFORMATION 7.1 Official Plan Amendment and Zonin.q By-law Amendment Approval Authority the Ministry of Municipal Affairs and Housing is the approval authority for the Oak Ridges Moraine Conformity Official Plan and Zoning By-law Amendment documents; 7.2 General written comments regarding this proposal should be directed to the Planning & Development Department; oral comments may be made at the Public Information Meeting; all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council; if you wish to be notified of Council's adoption of the conformity official plan and zoning by-law amendments, you must request such in writing to the City Clerk; all written submissions received by the City of Pickering in respect of the proposed conformity official plan and zoning by-law amendments will be forwarded to the Minister of Municipal Affairs and Housing for consideration; the Minister may, after considering the submissions, approve all or part of the proposed amendments; modify all or part of the amendments and approve the amendments or part as modified; refuse to approve all or part of the amendments; or appoint a hearing officer to conduct a hearing and make written recommendations with respect to the proposed amendments. Information Report No. 12-05 Page 6 8.0 8.1 OTHER INFORMATION Appendices APPENDIX I: APPENDIX I1: Draft Official Plan Amendment Draft Zoning By-law Amendment Grant McGregor, MCIP, RF~ Principal Planner- Policy Catherine' L. Rose, MCIF~, RPP · Manager, Policy Ross Pym, MCIP Principal Planner- Development Review GM:RP:Id Attachments Copy: Director, Planning & Development APPENDIX NO. I TO INFORMATION REPORT NO. 12-05 PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN PROPOSED AMENDMENT TO THE PICKERING OFFICIAL PLAN PURPOSE: The purpose of this amendment is to bring the City of Pickering Official Plan (1997), as amended, into conformity with the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02) as required by the Oak Ridges Moraine Conservation Act, 2001. LOCATION: This Amendment affects all lands located within the City of Pickering defined by the Oak Ridges Moraine Conservation Plan (Ontario Regulation 01/02) and identified as the Oak Ridges Moraine boundary on Schedule '1' - Land Use Structure, Schedule '11' - Transportation System, Schedule "111 - Resource Management, and Schedule 'IV' - Rural Settlements to the Pickering Official Plan. Also, the Amendment resolves Deferral 34 to the Pickering Official Plan relating to the deferred lands designated Rural Hamlet for Altona and the related settlement plan. BASIS: On December 14, 2001, the Oak Ridges Moraine Conservation Act, 2001 received Royal Assent and was deemed to have come into force on November 16, 2001. The legislation provides for the establishment of the Oak Ridges Moraine Conservation Plan by Regulation. On April 22, 2002, Ontario Regulation 140/02 -the Oak Ridges Moraine Conservation Plan, was filed and deemed to come into effect on November 16, 2001. The Oak Ridges Moraine Conservation Plan establishes a policy framework for protecting the ecological integrity of the Oak Ridges Moraine. Municipal planning decisions are required to conform to the Oak Ridges Moraine Conservation Plan, which prevails over municipal official plans in the event of a conflict. The boundary of the Oak Ridges Moraine is defined by the Province of Ontario as being lands includes in the Oak Ridges Moraine as defined by Ontario Regulation 01/02. This amendment incorporates the Oak Ridges Moraine boundary into all City wide schedules in the Official Plan. Proposed Amendment to the Pickering Official Plan Page 2 PROPOSED AMENDMENT: The Pickering Official Plan is hereby amended by: Amending Schedule I - Land Use Str~cture by: a) adding a line identified as "Oak Ridges Moraine Boundary" and adding the "Oak Ridges Moraine Boundary" to the Land Use Structure legend; b) deleting the Rural Study Areas boundary line around the rural settlement of Claremont in its entirety, and around the rural settlement of Balsam where that line is within the Oak Ridges Moraine Boundary; c) resolving Deferral 34 by deleting the deferred "Rural Hamlet" designation of Altona; d) designating lands within that boundary from "Agricultural Areas", "Natural Areas", "Active Recreational Areas", "Rural Clusters", and "Rural Hamlets", to: · "oak Ridges Moraine Countryside · Oak Ridges Moraine Natural Linkage Areas · Oak Ridges Moraine Natural Core Areas · Oak Ridges Moraine Rural Hamlet"; and e) adding the "Oak Ridges Moraine Countryside, Oak Ridges Moraine Natural Linkage Areas, Oak Ridges Moraine Natural Core Areas, and Oak Ridges Moraine Rural Hamlet" designations to the Land Use Structure legend; as illustrated on Schedule 'A' attached to this Amendment. Amending Schedule H- Transportation System by adding a line identified as "oak Ridges Moraine Boundary" and by adding the "Oak Ridges Moraine Boundary" to the Transportation System Legend as illustrated on Schedule 'B' attached to this Amendment. Amending Schedule III. Endronmental Management by revising the boundary of the Oak Ridges Moraine and by deleting the "Shorelines and Stream Condors" designation for lands within the Oak Ridges Moraine boundary as illustrated on Schedule 'C' attached to this Amendment. Amending Schedule IV- 10, Settlement 10: Claremont and Area-South Section by adding a line identified as "Oak Ridges Moraine Boundary" to the Schedule and by adding the "Oak Ridges Moraine Boundary" to the Legend as illustrated on Schedule 'D' attached to this Amendment. Proposed Amendment to the Pickering Official Plan Page 3 o Amending Schedule IV- 10, Settlement 10: Claremont and Area-North Section by: · minor rounding out of the hamlet boundary to include an area of land north of Regional Road 5, west of the Brock Road By-pass and establish "Hamlet Residential" and "Natural Areas" designations within the area of minor rounding out; · refining the "NaturalAreas' boundary for an area of land located west of Brock Road, north of Hoxton Street; · adding a line identified as "Oak Ridges Moraine Boundary"; and · adding the "Oak Ridges Moraine Boundary" to the Legend; as illustrated on Schedule 'E' attached to this Amendment. Amending Schedule IV- 11, Settlement 11: Spring Creek by adding a line identified as "Oak Ridges Moraine Boundary" and by adding the "Oak Ridges Moraine Boundary" to the Legend as illustratod on Sehodule 'F' attached to this Amendmont. Amending Schedule IV- 12, Settlement 12: Balsam by adding a line identified as "Oak Ridges Moraine Boundary" and by adding the "Oak Ridges Moraine Boundary" to the Legend as illustrated on Schedule 'G' attached to this Amendment. Deleting deferred Schedule IV- 13, Settlement 13: Altona. Adding Schedules to the Official Plan as follows: · Schedule V- Oak Ridges Moraine Key Natural Features and Hydrologically Sensitive Features; · Schedule VI- Oak Ridges Moraine Aquifer Vulnerability; and · Schedule VII Oak Ridges Moraine Landform Conservation Areas; as illustrated on Schedules 'H', T, and 'J' attached to this Amendment. Proposed Amendment to the Pickering Official Plan Page 4 10. Amending the text of the Official Plan as follows: 9.1 Adding "Oak Ridges Moraine Natural Core Areas", "Oak Ridges Moraine Natural Linkage Areas", "Oak Ridges Moraine Rural Hamlets", and "Oak Ridges Moraine Countryside" to the Land Use Subcategories in Table 2 so that it now reads as follows: TABLE 2 CATEGORY SUBCATEGORIE S .... ~'~'ii"~iSii'~'"~3';i~'~ ......... '~i¥"~i~i;;'"'iii;iiiCia'"'~i'~';iiiia'"ii~'~i'i;'"'"'~i~;~i"~'~i;' .......................................................................... activity without impairing significant ecological functions or endangering human life/property and areas located on the Oak Ridges Moraine Active Recreational Areas Marina Areas Oak Ridges Moraine Natural Core Areas Oak Ridges Moraine Natural Linkage Areas of people served by the Mixed Use Area Community Nodes Mixed Corridors Specialty Retailing Node Downtown Core .... ' 'gii;ii'ii"i%'aa; ..................... ' i¥i'a ai'aaa" ;ai;"iiiia"aiiiYt"ii';a"xiia'"'"' ' giaiiii'i" aaa'"¥ ................................................................. activities in the node .... ........... 'x'wi'a'iaaaa'a¥iii'"'a '" aTai;aaiia'a'w'" 'iYai" 'aii ia ai ' ................................................... requirements, and design/performance Prestige Employment standards of the area Mixed E...m.p. lo~ent "'"'O-~iii;"Vi~ii'a~'iiiiifi ............. '~'~¥"aii~i'i"~i'~'"iiia'"aiiii'~iii¥'iiiii~g~T='"E'a¥'~';;';i~'~'i'; ............................................................ Areas of residential dwellings permissible in Medium Density Areas the area High Density Areas Rural Settlements The relative size, mix of uses, and Country Residenfial character of the settlement and Rural Clusters locations within the Oak Ridges Rural Hamlets .................... Moraine . Oak Rid.g. es Moraine Rural Hamlets Free~;'~,¥i';~a"~;';'X;:'""'"Sq:;;;__,.___.._,~, __ ......... ~i;~;~i~.~i¥~ii~a~a.a~.aa~i~`.~F~a~i~ii~i.~i~ii:~a~.~ii; ....................................... Utilities additional uses or activities in the area Controlled Access Areas "'~i:i~'ii~iiJ'~'i"~'iii .............. 'ii'ai"ii;i~i~'~'i~i~ ................................................................................... ;ia';ii i' 'i'aii'a ................................................................. .... ~'~"~a'~'~ .................................... i;'~i"ii;iSii~'ii;i~ ..................................................................................... ;ia";iig~i;'~'i';5~'~'i .................................................................. Moraine .... .~.u..n~s..!.~.e. ......................................................................... Seaton Urban Study not applicablg ..................................................................................... ;ia";ii~'~ii'~'i'a~'i .................................................................. Area ....l'otenual Airport ~;'"':'""'"':":'"'~'"';'='"'"'"'"'"' .................... ii'ai"iiiSiSii'&'iigig ........................................................................................................................................................................................................ no subcategories Site '"giii'a3;~';'; ................................... '¥fi~"¥aiiii'iiii";~'~"ii¥ii'iG;'"g~';'iiaiiiYaT' '"~a3'iiii"~a~;'~ii; ........................................................... rural ........................................................................................................................................................................................................ ~...~..u.....=..LS....m.....dZ.~..a...s. ............................................................... Proposed Amendment to the Pickering Official Plan Page 5 9.2 Amending section 3.5 - Open Space System by deleting the word "and" at the end of subsection (a), deleting the period and adding a semi-colon at the end of subsection (b), and adding new subsections (c), (d), (e), (f), (g) and (h) as follows: "City Council, (a) (b) shall recognize as Oak Ridges Moraine Natural Core Areas on Schedule I, in accordance with the Oak Ridges Moraine Conservation Plan, lands with a high (d) concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas; shall recognize that the purpose of the Oak Ridges Moraine Natural Core Areas is to maintain and where possible, improve or restore the ecological integri.ty of the Moraine, and where possible, improve or restore the health, diversi.ty and size of key natural heritage features, hydrologically sensitive features a~d the related ecological functions; within the Oak Ridges Moraine Natural Core Areas~ (j~ shall require permitted uses to be compatible with their surroundings and shall be subject to the special Oak Ridges Moraine policies as set out in Chapter Fifteen; and shall require studies to support applications for development or site alteration, which identi.fy planning, design and construction practices that demonstrate that no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent lands; shall recognize as Oak Ridges Moraine Natural Linkage Areas on Schedule I, in accordance with the Oak Ridges Moraine Conservation Plan, lands identified as belin, part of a regional-scale open space corrido~ system that support or have the potential to support the movement of plants and animals among the Natural Core Areas, river valleys and stream corridors; Proposed Amendment to the Pickering Official Plan Page 6 shall recognize that the purpose of the Oak Ridges Moraine Natural Linkage Areas is to mainatin and where possible, improve or restore, the ecological integri .ty of the Moraine, and where possible, to improve or restore the open space linkages between kev natural heritage features, river valleys and stream corridors; within the Oak Ridges Moraine Natural Linkage Areas, ~ shall require that permitted uses to be compatible with their surroundings and to be subject to the special Oak Ridges Moraine policies as set out in Chapter Fifteen; and (ii) will require that, within the Oak Ridges Moraine Natural Linkage Areas, every. application or site alteration shall be supported by information which identifies planning, design and construction practices that demonstrate. that no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent lands within Natural Core Areas and Natural Linkage Areas."; 9.3 Amending Table 3 by adding two new subcategories with list of permissible uses for "Oak Ridges Moraine Natural Linkage Areas" and "Oak Ridges Moraine Natural Core Areas" after the Open Space Subcategory column so that it now reads as follows: TABLE 3 Open Space Permissible Uses System (Restrictions and limitations on the uses permissible, arising from other policies of Subcategory this Plan, will be detailed in zoning by-laws.) Natural Areas Conservation, environmental protection, restoration, education, passive recreation, and similar uses; Agricultural uses outside of valley and stream corridors, wetlands, environmentally significant areas, and areas of natural and scientific interest; Existing lawful residential dwellings; a new residential dwelling on a vacant lot. Proposed Amendment to the Pickering Official Plan Page 7 TABLE 3 (CONTINUED) Active All uses permissible in Natural Areas; Recreational Areas Active recreational, community and cultural uses, and other related uses. Marina Areas All uses permissible in Natural Areas and Active Recreational Areas; · Marinas, yacht clubs and ancillary uses; Marina supportive uses, restaurants, limited retail uses; limited residential uses in conjunction with marinas and yacht clubs; Aquaculture and other related uses. Oak Ridges Fish, wildlife and forest management; Moraine Natural Core Areas Conservation, environmental protection, restoration, education, low intensity recreational uses, and similar uses; Unserviced parks; Agricultural uses outside of valley and stream corridors, wetlands, environmentally significant areas, and areas of natural and scientific interest, farm vacation homes; Transportation, infrastructure, and utilities; Existing lawfial residential dwellings; a new residential dwelling on a vacant Home business, home industries, and bed and breakfast establishments. Oak Ridges Fish, wildlife and forest managementl Moraine Natural Linkage Areas Conservation, environmental protection, restoration, education, low intensity recreational uses, and similar uses; Unserviced parks; Agricultural uses outside of valley and stream corridors, wetlands, environmentally significant areas, and areas of natural and scientific interest, farm vacation homes; Transportation, infrastructure, and utilities; Mineral aggregate operations and wayside pits; Existing lawful residential dwellings; a new residential dwelling on a vacant Home business, home industries, and bed and breakfast establishments Proposed Amendment to the Pickering Official Plan Page 8 9.4 Amending Table 11 by adding a new "Oak Ridges Moraine Rural Hamlets" subcategory with associated development and growth characteristics so that it now reads as follows: TABLE 11 Rural Settlements Development and Growth Characteristics Subcategory Country Residential Large lot residential subdivisions on an intemal mad with no growth potential. Rural Clusters Distinct groupings of non-farm residential development, usually along or beside an existing road, which may also include existing community, cultural and recreational uses; Growth potential limited to infilling and minor extension of one lot within the established cluster boundary. Rural Hamlets Settlements with historic roots as social and service centres for the surrounding area, permitting a variety of uses including residential, employment, commercial, community, cultural and recreational uses; Primary focus for new growth and development in rural area. Oak Ridges Moraine Settlements located on the Oak Ridges Moraine with historic roots as Rural Hamlets social and service centres for the surrounding area, permitting a variety of uses including residential, employment, commercial, community, cultural and recreational uses; Growth potential limited to redevelopment and infilling. 9.5 Amending section 3.11 - Agricultural Areas: Permissible Uses by deleting the word "and" at the end of subsection (b), deleting the period and adding a semi-colon at the end of subsection (c), and adding new subsections (d), (e) and (f): "City Council, (a) (b) (c) shall further recognize the Oak Ridges Moraine Countryside on Schedule I, in accordance with the Oak Ridges Moraine Conservation Plan, by, Proposed Amendment to the Pickering Official Plan Page 9 fi protecting prime agricultural areas; (ii) providing for the continuation of agricultural and other rural land uses and normal farm practices; (iii) maintaining the rural character of the Oak Ridges Moraine rural hamlets; and (iv) accommodating a trail system through the Oak Ridges Moraine and trail connections to it~ may, despite Table 12, on lands designated Oak Ridges Moraine Countryside, permit a second dwelling that is temporary, mobile or portable unit provided the applicant demonstrates that: fi) the dwelling is required to house help that is needed on the farm operation on a seasonal or full time basis; the dwelling does not require a consent under Section 50 or 53 of the Planning Act; (iii) the dwelling will not adversely affect the ecological integrity of the Oak Ridges Moraine; and (iv) the severance of such a dwelling shall not be permitted; shall require all development within the Oak Ridges Moraine Countryside to be subject to the Oak Ridges Moraine Conservation Plan, including subsections 19(2) Protecting Ecological and Hydrological Integrity and 31(3) Specific Land Use Policies and section 10.13.".; 9.6 Amending Table 12 by adding a new subcategory and list of permissible uses for the "Oak Ridges Moraine Countryside" after the subcate~ory "Agricultural Areas" so that it now reads as follows: Proposed Amendment to the Pickering Official Plan Page 10 TABLE 12 Permissible Uses Designation (Restrictions and limitations on the uses permissible, arising from other policies of this Plan, will be detailed in zoning by-laws.) Agricultural Primary agricultural us es such as, Areas Growing crops, including nursery and horticultural crops; Raising livestock and other animals, including poultry and fish; Aquaculture, agro-forestry, maple syrup production; Farm-related residential dwellings, existing lawful residential dwellings, a new residential dwelling on a vacant lot, home occupations. Complementary and supportive agricultural uses such as, Agricultural industries; Home businesses; Farm-related businesses producing agricultural products from farm operations, such as value-added processing and packing operations of agricultural products, roadside produce stands retailing products from the farming operation, farm vacations as part of a fanning operation, and cottage wineries processing produce from local fanning operations; Other farm-related businesses, such as horse shows and riding schools and auctions of farm produce, livestock and equipment as a component of a farming operation. Oak Ridges All uses permissible in Agricultural Areas; Moraine Countryside Fish, wildlife and forest management: Conservation projects and flood and erosion control projects; Transportation, infrastructure, and utilitiesl Home industries; Low-intensi .ty recreational uses; Unserviced parks; Mineral aggregate operations. Proposed Amendment to the Pickering Official Plan Page 11 9.7 9.8 9.10 Amending section 3.19 by deleting all the references to Claremont as a rural study area in that section; Adding a new section 4.20 - Oak Ridges Moraine: Roads as follows: "4.20 City Council shall, (a) be satisfied that where new municipal roadways or major reconstruction of municipal roadways is proposed within the Oak Ridges Moraine, as shown on Schedule II, that there are no reasonable alternatives that would not impact the Moraine and, once satisfied that such alternatives do not exist, shall ensure that the road is designed and constructed in such a manner so as not to adversely affect the ecological integrity of the natural heritage features and significant landform features of the Moraine by demonstrating that: (i) the area of construction disturbance will be kept to a minimum; (ii) right of ways widths will be kept to the minimum that is consistent with meeting other objectives such as stormwater management and with locating as many transportation, infrastructure, and utility uses with a single corridor as possible; (iii) the project will allow for wildlife movement; (iv) lighting will be focused downwards and away from Natural Core Areas; and (v) the planning design and construction practices adopted will keep any adverse effects on the ecological integrity of the Plan Area to a minimum as per the Oak Ridges Moraine Conservation Plan."; Amending section 10.6 - Stormwater Management by deleting the word "and" at the end of subsection (b), deleting the period and adding a semi-colon and the word "and" at the end of subsection (c), and adding a new subsection (d) as follows: Proposed Amendment to the Pickering Official Plan Page 12 9.11 9.12 "10.6 City Council recognizes that its watercourses, streams, and lakes are important to the health of the City's natural and built environment; accordingly, Council shall, (b) ...; (c) ...; and (d) for lands within the Oak Ridges Moraine, require stormwater management plans in accordance with section 15.43."; Amending section 10.10 - Wetlands, Environmentally Significant Areas, and Areas of Natural and Scientific Interest by adding a new subsection (b) as follows, and renumbering the existing subsections (b), (c) and (d) to (c), (d) and (e): "10.10 City Council recognizes the significance and sensitivity of Wetlands, Environmentally Significant Areas (ESAs), and Areas of Natural and Scientific Interest (ANSIs) and their inter- related systems of water resources, biotic habitat, natural and cultural heritage, and landform; accordingly, Council shall, for lands within the Oak Ridges Moraine, designate the key natural heritage features and hydrologically sensitive features (see Schedule V);"; Amending section 10.11 - Groundwater by deleting the word "and" at the end of subsection (a), adding a new subsection (b) as follows, and renumbering the existing subsection (b) to (c): "10.11 City Council recognizes that areas of groundwater recharge and discharge make significant contributions to the quality and quantity of groundwater and surface water, and acknowledges that land uses and activities hold implications for this quality and quantity, both in the short term and cumulatively over time; accordingly, Council shall, for lands within the Oak Ridges Moraine, designate areas of Aquifer Vulnerability (see Schedule VI); and" Proposed Amendment to the Pickering Official Plan Page 13 9.13 9.14 Amending section 10.13 - Oak Ridges Moraine by replacing the existing subsections (a), (b), (c) and (d) with new subsections as follows: "10.13 City Council recognizes that the Oak Ridges Moraine provides a wide range of environmental functions critical to the maintenance of healthy water resources and natural heritage values in the City and beyond; accordingly, Council shall, (d) designate the Oak Ridge Moraine boundary, in accordance with the Oak Ridges Moraine Conservation Plan; implement the Oak Ridges Moraine Conservation Plan, (Ontario Regulation 140/02) through this Plan: where questions of interpretation arise, regard shall be given to the Oak Ridges Moraine Conservation Plan; and implement a development control strategy that requires all development on the Oak Ridges Moraine to maintain the ecological integri .ty of the key natural heritage features, preserves the sensitive hydrologic features and maintains the significant landform features of the Moraine in accordance with Chapter Fifteen."; Amending section 12.12 - Claremont and Area Settlement Policies by replacing the existing subsection 12.12 (d) with a new subsection (d) as follows: "12.12 City Council shall, (a) (b) (c) recognize that most of Claremont is designated as Oak Ridges Moraine Rural Hamlet on Schedule I, in accordance with the Oak Ridges Moraine Conservation Plan, and accordingly, Ci.ty Council shall, restrict applications for lot creation to limited infilling: Proposed Amendment to the Pickering Official Plan Page 14 9.15 (iii) prohibit the boundary, of the hamlet to be expanded unless the hamlet boundaries for Claremont established by the Oak Ridges Moraine Conservation Plan are modified by the Province; and require development or site alteration to be subject to the special Oak Ridges Moraine policies as set out in Chapter Fifteen in addition to the policies of the Oak Ridges Moraine Conservation Plan;"; Deleting deferred section 12.15 - Altona Settlement Policies in its entirety and renumbering the remaining settlement section; 9.16 Amending section 14.2 - Schedule Interpretation by deleting the word "and" at the end of subsection (g), deleting the period and adding a semi-colon at the end of subsection (h) and deleting the reference to Claremont in subsection 14.2 (h), and adding a new subsection (i) as follows: "14.2 City Council shall be guided by the following in interpreting the Schedules to this Plan, (a) (h) (c) (a) (e) (0 (g) (h) in the event that a single parcel of land is governed by two or more separate land use designations, the policies of each of the respective designations shall apply to that portion of the parcel so designated; despite 14.2(b), (d) and (g), and following consultation with the Region, minor expansions to the hamlets of ~aremcnt, Greenwood, Rinsale and Balsam may be permitted without amending the hamlet boundary or land use designations on Schedule I or Schedules IV-5, IV-9, IV-10 and IV-12; and Proposed Amendment to the Pickering Official Plan Page 15 the bounda.ry of the Oak Ridges Moraine as identified on the Schedules of the Plan coincides with the boundary, defined in the Oak Ridges Moraine Conservation Plan and cannot be amended."; 9.17 Amending section 15.7 - Rural Settlements: Supporting Information for Minor Hamlet Expansion by deleting the reference to Claremont as follows: "15.7 In accordance with sections 2.32 and 14.2(h) of this Plan, City Council may permit minor expansions to the hamlets of Greenwood, Kinsale and Balsam without amendment to the Plan; when considering such applications, City Council shall require, in addition to any other applicable development review requirements, all applications to be accompanied by information demonstrating to the satisfaction of the City in consultation with other relevant agencies, that,"; 9.18 Amending section 15.11 - Environmental Report Contents by adding new wording to subsection (b) as follows: "(b) a description of the landforms, features, functions, and connectivi.ty between features of the environment that may be affected, directly or indirectly, by the proposed development;"; 9.19 Amending section 15.22- Subdivision Approval by deleting the period, adding a semi-colon, and adding the word "and" at the end of subsection (c); and adding a new subsection (d) as follows: "15.22 City Council, through participation in the subdivision approval process provided for in the Planning Act, shall, (a) ...; (b) ...; (c) ...; and (d) for lands within the Oak Ridges Moraine, Proposed Amendment to the Pickering Official Plan Page 16 9.20 (ii) require plans of subdivision in the Hamlet of Claremont to provide for a large, continuous open space block linking key natural heritage features and hydrologically sensitive features, to ensure connectivity, and design lots and road so as to minimize stream crossing and extension into key natural heritage features; and require, as a condition of draft approval, that the owner of lands maintain and restore the natural self-sustaining vegetation for the long-term protection of any key natural heritaee feature or hydrologically sensitive feature on the lot or lots created." Amending section 15.23 - Site Plan Control by adding a new subsection (d) and renumbering the existing subsection (d) as (k) as follows: "15.23 City Council recognizes the whole of the City as a proposed site plan control area and, (b) ...; (c) ...; (d) for lands within the Oak Ridges Moraine, shall designate all of the lands within the Oak Ridges Moraine Area as a site plan control area; despite section 15.23(c)(1), shall not exempt residential development of one or two dwelling units per lot on the Oak Ridges Moraine from site plan control; Proposed Amendment to the Pickering Official Plan Page 17 (iii) (iv) (vii) (viii) shall permit small scale development to occur without requiring site plan approval, and if such development is proposed, it is deemed, for the purposes of this Plan, not to have an adverse impact on the ecological integri .ty of the Oak Ridges Moraine; shall require developments that have the effect of changing the use of land or significantly increasing the size of a building, structure or area of land used for uses other than agriculture or conservation be subject to site plan control; shall evaluate applications for site plan approval within the Oak Ridges Moraine Area with respect to the Oak Ridges Moraine Conservation Plan; shall ensure that applications for site plan approval within 120 metres of any key natural heritage feature or hydrologically sensitive feature as set out in Table 18 will require an Environmental Report in accordance with Section 15.11 to assess the impact of the proposal on those features; may require, through the site plan approval process, the preservation, maintenance or establishment of vegetation buffers in order to mitigate the potential impact of the development and enhance the natural features and functions of the Moraine ecosystem; may require the submission of a Construction Management Plan in support of proposed development to limit grading and the alteration of the natural landscape within the Oak Ridges Moraine Area;"; Proposed Amendment to the Pickering Official Plan Page 18 9.21 Amending section 15.26 - Land Severance by adding the words "Oak Ridges Moraine Conservation Plan" to subsection (a) and adding a new subsection (d) as follows: "15.26 City Council, in commenting to the Regional Land Division Committee regarding the consideration of land severances pursuant to the Planning Act, (a) shall be guided by the policies of the Oak Ridges Moraine Conservation Plan, Durham Regional Official Plan, this Plan, and the regulations and requirements of the City's zoning by- laws; (b) ...; (c) ...; for lands within the Oak Ridges Moraine, shall also require the following, permitting only residential infillin2 and lot creation within the hamlet boundaries of Claremont; permitting lot creation only if there is enough net developable area on both the severed lot and retained lot to accommodate the proposed buildings, structure and accessory, uses without encroachment into key natural heritage features or hydrologically sensitive features as shown on Schedule (iii) V or as identified by an approved environmental report; requiring the applicant to enter into a site plan agreement or other agreement to establish conditions requiring that self sustaining vegetation be maintained or restored in order to ensure the long term protection of any key natural heritage features or hydrological sensitive features on the lots; Proposed Amendment to the Pickering Official Plan Page 19 9.21 prohibiting new lot creation within any part of a minimum vegetation protection zone of a key nature heritage feature and/or hydrologically sensitive feature." Amending section 15 - by adding new sub sections 15.33 - Oak Ridges Moraine: Key Natural Features and Hydrologically Sensitive Features, 15.34 - Oak Ridges Moraine: Aquifer Vulnerability Areas, Table 18 - Key Natural Heritage Features, Hydrologically Sensitive Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones, and 15.35 - Oak Ridges Moraine: Landform Conservation Areas after subsection 15.32 as follows, and renumbering the existing subsections: "15.33 Ci.ty Council, in recognition of the need to maintain the significant natural landform features on the Oak Ridges Moraine as shown on Schedule VII, shall, limit the portion of the net developable area of the site that is disturbed to not (b) more than 25 per cent, and limit the net developable area of the site that has impeveious surfaces to not more than 15 per cent of the total area of site for areas shown as Category. 1 Areas on Schedule VII of this Plan; limit the portion of the net developable area of the site that is disturbed to not more than 50 per cent of the total area of the site, and limit the net developable area of the site that has impervious surfaces to not more than 20 per cent of the total area of site for areas shown as Category. 2 Areas; and require proponents of major development to include a landform conservation plan that, identifies slopes, significant landform features, water features, vegetation and existing and proposed grades; and Proposed Amendment to the Pickering Official Plan Page 20 (ii) identifies appropriate planning. design and construction practices to minimize disruption to land landform character including maintaining landform features, minimizing site alteration, and using innovative building design to minimize grading requirements. 15.34 Within the Oak Ridges Moraine, City. Council shall, prohibit all development and site alteration with respect to land within a key natural heritage feature or related minimum vegetation protection zone, or within a hydrologically sensitive feature or related minimum vegetation protection zone, except for the following: (~ forest, fish and wildlife management~ i(~ conservation and flood or erosion control projects but only if they have been demonstrated to be necessary in the public interest after all altematives have been (b) (iii) considered; transportation, infrastructure, and utilities but only if the need for the projects has been demonstrated and there is no reasonable alternative; and (iv) low-intensity recreational uses; recognize that Table 18 identifies minimum areas of influence and minimum vegetation protection zones related to the key natural heritage features and hydrologically sensitive features, and where features are not identified on the schedules, such as seepage areas and springs, these features shall be identified using criteria identified by the Province either on a site-by-site basis or through the appropriate study prior to undertaking any development or site alteration; and Proposed Amendment to the Pickering Official Plan Page 21 require an environmental report to be completed in accordance with Section 15.11 of this Plan where development occurs within the areas of influence that relates to a key natural heritage feature but outside the key natural heritage feature and the minimum area of influence, the proponent of the development to demonstrate that the impact of the development will not adversely impact the key natural heritage features and connectivity between those features~ and implement a greater minimum vegetation protection zone than the minimum vegetation protection zone in the Oak Ridges Conservation Plan where required by an environmental repo~ and prohibit any site alteration within the greater minimum vegetation protection zone as established. Table 18 Key Natural Heritage Features, Hydrologically Sensitive Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones Influence Zone of any part of feature of feature, subject to Section 15.11 if a natural heritage evaluation is ~ required of endangered, rare and of any part of feature evaluation carried out under Section threatened species 15.11 ...... ~'~'~'~"fi~'i'~i~ ~i ~`h~d..~.~5~...~.~I..~j~5..~....~3~f~. .... , of any part of feature of feature, subject to Section 15.11 if a natural heritage evaluation is' required Proposed Amendment to the Pickering Official Plan Page 22 Table 18 (continued) i"'"gi'~;;i'~;'~'~"~ii~;~i~;J'~ .................................................... ~'i~...~.;;.a~...~;;.....~.6"..~.;.....?..~FI~a....~.~.~.....~.~....~.;.....~...; ofs~ble top of bank ~ top of ba~, subject to Section 15.11 ~ jfa natural hefi~ge evaluation is ~ ~qui~d ~'"'gi'g~i'fl~'~'~'f~'dl~d'~ ............................................. ~]~.~d...~.~.....~.~.~..~..~...~.~"~.~.~.~.~...~.~.~...~ ...... of any pa~ of feam~ of oute~ost ~e ~nks ~in ~e woodland, subject to Section 15.11 if a natural hefi~ge evaluation , ~qui~d ~'""gi~i~'~' ~iaii~'"~i~ ........................... ~' "~i" i~a "~i~"'i~'"~'~i'"'"'"'"~i'"a~'~a'"'~V~'"'~'~i'"~'~'~' ...... of any paa of feam~ eval~fion ca~ed out under Section 15.11 s~ams of meander belt }bel~ subject to Section 15.11 and ~secfion 15.11 if a hyd~logical ~ evaluation is ~qui~d . of any pa~ of feam~ of feam~, subject 15.11 if a hydrological evaluation is ~qui~d 15.35 Ci.ty Council shall, despite any other provisions of the Plan to the contrary, within areas of high groundwater vulnerability on the Oak Ridges Moraine as shown on Schedule VI, prohibit the following uses: generation and storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 RSO, 1990; (ii) waste disposal sites and facilities, o~anic soil conditioning sites and snow storage and disposal facilities; and (iii) all underg_round and above-ground storage tanks that are not equipped with an approved seconda.ry containment device."; Proposed Amendment to the Pickering Official Plan Page 23 15.36 City. Council, in addition to the policies in Section 10.6 of this Plan, shall maximize the use of stormwater management practices within the Oak Ridges Moraine area, shall, require for the purposes of stormwater management, the minimum standard for water quali.ty is that 80 percent of suspended solids shall be removed from stormwater runoff as a long-term average; prohibit new stormwater management ponds in key natural heritage features and hydrologically sensitive features; require proponents of major development to submit a stormwater management plan that has particular regard to the following, ~j~ maintaining groundwater quality and flow and stream base flow; (ii) protecting water quality; (iii)protecting aquatic species and their habitat; (iv) preventing increases in stream channel erosion; and preventing any increase in flood risk; require an integrated treatment train approach that uses a planned sequence of methods of controlling stormwater and keeping its impact to a minimum by using techniques such as, lot level controls such as devices (iii) and designs that direct roof discha~e to rear yard ponding areas; conveyance controls such as grassed swales; end-of-pipe controls such as wet ponds at the final discharge stage: and prohibit the use of new rapid infiltration basins and new rapid infiltration columns; require every, application for development or site alteration to demonstrate that planning, design and construction practices to protect water resources will be used such as, Proposed Amendment to the Pickering Official Plan Page 24 (~ keeping the removal of vegetation, grading and soil compaction to a minimum; (ii) keeping all sediment that is eroded during construction within the site; (iii) seeding or sodding exposed soils as soon as possible after construction; and (iv) keeping chemical applications to suppress dust and control pests and vegetation to a minimum; require eve .ry application for development or site alteration to reduce areas with impervious areas and increase areas retained in a natural undisturbed state, in order to minimize stormwater volumes and contaminant loads; require municipal development standards to incorporate planning, design and construction practices that, reduce the portions of lots and sites that have impervious surfaces; provide the flexibility to use altemative s tormwate r management techniques such as directing roof discharge to rear year ponding areas and using grassed swales.". IMPLEMENTATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. EXISTING OFFICIAL PLAN OF UXBn~D~E EXTRAC~ OF SCI1EDULE I TO THE PICKERING OFFICIAL PLAN EDITION 3 LAND USE STRUCTURE RURAL SE'FFLEMENTS OPEN SPACE SYSTEM mNATURAL AREAS AGRICULTURAL AREAS m COUNTRY RESIDENTIAL ~j ACTIVE RECREATI0~AL AREAS ~.a,~ RURAL STUDY AREAS ~ RURAL CLUSTERS OTHER DESIGNATIONS r~ DEFERRALS ~ RURAL HAMLETS IPOTENTIAL AIRPORT SITE ~EXCEPTIONS (see section _~.20}FREEWAYS AND MAdOR UTILITIES ~ -- FEDERAL A~RPORT lANDS ~ CONTROLLED ACCESS AR~S PROPOSED AMENDMENT- OAK RIDGES MORAINE EXTRACT OF SCHEDULE I TO TIlE PICKERING OFFICIAL PLAN EDITION ? LAND USE STRUCTURE RURAL SETTLEMENTS OPEN SPACE SYSTEM m NATURAL AREAS AORI£:ULIURAL AREAS ~ COUNTRY RESIDENTIAL m ACTIVE RECREATIONAL AREAS OAK RIDGES MORAINE W RURAL CLUSTERS COUNTRYSIDE OAK R DGES MORA NE , NATURAL LINKAGE AREAS ("~ RURAL STUDY AREAS ~RURAL HAMLE-FS II~lDEFERRALS ~l OAK RIDGES MORAINE RURAL HAMLETS OTHF"R DESIGNATIONS ~ EXCEPTIONS (~ee section ,3.20) IPOTENflAL AIRPORT SI'fL --~FEDERAL AIRI~OR1' rANDS FREEWAYS AND MAJOR UTILITIES ~:~ ()AK RIDGES ivIORAINE~ ~ CONTROLLED ACCESS AREAS [~OUNDARY EXISTING OFFICIAL PLAN EXTRACT OF SCHEDULE II TO TIlE EXlS~Na PICKERING ---- OFFICIAL PLAN ............. EDITION 3 TRANSPORTATION SYSTEM o D40 FUTURE EXISTIHG FREEWAYS ~ = ~ ~ .......... TYPE A ART.~RIAL ROADS RAILWAYS GO RAIL GO STATIONS TRANSIT SPINES TRANSIT FEEDER SERVICE DEFERRALS FUTURE PROPOSED AMENDMENT- OAK RIDGES MORAINE EXTRACT OF SCIIEDULE II TO TIlE EXISTING FUTURE PICKERING _l FREEWAYS .... OFFICIAL--'-'t't,,,~ .... TYPE A ARTERIAL ROADS .... EDITION ? ~ 'FYPE B ARIERIAL ROADS ~ ~ m m TRANSPORTATION SYSTEM O FREEWAY INTERCHANGES i~) ..... RAILWAYS ~-~.~-~-- GO RAIL GO STATIONS TRANSIT SPINES ........ !" OAK RIDGES MORAINE FUTURE EXISTING OFFICIAL PLAN EXTRACT OF SCIIEDULE llff TO THE PICKERING OFFICIAL PLAN EDITION 3 RESOURCE MANAGEMENT SHORELINES AND $'IREAM CORRIDORS (MAY INCLUDE HAZARD LANDS) WE~'LANDS ~ ENVIRONMENTALLY SIGNIFICANT AREAS AREAS OF HIGH ~:OTENFIAL MINERAL AGGREGATE RESOURCES OAK RIDGES MORAINE FORMER LAKE IROQUOIS SHORELINE AREAS OFNATURAL AND SCIENTIFIC INTERESf PROPOSED AMENDMENT- OAK RIDGES MORAINE EXTRACT OF SCHEDULE m' TO THE PICKERING OFFICIAL PLAN EDITION ? RESOURCE MANAGEMENT SHORELINES AND STREAM CORRIDORS (MAY INCLUDE HAZARD LANDS) WETLANDS ENVIRONMENTALLY SIGNIFICANT AR, F~a,S AREAS OF HIGH POTENTIAL MINERAL AGGREGATE RESOURCES INO MI~HELL o~ m '1 PROPOSED ~ENDMENT - O~ ~DGES MO~NE SCHEDULE W- 11 SETTLEMENT 11: SP~NG C~EK ADD OAK RIDGES MORAINE BOUNDARY EIGHTH CONCE$.~ I F¼ II ~ LEGEND CITY OF' PICKERING FiTr] COUNTRY RESIDENTIAL RURAL SETTLEMENT BOUNDARY OAK RIDGES MORAINE BOUNDARY~ I aDD OAK RIDGES MORaINe I BOUNDARY PICKERING OFFICIAL PLAN EDITION ?: Chapter Twelve - Rural Settlements 243 PROPOSED AMENDMENT- OAK RIDGES MORAINE SCHEDULE IV- 12 SETTLEMENT 12: BALSAM ADD OAK RIDGES MORAINE BOUNDARY LEGEND HAMLET RESIDENTIAL OPEN SPACE SYSTEM-- NATURAL AREAS RURAL SETTLEMENT BOUNDARY OAK RIDGES MORAINE ~ ADD OAK RIDGES MORAINE BOUNDARY CITY OF PICKERING PLANNING &: DEVELOPMENT DEPARTMENT MARCH, 2OO~ PICKERING OFFICIAL PLAN EDITION ?: Chapter Twelve -- Rural Settlements 245 APPENDIX NO. II TO INFORMATION REPORT NO. 12-05 PROPOSED AMENDMENT TO ZONING BY-LAW 3037 THE CORPORATION OFZHI~CJ~/~F PICKERING BY-LA~ r ~ Being a By-law ~o amend Restricted Area (Zoning) By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham ~or ail lands in the Oak Ridges Moraine Conservation Plan Area in the City of Pickering. WHEREAS the Council of The Corporation of the City of Pickering, as required by the Oak Ridges Moraine Conservation Act, deems it desirable to bring the Restricted Area (Zoning) By-law 3037, as amended, into conformity with the Oak Ridges Moraine Conservation Plan, the Region of Durham Official Plan and the City of Pickering Official Plan; AND WHEREAS the Council of The Corporation of the City of Pickering has adopted Official Plan Amendment No __ to implement the Oak Ridges Moraine Conservation Plan; AND WHEREAS the Council of The Corporation of the City of Pickering has held public meetings in accordance with the requirements of the Planning Act; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULES Schedules 1 to 9 inclusive, attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. By-law 3037, as amended, is hereby further amended, by changing the zoning for all lands designated in the Oak Ridges Moraine Conservation Act in the City of Pickering so that the zoning as shown on Schedule A and B of By-law 3037 shall be amended as shown on Schedules 1 to 9 inclusive. 2. AREA RESTRICTED The provisions of this By-law shall apply to all lands in the City of Pickering that are designated in the Oak Ridges Moraine Conservation Act as established by Ontario Regulation 01/02. 3. GENERALPROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. 4. TEXT AMENDMENTS By-law 3037 is hereby amended as follows: (1) Section 2. DEFINITIONS, is hereby amended by adding in new definitions, deleting and replacing some existing definitions and renumber all of the definitions in this Section so that the definitions are in alphabetical order as follows: (a) That Subsection 2.2 accessory use definition is hereby repealed and replaced with the following: "accessory use" shall mean a use of land, buildings or structures that is normally incidental or subordinate to the principal use, building or structure located on the same lot; -2- (b) (c) (d) (e) (0 (g) (h) That a new definition "agricultural use" be added after Subsection 2.2 as follows: "agricultural uses" shall mean growing crops, including nursery and horticultural crops, raising livestock and other animals, including pouitr;/ and fish, for food and fur, aquaculture, and agro-forestry and maple syrup production; That a new definition "animal agriculture" be added after Subsection 2.3 as follows: "animal aqriculture" shall mean growing, producing and raising farm animals including, without limitation, livestock, including equines, poultry and ratites, fur-bearing animals, bees, cultured fish, deer and elk, and game animals and birds; That a new definition "bed and breakfast establishment" be added after Subsection 2.5 as follows: "bed and breakfast establishment" shall mean an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public inCup to three guest rooms within a single dwelling that is the p..rinci-pal residence of the proprietor of the establishment; - That a new definition "commercial water taking" be added after Subsection 2.11 as follows: "commercial water taking" shall~mean the extraction on water from ground or surface water sources in excess of 50,000 litres per day for resale; That a new definition "conservation" be added after Subsection 2.11 as follows: "conservation" snal mean the wise use, protection and rehabilitation of natural resources according to principles that will assure their highest economic social and environmental benefits; That a new definition "development-ORM" be added after Subsection 2.14 as follows: "deveiopment-ORM" shall mean the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include, (a) the construction of facilities for transportation, infrastructure and utilities uses, as described in Section 41 of the Oak Ridges Moraine Conservation Plan by a public body, or (b) for greater certainty, the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001; That a new definition "existing-ORM" be added after Subsection 2.14 as follows: "existinq-ORM" shall mean a use, building or structure, lawfully in existence on November 15, 2001, and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful; -3- (i) (J) That a new definition "dwelling temporary" be added after Subsection 2.20 as follows: "dweilinq temporary" shall mean a dwelling constructed in accordance with the requirements of the Building Code, excluding a permanent foundation that Js designed and constructed so as to enable complete removal of the building within -4.8 hours of being :'equired ~o do so; That a new definition "farm vacation home" be added after Subsection 2.26 as follows: "farm vacation home" shall mean an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the traveling or vacationing public in up to three guest rooms within a single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment; (k) That a new definition "hazardous waste" be added after Subsection 2.33 as follows: (m) (n) (o) (P) "hazardous waste" has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; That a new definition "impervious surface" be added after Subsection 2.36 as follows: "impervious surface" shall mean a surface that does not permit the infiltration of water, such as a rooftop; sidewalk,, paved roadway, driveway or parking lot; That a new definition "institutional use" be added after Subsection 2.36 as follows: "institutional use" includes, without limitation, a long-term care facility, hospital, school, university or college; That a new definition "key natural heritage feature-ORM" be added after Subsection 2.36 as follows: "key natural heritaqe feature-ORM" shall mean a key natural heritage feature as described in Section 22 of the Oak Ridges Moraine Conservation Plan; That a new definition "liquid industrial waste" be added after Subsection 2.38 as follows: "liquid industrial waste" has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990; That a new definition "Oak Ridges Moraine Conservation Plan Area" and "Plan Area" be added after Subsection 2.47 as follows: "Oak Ridqes Moraine Conservation Plan Area" and "Plan Area" mean the areas described in Section 2 of the Oak Ridges Moraine Conservation Plan; "4- (q) (r) (s) (t) That a new definition "portable asphalt plant" be added after Subsection 2.50 as follows: %ortable asphalt olant" shall mean a temporary facility, to be dismantled at the completion of a construction project, where (s) equipment is used to heat and dry minerat aggregate ~nd io mix it with bituminous asphalt to produce asphalt paving material, and (b) bulk materials used in the process described in clause (a) are kept; That a new definition "recreation - Iow intensity" be added after Subsection 2.51 as follows: "recreation - Iow intensity" shall mean outdoor recreational uses that require little terrain or vegetation modification and buildings to provide short term shelter or sanitary facilities and shall include non-motorized trail uses and walking trails; That a new definition "resource management" be added after Subsection 2.52 as follows: "resource manaqement" shall mean the preservation, protection and improvement of the natural environment through comprehensive management and maintenance, under professional direction for both the individual and society'§ use, both in the present and the future. Resource Management Uses also means the management, development and cultivation of timber resources to ensure the continuous, production of wood or wood products, the provision of proper environmental conditions for wildlife, the protection against floods and erosion, the protection and production of water supplies and the preservation of,the recreational resource; That a new definition "top of bank" be added after Subsection 2.60 as follows: "top of bank" shall mean a point of line which is the beginning of a significant change in the land surface, thence from which the land surface slopes downward towards an abandoned or existing watercourse. Where two or more slopes are located together, the slope that is highest and furthest away from the watercourse shall be the slope considered the top of bank; (u) That a new definition "wetland" be added after Subsection 2.60 as follows: "wetland" shall mean land such as a swamp, marsh, bog or fen (not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that is seasonally or permanently covered by shallow water or has the water table close to or at the surface, has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, and has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time. -5- (2) (3) (4) (5) (6) (7) Subsection 4.1 ZONES, is hereby amended by adding in new Oak Ridges Moraine Zones in the zones list by deleting and replacing the Zone list and by adding a new Clause 4.1 (a) Special Conditions as follows: Zone Symbol Rural Agricuiture Zone A Oak Ridges Moraine Agricultural Zone ORM-A Village Zone V Village Residential Zone R5 Oak Ridges Moraine Residential Five Zone ORM-R5 Oak Ridges Moraine Residential Six Zone ORM-R6 General Commercial Zone C2 Oak Ridges Moraine Hamlet Commercial Zone ORM-C2 Highway Commercial Zone C3 Oak Ridges Moraine Institutional Zone ORM-I Storage and Light Manufacturing Zone MI Oak Ridges Moraine Industrial Zone ORM-M1 Pit and Quarry Zone Q Public and Private Open Space Zone 02 Oak Ridges Moraine Open Space Zone ORM-OS Oak Ridges Moraine Open Space Recreational Zone ORM-OSR Greenbelt-Conservation Zone G Oak Ridges Moraine Environmental Protection Zone ORM-EP 4.1 (a) Special Conditions A Special Condition permits additional uses Or further restricts the use of specific land in various zones or provides specific regulations applicable to uses of specific lands that differ from the regulations applicable to the standard zone. Clause 4.2.1 Symbols of Zones, is hereby amended by adding the symbols ORM-A, ORM-R5, ORM-R6, ORM,C2, ORM-I, ORM-OS, ORIVI-OSR, ORM-M1, ORM-EP" after the letter "G". Subclause 4.2.2(c) Boundaries of Zones, is hereby amended by adding the following after the end of the Subclause: "The boundary of the Oak Ridges Moraine Plan Area, as shown on Schedule A and B shall be the 245 metre contour elevation line." Subsection 5.16 is hereby amended by adding the following to the end of the subsection: "The above-noted policies do not apply to land within any zone with the suffix letters ORM." Clause 5.18 (d) is hereby amended by adding the letters "ORM-R5 and ORM-R6" after the letters "R5". Clause 5.19 (5) is hereby amended by adding the following after subsection (p): (q) the generation of or storage of hazardous waste, liquid industrial waste, or any severely toxic contaminant listed in Schedule 3 to Ontario Regulation 347 RSO, 1990. -8- (8) Section 5 is hereby amended by adding the following new subsections 5.31, 5.32, 5.33, 5.34, 5.35 and 5.36 following Subsection 5.30 as follows: 5.31 Existing Uses on the Oak Ridges Moraine (a) Continuation of Existing Uses The orovisions of this ~y-lsw shall not apply io ~revent ',:he use of any existing lot, building or structure for any purpose prohibited by this By-law if such existing lot, building or structure was lawfully used for such purpose, prior to November 15, 2001, and provided that the lot, building or structure continues to be used for that purpose. Where the use ceases to exist for a period of two years, the use will be deemed to have been discontinued. (b) Permitted Exterior Extension, Alteration and Reconstruction Any dwelling that legally existed as of the date of passing of this By-law shall be permitted to expand by a maximum of an additional 100 square metres in gross floor area in accordance with the provisions of this By-law. A commercial, industrial, institutional or recreational building or structure that legally existed as of the date of passing of this By-law shall be permitted to expand to a maximum of an additional 10% of the existing gross floor area in accordance with the provisions of this By-law. (c) Permitted Interior Alteration The interior of any building or structure which was lawfully used for a purpose not permissible within the zone in which it is located prior to November 16, 2001, may be reconstructed or structurally altered, in order to render the building or structure more convenient for the existing purpose for which it was lawfully used. 5.32 Special Setbacks within ORM Zones In addition to the other provisions of this By-law, within the area of the Oak Ridges Moraine as shown on Schedule A and Schedule B, and within zones having an ORM prefix the following setbacks shall apply: (a) Watercourses All buildings or structures shall be located a minimum of 30 metres from the high water mark of any river, stream, creek or municipal drain. (b) Steep Slopes or Ravines All buildings or structures shall be located a minimum of 15 metres from the top of bank of a slope in excess of 25 percent. (c) Wetlands All buildings and structures shall be located a minimum of 30 metres from the edge of a wetland. -7- 5.33 Split Zoning Where a lot is divided into more than one zone each separately zoned portion of the lot shall be used in accordance with the provisions of that zone. All buildings, structures and uses shall conform with ~he sppiicable zone regulations for that ..-'one ss if esch separately zoned portion was a lot. However, no lot shall have more ~han one building containing a dweiling on the lot except as specifically permitted by this By-law. 5.34 Lots having Reduced Lot Area and/or Reduced Lot Frontage Lots may be used and a building or structure may be constructed altered or used on a lot having a lesser lot area and/or a lesser lot frontage than required by this By-law, provided that the lot has been held under distinct and separate ownership from the abutting lots or was legally created prior to the passing of this By-law, or created as a result of expropriation. The building, structures and use must conform to all other applicable provisions and regulations of this By-law. 5.35 Non-Complying Provisions Enlargements, additions or alterations are permitted to buildings or structures which are either lawfully non-complying themselves, or are situated on lawfully non-complying lots, provided that: a) the use of the lot and the building or structure is conforming to a permitted use; and b) the extent to which the building, structure or lot does not meet the requirements of this By-law is not increased; and c) none of the requirements of this By-law, which were not infringed by the building or structure as it existed immediately prior to the construction of any enlargement, addition or alteration hereby permitted, are affected. 5.36 Home Industry Where a home industry is permitted as an accessory use to a single detached dwelling !he-following provisions shall apply: a) In addition t0 persons living on the premises not more than two (2) employees shall be engaged in the home industry. b) Such home industry may be located in part of a dwelling or in any accessory building located on a lot on which a dwelling is in existence, provided the total gross floor area utilized by the home industry does not exceed a maximum of 140 square metres. c) d) There shall be no display, other than a non-illuminated sign having a maximum surface area of 1.0 square metres. There shall be no outside storage of goods, materials or articles. e) Only currently licensed motor vehicles, associated with the home industry may be parked or stored on the lot in an interior side or rear yard. (9) f) A boarding kennel shall not be permitted as a home industry. g) Home Industry uses shall not include the generation of or storage of hazardous waste, iiquid industrial waste, or any severely toxic contaminant listed in Schedule 3 ~o Cntario Regulation 347 RSO, !990. Section 6 is hereby amended by adding a new Subsection 6.4 following Subsection 6.3 as follows: 6.4 OAK RIDGES MORAINE AGRICULTURAL (ORM-A) ZONE No person shall within a Oak Ridges Moraine Agricultural (ORM-A) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 6.4.1 6.4.2 6.4.3 Permitted Uses i) agricultural use ii) farm produce sales outlet accessory to a farm iii) farm produce storage facility iv) greenhouse operation v) home-based business vi) home industry vii) kennel viii) resource management activities ix) single detached dwelling x) specialized agriculture not exceeding 300 nutrient units animal units xi) a second single detached temporary dwelling accessory to a farm on a lot of at least 38 hectares located within 50 m of the existing dwelling xii) wayside pit or wayside quarry including a portable asphalt plant Regulations for Permit[ed Uses i) Minimum Lot Area 41 hectares Minimum Lot Frontage Minimum Yard: Requirements 150 metres iv) v) vi) Special a) Front Yard 30 metres b) Interior Side Yard 15 metres c) Exterior Side ~'ard" 30 metres d) Rear Yard 30 metres Maximum Lot Coverage 5% Maximum Height 12 metres Minimum dwelling unit size 140 square metres Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-A Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. -9- (10) Section 7 is hereby amended by adding a new Subsection 7.5 following Subsection 7.4 as follows: (11) 7.5 OAK RIDGES MORAINE INSTITUTIONAL (ORM-I) ZONE No person shaii within any Oak Ridges Moraine institutional (ORM-I) Zone. use sny !and or erect, alter or use any building or structure except in accordance with the following: 7.5.1 Permitted Uses No person shall within any Oak Ridges Moraine Institutional (ORM-I) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: i) ambulance station ii) business, professional and administrative offices iii) cemetery iv) community centre including a banquet hall v) day nursery vi) fire station vii) library viii) municipal office and public works yard ix) nursing home x) place of worship xi) school 7.5.2 Regulations for Permitted Uses ii) iii) Minimum Lot Area 1.0 hectares Minimum Lot Frontage 60 metres Minimum Yard Requirements a) Front Yard 6.0 metres b) Interior Side Yard 3.0 metres. c) Exterior Side Yard 6.0 metres d) Rear, Yard 7.5 metres iv) Maximum Lot Coverage 25% v) Minimum Landscaped Open . 10% Space vi) In any yard abutting a Residential Zone a planting strip of at least 3.0 metres shall be required. 7.5.3 Special Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-I Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. Section 8 is hereby amended by adding new Subsections 8.5 and 8.6 following Subsection 8.4 as follows: 8.5 -!0- OAK RIDGES MORAINE - HAMLET RESIDENTIAL FIVE (ORM-R5) ZONE No person shall within a Oak Ridges Moraine Hamlet Residential (ORM-R5) Zone, use any land or erect, alter or use @ny builCing or structure in accordance with the foilowing: 8.,,., Permitted Uses single detached dwelling home-based business 8.5.2 Regulations for Permitted Uses i) Minimum Lot Area 1390 square metres ii) Minimum Lot Frontage 22.0 metres iii) Minimum Yard Requirements a) Front Yard 9.0 metres b) Interior Side Yard 1.8 metres c) Exterior Side Yard 7.5 metres d) Rear Yard 9.0 metres iv) Maximum Lot Coverage 20% v) Maximum Height 10.5 metres vi) Minimum dwelling unit floor area 100 square metres 8.5.3 Special Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-R5 Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of [his Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. 8.5.3.1 ORM-R5-1 a) Notwithstanding Subsection 8.5.1 to the contrary, a day nursery shall be a;permitted use provided the lands and premises are duly./licenced pursuant to The Day Nurseries Act, or any successor thereto, for use as a facility for the daytime care of [~ot\more than '. fiffy-five (55) children at any one time. 8.6 OAK RIDGES MORAINE HAMLET RESIDENTIAL SIX (ORM-R6) ZONE No person shall within a Oak Ridges Moraine Hamlet Residential Six (ORM-R6) Zone, use any land or erect, alter or use any building or structure in accordance with the following: 8.6.1 Permitted Uses single detached dwelling home-based business 8.6.2 Regulations for Permitted Uses i) Minimum Lot Area 0.3 hectares 8.6.3 iv) v) vi) Minimum Lot Frontage 22.0 metres Minimum Yard Requirements a) Front Yard 9.0 metres b) Interior Side Yard 1.8 metres c) Exterior Side Yard 2.7 metres .'~ Rear Yard 9.0 metres Maximum Lot Coverage 20% Maximum Height 12.0 metres Minimum dwelling unit floor area 95 square metres Special Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-R6 Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. 8.6.3.1 ORM-R6-1 8.6.3.2 a) Notwithstanding Clause 5.18 (a) of By-law 3037 to the contrary, a detached garage is permitted in a side yard. ORM~R6-2 a) Notwithstanding Subsection 8.6.2 to the contrary, the following shall apply: 8.6.3.3 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) ORM-R6-3 m~nimum minimum minimum minimum minimum minimum lot area of 4,000 square metres lot frontage of 35 metres front yard depth of 12 metres interior side yard width of 3.0 metres flankage yard width 1-0.0 metres rear yard depth Of12 metres maximum building height of 12:metres maximum lot coverage Of 20 percent a) Notwithstanding Subsection 8.6.1 Where a detached dwelling e~'i'sts on a...Iot, a; garden suite - type 1 may be established on the same lot in accordance with the following: Despite the accessory building and use provisions of Section 5.18 of By-law 3037, a maximum of one Garden Suite being defined as a dwelling unit which is detached from, but accessory to and sharing the same water and sanitary services as, a main detached dwelling located on the same lot; may be permitted per lot in the rear yard of any lot on the lands Zoned "ORM-R6-3" in accordance with the rear yard depth, side yard width, flankage side yard width and lot coverage provisions of this section, and subject to the following provisions: A maximum floor area of 65 square metres; -12- maximum ground floor area of 65 square metres for any structure containing a garden suite; maximum height of 5.0 metres, ~.~;(c8pt where a garden suite is constructed as a second floor of a detached garage, in which case the maximum height of the entire structure shall be 6.0 metres; 8.6.3.4 ORM-R6-4 D minimum separation between garden suite and main dwelling of 6.0 metres. a) Notwithstanding Clause 8.6.2 i) a minimum lot area of 0.2 hectares shall be provided. 8,6.3.50RM-R6-5 a) b) Notwithstanding Subsection 8.6.2 to the contrary no buildings or structures shall be permitted within 15 metres of the railway right-of-way. Notwithstanding Subsection 8.6.2 to the contrary no buildings or structures including swimming pools, sheds, decks and other appurtenances shall be permitted within 10 metres of the "ORM-EP" Zone. (12) c) Notwithstanding Clause 5.18 (a) of By-law 3037 to the contrary, a detached garage is permitted in a side yard. Section 9 is hereby amended by deleting Subsection 9.3 replacing it with a new subsection 9.3 following subsection 9.2 as follows: 9.3 OAK RIDGES MORAINE - GENERAL COMMERCIAL (ORM-C2) ZONE 9.3.1 No person shall within any Oak Ridges Moraine General Commercial (ORM-C2) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses i) accessory dwe!!ing unit above or behind the principle use ii) assembly hall iii) banks or financial 'institutions iv) business, professional and;administrative offices v) clinic vi) day nursery vii) gas bar ' viii) hotels and motels ix) pait~ing lot x) personal services shop xi) place of amusement xii) place of worship xiii) post office xiv) private club xv) public storage buildings xvi) restaurant or tavern xvii) retail store xviii) service shop -13- 9.3.2 iii) 9.3.3 9.3.3.1 9.3.3.2 Regulations for Permitted Uses Minimum Lot Area Nil Minimum Lot Area for accessow dwelling 0.5 hectares Minimum Lot Frontage Nil iv) v) vi) vii) Minimum Yard Requirements a) Front Yard Nil b) Interior Side Yard Nil - Interior Side Yard abutting Residential zone or use 3.0 metres c) Exterior Side Yard 6.0 metres d) Rear Yard 8.0 metres Maximum Lot Coverage 33% Minimum Landscaped Open Space 50% Maximum Height 10.5 metres In any yard abutting a Residential Zone a planting strip of at least 3.0 metres shall be required viii) Minimum dwelling unit size Special Conditions 55 square metres The provisions of this Subsection apply to special situations and the zones are not the standard ORM-C2 Zone. Where there ~;s any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. ORM-C2-1 a) Notwithstanding. Subsection 9.4.1 to the contrary, a maximum of four (4) dwelling Units are permitted subject to the following provisions: (i) a m~nimum of',.1.25 parking spaces shall be provided for~ each dWellinq unit whiCh contains one or less than bne bedro°r~. ',L..~ (ii) a mir~imum (~f"i.75 parking spaces shall be provided for eacll dwelling unit which contains more than one bedroom. ORM-C2-2 a) Notwithstanding Subsection 9.4:1 to the contrary, a maximum of four dwelling units and one commercial unit are permitted subject to the following provisions: (i) a minimum of 6 parking spaces shall be provided for the existing building that contains four dwelling units and one commercial unit. -14- (ii) the maximum floor space for any commercial unit in a building that contains residential dwelling units is 36 square metres. (iii) Clause 5.19.2 b), d) and k) of By-law 3037, as amended, shall ;qot apply to the existing building on .".he property. (13) Section 11 is hereby amended by adding a new subsection 11.3 following subsection 11.2 as follows: 11.3 OAK RIDGES MORAINE INDUSTRIAL (ORM-M1) ZONE No person shall within any Oak Ridges Moraine Industrial (ORM-M1) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: 11.3.1 Permitted Uses i) building supply and lumber outlet ii) business, professional and administrative office iii) contractors yard iv) equipment sales and services v) feed mill vi) light manufacturing vii) retail sales accessory to a permitted use not 35 percent of the total floor area viii) transportation depot ix) warehouse including self storage x) workshop exceeding 11.3.2 Regulations for Permitted Uses i) Minimum Lot Area 0.8 hectares ii) Minimum Lot Frontage 60 metres iii) Minimum Yard Requirements a) Front Yard 15 metres b) Interior Side Yard 6.0 metres c) Exterior Side Yard 15 metres d) Rear Yard 7.5 metres iv) v) Maximum Lot, Coverage .25% Minimum Landscaped Open :Space 20% vi) MaximumHeight 10.5 metres vii) In'. any yar~d labutting ::a. Residential Zone a planting strip of at least'3.0 me[res Sh~ll be required. 11.3.3 Special Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-M1 Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. (14) Section 13 is hereby amended by adding new subsections 13.4 and 13.5 following subsection 13.3 as follows: 13.4 OAK RIDGES MORAINE OPEN SPACE (ORM-OS) ZONE 13.4.1 13.4.2 13.4.3 13.5 13.5.1 13.5.2 No person shall within an Oak Ridges Moraine Open :Space (ORM-OS) Zone, use any land or erect, alter or use any building or structure except in accordance with the following: Permitted Uses i) cemetery ii) public park and accessory structures iii) public recreation centre iv) resource management activities Regulations for Permitted Uses i) Minimum Lot Area 0.2 hectares ii) Minimum Lot Frontage 30 metres iii) Minimum Yard Requirements a) Front Yard 30 metres b) Interior Side Yard 30 metres c) Exterior Side Yard 30 metres d) Rear Yard 30 metres iv) Maximum Lot Coverage 1% v) Minimum Landscaped Open Space 50% vi) Maximum Height 10.5 metres Special Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-OS Zon.e. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. OAK RIDGES MORAINE OPEN SPACE/RECREATION (ORM-OSR) ZONE No person shall within any Oak Ridges Mbraine Open Space (ORM-OSR) Zone, use any landor,.erect, alter Or 'use any building or structure except in accordance with the foll~owing; Permitted Uses ~) ii) iii) iv) v) golf course outdoor recreation area private recreational~park i resource management activities an accessory detach'ed .dwelling Regulations for Permitted Uses i) Minimum Lot Area ii) Minimum Lot Frontage iii) Minimum Yard Requirements 4.0 hectares 150 metres (15) -16- vi) vii) a) Front Yard 30 metres b) Interior Side Yard 15 metres c) Exterior Side Yard 30 metres d) Rear Yard 30 metres Maximum Lot Cove,~a§e 5% Minimum Landscaped Open Space 50% Maximum Height 10.5 metres In any yard abutting a Residential Zone a landscape strip of at least 3.0 metres shall be required. 13.5.3 Special Conditions The provisions of this Subsection apply to special situations and the zones are not the standard ORM-OSR Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. Section 14 is hereby amended by adding a new subsection 14.4 following subsection 14.3 as follows: 14.4 OAK RIDGES MORAINE ENVIRONMENTAL PROTECTION (ORM-EP) ZONE No person shall, within any Oak Ridges Moraine Environmental Protection (ORM-EP) Zone erect, alter or use any building or structure except in accordance with the following provisions: 14.4.1 Permitted Uses ~) iii) iv) v) vi) existing agricultural use conservation passive public recreation resource management legally existing-ORM uses, buildings and structures single detached dwelling on an existing lot of record where a single detached dwelling would have been permitted as of November 15, 2001. 14.4.2 Regulations for Permitted Uses No buildings or structures, iDcluding aqcessory buildings or structures-witt~ ,.!he exception o.~\ pump ho.uSes an~ buildings and structures for flood an8 bro.si0n (~r Single det~ctied dwelling in accordance,w~th Subsecbon t4.,4:1 (,vi) subject to the prowslons of SubsectiOn 8.6.312! are Cerrditted in ,tl~e Environrfiental Protection (ORM-ER) Zone. -" 14.4.3 Special Conditions The provisions of this Subsection apply to special situations and the zones are-not the standard ORM-EP Zone. Where there is any conflict between the provisions of this Subsection and any other provision of this By-law, the provisions of this Subsection shall apply, but in the event that this Subsection is silent on any matter, then all other relevant provisions of this By-law shall apply. 5. =¢~EPEAL OF BY-LAWS _ ~ ¢ ~Jpon this By-law being in force and effect, the following By-taws are hereby ~ ~1~ Tepealed: 3. 1809184 4. 2031/85 5. 2168~86 6. 2209~86 7. 2211/86 8. 2325~86 9. 3992~92 10. 4550~95 11. 48O5~96 12. 4827~96 13. 5654/01 14. 5791/01 15. 6021102 16. 6165103 17. 6478~05 6. BY-LAW By-law 3037, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedules 1 to 9 inclusive, attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3037, as amended. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Oak Ridges Moraine Conservation Act and the Planning Act. BY-LAW read a first, second and third time and finally passed this ,2005. day of David;Ryan, iMayor Bruce.,,TaylOr, Clerk ORM-A ORM-A ORM-A ORM-A bJ IREGIONAL ORM-A ROAD S ORM~A SCHEDULE T TO BY-LAW PASSED THIS DAY OF 2005 MAYOR CLERK SCHEDULE 1 of 9 :M-EF O~RM-EP Ot:~M-A ORM-EP ~ ~ ORM-EP DRM-A w ORM-A ORM-A ORM-A ORM-A 5 SCHEDULE Tr TO BY-LAW PASSED THIS DAY OF 2OO5 '¢ MAYOR CLERK SCHEDULE 2 of 9 ORM-EP ~3RM-EP ORM~A ORM-A ORM-EP ORM-A Ld Z ~ ORM-A ORM-EP ORM-A SCHEDULE TIT TO BY-LAW PASSED THIS DAY OF 2OO5 MAYOR CLERK SCHEDULE 3 of 9 ;RM-A ORM-A ORM-A z d ORM-A ORM-EP ORM-A SCHEDULE ~ TO BY'LAW PASSED THIS DAY OF 2005 MAYOR CLERK SCHEDULE 4 of 9 ORM-EP Ld ORM-EP ORM-A ORM-EP RM-E ORM-A i ORM-EP ROA bJ Ld SCHEDULE ~ TO BY-LAW PASSED THIS DAY OF 20O5 MAYOR CLERK SCHEDULE 5 of 9 ORM-A - 3RM-EP I ORM-A w p- w IONAL ROAD Ld ORM-A Z SCHEDULE ~ TO BY-LAW PASSED THIS DAY OF 2005 MAYO R CLERK SCHEDULE6of 9 ORM-A Z i ORM-EP O~M-A ORM-A ORM-OSR ORM-A ORM-A SCHEDULE ~ TO BY-LAW PASSED THIS DAY OF 2005 '¢ MAYOR CLERK SCHEDULE7of 9 ORM-R6-5 ORM-EP ORM-A OI ORM-A OI ORM-I ORM-OSI SCHEDULE'tTITf TO BY-LAW PASSED THIS DAY OF. 2005 ORM- MAYOR CLERK "'-- SCHEDULE 8 of 9 ORM-F_P ORM-A ~M-A ORM-A )RM-EP ORM-EP ORM-R6-5 ORM-EP SCHEDULE "~ TO BY-LAW PASSED THIS __ DAY OF__ 2O05 ORM-A ORM-A MAYOR CLERK SCHEDULE 9 of 9 ATTACHMENT # ~_,~.TO