HomeMy WebLinkAboutPD 32-02
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REPORT TO COUNCIL
FROM:
Neil Carroll
Director, Planning & Development
DATE: June 28, 2002
REPORT NUMBER: PD 32-02
SUBJECT:
Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
RECOMMENDATION:
1.
That Report Number PD 32-02 of the Director, Planning & Development regarding the
Oak Ridges Moraine Conservation Act, 2001, and the Oak Ridges Moraine Conservation Plan,
2001, be received for information.
ORIGIN:
On April 22, 2002, the Province established the Oak Ridges Moraine Conservation Plan by
Ontario Regulation 140102, under the authority of Bill 122, An Act to conserve
the Oak Ridges Moraine by providingfor the Oak Ridges Moraine Conservation Plan, 2001.
AUTHORITY:
Oak Ridges Moraine Conservation Act, 2001
Oak Ridges Moraine Conservation Plan, 2001
Planning Act, R.S. O. 1990, Chapter P.13
FINANCIAL IMPLICATIONS:
There are no direct financial implications to the City at this time.
EXECUTIVE SUMMARY:
On November 1, 2001, the Province introduced Bi11122, the An Act to conserve the Oak Ridges
Moraine by providing for the Oak Ridges Moraine Conservation Plan (the Act). On
November 1, 2001, the Province also introduced a Draft Oak Ridges Moraine Conservation Plan.
The Act is the enabling legislation to establish the Oak Ridges Moraine Conservation Plan (the
Plan) by regulation. The Act received Royal Assent on December 14, 2001. The Plan was
established by the Province, by Ontario Regulation 140102, on April 22, 2002. Both the Act and
the Plan are deemed to be in force and effect as of November 16, 2001.
The Oak Ridges Moraine Conservation Plan is an ecologically based land use plan that would
protect unique natural features and maintain water quality and quantity on the
Oak Ridges Moraine (ORM). The Act requires Regional and Local municipalities to implement
the Plan by: preparing and adopting amendments to Official Plans and Zoning By-laws to bring
them into conformity with the Plan; preparing watershed plans, including water budget and
conservation plans; identifying wellhead protection areas; and ensuring that any proposed
development within the Oak Ridges Moraine Area conforms to the Act and the Plan. The Act
also sets out other requirements pending new regulations, such as site alteration and tree-cutting
by-laws.
Report to Council PD 32-02
Date: June 28, 2002 1 71
Subject: Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
Page 2
The purpose of Report Number PD 32-02, ofthe Director, Planning & Development is to provide
an overview of the Oak Ridges Moraine Conservation Act (the Act) and the
Oak Ridges Moraine Conservation Plan (the Plan) and to infonn Council of the requirements to
implement the Plan at the local level.
BACKGROUND:
1.0
Overview
1.1
Chronology of Events
On May 17, 2001, the Province passed Bill 55, the Oak Ridges Moraine Protection Act, as part of
the Province's Smart Growth strategy. The Oak Ridges Moraine Protection Act, placed a
6-month freeze on approvals of development applications within the Oak Ridges Moraine,
effective until November 17,2001.
During the summer of 2001, a Provincially appointed Advisory Panel consulted with various
interest groups and agencies to reach a consensus on a strategy for protecting the Oak Ridges
Moraine. The Panel then released a document entitled "Share Your Vision for the Oak Ridges Moraine",
which provided a vision for the ORM, and recommendations regarding a strategy to protect the
ORM, which formed the basis for the Oak Ridges Moraine Conservation Plan.
On November 1, 2001, the Province introduced Bill 122, An Act to conserve the Oak Ridges
Moraine by providing for the Oak Ridges Moraine Conservation Plan, more commonly referred
to by its short title: Oak Ridges Moraine Conservation Act (the Act). On the same day, the
Province also introduced a Draft Oak Ridges Moraine Conservation Plan, and initiated a 30-day
consultation period. The Act received Royal Assent on December 14, 2001 and the Plan was
filed as Ontario Regulation 140102 on April 22, 2002. Both the Act and the Plan were deemed to
come into force on November 16,2001.
1.2
The Oak Ridges Moraine Conservation Act. 2001
The Oak Ridges Moraine Conservation Act, 2001 establishes a legislative framework for
protecting the Moraine's ecological and hydrological features and functions. The Act is the
enabling legislation to allow the Oak Ridges Moraine Conservation Plan to be established by
regulation. It should be noted however, that the Minister also has the authority to revoke the Plan
by regulation, subject to a public process.
The Act requires that development applications made under the Planning Act and
Condominium Act confonn to the Plan. The Act provides a process for prescribed Regional and
Local Official Plan Amendments and Zoning By-law amendments to bring Official Plans and
Zoning By-laws into confonnity with the Conservation Plan. The Act also provides a process for
development applications considered to be 'in transition', and appeals to the OMB of decisions
made prior to Oak Ridges Moraine Conservation Act coming into effect on November 16,2001.
Some regulations required to implement the Plan are not yet in place. Further, the Province
intends to introduce additional regulations regarding such requirements as site alteration by-laws
and tree-cutting by-laws.
1.3
The Oak Ridges Moraine Conservation Plan
The Oak Ridges Moraine Conservation Plan provides a land use policy framework for the long-
term protection and management of the ecological and hydrological integrity of the
Oak Ridges Moraine. The Plan consists of goals and objectives, permitted uses and prescribed
provisions to ensure that any proposed development within the Oak Ridges Moraine Area, as
identified on the Land Use Designation Map, conforms to the Plan (see Attachment #1).
172
Report to Council PD 32-02
Date: June 28, 2002
Subject: Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
Page 3
The Plan divides the Oak Ridges Moraine Area into four land use designations:
. Natural Core Areas, (38% of the Moraine), protect the greatest concentrations of key
natural heritage features, critical to maintaining the integrity of the Moraine as a
whole.
. Natural Linkage Areas, (24% of the Moraine), protect critical natural and open space
linkages between the Natural Core Areas and along rivers and streams.
.
Countryside Areas, (30% of the Moraine), protect prime agricultural areas and natural
features, and provide an agricultural and rural transition and buffer between the
Natural Core Areas and Natural Linkage Areas and the urbanized Settlement Areas.
Rural Settlement Areas (existing hamlets or similar small, generally long established
communities) are included within the Countryside Area land use designation; and
. Settlement Areas, (8% of the Moraine), reflect a range of existing predominantly
urban communities planned by municipalities.
The Natural Core and Natural Linkage Areas are the most restrictive land use designations. The
Countryside Area land use designation generally permits agricultural and rural land uses. With
the exception of limited lot creation in Rural Settlement Areas (infilling and minor rounding-
out), lot creation is restricted in the Natural Core Area, Natural Linkage Area and Countryside
Area land use designations. No lands (within the City of Pickering) are designated as
"Settlement Areas" in the Plan. Hamlets, such as Claremont, are recognized as Rural Settlement
Areas within the "Countryside Area" land use designation.
The Plan also introduces Key Natural Heritage Features, Hydrologically Sensitive Features,
Areas of High Aquifer Vulnerability, and Landform Conservation Areas, as well as minimum
Areas of Influence and minimum Vegetation Protection Zones for each of these features (see
Attachment #2). In reviewing development applications located within the Oak Ridges Moraine,
the Plan outlines specific planning, design and development restrictions and requirements that
need to be met to protect the integrity ofthe features.
1.4
Roles And Responsibilities
1.4.1 Province of Ontario
The Province's role is to implement the Plan within the existing land use planning policy
framework of Municipal Plan Review and the One Window Provincial Planning Service, by:
providing a legislative and policy framework; approving conformity amendments; and providing
training and technical assistance. Only the Minister or prescribed person or public body under
prescribed circumstances is able to amend the Plan. Regulations regarding amendments to the
Plan have not been introduced. Further, the Act requires that the Province undertake a 10-year
review of the Plan, which must include public consultation. Lands within the Natural Core Area
and Natural Linkage Area cannot be removed through the 10-year review of the Plan.
1.4.2 Region of Durham
The Region of Durham's role in implementing the Plan is to prepare and adopt Official Plan
amendments to bring the Durham Region Official Plan into conformity with the
Oak Ridges Moraine Conservation Plan. By April 22, 2003, the Region must: prepare and adopt
conformity amendments; identify wellhead protection areas within Official Plan amendments;
begin watershed plans for every stream originating within Durham Region; and prepare water
budget and conservation planes).
Report to Council PD 32-02
Date: June 28, 2002
173
Subject: Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
Page 4
1.4.3 City of Pickering
Local area municipalities are the key implementers of the Oak Ridges Moraine Conservation Plan.
As a key implementer, the main role of the City of Pickering is to ensure decisions regarding
Planning Act and Condominium Act applications conform to the Plan by applying the appropriate
provisions of the Plan to the consideration of development applications. The City's role is also
to: provide infonnation to the public, stakeholders and developers; to collect and share relevant
data; and to monitor the effectiveness of the Plan through partnership with the Ministry, Region
of Durham and other relevant agencies.
The prescribed role oflocal area municipalities is:
. To prepare and adopt an Official Plan amendment to implement the Plan, by October 22,
2003 (Section 9(2) of the Act);
. To prepare and adopt a Zoning By-law amendment to bring its Zoning By-law(s) into
conformity with the Plan, by October 22,2003 (Section 9(5) of the Act);
. To prepare and adopt an Official Plan amendment that establishes wellhead protection
areas for all existing and new wells, by October 22, 2003 (Section 42 of the Plan);
. To prepare and adopt an Official Plan amendment that prohibits or restricts uses within a
wellhead protection area that could adversely affect the quality or quantity of groundwater
reaching a well, by April 23, 2007 (Section 42 ofthe Plan).
The Act and the Plan will also require local area municipalities to: enter into a site plan
agreement or other agreement as appropriate when a lot is created; prepare and pass tree-cutting
and site alteration by-laws; and prepare comprehensive rehabilitation plans for aggregate sites, in
cooperation with the aggregate industry. The Ministry has indicated that tree-cutting and site
alteration by-laws are high priority items for which regulations may be passed in the next few
months. Some lands in Pickering within the area affected by the Oak Ridges Moraine
Conservation Plan are zoned by Minister's Zoning Order #1. Appropriate amendments(to the
Order) will be required.
1.5
Development Review
In order to ensure that development applications confonn to the Plan, City staff are required to
review applications within the context of both the Oak Ridges Moraine Conservation Act, and
the Oak Ridges Moraine Conservation Plan. In accordance with the Act, development located
within the ORM can be categorized as one of three types of development applications, as
follows:
Type 1. Development applications that were submitted after, and approved after,
November 17, 2001 ('must conform' under Section 15(1));
Type 2. Development applications that were submitted before, and approved after,
November 17,2001 ('in transition' under Section 15(2)); and
Type 3. Development applications that were submitted before, and approved before,
November 17,2001 ('grandfathered' under Section 15(3)).
City staff must apply the appropriate policies and provisions of the Plan during the review of a
development application, based on the 'type' of application being consolidated. '
174
Report to Council PD 32-02
Date: June 28, 2002
Subject: Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
Page 5
For applications that are 'grandfathered' there may be additional requirements regarding
conformity. These requirements could apply where further approvals under the Planning Act,
Condominium Act or Oak Ridges Moraine Conservation Act are required, where approvals may
have lapsed, and/or where new regulations are passed.
The following development applications in the City of Pickering are affected by the legislation
and will be reviewed within the context of the relevant provisions and policies of the Act and the
Plan:
City of Pickering Development Applications Mfected by the
Oak Ridges Moraine Conservation Act & the Oak Ridges Moraine Conservation Act Plan
Applicant File Number(s) Purpose of Application Type
M. Carson OPA 97-01O/D, OPA97-004/P, To permit a Golf Course / Inn 2
(Westwind) A 24/96
City of Pickering OPA 97-007/D
To recognize the HallÙet of Altona
2
Toko Investments 18T-90016 To permit a 27 unit subdivision 2
A 9/90
Claremont Estates S-P-2000-02 To permit a 19 unit subdivision 2
A 27/01
Claremont Estates 18T-87082, OPA 87-083/D, To permit a 16 unit subdivision 3
A 68/87
Winterstein A 6/01 To permit 5 residential units 2
Daniel Barkey A 12/93 To permit Auction sales 2
James Skentzos OPA 95-013/D To permit a gas station 2
A 32/92, S 18/92
Howard Burton Not assigned at date of writing To permit employment uses in the 1
this report HallÙet of Claremont
The Oak Ridges Moraine Conservation Plan has been deemed to be in effect as of November 16,
2001. Therefore, City staff are required to ensure that any proposed development within the Oak
Ridges Moraine Area conforms to the Plan, even prior to prescribed amendments to the City of
Pickering Official Plan and Zoning By-law being adopted. In case of conflict with an Official
Plan, Zoning By-law and/or Provincial policieslActs, the Oak Ridges Moraine Conservation Plan
prevails.
The Plan also contains specific provisions regarding single dwellings on existing lots of record,
as well as provisions for existing and previously authorized uses. For example, a building permit
may be issued for an existing lot of record if the zoning would have permitted a single dwelling
before November 15, 2001 and if the applicant can demonstrate to the extent possible, that there
is no adverse affect on ecological integrity. Further, the Plan contains provisions for the
continuation of legal non-conforming uses, and expansion of existing non-conforming buildings
where there is no adverse effect.
2.0
Discussion:
2.1
Official Plan and Zoning By-law Conformity Amendments
The City of Pickering is required by legislation and regulation to implement the Plan at the local
municipal level, by preparing and adopting conformity amendments to Official Plans and Zoning
By-laws and other requirements pending future regulations. However, amendments cannot be
adopted by Pickering Council until the Region adopts amendments to the Durham Region
Official Plan. Additional time is allowed for local area municipalities to adopt conformity
amendments. For example, where the Region of Durham. must prepare and adopt amendments
by April 22, 2003, the City of Pickering must prepare and adopt amendments by October 22,
2003.
Report to Council PD 32-02
Date: June 28, 2002 1 75
Subject: Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
Page 6
City staff are working with Ministry, Regional, local Municipal staff and other relevant agencies
to develop a coordinated approach to implement the Plan.
The Act provides for extensions to the deadline for adopting conformity amendments. Should
staff identify that an extension will be required, staff will report to Council recommending that
Pickering Council pass a resolution to request an extension from the Minister. If conformity
amendments are adopted by the deadlines required by the Act, then the amendments are approved
by the Minister and not subject to appeal. However, if conformity amendments are not adopted
by the deadline required by the Act, and if an extension has not been granted, then they are
subject to normal Planning Act requirements, and may be subject to appeal(s).
The Plan allows conformity amendments to further define the boundaries of the four land use
designations with greater precision than the Ministry's mapping can provide at its current scale.
For example, through the conformity amendment process, the boundary of
Rural Settlement Areas such as Claremont, can be more precisely delineated at the local level in
a manner consistent with the Plan's Land Use Designation map. However, the Plan does not
permit the outer boundary of the Oak Ridges Moraine Area to be modified. Delays in receiving
technical information or mapping from the Ministry may cause delays in preparing and adopting
conformity amendments.
The Plan does not permit Regional and local Official Plan policies regarding agricultural uses,
mineral aggregate operations and wayside pits to be more restrictive than those of the Plan.
However, nothing in the Plan is intended to prevent Official Plan policies and Zoning By-law
provisions that are more restrictive than the policies of the Plan, for uses other than the three uses
listed above. The Province encourages municipalities to develop additional policies for the ORM
that support, complement, or exceed the policies of the Plan, except for agricultural uses, mineral
aggregate operations and wayside pits.
The Minister of Municipal Affairs and Housing (the Minister) is the approval authority for
conformity amendments. The Minister's decision is final and not subject to appeal. Further, the
Minister maintains the ability to make a zoning order under the Planning Act, which would
supercede any Zoning By-law conformity amendments initiated by local municipalities.
2.2
Future Financial hnplications
The City of Pickering's involvement in implementing the Plan is required by Provincial
Legislation and Ontario Regulation. Therefore, implementation of the Plan will pose future
financial implications for the City of Pickering. Any costs associated with implementing the
Plan should be identified and included in future annual budgets pending full implementation of
the Plan. Examples of possible costs include hiring of consultant( s) to undertake work necessary
to implement the plan and subsequent on-going monitoring. The Province has not yet indicated
whether financial support will be provided to municipalities to assist in the implementation of the
Plan. However, Section 6 of the Act does allow for cost-sharing agreements regarding
implementation of the Plan. Pending future regulations being introduced, and pending
implementation of the Plan, associated costs are currently unknown.
3.0
Conclusions:
The Oak Ridges Moraine Conservation Plan has been deemed to be in effect as of
November 16,2001. Therefore, City staff, with the assistance of the Province, Region and
relevant agencies as required, are ensuring that any proposed development within the
Oak Ridges Moraine Area conforms to the Plan. Planning & Development staff are actively
participating in the Ministry's ongoing training sessions for the Oak Ridges Moraine Conservation Plan.
176
Report to Council PD 32-02
Date: June 28, 2002
Subject: Oak Ridges Moraine Conservation Act &
Oak Ridges Moraine Conservation Plan
Page 7
City staff are working with Ministry, Regional, local Municipal staff and other relevant agencies
to develop a coordinated approach to implement the Plan in accordance with statutory
requirements. Planning & Development staff will continue to update Council on any further
information provided by the Province and any further work undertaken by staff. Accordingly,
Planning & Development staff recommend that Report Number PD 32-02 be received for
information.
ATTACHMENTS:
1. Oak Ridges Moraine Conservation Plan - Land Use Designation Map
2. Excerpt from the Oak Ridges Moraine Conservation Plan
Prepared By:
Approved I Endorsed By:
4!6Zß
E W. Belsey
Planner IT
Neil Carroll, MCIP, RPP
Director, Planning & Development
~J¡L
Catherine L. Rose
Manager, Policy
EB/CRltd
Attachments
Copy: Chief Administrative Officer
Recommended for the consideration of Pickering
City Council
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TKomas J. Qmn'K, ChlM AdmmlsttàLì~.~ fficer
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REPORT II PD. 32.-02
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ATTACHMENT'?- TO
REPORT' PD '~2 - O~ -
EXCERPT FROM
177
THE OAK RIDGES MORAINE CONSERVATION PLAN
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42
TABLE
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
Column 1 Column 2 Colmnn 3
Item Feature Minimum Area of Influence
(21)
I. Wetlands All land within 120 metres of any part
offeature
2. Significant portions of Alltand within 120 metres of any part
habitat of endangered, rare of feature
and threatened species
3. Fish habitat AlUand wiWn 120 metres of any part
of feature
4. Areas of natural and All land wiWn 120 metres of any part
scientific interest Oife of feature
science}
5. Areas of natural and All land within 50 metres of any part
scientific interest (earth of featUre .
science) -
6. Significant valleylands All land wiWn 120 metres ofstable
top ofbank:
7. Significant woodlands All land wiWn 120 metres of any part
of feature
8. Significant wildlife habitat AlI1and within 120 metres of any part
of feature
9. Sand barrens, savannahs and All land within 120 metres of any part
tallgrass prairies of feature
10. Kettle lakes All land within 120 metres of the
surface catchment area
II. Permanent and intennittent All land within 120 metres of
streams meander belt
12. Seepage areas and springs All land wiWn 120 metres of any part
of feature
Column 4 -
Minimum Vegetation Protection Zone
(21,23,
26 (4), 30 (12)}
All land within 30 metres of any part of
feature, subject to clause 23 (d) if a natural
heritage evaluation is required
As determined by a natural heritage
evaluation carried out under section 23
All land within 30 metres of any part of
feature; subject to clause 23 (I) (d) if a
natural heritage evaluation is required
As determined by a natural heritage
evaluation carried out under section 23
As detennined by an earth science heritage
eValuation carried out under subsection 30
(12) .
All land within 30 metres of stable top of
bank, subject to clause 23 (I) (d) if a natural
heritage evaluation is reqUired
All land within 30 metres of the base of
outennost tree trunks within the woodland,
subject to clause 23 (I) (d) if a natural
heritage evaluation is required
As determined by a natural heritage
evaluation carried out under section 23
AU land within 30 metres of any part of
feature, subject to clause 23 (l) (d) if a
natural heritage evaluation is required
All land within the surface catchment area or
within 30 metres of any part of feature,
whichever is greater, subject to clause 26 (4)
(c) if a hydrological evaluation is required
All land within 30 metres of meander. belt,
subject to clause 26 (4) (c) and subsection 26
(5) if a hydrological evaluation is required
All land within 30 metres of any part of
feature, subject to clause 26 (4) (c) and
subsection 26 (5) if a hydrological evaluation
is required