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HomeMy WebLinkAboutBy-law 4079/92 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 4079/92 Being a By-law to adopt Amendment Number 79 to the District Plan for the Town of Pickering (OPA 92-7/P) WHEREAS pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(6) and 21(1), the Council of the Corporation of the Town of Pickering may by by-law adopt amendments to the District Plan for the Town of Pickering, being an official plan, and submit them to the Minister of Municipal Affairs for approval. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKER1NG HEREBY ENACTS AS FOLLOWS: 1. Amendment Number 79 to the District Plan for the Town of Picketing, attached hereto as Exhibit "A" and including the Explanatory Text, is hereby adopted. 2. The Clerk of the Town of Picketing is hereby authorized and directed to submit Amendment Number 79 to the District Plan for the Town of Picketing to the Ministry of Municipal Affairs for approval. 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law read a first, second and third time and finally passed this 21st day O1~ Sept. 199 2 MArdOP,// WAYNE ARTHURS BRUCE J. TAYLOR TOWN OF 'I PICKERING APPROVED 4079/92 Exhibit "A" to By-law AMENDMENT NO. 79 TO THE TOWN OF PICKERING DISTRICT PLAN (H1GHBUSH COMMUNITY PLAN) AMENDMENT NO. 79 TO THE PICKERING DISTRICT PLAN (HIGHBUSH COMMUNITY PLAN) PIJRI~SE: The purpose of this amendment is to change the current land use designations and policies to expand the environmental policy area and establish an environmental management strategy for those lands, to establish an urban forest area to conserve significant treed areas, to permit low density residential uses, community uses including elementary schools and parks, open space uses andrevise the local road pattern to allow the completion of the Highbush Community, and to extend the community boundary to incorporate the surplus hydro lands at the north east corner of the area. LOCATION: The subject lands are approximately 130 hectares (330 acres) in size. They comprise a block of land bounded by Rosebank Road, the CN Rail line, Altona Road and the Ontario Hydro corridor. The lands are generally described as Part of Lots 31 and 32, Concession 1 in the Town of Picketing. BASIS: The amendment has been determined to be appropriate following the completion of a land use study that was undertaken commencing in 1987 and following the completion of Phase I of the Altona Forest Environmental Management Study in 1990. This amendment provides opportunities for the Town to meet its ecological, social and economic objectives through acquisition of an urban forest and completion of the Highbush Community. The amendment improves upon the existing official plan by introducing an environmental management strategy for the area that includes matters such as the preparation of appropriate management and monitoring programs, environmental report g.uidelines and development standards for the area, and an on-going community awareness program. ACTUAL The Town of Pickering District Plan (Highbush Community Plan) is AMENDMENT: hereby amended by: Component I: Substantive AmendmenB (i) Add a new goal, numbered l.(g) as follows: l.(g) To acquire urban forest areas for purposes such as conservation, education and passive recreation. (ii) Replace section 2.E.(d) with the following: 2.E.(d) Lands designated Urban Forest shall be governed .by the policies contained in section 5 of this Commumty Plan. Page 2 (iii) Add a new section, numbered 2.F.(c), in section 2.F., as follows: 2.F.(c) The Community Uses area, located on the west side of Rosebank Road between the Collector Roads and adjacent to the lands designated Urban Forest, is intended to accommodate a neighbourhood park, a public elementary school and a s.eparate elementary school. A church may also be pernmtted in thi.q area. (iv) Add a new section 3.(c) as follows, and renumber the existing section 3.(c) as section 3.(d): 3.(c) Consideration shall be given to incorporating, where feasible, pedestrian undercro, ssings i~.to the design, of major collector roads to provade contmuons pedestrian linkages along open space corridors. (v) Add a new section 4.B. as follows: 4.B. Special Policy Area B An area located on the west side of Rosebank Road north of the Canadian National Railway line, con.ta.i.'ning a number of parcels under separate ownership, is Identified as Special Policy Area B. Council shall approve a local road pattern concept for all lands within Special Policy Area B prior to approving any draft plans of subdivision affecting any lands within Special Policy Area B. (vi) Replace section 5. ENVIRONMENTAL POLICY AREA in its entirety with the following: 5. ENVIRONMENTAL POLICY AREA A. General (a) Lands containing areas of high. environmental significance and sensitivity are identified as an Environmental Policy Area on Schedule V-A. (b) Development proposals within the Environmental Policy Area shall be reviewed against the polio, es .of this Community Plan, Part I .of the Picketing Dxstrict Plan, and the Durham Regional Official Plan: In particular, all proposals shall be reviewed considering the environmental features of the Area, the exact nature of the proposal, and its environmental impact. In considering these matters, Environmental and Engineering Reports shall be re. quired in accordance with section 5.D of this Commumty Plan. B. Urban Forest (a) Within the Environmental Policy Area, lands desi~?ated as Urban Forest on Schedule V-A contain sigmficant forested areas, woodlots and specimen trees. Page 3 (b) The Urban Forest area shall be retained primarily in its natural state and shall be used generally for purposes such as conservation, education, and passive recreation. Specific uses to be permitted in the Urban Forest area shall be set out m the Conservation/Management Program referred to in section 5.E.(e) of this Community Plan. (c) As an objective, the Urban Forest area shall .be approximately 19 hectares generally in the locanon shown on Schedule V-A, although the exact size and boundary of the Area shall be determined during the review of development applications by the Town, in consultation with the Metropolitan Toronto and Region Conservation Authority, and the Ministry of Natural Resources. (d) In the event a landowner agrees to dedicate free and clear to the Town all or a part of any lands desi~gnated Urban Forest, that landowner may be authorized a residential density transfer in accordance with section 5.C.(c) of this Community Plan. C. Residential Uses (a) Within the Environmental Policy Area, lands for residential development are designated Residential Low Density I and II on Schedule V-A. (b) Residential development within the net site density ranges for Low Density I and II shall be permitted. Within these ranges, the exact density and housing form to be permitted shall be established by the Town as a condition of approval of each development application. (c) The Town may authorize a residential density transfer to those landowners who have agreed to dedicate urban forest lands under section 5.B.(d). If a residential density transfer is authorized, residential development having a net site density greater t. han the maximum density 'allowed under a Residenual Low Density II designation may b.e permitted without amendment to this Commumty Plan. Required conditions and provisions for the tranxferring of residential density are spec'Lfied below: (i) Residential density may be transferred from the urban forest area only to lands situated within the Environmental Policy Area that are designated for residential development on Schedule V-A to this Community Plan. (ii) If residential density is to be transferred from one landowner to another, the Town shall require that appropriate agreements regarding the transferring of such density are entered into between the garticipating landowners, and, ff warranted, etween those landowners and the Town. Page 4 (iii) Only the urban forest area that is dedicated to the Town under section 5.B.(.d) may be used for the purpose of calculating residential density tramfers. (iv) The maximum density range that may be applied to the urban forest area m the calculation of a residential density transfer shall be Residential Low Density I. (v) The Town may authorize only a partial residential density transfer if it is determined, through the submission of an Environmental and Engineering Report, that a full residential density transfer will have an adverse impact on the area, considering such matters as effect on the natural environment, the availability of community facilities and services, the adequacy of roads, and the effect on abutting lands. D. Submission Requirements (a) Within the Environmental Policy Area, all applications for development by draft plan of subdivision, all zoning by-law amendment applications for non-residential land uses, and at the discretion of the Town, applications for development by consent, shall be supported by an Environmental and Engineering Report. The Environmental and .Engineering Report shall be prepared to the satisfaction of the Town, in consultanon with the Metropolitan Toront.o Region and Conservation Authority and the Ministry of Natural Resources. (b) The Environmental and Engineering Report shall be prepared by a qualified expert and shall contain the following components: (i) an Environmental Analysis that provides the following information: (l) an inventory of the natural and cultural environment of the site and adjacent lands with emphasis on forested areas, woodlots and specanen trees; (2) an identification of all areas and elements of significance on the site and on adjacent lands; and (3) an evaluation of all such areas and elements of significance to identify areas and elements to be retained. (ii) a Site Development Plan that illustrates: (1) existing grades; (2) the location of all areas and elements of significance on the site and on adjacent lands; (3) the configuration and location of all lots and blocks m the proposed subdivision or development proposal; Page 5 (4) general grading changes for the proposed subdivision or developme.n.t proposal vnth specific detail within and adjacent to all areas and elements to be retained on the site, and adjacent to abutting lands; and (5) the proposed locations of all '..tmportant development features within and .adjacent to the areas and elements to be retained on the site, which features may. include roads, building and construction envelopes, driveways, existing vegetation to be retained, and areas to be landscaped. (iii) an Environmental Impact Statement that provides the following information: (1) the overall potential environmental and engineering unpact of the proposed subdivision or development proposal, and. a specific identification of the potential environmental and engineering impacts of the development on all areas and elements to be retained on the site and on adjacent lands; and (2) a description of the mitigating measures and management strategies that are recommended prior to, during and following development to alleviate potential negative impacts and maintain potential positive impacts, on all areas and elements to be retained on the site and on adjacent lands. E. Implementation (a) Development in the Environmental Policy Area shall proceed using mitigating measures and management strategies that alleviate negative environmental impacts and enhance positive environmental impacts on the areas and elements of significance to be retained, prior to, dur'mg and following development. (b) Subdivision agreements and development agreements for lands within the Environmental Policy Area may specify appropriate mitigating . measures and management strategies for the Environmental Policy Area. (c) The Town in association with other relevant authorities shall prepare guidelines outlining appropriate mitigating measures and management strategies for the Environmental Policy Area. (d) The Town in association with other relevant authorities shall prepare guidelines for the preparation of Environmental and Engineering Reports. (e) The Town in association with other relevant authorities shall develop, implement and malnmln a Conservation/Management Program for lands designated Urban Forest. Page 6 (f) The Town in association with other relevant authorities shall develop, implement and maintain an Environmental Monitoring Program for the Environmental Policy Area. The Program sh.all .be implemented prior to any development occurring m the Environmental Policy Area. (g) The Town in association with other relevant authorities shall develop, implement and maintain a Community Awareness Program to obtain community support for the protection of the significant natural features in the Environmental Policy Area. (vii) Renumber sections 6.(e), 6.(f) and 6.(g) to sections 6.(0, 6.(g) and 6.(h) respectively and add a new section 6.(e) as follows: 6.(e) Notwithstanding the length of the collector road frontages of the lands designated Urban Forest and Community Uses shown on Schedule V-A, the actual length of such frontage shall be determined during the review of development appli.c.a, tions. '~Paere such frontage is not required, residential uses may be permitted. (viii) Amend Schedule V-A as outlined on Exhibit "A" and Exhibit "B" to this Amendment: Component 1I: Technical/Housekeeping AmcmJments (i) Pluralize the phrase "Special ,P, olicy Area" and insert the words "in the" before the phrase Environmental Policy Area" in section 2.B.(c). (ii) Replace the first two sentences of the introductory paragraph of section 2.F. with the following sentence and number the paragraph as section 2.F.(b): 2.F.(b) The Community Uses area located on the west side of Whites Road, south of Finch Avenue, is intended to accommodate a high school and municipal recreation complex. (iii) Add a new section 2.F.(a) as follows: 2.F.(a) Community Uses areas are designated on S. chedule V-A. Lands designated .Community Uses are mtended to accommodate facilities such as schools, parks and recreation centres. (iv) In section 2.F., number the sen!,ence that begins "If the school board and/or the municipality ...' as section 2.F.(d). (v) In section 2.F., number the paragraph that begins "With the exception of the high school site ..." as sect:on 2.F.(e). Page 7 (vi) Pluralize the title of section 4. so that it reads as follows: SPECIAL POLICY AREAS (vii) Following the main title of section 4. add a new subtitle and number the section 4.A. as follows: 4.A. Special Policy Area A (viii) In the introductory paragraph of section 4. replace the phrase "is identified as a Special Policy Area." with the following: is identified as Special Policy Area A. (ix) In the introductory paragraph of section 4. replace the phrase "in evaluating any development proposals within the Special Policy Area" with the following: in evaluating any development proposals within Special Policy Area A. (x) Delete section 6.(h) which begins with the phrase "In accordance with section 5. of this Plan ..." in its entirety. continued... Page 8 EXHIBIT "A" TO AMENDMENT NO. 79 Page 9 l EXHIBIT "B" TO · ..... .... .... AMENDMENT NO. 79 · ..'.'.' · · · ... · ... .. ..... LEGEND '"'""' '"' '' '""'"'X'X'X':':':':'X I~ RESIDENTIAL LOW l':':':':',' :' '" .........:.......:.....:...:...1.... h'.-.-.~ DENSITY I AND ii '"" '"" "':'":'"' '"'"' i::i ::: ::: ':? ~ :l · .,... 1.: .:.:-1 .... :.1.:. .:.:.:.1.: ii.'.'. . :%,.... " 6!'. COMMUNITY USES K:: · '"" ............ · MAJOR OPEN SPAC£ "' PS ::: '.'.'.'.'...'. ...... ..~ _'~ OPEN SPACE ........... ~ MAJOR COLLECI()tL' :" ~ '. ROAD NP MINOR COLLECIOR ROAD PUBLIC SCHOOL ST.O~'S ~f ~ SEPARATE SCHOOL. .:.:.:.:.:.:.:.'.', ..... · ...'.'.'·'...'-' NP NEIGBBOURHOOD PARi,( · .................', IIIIII COMMUNITY BOUNDARY · '.. '.. 1..':.' .. ' ..:.........:.....:., ~"~J .'..-...;.:.; '.. :...:....,-, '...' ..... '..' SPECIAL POLICY AREA ....... .:.:.: ~-~, ~*'~: ,~,,'.'. -'.'..' ' · · · ENVIRONMEN~AL POI ICY ...... ,~ ...... AREA ...... ,-,, ..:.:...:...:... :.... IIIIIIII IIIIII c.~,~14/~ ~,~rlo/v~ Exhibit "B" continues ... Page 10 EXHIBIT 'B' TO AMENDMENT NO. 79 (CO~~) DETAILED DESCRIFTION OF PROPOSED AMENDMEN'I~ TO LAND USES AND COLLECTOR ROAD NETWORK FOR LANDS ILLUSTRATED ON EXHIBIT "B" TO AMENDMENT NO. 79 Redesignate land uses and collector road network as illustrated on Exhibit "B" to Amendment No. 79 to the Pickering District Plan (Highbush Community Plan) as described as follows: (a) expand Environmental Policy Area to encompass all lands within the block bounded by Rosebank Road, the CN Rail line, Altona Road and the Ontario Hydro Corridor; (b) delete Community Park symbols and designate one Urban Forest area, located centrally; (c) designate Community Uses area east of the Urban Forest area; delete the existing symbol for the public school/neighbourhood park/separate school complex; establish individual symbols for each of the public school, the neighbourhood park, and the separate school within the Community Uses area; (d) delete conservation authority fill line from valley lands within the Environmental Policy Area; (e) redesignate residential lands from Residential Low Density II to Residential Low Density I and II; (f) establish Special Policy Area B in southeast sector of block; (g) realign southerly Major Collector Road to intersect Altona Road in a more southerly location; (h) realign southerly Minor Collector Road to intersect the Major Collector Road east of the Open Space area; (i) delete central Minor Collector Road connecting the two Major Collector Roads; (j) realign central portion of northerly. Ma!or Collector; realign intersection of northeastern Minor Collector Road and Major Collector Road; delete northwesterly Minor Collector Road; and (k) extend Highbush Community Boundary, Environmental Policy Area Boundary and Residential Low Density I and II designations to incorporate the surplus hydro lands in the northeast corner of the block. IMPLEMENTATION: The provisions set forth in the Town of Pickering District Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. INTERPRETATION: The provisions set forth in the Town of Pickering District Plan, as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment. (Cto~s Reference OPA 9Z-7/p; Town Initiated (AItona Forest Area); August 1992)