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HomeMy WebLinkAboutPLN 19-20Report to Planning & Development Committee Report Number: PLN 19-20 Date: October 5, 2020 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment Application: Drinking Water Source Protection -Conformity to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan -Recommended Amendment 36 to the Pickering Official Plan -Recommended Informational Revision 24 to the Pickering Official Plan -File: OPA 19-002/P Recommendation: 1.That Official Plan Amendment Application OPA 19-002/P, initiated by the City of Pickering, to amend existing policies and a schedule and introduce new policies and a schedule to the Pickering Official Plan with regard to the protection of drinking water sources, as set out in Exhibit ‘A’ to Appendix I to Report PLN 19-20 be approved; 2.That the Draft By-law to adopt Amendment 36 to the Pickering Official Plan, to amend existing policies and a schedule, and introduce new policies and a schedule to the Pickering Official Plan with regard to the protection of drinking water sources, as set out in Appendix I to Report PLN 19-20, be forwarded to Council for enactment; 3.That Council adopt Recommended Informational Revision 24 to the Pickering Official Plan as set out in Appendix II to Report PLN 19-20; and 4.That the City Clerk forward the Notice of Adoption to the Region of Durham and to each person or public body that provided written or verbal comments at the Open House, the Public Meeting, the Planning & Development Committee or the City Council meetings. Executive Summary: The purpose of Amendment 36 is to amend the City of Pickering Official Plan to bring it into conformity with the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, March 25, 2019, in accordance with the Clean Water Act, 2006. The full amendment is contained in Exhibit ‘A’ to Appendix l to Report PLN 19-20. A general description of the amendment is provided in Section 2.2 of this report. Related changes to the explanatory text and sidebars of the Pickering Official Plan are provided in Informational Revision 24 (see Appendix ll). A general description of the Informational Revision is provided in Section 2.3 of this report. Financial Implications: No direct costs to the City are anticipated as a result of the Recommended Amendment. Report PLN 19-20 October 5, 2020 Subject: Official Plan Amendment Application OPA 19-002/P Page 2 Discussion: 1. Purpose 1.1 As a result of the contamination of the drinking water supply in Walkerton in the year 2000, the Province enacted the Clean Water Act, 2006. 1.2 In accordance with the Clean Water Act, 2006, municipalities are required to amend their Official Plans to conform to the applicable Source Protection Plan. The City of Pickering is within the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Region. The City is subject to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan (SPP), which came into effect in 2015. On March 25, 2019 amendments to the Credit Valley, Toronto and Region, and Central Lake Ontario SPP was approved by the Minister of the Environment, Conservation and Parks, and is now in effect. 1.3 Council’s passing of the By-law to adopt the Recommended Amendment and approval of the Recommended Informational Revision will complete the City’s required conformity exercise. In accordance with Section 17 (24.5) of the Planning Act, there is no appeal to Official Plan Amendments that apply to vulnerable areas as defined within the Clean Water Act, 2006. 2. Recommended Amendment 2.1 Lands Affected The Recommended Amendment contains policies that apply city-wide including rural and urban areas and establishes protection zones around municipal wells located in The Town of Whitchurch-Stouffville; protection zones for the Ajax Water Treatment Plant; and identifies areas where aquifers are sensitive. 2.2 Recommended Amendment 36 Exhibit ‘A’ to Appendix I is the Recommended Amendment 36 to the City of Pickering Official Plan. It identifies Wellhead Protection Areas, Intake Protection Zones and Event Based Areas on a new Schedule (Schedule lll F: Resource Management: Vulnerable Areas, refer to Schedule “B” to the Recommended Amendment 36) and introduces new policies in Chapter 10 – Resource Management to provide direction on the requirements for development within a Wellhead Protection Area , Intake Protection Zone, and Event Based Area. More specifically, key proposed amendments to the Official Plan add:  Definitions for Groundwater Recharge Area; Significant Groundwater Recharge Area; Wellhead Protection Area; Intake Protection Zone; Event Based Area and Vulnerable Area;  Revisions to Schedule lll D: Resource Management: High Aquifer Vulnerability, Ground Water Recharge Areas (refer to Schedule “A” to the Recommended Amendment 36 to the City of Pickering Official Plan);  Policies that require snow storage to be located where melting snow cannot carry contaminants and salt loads directly into vulnerable areas; Report PLN 19-20 October 5, 2020 Subject: Official Plan Amendment Application OPA 19-002/P Page 3  Policies that prohibit or restrict land use activities within W ellhead Protection Areas Classes B and C (W HPA-B WHPA-C) which pose a significant drinking water quality threats (see Schedule III F);  A policy requiring all planning and building permit applications for lands within a WHPA-A,-B or C, in the City of Pickering to be circulated to Durham Region’s Risk Management Official for review. Durham Region will then forward the application to York Region for review by their Risk Management Official; and  Policies to protect water quantity that:  may restrict certain land use activities that take water without returning it to the same source, or which reduce recharge to an aquifer in the York-Durham Wellhead Protection Area – Water Quantity (York-Durham WHPA-Q1/Q2);  require a water balance study for major development within the York-Durham WHPA-Q1/Q2;  require major development and small-scale development, within the York-Durham WHPA-Q1/Q2, to implement best management practices with the goal to maintain pre-development recharge rates; and  may restrict rural settlement area boundary expansions into the York-Durham WHPA-Q1/Q2. 2.3 Recommended Informational Revision Appendix II is the Recommended Informational Revision 24 (Informational Revision) to the Pickering Official Plan. The purpose of this Revision is to update the informational text contained within the Official Plan in relation to the new policies and new and/or updated recommended schedules introduced as part of the Official Plan Amendment to implement Drinking Water Source Protection. 2.4 Statutory Public Meeting and Open House In accordance with the Planning Act, a notice of the statutory public meeting and open house was published in the Pickering News Advertiser on May 29, 2019 and again on June 5, 2019. In addition, notice of the statutory public meeting and open house was advertised on the City of Pickering website. The statutory public meeting and open house was held on June 17, 2019. There were no attendees at the open house and no members of the public who spoke to the Draft Amendment at the statutory public meeting. Report PLN 19-20 October 5, 2020 Subject: Official Plan Amendment Application OPA 19-002/P Page 4 3. Agency Consultation 3.1 The Draft Amendment, the Draft Informational Revision, and Information Report Number 10-19 were circulated to public agencies on May 24, 2019. W ritten submissions were received from the following: (a) Enbridge Gas Inc.; (b) Toronto and Region Conservation Authority; (c) Central Lake Ontario Conservation Authority; (d) The Regional Municipality of Durham; and (e) Ministry of Municipal Affairs and Housing. 3.2 Table 1: Staff Response To Agency Comments on Draft Official Plan Amendment 36 provides the detailed staff responses to the comments submitted by the agencies (see Attachment #1). 3.3 In response to comments received, staff have made minor technical changes to the Draft Amendment, and revised the corresponding informational text and mapping in the Draft Informational Revision 24, where appropriate. These minor technical changes do not detract from the original intent or purpose of Amendment 36. 3.4 On a very technical matter, the two key comments received relate to terminology used in describing vulnerable areas. They are discussed below: (a) Groundwater Recharge Area Currently the Pickering Official Plan uses the term “Groundwater Recharge Area” to refer to areas of significant groundwater recharge. The City is being requested to use the term “Significant Groundwater Recharge Area” instead, in order to be consistent with the Clean Water Act, 2006. City staff agree that the change in terminology will add clarity and consistency with the Clean Water Act, 2006 and with terminology used by other municipalities and agencies. (b) Highly Vulnerable Aquifers Currently the Pickering Official Plan uses the term “High Aquifer Vulnerability” or “High Vulnerable Aquifer” to refer to areas containing highly vulnerable aquifers. The City is being requested to use the term “Highly Vulnerable Aquifers” in order to be consistent with the Clean Water Act, 2006. Although the methodology used to determine “areas of high aquifer vulnerability” as prescribed by the Oak Ridges Moraine Conservation Plan differs from the methodology used to determine Highly Vulnerable Aquifers for the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, recommended Schedule III D: Resource Management: Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas, identifies both “areas of high aquifer vulnerability” on the Oak Ridges Moraine and “Highly Vulnerable Aquifers” under the single heading of Highly Vulnerable Aquifers. Report PLN 19-20 October 5, 2020 Subject: Official Plan Amendment Application OPA 19-002/P Page 5 City staff agree that the change in terminology will add clarity and consistency with the Clean Water Act, 2006. 3.5 In response to comments received, staff have added Intake Protection Zone 2 (IPZ-2), Intake Protection Zone 3 (IPZ-3) and Event Based Areas (EBAs) on Schedule lll F: Resource Management: Vulnerable Areas, which were not included in the Draft Amendment and associated mapping. In addition, new policies regarding Vulnerable Areas, which include lands identified as IPZ-2, IPZ-3 and EBAs, are added to Recommended Amendment 36. 3.6 The Regional Municipality of Durham has confirmed that Recommended Amendment 36 is exempt from Regional approval, in accordance with the Region’s By-law 11-2000, and as noted in Section 1.3 of this report, Council’s adoption of this Amendment is not appealable. 4. Conclusion 4.1 The City of Pickering is required to amend its Official Plan to conform to the relevant policies of the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan and mapping from the Toronto and Region Assessment Report. Recommended Amendment 36 and Recommended Informational Revision 24 inco rporate appropriate modifications to the Draft Amendment 36 and Draft Informational Revision 24 that addresses comments received through the consultation process and that further strengthens the City’s Official Plan policies to protect drinking water sources. 4.2 Staff recommend that Council endorse Recommended Amendment 36 to the Pickering Official Plan by passing the by-law to adopt Amendment 36, as set out in Appendix I to Report PLN 19-20. 4.3 Staff recommend that Council adopt the Recommended Informational Revision 24 to the Pickering Official Plan as set out in Appendix II to Report PLN 19-20. Appendices Appendix l Draft By-law to adopt Recommended Amendment 36 to the Pickering Official Plan Appendix ll Recommended Informational Revision 24 to the Pickering Official Plan Attachment: 1. Table 1: Staff Response To Agency Comments On Draft Official Plan Amendment 36 Report PLN 19-20 October 5, 2020 Subject: Official Plan Amendment Application OPA 19-002/P Page 6 Prepared By: Approved/Endorsed By: Margaret Kish, MCIP, RPP Catherine Rose, MCIP, RPP Principal Planner, Policy Chief Planner Déan Jacobs, MCIP, RPP Kyle Bentley, P. Eng. Manager, Policy & Geomatics Director, City Development & CBO MK:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A.. Interim Chief Administrative Officer Appendix No. I to Report No. PLN 19-20 By-law to Adopt Amendment 36 to the City of Pickering Official Plan The Corporation of the City of Pickering By-law No. XXXX/20 Being a by-law to adopt Amendment 36 to the Official Plan for the City of Pickering (OPA19-002/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; Whereas the Clean Water Act, 2006, directs The Corporation of the City of Pickering to prepare and adopt an amendment to its Official Plan to bring the City of Pickering Official Plan into conformity with the significant threat policies and designated Great Lakes policies set out in the Credit Valley, Toronto and Region, and Central Lake Ontario (CTC) Source Protection Plan; Whereas the Region has advised that, in accordance with By-law 11-2000, Amendment 36 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Amendment 36 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2.That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3.This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this XX day of XXXX, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk Draft Draft Draft Exhibit “A” to By-law XXXX/20 Recommended Amendment 36 to the City of Pickering Official Plan Recommended Amendment 36 to the Pickering Official Plan Purpose: The purpose of Amendment 36 is to amend the City of Pickering Official Plan to bring it into conformity with the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, March 25, 2019 (CTC SPP) in accordance with the Clean Water Act, 2006. Location: The Amendment contains policies that apply city-wide including rural and urban areas and establishes protection zones around municipal wells located in The Town of Whitchurch-Stouffville; protection zones for the Ajax Water Treatment Plant; and identifies areas where aquifers are sensitive. Basis: The Clean Water Act, 2006 enabled the establishment of Source Protection Regions and Areas throughout the province to address threats to municipal groundwater supplies (drinking water wells) and municipal surface water supplies (drinking water intakes). Each Source Protection Committee is responsible for the development of: Assessment Reports that, based on technical studies, identify and assess threats to municipal drinking water systems; and Source Protection Plans that have detailed policies on how to address those threats. The City of Pickering is within the Credit Valley, Toronto and Region, and Central Lake Ontario (CTC) Source Protection Region. The CTC Source Protection Plan came into effect December 31, 2015, and was subsequently amended in March of 2019. The policies in each Source Protection Plan have been written to ensure that for every area identified in an Assessment Report as an area where an activity is, or would be, a significant drinking water threat, the activity never becomes a significant drinking water threat or ceases to be a significant drinking water threat. Municipalities are required to amend their Official Plan s to conform to the applicable Source Protection Plan. The City’s Official Plan must therefore be amended to conform to the Clean Water Act, 2006 and the policies of the CTC Source Protection Plan. Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising Schedule III D – Resource Management: High Aquifer Vulnerability, Groundwater Recharge Areas to reflect additional Significant Groundwater Recharge Areas and Highly Vulnerable Aquifers identified in the Toronto and Region Assessment Report, March 25, 2019 as illustrated on Schedule “A” attached to this Amendment, and rename Schedule III D – Resource Management: High Aquifer Vulnerability, Groundwater Recharge Areas to Schedule lll D: Highly Vulnerable Aquifers, Significant Groundwater Recharge Areas. Recommended Amendment 36 to the Pickering Official Plan Page 2 2.Adding new Schedule III F – Resource Management: Vulnerable Areas to illustrate: Wellhead Protection Areas B, C and D (WHPA-B, WHPA-C and WHPA-D) associated with municipal drinking water wells in Whitchurch-Stouffville; York-Durham Wellhead Protection Areas – Water Quantity (WHPA-Q1/Q2); York-Durham Wellhead Protection Areas Q1/Q2 Downgradient Line; Intake Protection Zones 2 and 3 (IPZ-2, IPZ-3); and Event Based Areas (EBAs) as illustrated on Schedule “B” attached to this Amendment. 3.Revising City Policy 10.2, Resource Management Objectives, in Chapter 10 – Resource Management, by deleting “and” at the end of subsection (f); deleting the period “.” and adding “; and” at the end of subsection (g); and adding new subsection (h)as follows: “(f) coordinate with other levels of government, public and private agencies, and other groups to identify, research, protect, and manage the City’s natural resources, and institute regular environmental monitoring and reporting; and (g)involve the public, business-people, landowners, relevant public agencies, and other interested groups and individuals in resource management decisions affecting the City. ; and (h)protect water quality and water quantity for municipal drinking water systems.” 4.Revising City Policy 10.8, Stormwater Management, in Chapter 10 – Resource Management, to add a new subsection (a) (iii) as follows: “(iii) require that designated areas for snow storage are located where melting snow cannot carry contaminants and salt loads directly into Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers; and” 5.Revising City Policy 10.13, Areas of Groundwater Protection, in Chapter 10 – Resource Management, by adding “/balance” following “water budget” in subsection (e), adding “and” at the end of subsection (f); deleting subsections (g) and (h), and adding a new subsection (g) as follows: “(e) require, where appropriate, the recommendations of a Hhydrogeology and Wwater Bbudget/balance Sstudy, Ggroundwater Iimpact Sstudy, Eenvironmental Rreport (see Sections 16.8 and 16.10), and any evaluation reports referenced in Section 16.14, as applicable, to be implemented; (f)despite Sections 10.13(b), (c) and (e), not require further studies addressing groundwater recharge or areas of high aquifer vulnerability Highly Vulnerable Aquifers, for proposed development that was addressed through the Master Environmental Servicing Plan for the Seaton Community; and (g)participate with other area municipalities as members of the Lake Ontario Collaborative Group to undertake actions or tasks to protect Lake Ontario as an important source of drinking water.; and Recommended Amendment 36 to the Pickering Official Plan Page 3 (h) ensure that planning decisions conform with or are not in conflict with the policies of the approved Credit Valley, Toronto and Region and Central Lake Ontario Source Protection Plan.” (g) where development is proposed within a Significant Groundwater Recharge Area and/or a Highly Vulnerable Aquifer where the application of road salt would be a moderate or low drinking water threat, require the submission of a salt management plan as part of a complete development application to address the: (i) design of roads, sidewalks and parking lots in order to minimize the need for repeat applications of road salt, while maintaining public safety; and (ii) location of snow storage so that contaminants and salt loads from snow melt are not carried into Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers. 6. Revising City Policy 10.17, Lake Ontario Waterfront and Frenchman’s Bay, in Chapter 10 – Resource Management, by deleting “and” at the end of subsection (f); deleting the period “.” and adding “;” at the end of subsection (g); adding new subsection (h) as follows: “(f) encourage and support actions by public agencies and others to improve and restore the quality of Lake Ontario, including programs to address concerns regarding nutrient loads and the proliferation of invasive species, chemical contaminants and algae growth; and (g) require, where appropriate, that the recommendations of an Eenvironmental Rreport to be implemented (see Sections 16.8 and 16.10) and.; (h) require that designated areas for snow storage are located where melting snow cannot carry contaminants and salt loads directly into a Significant Groundwater Recharge Area and/or Highly Vulnerable Aquifers. 7. Adding new policies 10.27, 10.28, 10.29, 10.30, 10.31 and 10.32 to the end of Chapter 10 – Resource Management as follows: “10.27 City Council recognizes that, in Vulnerable Areas around municipal drinking water wells, certain land use activities may pose a threat to water quality; accordingly, Council shall: (a) identify Wellhead Protection Areas (WHPA) on Schedule III F – Resource Management: Vulnerable Areas, which are intended to function as an overlay to the primary land use designations; Recommended Amendment 36 to the Pickering Official Plan Page 4 (b) prohibit or restrict land uses within a WHPA-A, B and/or C which pose significant drinking water quality threat activities as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan; (c) where the application of road salt would be a moderate or low drinking water threat within a WHPA-B, C, D, require that the proponent to submit a salt management plan as part of a complete application to address the: (i) design of roads, sidewalks and parking lots in order to minimize the need for repeat applications of road salt, while maintaining public safety; and (ii) location of snow storage so that contaminants and salt loads from snow melt are not carried into Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers. 10.28 City Council recognizes that the Region of York, through an agreement with the Region of Durham, has assumed enforcement related to activities that may be a threat to water quality within any WHPA, associated with a municipal drinking w ater well in the Region of York; accordingly, Council shall: (a) require all applications made under the Planning Act, Condominium Act and Building Code Act within a WHPA-A, B and C in the City of Pickering to be circulated to the Region of Durham for submission to and review by the Region of York’s Risk Management Official. 10.29 City Council recognizes that, in Vulnerable Areas around municipal drinking water wells, certain land use activities that take water without returning it to the same source, or which reduce recharge to an aquifer in the York-Durham Wellhead Protection Area – Water Quantity (York-Durham WHPA-Q1/Q2) may be a threat to water quantity; accordingly, Council shall: (a) identify the York-Durham WHPA-Q1/Q2 on Schedule III (b) F – Resource Management: Vulnerable Areas, which are intended to function as an overlay to the primary land use designations; (c) for lands within the York-Durham WHPA-Q1/Q2, deem the policies in this section to prevail in the event of a conflict with any other policy of this Plan; Recommended Amendment 36 to the Pickering Official Plan Page 5 (d) only permit development within the York-Durham WHPA-Q1/Q2 with a significant risk level, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, if it does not require a new or amended Permit To Take Water; (e) notwithstanding Section 10.29 (c), permit new development within the York-Durham WHPA-Q1/Q2 that requires a new or amended Permit To Take Water if the relevant provincial ministry determines that the activity will not have a negative impact on the municipal water wells; (f) require a water balance study for major development which poses a significant threat to drinking water quantity, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, on lands north of the Downgradient Line within the York-Durham WHPA-Q1/Q2; (g) require major development which poses a significant threat to drinking water quantity, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, on lands north of the Downgradient Line within the York-Durham WHPA-Q1/Q2, to maintain predevelopment recharge to the greatest extent feasible, based on a water balance study; (h) require major development which poses a significant threat to drinking water quantity, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, on lands north of the Downgradient Line within the York-Durham WHPA-Q1/Q2, to implement and maximize off-site recharge, within another site within the York-Durham WHPA-Q1/Q2 to compensate for any predicted loss of recharge from the development, based on a water balance study; (i) require major development on lands south of the Downgradient Line within the York-Durham WHPA-Q1/Q2, to implement best management practices with the goal to maintain pre-development recharge rates, based on a water balance study; (j) require small-scale development and agricultural uses, agriculture-related uses and on-farm diversified uses, with the exception of agricultural uses, agriculture-related uses and on- farm diversified uses identified in Section 10.29 (j), within the York-Durham WHPA-Q1/Q2 to implement best management practices with the goal to maintain pre-development recharge rates; (k) encourage agricultural uses, agriculture-related uses and on- farm diversified uses where the total impervious surface does not exceed 10 percent of the total lot area, to implement best management practices such as low impact development methods with the goal to maintain pre-development recharge rates; and Recommended Amendment 36 to the Pickering Official Plan Page 6 (l) require that a water balance study, as referred to in Sections 10.29 (e), 10.29 (f), 10.29 (g), and 10.29 (h), at a minimum, identifies recharge characteristics of the site, and anticipated long-term and short-term impacts of the proposed development; recommends measures to maintain pre-development recharge on site to the greatest extent feasible through best management practices; and, where pre-development recharge cannot be maintained on site, recommends measures to locate compensating recharge on another site within the York-Durham WHPA-Q1/Q2. 10.30 City Council recognizes that, in Vulnerable Areas around municipal surface water intakes, certain land use activities may pose a threat to water quality; accordingly, Council shall: (a) identify Intake Protection Zones and Event Based Areas on Schedule lll F, Resource Management: Vulnerable Areas, which are intended to function as an overlay to the primary land use designations; and (b) encourage the protection of these areas to support safe and clean drinking water sources. 10.31 City Council recognizes that within Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas the handling and storage of dense non-aqueous phase liquid and organic solvent are considered a moderate and/or low drinking water threat; accordingly, Council shall encourage industrial, commercial and institutional land uses to follow best management practices to prevent their release into the environment. 10.32 Where there is a conflict between the policies of the Pickering Official Plan, Durham Regional Official Plan and the Source Protection Plan, the more restrictive policy shall apply.” 8. Revising City Policy 13.1, Preparation of Rural Settlement Plans, in Chapter 13 – Rural Settlements, by deleting “and” at the end of subsection (c); deleting the period “.” and adding “; and” at the end of subsection (d); and adding new subsection (e) as follows: “(c) indicate the location of new public road connections, where known, and endeavour to ensure the construction of such road connections through development proposals and government initiatives; and (d) indicate the general location of existing and new community facilities, where known, and endeavour to ensure the construction of such facilities through development proposals and government initiatives.; and Recommended Amendment 36 to the Pickering Official Plan Page 7 (e) in addition to subsection (b), only consider amendments to rural settlement area boundaries that would result in an expansion into the York-Durham WHPA Q1/Q2 as part of a Regional municipal comprehensive review , where it has been demonstrated that recharge functions will be maintained on lands identified as Significant Groundwater Recharge Areas on Schedule III D – Resource Management: Highly Vulnerable Aquifers, Significant Groundwater Recharge Areas.” 9. Adding a definition for the term “Event Based Area (EBA)” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Event Based Area means the area delineated by a spill or “event”, such as a chemical or pathogen release, which might impact the drinking water intakes for the Great Lakes.” 10. Adding a definition for the term “Groundwater Recharge Area” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Groundwater Recharge Area means an area where an aquifer is preferentially replenished from natural processes, such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams and wetlands; and from human interventions, such as the use of stormwater management systems. The Director’s rules will specify the acceptable methodology to determine groundwater recharge rates i.e., what qualifies as a significant groundwater recharge area.” 11. Adding a definition for the term “Groundwater Recharge Area, Significant” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Groundwater Recharge Area, Significant means an area within which it is desirable to regulate or monitor drinking water threats that may affect the recharge of an aquifer.” 12. Replace the term “groundwater recharge area” with “Significant Groundwater Recharge Area” as appropriate, throughout the Official Plan. 13. Replacing the terms “High Aquifer Vulnerability or High Vulnerable Aquifer” in Section 15.15, Glossary, in Chapter 15 – Implementation, with “Highly Vulnerable Aquifer and amend the definition as follows: “High Aquifer Vulnerability or Highly Vulnerable Aquifer means an aquifer on which external sources have or are likely to have a significant adverse effect, due to the permeability and thickness of overlying layers. Notwithstanding the foregoing, on the Oak Ridges Moraine, Highly Vulnerable Aquifer includes areas that are prescribed as “high aquifer vulnerability” in the Oak Ridges Moraine Conservation Plan.” Recommended Amendment 36 to the Pickering Official Plan Page 8 14. Replace the term “high aquifer vulnerability” or “high vulnerable aquifer” with “Highly Vulnerable Aquifer” in the Table of Contents, the Index and subsections 10.13, 15.15, 16.5A, 16.14, and 16.43 of the Official Plan. 15. Adding a definition for the term “Intake Protection Zone” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Intake Protection Zone means the contiguous area of land and water immediately surrounding a surface water intake, which includes:  the distance of a 1 kilometer radius from the intake;  the area where a spill of a contaminant might reach the intake before the plant operator can respond;  the area associated with potential impacts from specific modelled scenarios.” 16. Adding a definition for the term “Vulnerable Area” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Vulnerable Area means an area defined as vulnerable, in accordance with provincial standards, by virtue of their importance as a drinking water source and includes; a groundwater recharge area, a highly vulnerable aquifer, a surface water intake protection zone, or a wellhead protection area.” 17. Adding a definition for the term “Wellhead Protection Area (WHPA)” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Wellhead Protection Area (WHPA) means the surface and subsurface area surrounding a water well or well field that supplies a municipal residential system or other designated system through which contaminants are reasonably likely to move so as to eventually reach the water well or well field. 18. Revising City Policy 16.5A in Chapter 16 – Development Review by deleting the text in subsection (xxxvi) and replacing it with new text; and adding a new subsection (xxxvii) as follows: (xxxvi) a water management plan verifying that there is sufficient water supply to support the proposed uses, and on a cumulative sustainable basis, confirm that there is no negative impact on surrounding water users and the natural environment which cannot be appropriately mitigated for development applications (excepting wetland restoration projects and domestic usage and livestock operations) that require a permit to take water under the Ontario Water Resources Act, or that have the potential to impact water quantity. a water balance study, as referred to in Sections 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and Recommended Amendment 36 to the Pickering Official Plan Page 9 (xxxvii) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).” 19. Revising City Policy 16.5B in Chapter 16 – Development Review, by deleting “and” at the end of subsection (xxv); deleting the period “.” and adding a semicolon “;” at the end of subsection (xxvi); and adding new subsections (xxvii) and (xxviii) as follows: “(xxv) a construction management plan; and (xxvi) a railway corridor safety study. ; (xxvii) a water balance study, as referred to in Sections 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and (xxviii) a salt management plan as referred to in Sections 10.13 (g) and 10.27 (c).” 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. OPA 19-002/P City Initiated Highway 407 WhitesRoadFairport RoadGreenwoodRoadLiverpoolRoadRougemountDriveH ig h w a y 4 0 1 Eighth Concession Road Brock RoadK in g sto n R oa d Finch Avenue Salem RoadCentral Street Sheppard Avenue Westney RoadWestShoreBoulevardKinsale RoadNorth RoadGlena n naRoad Sideline 14Notion RoadThird Concession Road Highway 7 Fifth Conc ession Road Altona RoadMajor O a ksRoadMowbray StreetS trou ds La n eP i c k er i ng P a r k w a yVal l eyFarmRoadDixie RoadSeventh Concession Road Whitevale Road Glendale DriveSquires Beach RoadYork Durham LineMarkham-Pickering Townline RoadPet er M at t hews Drive Twyn Rivers Drive Rosebank RoadClements Road Six t h Conc es s i on Road Montgomery Pa rkRo adBayly Street DillinghamRoad Ninth Concession Road Sideline 22Church Street SMcKay RoadSideline 20Taunton RoadFourthConcessionRoad Scarborough Pickering TownlineSideline 30Sideline 8Sideline 34Paddock RoadGolfClubRoadSideline 24Sideline 28Sideline 12Sideline 6Sideline 4Sideline 2Audley Road NSideline 32Sideline 16Sideline 26Sideline 26Brock RoadWestney RoadSideline 14Sideline 2Sideline 4Sideline 6Sideline 12Sideline 20Sideline 24Sideline 26Sideline 24North RoadAltona RoadWhites RoadSideline 28Seventh Concession RoadSideline 32C.P.R. Trans-Northern P i p e l i n e C.P.R.C.N.R.C.N.R.Trans-Canada Pipeline Greenwood Claremont Balsam Forest Creek Estates Spring Creek Cherrywood EastCherrywood West Whitevale Kinsale Barclay Estates Staxton Glen Green River Brougham 407 407 401 24 1 22 2 31 23 7 5 23 38 4 27 222 38 38 27 4 29 37 1 4 7 7 31 1 5 27 30 30 30 5 7 ¹Lake Ontario Resource Management: Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas Frenchman's Bay City of Pickering City Development Department © August 2020 This Map Forms Part of the Pickering Ofiicial Plan and Must Be Read in Conjunction with the Other Schedules and the Text. Schedule III D to the Edition 8 Pickering Official Plan Oak Ridges Moraine Significant Groundwater Recharge Areas (SGRA) Highly Vulnerable Aquifers (HVA) Recomended Schedule "A" Greenwood Claremont Balsam Spring Creek Cherrywood EastCherrywood West Whitevale Kinsale Barclay Estates Staxton Glen Green River Brougham ¹Lake Ontario Resource Management: Vulnerable Areas Frenchman's Bay City of Pickering City Development Department © July 2020 This Map Forms Part of Edition 8 of the Pickering Official Plan and Must Be Read in Conjunction with the Other Schedules and the Text. Schedule III F to the Edition 8 Pickering Official Plan Recommended Schedule "B" Oak Ridges Moraine C.P.R.Event Based Areas (EBAs) EBAs Wellhead Protection Areas (WHPA) Water Quality Wellhead Protection Areas (WHPA) Water Quantity WHPA-B WHPA-C WHPA-D York-Durham WHPA-Q1/Q2 Downgradient Line York-Durham WHPA-Q1/Q2 Intake Protection Zones (IPZ) IPZ - 2 IPZ - 3 Appendix II to Report PLN 19-20 Recommended Informational Revision 24 to the Pickering Official Plan Recommended Informational Revision 24 to the Pickering Official Plan Purpose: The purpose of this Recommended Revision is to change the informational text contained within the Pickering Official Plan in order to provide clarity to the policies introduced as part of the Official Plan Amendment to implement Drinking Water Source Protection. The Recommended Revision also updates references to new Recommended Schedules to be added to the Pickering Official Plan. Location: Applies city-wide. Basis: In reviewing the informational text contained in the Official Plan, various technical revisions have been determined to be necessary and appropriate to assist users with understanding the changes to the Official Plan text implemented through the associated Official Plan Amendment. Proposed The City of Pickering Official Plan is hereby revised by: Revision: 1. Revising the last sentence of the third informational paragraph on page 119, under Chapter 10 – Resource Management, so that it reads as follows: “The Resource Management Schedule identifies the various resource features and areas (see Schedules IIIA to IIIEF to this Plan, found at the end of the Plan).” 2. Adding the following new Section to the end of Chapter 10 – Resource Management: “Source Protection Plans Source Protection Plans identify threats to the quality and quantity of municipal drinking water sources (drinking water wells and surface water intakes) and their associated vulnerable areas. The City of Pickering is subject to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan (SPP). The Lake Ontario based Ajax Water Supply Plant, which is operated by the Region of Durham, is the City’s source of municipal drinking water. Implementation of policies within the Credit Valley, Toronto and Region, and Central Lake Ontario SPP addressing drinking water threats to the Ajax Water Supply Plant is the responsibility of the Ministry of Environment, Conservation and Parks and the Region of Durham. However, the City of Pickering is committed to working with other municipalities and the Lake Ontario Collaborative Group to undertake actions that protect Lake Ontario as a source of drinking water. The City of Pickering does not have any municipal drinking water wells . However, there are portions of the City that are within Wellhead Protection Areas for water quality for two municipal drinking water wells located in the Town of Whitchurch-Stouffville. The City is also within Wellhead Protection Areas, in terms of water quantity. The Wellhead Protection Areas are identified on Schedule III F: Resource Management: Vulnerable Areas of the Official Plan. A Wellhead Protection Area (WHPA) is a vulnerable area on the land around a municipal drinking water well that is delineated to protect water quality or water quantity.” Recommended Informational Revision 24 to the Pickering Official Plan Page 2 Cross Reference: OPA 19-002/P 3. Adding a subtitle “City Policy Wellhead Protection Areas for Water Quality” for newly added Section 10.27; 4. Adding the following informational sidebar, which relates to the size and shape of Wellhead Protection Areas referred to in new Sections 10.27, 10.28 and 15.15: 5. Adding a subtitle “City Policy Review of Applications within a Wellhead Protection Area for Water Quality” for newly added Section 10.28; 6. Adding a subtitle “City Policy Wellhead Protection Areas for Water Quantity” for newly added Section 10.29; 7. Adding the following informational sidebar which relates to “A Permit to Take Water” referred to in Section 10.29: 8. Adding a subtitle “City Policy Intake Protection Zones and Event Based Areas” for newly added Section 10.30; 9. Adding the following informational sidebar which relates to Intake Protection Zones and Events Based Areas referred to in Section 10.30 and shown on Schedule lllF; The size and shape of each Wellhead Protection Area (WHPA) (B, C, D or E) is a function of how water travels underground. Time of travel is important because it is an indication of how quickly a contaminant can move through the WHPA to a municipal well. Time of travel can be influenced by a number of factors such as the slope of land, and the type of soil (for example, water travels faster through sand than it does through clay). Wellhead Protection Areas were drawn based on scientific research that took all these factors into consideration. A Permit to Take Water is a provincial permit issued by the relevant provincial ministry. In addition to the WHPAs, Pickering also has Intake Protection Zones with Event Based Areas (EBAs). EBAs are areas within Intake Protection Zones located in one of the Great Lakes, where modelling scenarios have shown that the release and transport of contaminants to a surface water intake under extreme weather events pose a risk to a drinking water system. In Pickering, the EBAs were modelled for Nuclear Generating Station Tritium Spills, Pipelines Fuel/Oil spills and Wastewater Treatment Plant disinfection failures / Sanitary Sewer breaks. Recommended Informational Revision 24 to the Pickering Official Plan Page 3 Cross Reference: OPA 19-002/P 10. Adding a subtitle “City Policy Dense Non-aqueous Phase Liquids and Organic Solvents” for newly added Section 10.31; 11. Adding a subtitle “City Policy Relationship with the Durham Regional Official Plan and the Source Protection Plan” for newly added Section 10.32; 12. Add the following informational sidebar which relates to Significant Groundwater Recharge Areas referred to in Section 15.15, Glossary, and shown on Schedule lllD; and 13. Add the following informational sidebar which relates to Highly Vulnerable Aquifers and “areas of high aquifer vulnerability” referred to in Section 15.15, Glossary, and shown on Schedule lllD: The term “Director” in the definition of Groundwater Recharge Area refers to the Director of the relevant provincial ministry. The methodology used to determine “areas of high aquifer vulnerability” as prescribed by the Oak Ridges Moraine Conservation Plan, differ from the methodology used to determine Highly Vulnerable Aquifers for the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan. Schedule IIID: Resource Management: Highly Vulnerable Aquifers, Significant Groundwater Recharge Areas, identifies “areas of high aquifer vulnerability” on the Oak Ridges Moraine and “Highly Vulnerable Aquifers” under the heading of Highly Vulnerable Aquifers. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 1 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response TRCA/CTCSPA Comments General Comments 1. 6 8 (13.1 e) There is a definition for Groundwater Recharge Area. This definition comes from the Glossary of the Toronto and Region Assessment Report, however for consistency with the Clean Water Act, 2006, the terminology that should be used is Significant Groundwater Recharge Area. Agreed. The definition for “Significant Groundwater Recharge Area”, as defined by the Clean Water Act, 2006, has been added. See Recommended OPA 36 – Item 11. The term “Significant Groundwater Recharge Area” is now referenced throughout the Pickering Official Plan as appropriate. See Recommended OPA 36 – Item 12. In addition, a definition for “Groundwater Recharge Area”, as defined by the Approved Source Protection Plan: CTC Source Protection Region, Effective December 31, 2015 and as Amended March 25, 2019, has been added. See Recommended OPA 36 – Item 10. 2. 2 5 (10.13 f) There is reference to areas of high aquifer vulnerability. As above, this terminology is not consistent with the Clean Water Act (CWA), 2006 which uses Highly Vulnerable Aquifers (HVAs) to describe the fourth vulnerable area. High aquifer vulnerability is consistent with the Oak Ridges Moraine Conservation Plan. Although the delineation of these areas is similar, they are not the same. Please ensure all terminology is consistent with the CWA. 10.13 (f) is an existing policy concerning the Seaton MESP. Agreed. The definition of the term “Highly Vulnerable Aquifer” is refined in the Glossary (Section 15.15) and replaces the term “areas of high aquifer vulnerability” or “High Vulnerable Aquifer” throughout the Pickering Official Plan as appropriate. See Recommended OPA 36 – Items 13 and 14. Attachment #1 to Report #PLN 19-20 Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 2 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response 3. Schedule lllD Please note that the CTC Source Protection Region and the Region of Durham are considering updates to the Highly Vulnerable Aquifers (HVA) mapping. The mapping included in item (b), Schedule lllD, is therefore subject to future changes. Noted. Comments on Proposed Amendment 36 4. 1 Location Please revise name of the Town of Whitchurch-Stouffville. Agreed. The spelling of the name “Whitchurch-Stouffville” has been corrected. See Recommended OPA 36 – Location. 5. 1 Basis Please revise sentence: “The City of Pickering is within the Credit Valley – Toronto and Region and – Central Lake Ontario (CTC) Source Protection Region Area. Agreed. The reference to “Credit Valley – Toronto and Region – Central Lake Ontario (CTC) Source Protection Region” has been corrected to state “Region”. See Recommended OPA 36 – Basis. 6. 2 4 (10.8 a (iii)) This statement should specify SGRAs, as “vulnerable areas” is vague. HVAs could also be included, but this might be problematic since they are so widespread. Agreed. The term “vulnerable areas” is replaced with “Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers” for clarity and consistency with the CTC Source Protection Plan. See Recommended OPA 36 – Item 4. 7. 3 6 (10.17 h) Please see item 6 above. Agreed. The term “vulnerable areas” is replaced with “Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers”. See Recommended OPA 36 – Item 6. 8. 3 7 (10.27 b) Consider the addition of WHPA-A to the list of areas where activities could be prohibited or restricted. Although there is currently no WHPA-A in the boundaries of the City of Pickering, Agreed. “WHPA-A” is added to the list of areas where activities could be prohibited or restricted. See Recommended OPA 36 – Item 7. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 3 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response making this revision ensures that the policy conforms in its entirety with the CTC Source Protection Plan. 9. 3 7 (10.27 b) WHPA-D should be removed from the areas where activities could be restricted or prohibited. Since significant drinking water threats cannot occur in the WHPA-D, policies in the CTC SPP cannot restrict or prohibit activities in this area. Agreed. WHPA-D has been removed from the list. See Recommended OPA 36 – Item 7. 10. 3 7 (10.27 c) To conform with Policy SAL-10 in the CTC Source Protection Plan, Significant Groundwater Recharge Areas (SGRAs) and Highly Vulnerable Aquifers (HVAs) should be added to the list of areas where Part (c) of policy 10.27 would apply. Agreed. New policy (g) is added to City Policy 10.13 that addresses Significant Groundwater Recharge Areas and Highly Vulnerable Aquifers. See Recommended OPA 36 – Item 5. 11. 4 7 (10.27 c (ii)) Please see item 6 above Agreed. The term “vulnerable areas” is replaced with “Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers”. See Recommended OPA 36 – Item 7. 12. 4 7 (10.29) References to “WHPA-Q1/Q2” could be refined to be more specific; please note that recharge policies apply specifically to WHPA-Q2. WHPA-Q1 refers to the water demand/water use management area, while WHPA-Q2 is the groundwater recharge management area. Noted. 13. 4 7 (10.28 a) A significant drinking water threat cannot occur in the WHPA-D. Unless the City has an arrangement to send all Agreed. WHPA-D is removed from the list. See Recommended OPA 36 – Item 7. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 4 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response applications within WHPAs to the Durham Region, consider removal of WHPA-D from this list. 14. 4 7(10.29 c) Remove Part (c) from Policy 10.29 since a Salt Management Plan is related to a water quality threat and this policy is specific to the WHPA-Q1/Q2, an area where only water quantity threats are applicable. Agreed. Proposed policy 10.29 (c) has been removed. See Recommended OPA 36 – Item 7. 15. 5 7 (10.29 d) This section should be revised to reflect that there is only one risk assignment for the WHPA-Q1/Q2. Future consumptive takings are a significant drinking water threat. Existing consumptive uses are a moderate threat. Agreed. The reference to “moderate” threat is removed. See recommended policy 10.29 (c). See Recommended OPA 36 – Item 7. 16. 5 7 (10.29 e) Consider replacing the current text with "... determines that the activity will not have a negative impact on the municipal water wells." Agreed. The text is replaced with: “(d) notwithstanding Section 10.29 (c), permit new development within the York- Durham WHPA-Q1/Q2 that requires a new or amended Permit To Take Water if the relevant provincial ministry determines that the activity will not have a negative impact on the municipal water wells;”. See recommended policy 10.29 (d). See Recommended OPA 36 – Item 7. 17. 5 7 (10.29 f) Remove the words ‘or moderate’ from Part (f). Part (f) of Policy 10.29 corresponds with Policy REC-1 of the CTC Source Protection Plan. Although the York-Durham WHPA-Q is classified as a moderate risk level, in the future the policy is addressing a future Agreed. The words “or moderate” are removed from proposed policy 10.29 (f). See recommended policy 10.29 (e). See Recommended OPA 36 – Item 7. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 5 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response significant drinking water quantity threat. There is no ‘moderate’ threat from a recharge perspective. “…require a Water Balance Assessment for major development which poses a significant or moderate threat to water quantity…” 18. 5 7 (10.29 g) Remove the words ‘or moderate’ from Part (g). See explanation under Part (f). Only significant threats are possible. Agreed. The words “or moderate” are removed from proposed policy 10.29 (g). See recommended policy 10.29 (f). See Recommended OPA 36 – Item 7. 19. 5 7 (10.29 h) Remove the words ‘or moderate’ from Part (h). See explanation under Part (f). Only significant threats are possible. Agreed. The words “or moderate” are removed from proposed policy 10.29 (h). See recommended policy 10.29 (g). See Recommended OPA 36 – Item 7. 20. 5 7 (10.29 i) Please note, rather than on a case by case basis, all development with more than 10% increase in impervious cover within the WHPA-Q1/Q2 requires a water balance assessment. Even south of the downgradient line, a water balance assessment is the only available tool to determine whether best efforts have been pursued. Proposed policy 10.29 (i) is removed since this is addressed through proposed policy 10.29 (j) (now recommended policy 10.29 (h)). See Recommended OPA 36 – Item 7. 21. 7 (10.32) Please change “Source Water Protection Plan” to “Source Protection Plan”, to accurately reflect the title of that document. Agreed. The title to the document has been corrected. 22. 6 9 (15.15) definition of Groundwater Recharge Area Consider adding ‘preferentially’ before ‘…replenished from natural processes…’. Agreed. The word ‘preferentially’ is added before the words ‘replenished from natural processes …’. See Recommended OPA 36 – Item 10. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 6 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response 23. 7 10 (15.15) Consider adding a definition of vulnerable area, as noted above. Agreed. A definition of the term ‘vulnerable area’ has been added to the Glossary. See Recommended OPA 36 – Item 16. 24. 7 17 (15.15) definition of Wellhead Protection Area Please revise the Wellhead Protection Area definition to be consistent with the wording in the CTC Source Protection Plan on page 181. Agreed. The text for the definition of Wellhead Protection Area (WHPA) is changed to be the wording in the CTC Source Protection Plan on page 181. See Recommended OPA 36 – Item 17. 25. 7 10 (ii) (15.15) Please note, in York Region, WHPA-Q1 and WHPA-Q2 are coincident. Noted. Comments on Proposed Informational Revision 24 26. 1 Purpose For conformity with the Clean Water Act, 2006, we suggest text refer to Drinking Water Source Protection or Source Protection Planning, as opposed to Source Water Protection. Agreed. The term “Source Water Protection” is replaced with “Drinking Water Source Protection” in the Purpose section of the Recommended Informational Revision 24. See Recommended Informational Revision 24 – Purpose. 27. 2 Source Protection Plans Consider the addition of text as follows: “The City of Pickering is subject to the CTC Source Protection Plan (CTC SPP), which gets its name from the first letter of each of the three Source Protection Areas: Credit Valley, Toronto and Region, and Central Lake Ontario which form the CTC Source Protection Region”. Noted. 28. 2 Source Protection Plans Consider the addition of text as follows: “However, the City of Pickering is committed to working with other municipalities as members of the Lake Ontario Collaborative Group to Agreed. The word “Group” is added after “Lake Ontario Collaborative” as suggested in the second paragraph under “Source. Protection Plans”. See Recommended Informational Revision 24 – Item 2. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 7 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response undertake actions that protect Lake Ontario as a source of drinking water.” 29. 4 Size and Shape of Wellhead Protection Area Consider the revision of text as follows: “….how quickly a contaminant can move from a through the WHPA into to a municipal well…Wellhead protection areas are were drawn based on scientific research that took all these factors into consideration.” Agreed. The text in the informational sidebar in Item 4 has been revised as suggested. See Recommended Informational Revision 24 – Item 4. 30. 4 Size and Shape of Wellhead Protection Area Add a “.” at the end of this sidebar. Agreed. See Recommended Informational Revision 24 – Item 4. 31. 3 Item 2 Explanation of Wellhead Protection Area Please revise the Wellhead Protection Area definition to be consistent with the wording in the CTC Source Protection Plan on page 181. Noted. It is not necessary to provide the full definition in this explanatory text since it is provided the Glossary in section 15.15. Central Lake Ontario Conservation Authority Comments Comments on Proposed Amendment 36 32. 8 (13.1 e) 5 (10.13 f) We recommend that the amendment incorporate the terms “Significant Groundwater Recharge Area (SGRA)” and “Highly Vulnerable Aquifers (HVA)” in the relevant policy sections. Agreed. See response to Numbers 1 and 2 above. 33. 4 (10.8 a (iii)) 6 (10.17 h) 7 (10.27 c (ii)) Three proposed policies, 10.8 (a) (iii), 10.17 (h), and 10.27 (c) (ii), each seek to direct the location of snow storage in order to avoid directing contaminants into vulnerable areas. We recommend that the city identify the vulnerable areas subject to this policy in order to permit effective implementation of this policy direction. Identified vulnerable Agreed. The term “vulnerable areas” in proposed policy 10.8 (a) (iii) and 10.17 (h) is replaced with “Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers”. See response to Numbers 1 and 2 above. See Recommended OPA 36 – Items 4 and 7. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 8 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response areas could include SGRA’s and potentially HVA’s as well. 34. 2 (Schedule IIIF) 3 (10.2 h) 6 (10.17) We understand that in discussions between CTC Source Protection Region staff and staff at the Source Protection Programs Branch, Ministry of the Environment, Conservation and Parks, that ministry staff have advised that Intake Protection Zone mapping should be included in the Official Plan via this amendment. Accordingly, we recommend that proposed Schedule III F be revised to incorporate Intake Protection Zone mapping from the Source Protection Plan (IPZ-1, -2 and - 3). W hile there are no proscribed land use policies in the Source Protection Plan in relation to Intake Protection Zones, this mapping would further integration between the Source Protection Plan and the policy directions contained in proposed Policy 10. 2 (h) – Resource Management Objectives and 10.17 – Lake Ontario Waterfront and Frenchman’s Bay. Agreed. Intake Protection Zone mapping from the Source Protection Plan (IPZ-2 and IPZ-3) has been added to Schedule lllF: Vulnerable Areas for further clarity and consistency with the CTC Source Protection Plan. There are no IPZ-1 areas within, or immediately adjacent to the City of Pickering. See Recommended OPA 36 – Item 2. In addition, a definition for the term “Intake Protection Zone” has been added to Recommended OPA 36. See Recommended OPA 36 – Item 15. Regional Municipality of Durham General Comments 35. The following policy should be added to the amendment: “Where there is a conflict between the policies of the Pickering Official Plan, Durham Regional Official Plan (ROP) Agreed. New policy 10.32 is added. See Recommended OPA 36 – Item 7. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 9 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response and the Source Water Protection Plans, the more restrictive policy shall apply.” The policy would provide greater clarity and transparency. 36. The Amendment refers to Groundwater Recharge Areas and High Aquifer Vulnerability. The terms are not consistent with source water protection terminology. The terms Significant Groundwater Recharge Areas (SGRAs) and Highly Vulnerable Aquifers (HVAs) should be used. Agreed. See response to Numbers 1 and 2 above. 37. There are policies in the CTC Source Protection Plan that apply to HVAs and SGRAs throughout the City of Pickering. The policies require applicants in these areas to adhere to or have regard for the use of best management practices when applying road salt or handling and storing hazardous chemicals. The following policies must be addressed:  SAL-10  SAL-12  DNAP-3  OS-3 SAL-10 and SAL-12 are addressed in policies 10.8 (a) (iii), 10.17 (h), 10.27 (c) and 16.5A (xxxvii). See Recommended OPA 36 – Items 4, 6, 7 and 18 respectively. DNAP-3 and OS-3 are addressed in policy 10.31. See Recommended OPA 36 – Item 7. 38. There are a number of references to the ROP throughout the proposed amendment, specifically in policies 10.27 and 10.29. The ROP has not yet been updated to incorporate SWP policies, as such, the policies should Agreed. Reference to the ROP has been replaced with “Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan” where appropriate. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 10 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response only reference the applicable CTC Source Protection Plan policies. 39. As part of the Region of Durham’s Municipal Comprehensive Review exercise, the Region of Durham is in the process of preparing a proposed amendment to the Regional Official Plan (ROP) in order to bring it into conformity with the Source Protection Plans. Further revisions to the City’s Recommended Amendment 36 may be required following the completion of the Region’s Comprehensive Review exercise. Noted. Comments on Proposed Amendment 36 40. Basis The three deliverables from the SPC are the Terms of Reference, Assessment Report and Source Protection Plan. The CTC SPP came into effect December 31, 2015. Noted. “December 31” has been added to the text to reflect the precise date that the CTC SPP came into effect. See Recommended OPA 36 – Basis. 41. Item 2 (Schedule B) This map is missing Intake Protection Zone #3 from the CTC Source Protection Plan. Please include this area in Schedule B. Agreed. Mapping of Intake Protection Zone 3 from the CTC Source Protection Plan has been added to Schedule lllF to more completely represent Vulnerable Areas in the City of Pickering. See Recommended OPA 36 – Item 2. 42. Item 3 Schedule IIID, the term used in Source Protection is Significant Groundwater Recharge Areas and Highly Vulnerable Aquifers. Agreed. See response to Numbers 1 and 2 above. 43. Item 5 Policy 10.17 (i) Lake Ontario Collaborative policy LO-G-3 is aimed at Peel, Toronto, and Agreed. Proposed Policy 10.17 (i) has been removed as it does not apply to the City of Pickering. However, there is reference to the Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 11 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response Durham. All other LOC policies are the responsibility of MECP. City working with other municipalities and the Lake Ontario Collaborative to protect Lake Ontario as a source of drinking water, in the recommended preamble to the Source Protection Plans section of the Official Plan. See Recommended OPA 36 - Item 5 and Recommended Informational Revision 24 – Item 2. 44. Item 7 Policy 10.29 (d) In order to avoid confusion around the Permit to Take Water program, it should be added that a Permit To Take Water is a provincial permit issued by the Ministry of Environment, Conservation and Parks. Agreed. The text “A Permit To Take Water is a provincial permit issued by the relevant provincial ministry.” has been added as a sidebar to policy 10.29. See Informational Revision 24 – Item 7. 45. Item 7 Policy 10.29 (e) It is suggested that the “significant water quantity threat” be replaced with “significant drinking water threat” to be consistent with Source Water Protection terminology. Agreed. The text in policy 10.29 (e) has been changed in accordance with the comments from TRCA/CTCSPA Comments (See Number 16 above). See Recommended OPA 36 – Item 7. 46. Item 7 Policy 10.29 (i) This policy requires a geographical identifier. A reference that the policy applies in the York Durham WHPA- Q1/Q2 should be added for clarity. The York Durham WHPA-Q1/Q2 is identified in policy 10.29 (a). 47. Item 7 Policies 10.29 (i) and (j) 10.29 i) references small-scale development and agricultural development, whereas 10.29 j) references agricultural uses. It is suggested that common terminology be used. Agreed. Proposed Policy 10.29 (i) now refers to agricultural uses, agriculture-related uses and on-farm diversified uses”. See Recommended OPA 36 – Item 7. 48. Item 8 Policy 13.1 (e) A Place to Grow, the Growth Plan for the Greater Golden Horseshoe requires rural settlement boundaries be added to the ROP. As such, the term “Regional See response to Number 49 below. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 12 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response and” should be added to the policy, so that it reads as follows: “notwithstanding subsection (b) only consider amendments to rural settlement area boundaries that would result in an expansion into the York- Durham WHPA Q1/Q2 as part of a Regional and municipal comprehensive review …” 49. Item 8 Policy 13.1 (e) It is suggested that the word “and” between “Region” and “municipal comprehensive review” be deleted and the term “Regional” be used. Agreed. The term “Regional municipal comprehensive review” is used. See Recommended OPA 36 – Item 8. 50. Item 4 (Policy 10.8 (a) (iii)); Item 5 (Policy 10.13 (g) (ii)); Item 6 (Policy 10.17 (h)); and Item 7 (Policy 10.27 (c) (ii)) Snow storage has not been identified as a significant threat anywhere in the Region and can only exist as a significant threat in the WHPA-A (Existing, Future) WHPA-B (VS=10) or WHPA-E (VS>= 9). Also, snow storage is not considered a threat to HVAs or SGRAs in accordance with the SPP. Noted. Ministry of Municipal Affairs and Housing (MMAH) Comments on Proposed Informational Revision 24 51. Item 2 The following revision to Section 2 is recommended for your consideration (bold represents additions and strikethrough represents deletions): “Source Protection Plans identify threats to the quality and quantity of municipal drinking water sources (drinking water wells and surface water Agreed. Textual changes have been made for clarity. See Informational Revision 24 Item 2. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 13 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response intakes supply plants) and their associated vulnerable areas.” Comments on Proposed Amendment 36 52. Item 2 (Schedule B) We suggest that maps should also be included that identify, at a minimum, the EBAs (Event Based Areas (IPZ 3)) and IPZ 2 (Intake Protection Zone 2) in the City’s shoreline area in order to reflect the other designated vulnerable areas in the City. As you are aware, the PPS requires municipalities to protect all designated vulnerable areas (Policy 2.2.1.e). Agreed. IPZ-2, IPZ-3 and EBA have been added to Schedule lllF for further clarity and consistency with the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan. There are no IPZ-1 areas in, or adjacent to, the City of Pickering. See Recommended OPA 36 – Item 2. New policy 10.30 has been added to address Intake Protection Zones. See Recommended OPA 36 – Item 7. In addition, a definition for the term “Intake Protection Zone” has been added to Recommended OPA 36. See Recommended OPA 36 – Item 15. 53. Comment on Revised Draft OPA 36 The comment table indicated that a definition for the term “Intake Protection Zone” was added to OPA 36 under item 12, however item 12 was actually a definition for “Vulnerable Area”. Considering the definitions for other vulnerable areas are included in OPA 36, the City may consider also including a definition for “Intake Protection Zone” for consistency. The CTC Source Protection Plan has a definition that the City may borrow: Intake Protection Zone (IPZ): Noted. A definition for the term “Intake Protection Zone” has been added to Recommended OPA 36. See Recommended OPA 36 – Item 15. Table 1: Staff Response to Agency Comments on Draft Official Plan Amendment 36 Updated: September 14, 2020 Page 14 of 14 Number Page Reference OPA Item and (Section) Comments City Staff Response The contiguous area of land and water immediately surrounding a surface water intake, which includes:  the distance from the intake;  a minimum travel time of the water associated with the intake of a municipal residential system or other designated system, based on the minimum response time for the water treatment plant operator to respond to adverse conditions or an emergency;  the remaining watershed area upstream of the minimum travel time area (also referred to as the Total Water Contributing Area) – applicable to inland water courses and inland lakes only; Enbridge Gas Inc. General Comments 54. Enbridge Gas Inc. does not object to the proposed application. Noted.