HomeMy WebLinkAboutPLN 08-22Report to
Planning & Development Committee
Report Number: PLN 08-22
Date: February 7, 2022
From: Kyle Bentley
Director, City Development & CBO
Subject: City Initiated Official Plan Amendment: Ecosystem Compensation
Recommended Amendment 35 to the Pickering Official Plan
File: OPA 19-003/P
Recommendation:
1. That Official Plan Amendment Application OPA 19-003/P, initiated by the City of Pickering, to
amend existing policies and introduce new policies to the Pickering Official Plan with regard to
ecosystem loss and compensation, as set out in Exhibit ‘A’ to Appendix I to Report PLN 08-22
be approved;
2. That the Draft By-law to adopt Amendment 35 to the Pickering Official Plan, to amend
existing policies and introduce new policies to the Pickering Official Plan with regard to
ecosystem loss and compensation, as set out in Appendix I to Report PLN 08-22, be
forwarded to Council for enactment;
3. 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; and
4. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The purpose of Amendment 35 is to amend the City of Pickering
Official Plan by adding new policies, and changing existing policies in the Pickering Official Plan,
with regard to ecosystem loss and compensation. The full amendment is contained in Exhibit ‘A’ to
Appendix l to this report. A general description of the amendment is provided in Section 6.1 of this
report.
Financial Implications: The implementation of Amendment 35 would provide a new revenue
stream to the City, to compensate for ecosystem loss, through tree planting and project-specific
restoration projects, in accordance with conditions of approval for new development.
Report PLN 08-22 February 7, 2022
Subject: Official Plan Amendment Application OPA 19-003/P Page 2
Discussion:
1. Purpose
1.1 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.
1.2 Although the principle of compensation is already established 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.
1.3 The City works with the Toronto and Region Conservation Authority (TRCA) and the
development industry to seek favorable outcomes where the loss of critical ecological
functions and components are unavoidable. 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. Similarly, there would be no policy direction on how to achieve a
satisfactory level of compensation to provide meaningful replacement of, or enhancement
to, the natural heritage system.
1.4 Council’s passing of the By-law to adopt the Recommended Amendment will strengthen the
principle of ecosystem compensation (where all options for protection have been exhausted)
in the Pickering Official Plan. Further, the policy will provide a stronger basis for
collaboration between parties and to achieve a consistent and transparent approach to
compensation through the implementation of approved development proposals.
1.5 A Memorandum of Understanding (MOU) between the City and TRCA, regarding the
Implementation of Ecosystem Compensation in accordance with TRCA’s Guideline to
Determine Ecosystem Compensation (the “Guideline”), dated June 2018, will guide the City
in its implementation of Amendment 35 to the Pickering Official Plan. For more information
regarding the MOU, please refer to Report PLN 07-22 dated February 7, 2022.
2. Statutory Public Meeting and Open House
2.1 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 open house and the statutory public meeting was
advertised on the City of Pickering website. The open house and statutory public meeting
were held on June 17, 2019.
2.2 The open house drew one attendee, a planner from Evans Planning Inc., inquiring about
the applicability of the proposed policies to approved, but not yet built, plans of
subdivisions. Evans Planning Inc. also submitted a follow-up email, inquiring about the
same matter. No members of the public spoke to the Proposed Amendment at the statutory
public meeting.
Report PLN 08-22 February 7, 2022
Subject: Official Plan Amendment Application OPA 19-003/P Page 3
3. Agency Consultation
3.1 The Proposed Amendment and Information Report 09-19 were circulated to public agencies
on May 24, 2019. Written submissions were received from TRCA and the Regional
Municipality of Durham (Region).
3.2 TRCA had no comments to offer in regard to the Proposed Amendment, and expressed its
appreciation of the City’s efforts on this matter and that it was looking forward to working
with the City on a MOU to administer and implement ecosystem compensation.
3.3 The Region provided minor technical comments regarding sentence structure and indicated
that Amendment 35 is exempt from Regional approval, in accordance with the Region’s
By-law 11-2000.
4. Submissions from developers/land owners in Duffin Heights Neighbourhood and
Seaton
4.1 At the end of 2020, staff prepared a recommendation report with respect to OPA 19-003/P,
and interested parties were notified that the recommendation report would be considered by
the Planning & Development Committee (the Committee) of Council on December 7, 2020.
At the same meeting, the Committee would also have considered a staff recommendation
report regarding the draft MOU between the City of Pickering and the TRCA regarding the
administration and collection of fees and technical guidance in relation to the TRCA’s
Guideline for Determining Ecosystem Compensation, June 2018.
4.2 However, on December 4, 2020, staff received three written submissions expressing
concerns about the recommended official plan amendment. Two were from Evans Planning
Inc. on behalf of Brock Dersan Developments and Brock Zents Partnership. One was from
R.D. Webster on behalf of the Duffin Heights Landowners Group.
4.2.1 The submissions made reference to lands within the Duffin Heights Neighbourhood, which
were the subject of an Environmental Servicing Plan (ESP). The submissions noted that
the formula for determining compensation for various features and functions were already
addressed in that ESP prior to any development occurring in the neighbourhood.
The concerns expressed pertain to the following wording that formed part of Section 10.12 (g)
of the initial Recommended Amendment:
“However, the relevant conservation authority’s guideline shall apply to
any new or revised approvals under the Conservation Authorities Act
permitting process”.
4.2.2 The opinion was expressed that this sentence could be interpreted to imply that any
proposed development on vacant or underutilized lands in the Duffin Heights
Neighbourhood may require payment of further compensation fees in addition to those
compensation fees that were previously established in accordance with the ESP and
associated cost sharing agreements.
Report PLN 08-22 February 7, 2022
Subject: Official Plan Amendment Application OPA 19-003/P Page 4
4.2.3 Accordingly, the City was requested to confirm that, by virtue of the prior approval of the
Duffin Heights ESP, the respective developers’ proposed developments are exempt from
the provisions of OPA 35. Furthermore, the City was requested to provide greater
specificity with regard to what constitutes “new or revised approvals” under the
Conservation Authority Act permitting process, and that it be confirmed that it will not apply
to properties for which compensation has already been determined under the approved ESP.
4.2.4 These concerns were expressed following publication of the December 7, 2020 Planning &
Development Committee Agenda, but prior to the December meeting. Staff required time to
undertake a proper review of the submissions, and consult with Legal Services, TRCA, and
the respective developers regarding the need for any changes to policy wording. Therefore,
the Director, City Development & CBO, in a memorandum dated December 7, 2020 to the
Mayor and Members of Council, requested that the reports with respect to recommended
OPA 19-003/P and the draft MOU be referred back to staff, and that staff report back to the
Committee in early 2021. Subsequently, the recommendation reports were not considered
by the Committee.
4.3 On January 27, 2021, staff received a submission from North Pickering Community
Management Inc., on behalf of the Seaton Landowners Group (the SLG), in which they
expressed concern with the approach proposed in OPA 35, and the Draft Memorandum of
Understanding. More specifically, the SLG expressed concern that there is a lack of clarity
in OPA 35, stating that it should exempt the lands in the Seaton Community from the new
proposed policy.
4.3.1 In their submission, the SLG pointed to Amendment 22 to the Pickering Official Plan, which
introduced neighbourhood specific policies for the development of the Seaton Community,
and to an approved Master Environmental Servicing Plan (MESP) for Seaton, that were
developed over many years in close coordination between all the stakeholders and TRCA.
Accordingly, the SLG requested a clear statement, preferably in OPA 35, confirming that
the lands in the Seaton Community are not subject to the proposed new policies in OPA 35.
The SGL also expressed concern that even minor new or revised approvals may be
required to provide compensation despite being in general conformity with the directions
developed through the Seaton MESP. Accordingly, it was suggested that the policy be
modified to make it clear that any new or revised approvals under the Conservation
Authorities Act permitting process would also not be subject to the new policies.
5. Staff’s response to submissions
5.1 In response to the submissions from Evans Planning Inc. and R.D. Webster, staff entered
into lengthy negotiations with TRCA staff, Evans Planning Inc. and R.D. Webster during
2021, in an effort to reach consensus on any proposed revisions to the wording in
subsection 10.12 (g) in OPA 35. Following various iterations of textual revisions to
subsection 10.12 (g) in OPA 35, staff, TRCA and R.D. Webster reached an agreement on
the wording, which is reflected in Appendix I to this report.
Report PLN 08-22 February 7, 2022
Subject: Official Plan Amendment Application OPA 19-003/P Page 5
5.1.1 The textual revisions to OPA 35 include the following:
• deleting the sentence: “However, the relevant conservation authority’s guideline for
determining ecosystem compensation shall apply to any new or revised approvals
under the Conservation Authorities Act permitting process”;
• distinguishing between the loss of ecosystem features or functions within or outside of
a conservation authority’s regulatory jurisdiction;
• clarifying the circumstances under which the loss of ecosystem features or functions
would be exempt from the conservation authority’s ecosystem compensation guideline,
being:
• within a regulated area, the development application received approval under the
Planning Act prior to Amendment 35 coming into effect, and the compensation
for the loss of ecosystem features or functions was dealt with in an approved
master environmental servicing plan, environmental assessment, or
environmental report; or
• outside a regulated area, compensation for the loss of ecosystem features or
functions was dealt with in an approved master environmental servicing plan,
environmental assessment, or environmental report.
5.1.2 Evans Planning Inc. was and is still of the opinion that the latest revised wording in OPA 35
does not go far enough to address his clients’ concerns. Evans Planning Inc. insists that a
policy exception be included in the OPA to exempt his clients from complying with the
provisions reflected in the revised subsection 10.12 (g). In other words, he seeks greater
“assurance” that his clients will not be paying more compensation, due to the implementation
of TRCA’s Ecosystem Compensation Guideline, than would otherwise be payable under
the Neighbourhood ESP and associated cost sharing agreements.
5.1.3 In spite of Evans Planning Inc.’s insistence on a site-specific exception in OPA 35, staff is
of the opinion that the lengthy negotiations between the parties during the past year, which
resulted in the latest revisions to the wording in OPA 35, is a reasonable compromise. The
policy exceptions in subsection 10.12 (g) (i) and (ii) provide a response that satisfactorily
addresses the concerns the broader development community in Duffin Heights initially had
with OPA 35. Thus, the Duffin Heights Land Owners Group has agreed to the revised wording.
5.1.4 Furthermore, introducing site specific exceptions in OPA 35 to address or respond to every
possible eventuality in the City, is not practical or advisable. The revised wording enables
the implementation of long overdue ecosystem compensation in Pickering in accordance
with the TRCA Ecosystem Compensation Guideline, and provides a reasonable measure of
flexibility to current developers who have not yet received final planning approvals.
5.2 Regarding the submission from North Pickering Community Management Inc. on behalf of
the Seaton Landowners Group (SLG), staff is of the opinion that the latest revisions to
subsection 10.12 (g), removes any uncertainty as to meaning of the new policy and does
not require a specific reference to the Seaton MESP. A copy of the latest revised wording in
OPA 35 was forwarded to their spokesperson, but no comments have been received at the
time of the finalization of this report.
Report PLN 08-22 February 7, 2022
Subject: Official Plan Amendment Application OPA 19-003/P Page 6
5.3 The modifications to the wording in OPA 35 are technical in nature and do not detract from
the original intent or purpose of Amendment 35.
6. Recommended Amendment
6.1 Exhibit ‘A’ to Appendix I is the Recommended Amendment 35 to the City of Pickering
Official Plan. It introduces revisions to Pickering’s Resource Protection and Enhancement
policies in Chapter 10 – Resource Management of the Pickering Official Plan. More
specifically, the key proposed amendments to the Official Plan text:
• 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; and
• clarifies the condition under which previously approved developments would be
exempted from additional ecosystem compensation.
7. Conclusion
7.1 Strengthening the policy framework in relation to ecosystem loss and compensation though
this official plan amendment provides a stronger basis for collaboration between parties,
and achieves a consistent and transparent approach to compensation through the
implementation of approved development.
7.2 Recommended Amendment 35 incorporates appropriate modifications to the initial
amendment, based on comments received through the consultation process.
7.3 Staff recommend that Council endorse Recommended Amendment 35 to the Pickering
Official Plan by passing the by-law to adopt Amendment 35, as set out in Appendix I to this
report.
Appendix
Appendix l Draft By-law to Adopt Recommended Amendment 35 to the Pickering Official Plan
Report PLN 08-22 February 7, 2022
Subject: Official Plan Amendment Application OPA 19-003/P Page 7
Prepared By:
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
DJ:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix No. I to
Report No. PLN 08-22
Draft By-law to Adopt Amendment 35
to the City of Pickering Official Plan
Draft The Corporation of the City of Pickering
By-law No. XXXX/22
Being a by-law to adopt Amendment 35 to the Official Plan for
the City of Pickering (OPA 19-003/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 Planning Act identifies the protection of ecological systems, including natural areas,
features and functions as a matter of Provincial interest, and the Provincial Policy Statement 2020
requires that the long term ecological function and biodiversity of natural heritage systems should
be maintained, restored or enhanced where possible;
Whereas the Region has advised that, in accordance with By-law 11-2000, Amendment 35 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 35 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, 2022.
Draft ________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
Draft
Exhibit “A” to By-law XXXX/22
Recommended Amendment 35
to the City of Pickering Official Plan
Recommended Amendment 35 to the Pickering Official Plan
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 continue to be 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 achieves a 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.
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 Section 10.12, Key Natural and Key Hydrologic Features, in Chapter 10 –
Resource Management, by deleting “and” at the end of subsection (d); deleting the
period “.”and adding “; and” at the end of subsection (e); and adding new subsections (f)
and (g) to read as follows:
“10.12 City Council recognizes the significance and sensitivity of key natural
heritage and key hydrologic features and their inter-related systems of
water resources, biotic habitat, natural and cultural heritage, and landform;
accordingly, Council shall:
(a) to (c) …;
(d) …; and
(e) ….; and
Recommended Amendment 35 to the Pickering Official Plan Page 2
(f) require compensation for the loss 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 the exception of tree removal that
falls under the purview of the City’s Tree Removal Compensation
Fee, where applicable; and
(g) not require ecosystem compensation in accordance with
Section 10.12 (f) of this Plan in the following circumstances:
(i) within the relevant conservation authority’s regulatory
jurisdiction where removal of regulated features and/or
ecosystem functions has previously been determined as part
of a zoning by-law amendment, or draft plan of subdivision, or
draft plan of condominium, or site plan, approved under the
Planning Act, and where compensation for the loss of the
features and/or ecosystem functions has already been
determined in accordance with an approved master
environmental servicing plan, environmental assessment or
environmental report, prior to the adoption of this Amendment;
or
(ii) outside of the relevant conservation authority’s regulatory
jurisdiction where compensation for the loss of non-regulated
features and/or ecosystem functions has been determined in
accordance with an approved master environmental servicing
plan, environmental assessment or environmental report.
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