HomeMy WebLinkAboutInformation Report 09-19City -F
DICKERING
Information Report to
Planning & Development Committee
Report Number: 09-19
Date: June 17, 2019
From: Catherine Rose, MCIP, RPP
Chief Planner
Subject: City Initiated Official Plan Amendment: Ecosystem Compensation
Proposed Amendment 35 to the Pickering Official Plan
File: OPA 19-003/P
1. Purpose of this Report
The purpose of this report is to provide information on a City initiated official plan
amendment application. This report contains background information on the current Official
Plan and the purpose of the proposed amendment.
This report is intended to assist members of the public and other interested stakeholders to
understand the proposal. The Planning & Development Committee will hear public
delegations on the application, ask questions of clarification, and identify any planning
matters. This report is to be received, and no decision is to be made at this time. Staff will
bring forward a recommendation report for consideration by the Planning & Development
Committee upon completion of a review of the comments received and revisions to the
amendment where appropriate.
2. Background
There is a strong policy framework in Ontario to protect and expand the natural heritage
system. The Planning Act identifies the protection of ecological systems, including natural
areas, features and functions as a matter of Provincial interest. Similarly, the Provincial
Policy Statement requires that the long term ecological function and biodiversity of natural
heritage systems should be maintained, restored or enhanced where possible.
Municipalities and other agencies protect these systems through various processes.
Regional and local official plans designate lands as natural heritage systems where
development is generally not permissible. Municipalities may also pass Tree Protection
By-laws to further regulate natural heritage system lands and/or the destruction of
individual trees, and to establish penalties for unlawful removal of trees in the areas
covered by the by-laws. Additionally, municipalities may establish compensation protocols
to calculate a value for the lost feature, function, or area, and require the value to be used
towards enhancing the natural heritage system in a nearby location.
Information Report No. 09-19 Page 2
The Toronto and Region Conservation Authority (TRCA) is one of the City's partner
agencies that plays a strong role in protecting and enhancing the natural heritage system
through its regulatory authority, land stewardship, and as a commenting agency on
development applications. The Conservation Authorities and municipalities have been
continuously working together to reduce the losses to the natural heritage system through
the promotion of best practices, strengthening environmental policies, education programs,
and compensation requirements.
In spite of the strong policy framework, and the efforts and initiatives from the City and
TRCA to protect, restore, or enhance the natural heritage system, losses to the natural
heritage system and features continue to occur due to unavoidable losses associated with
urbanization and infrastructure expansion. These losses may become even more apparent
due to impacts associated with climate change. For example, there may be more insect
and disease outbreaks, or increased tree stress may affect forest growth.
In November 2014, TRCA adopted their Living City Policies. These policies, among other
matters, introduced stronger policy direction regarding "compensation", defining it in the
context of conservation and land use planning, as "the replacement of lost/altered
ecosystem services or ecological functions". The Living Cities policies also recommended
that after all other options for protection, minimization and mitigation have been exhausted,
and where no other federal, provincial and municipal requirements exist to protect a natural
heritage feature being impacted by development or infrastructure, that compensation for
the loss of ecosystem services be provided. Ultimately, the main objective of collecting
compensation is to secure funds to replant trees and/or restore ecosystem functions, such
as wetland or meadow restoration.
Although compensation has been partially successful in restoring natural heritage systems
and ecological functions, TRCA recognized that there have been various challenges in its
application, such as the lack of consistent standards and transparency, and the lack of
direction on selecting sites for ecological restoration. Subsequently, TRCA, over a period
of approximately three years, developed a Guideline for Determining Ecosystem
Compensation, which included consultation with key stakeholders, the building industry,
and municipalities. The Guideline provides direction for compensation in a consistent and
transparent manner, after it has been decided through a planning, environmental
assessment and/or permit process, that the impact on a natural heritage feature cannot be
avoided, minimized or mitigated. In June 2018, the TRCA Board endorsed the Guideline
and directed TRCA staff to work with municipalities and public agencies to implement it,
recognizing their distinct regulatory frameworks.
In April 2019, Council received Report PLN 07-19 regarding TRCA's Guideline for Determining
Ecosystem Compensation. To ensure consistent application of the Guideline and coordination
with the City's current compensation practices, City Council, on April 23, 2019, authorized
staff to initiate an amendment to the Pickering Official Plan to introduce policies that
address ecosystem loss and compensation due to development impacts, where all options
for protection have been exhausted, on a city-wide basis.
Information Report No. 09-19 Page 3
Council's resolution with respect to Report PLN 07-19 also included authorization to staff to
develop a memorandum of understanding in consultation with TRCA regarding the
administration and collection of the fees and technical guidance regarding the interpretation
and calculation of compensation in terms of the Guideline. Staff will be addressing the
memorandum of understanding through a separate process. This report deals with the
proposed official plan amendment.
3. Why is this amendment being proposed?
Although the principle of compensation is already embedded in the Pickering Official Plan,
the current policies regarding compensation are specific to only infrastructure expansions,
certain urban neighbourhoods and certain natural heritage features, and do not directly
address ecosystem loss and compensation due to development impacts, on a City-wide
basis. Nonetheless, policy 2.5.a) of the Plan states that critical ecological functions and
components should be protected from inappropriate human uses and activities.
The City works with TRCA and the development industry to seek favorable outcomes
where critical ecological functions and components cannot be protected through the
unavoidable loss of key natural heritage or key hydrologic features due to development or
infrastructure impacts. Yet, the absence of City-wide policies in relation to ecosystem loss
and compensation leaves a policy void. This void can hamper the City and TRCA's efforts
to achieve shared objectives for a connected and robust natural heritage system and to
reach a satisfactory level of compensation to provide meaningful replacement or
enhancement of natural heritage features.
A more complete policy framework on ecosystem Toss and compensation will create a level
playing field and a greater degree of consistency for all development proposals in the City,
irrespective of the geographic area in the City or the type of natural feature impacted.
Embedding the principle of ecosystem compensation (where all options for protection have
been exhausted) in the Pickering Official Plan will provide a stronger basis for collaboration
between parties and to achieve consistent and transparent approach to compensation
through the implementation of approved development proposals.
4. What is being proposed?
The proposed amendment will introduce revisions to Pickering's Ecological System policies
in Chapter 2 — The Planning Framework and to Chapter 16 — Development Review of the
Pickering Official Plan. Recognizing that the City has a Tree Removal Compensation Fee
policy for individual tree loss, this proposed amendment seeks to expand the local policy
framework to a more robust approach to address the loss of ecosystem functions in
addition to individual tree loss. More specifically, the key changes proposed to the Official
Plan text will:
• expand the requirement for restoration and rehabilitation of degraded and damaged
ecosystems, to also include the option of ecosystem compensation due to development
impacts (where all options for protection have been exhausted), through the
implementation of approved development applications.
Information Report No. 09-19 Page 4
• require proponents of development applications to include recommendations regarding
compensation where all options for the protection of the ecosystem (e.g., mitigation or
remediation) have been exhausted, through Environmental Reports.
The proposed amendment, including the text of the proposed revised policies, is contained
in Appendix I. Appendix I also includes the purpose and basis for the amendment. The
proposed amendment applies City-wide.
5. Who has been notified of this Public Meeting to consider the proposed amendment?
The proposed amendment was prepared in consultation with the City's Engineering
Services department. The proposed amendment has been circulated to the Region of
Durham and other prescribed agencies for their comment.
In addition, the notice was posted on the City's website, and an advertisement appeared in
the local newspaper for two consecutive weeks on May 29, 2019 and June 5, 2019.
6. Procedural lnformation
6.1 General
• written comments regarding this proposal should be directed to the City Development
Department
• oral comments may be made at the Public Information Meeting
• all comments received will be noted and used as input to a Planning Report prepared
by the City Development Department for a subsequent meeting of Council or a
Committee of Council
• any member of the public who wishes to reserve the option to appeal Council's decision
must provide comments to the City before Council adopts any by-law for this proposal
• any member of the public who wishes to be notified of Council's decision regarding this
proposal must request such in writing to the City Clerk
6.2 Official Plan Amendment Approval Authority
• the Region of Durham may exempt certain local official plan amendments from
Regional approval if such applications are determined to be locally significant, and do
not exhibit matters of Regional and/or Provincial interest
• at this time, the Region has not yet determined whether this official plan amendment
application is exempt from Regional Approval
7. What are the Next Steps
Following the public meeting, all comments received either through the public meeting or
through written submissions, will be considered by Planning Staff in its review and analysis
of the proposed amendment. At such time as input from the public, agencies and
departments have been received and assessed, a recommendation report will be brought
forward to the Planning & Development Committee for consideration.
Information Report No. 09-19 Page 5
Appendix
Appendix I Proposed Amendment 35 to the Pickering Official Plan
Prepared By: Approved/Endorsed By:
acobs, MCIP, RPP Catherine Rose, MCIP, RPP
Principal Planner, Policy Chief Planner
Jeff Brooks, MCIP, RPP
Manager, Policy & Geomatics
DJ:JB:Id
Date of Report: May 22, 2019
Appendix I to
Information Report 09-19
City Initiated Official Plan Amendment
Ecosystem Compensation
Proposed Amendment 35 to the Pickering Official Plan
Proposed Amendment 35 to the Pickering Official Plan
114
Purpose: The purpose of this Amendment is to add new policies to and change
existing policies in the Pickering Official Plan with regard to ecosystem
loss and compensation.
Location: The Amendment applies City-wide.
Basis: There is a strong policy framework in Ontario to protect and expand the
natural heritage system. The Planning Act identifies the protection of
ecological systems, including natural areas, features and functions as a
matter of Provincial interest. Similarly, the Provincial Policy Statement
requires that the long term ecological function and biodiversity of natural
heritage systems should be maintained, restored or enhanced where
possible.
The natural heritage system and features are still being compromised or
lost through development and the effects of climate change.
Embedding the principle of ecosystem compensation (where all options for
protection have been exhausted) in the Pickering Official Plan will provide
a stronger basis for collaboration between parties and to achieve
consistent and transparent approach to compensation through the
implementation of approved development proposals.
The compensation will enable the replanting, restoration and/or
enhancement of the natural heritage system.
Amendment: The Pickering Official Plan is hereby amended by:
1. Revising Section 2.5, Ecological System, in Chapter 2 — The Planning Framework, by
adding a new subsection (d) to read as follows, and renumbering the subsequent
subsections accordingly:
"2.5 City Council will endeavour to,
(a) to (c) ...;
,(s_11 require compensation for the Toss of ecosystem functions due to
development impacts, after all other options for protection
minimization and mitigation have been exhausted, in accordance
with the relevant conservation authority's guideline for determining
ecosystem compensation, with theexception of tree removal that
falls under the purview of the City's Tree Removal Compensation
Fee, where applicable;"
Proposed Amendment 35 to the Pickering Official Plan Page 2
2. Revising Section 16.10, Environmental Report Contents, in Chapter 16 — Development
Review, by revising subsection (h) to read as follows:
"16.10 City Council shall require that the Environmental Report submitted in
accordance with Section 16.8 include at least the following,
(a) to (g)...;
(h) where potential negative effects are unavoidable, recommendations
regarding the actions necessary to mitigate or remedy the negative
effect which, as a last resort, may include the payment of
compensation to the City for the Toss of ecosystem functions, of
which the cost is to be determined in accordance with the applicable
conservation authority's guideline for determining ecosystem loss
and/or the City's Tree Removal Compensation Fee; and
11
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. In light of the numerous components of the Official Plan that
are being revised concurrently, the numbering of the policy sections in this
amendment is subject to change in accordance with the sequencing of
approvals.
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, except as revised by this amendment.
Cross Reference:
OPA 19-003/P
City Initiated