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HomeMy WebLinkAboutPLN 18-22Report to Planning & Development Committee Report Number: PLN 18-22 Date: April 4, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Envision Durham – Identifying a Regional Natural Heritage System - The Region of Durham Municipal Comprehensive Review - File: A-2100-020 Recommendation: 1. That Council support the draft Regional Natural Heritage System (RNHS) for the new Regional Official Plan and endorse staff’s comments contained in Report PLN 18-22. Executive Summary: On March 1, 2022, the Regional Municipality of Durham released a report regarding the mapping of a draft Regional Natural Heritage System (RNHS) for the new Regional Official Plan as part of Envision Durham – the Region’s comprehensive review of its Official Plan. A copy of the Commissioner of Planning and Economic Development’s Report 2022-P-7 and accompanying attachments, are provided as Attachment #1 to this report. City staff recommend that the comments in bold contained in Section 3 of this report be endorsed as the City comments on the draft Regional NHS mapping, in relation to lands within the City of Pickering. Financial Implications: The recommendations of this report do not present any financial implications to the City of Pickering. Discussion: 1. Purpose The purpose of this report is to obtain Council’s endorsement of staff’s comments on the Region of Durham’s draft mapping of the Regional Natural Heritage System (RNHS), released as part of Envision Durham, the Municipal Comprehensive Review of the Regional Official Plan (ROP). 2. Background The Region of Durham, as part of its review of the ROP, is required to bring its plan in conformity with provincial plans (the Growth Plan, the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan, and the Central Pickering Development Plan), and to ensure consistency with the Provincial Policy Statement (PPS). Currently, the ROP identifies Key Natural Heritage and Hydrologic Features, and Natural Core Areas and Natural Linkage Areas on the Oak Ridges Moraine, but not as a system of features. The Province requires the identification of a RNHS in the Regional Official Plan, capturing all the identified features and linkages into a holistic, integrated NHS. Report PLN 18-22 April 4, 2022 Subject: Envision Durham – Identifying a Regional Natural Heritage System Page 2 The identification of a RNHS stems from the PPS requirement of a system-based approach to natural heritage planning instead of a features-based approach. Further, A Place to Grow: Growth Plan for the Greater Golden Horseshoe, requires the Growth Plan Natural Heritage System to be included as an overlay with supporting policies in official plans. The Region’s Report 2022-P-7, released in association with the draft RNHS (see Attachment #1), provides a more comprehensive explanation of the basis for the draft RNHS, and it also discusses: • the Region’s approach to gathering the various data sets to inform the draft RNHS; • how the NHS will be displayed in the ROP and the geographic context of the RNHS within the Rural Area, Urban Area, and “W hitebelt” lands; • the identification of “Enhancement Opportunity Areas” proposed by Durham’s conservation authorities (that are not part of the NHS); • a number of proposed key policy directions, to be further detailed in the draft ROP; and • how the RNHS can be implemented and used by area municipalities, conservation authorities and land owners. The Region’s report also highlights the inclusion of the Growth Plan NHS, which covers areas outside the urban area boundaries and the Greenbelt Plan, into the draft RNHS. The affected lands in Pickering are in the vicinity of Westney Road, north of Highway 407, and are shown in orange on Attachment #4 to the Region’s Report 2022-P-7. While these areas would be additions to the Region’s NHS, the areas for the most part are already identified as part of the Natural Heritage System in the City’s Official Plan. A key aspect to highlight, with respect to the Region’s approach to identify and implement the RNHS in the ROP, is that it will be depicted as an “overlay” and not a land use designation. The RNHS overlay will act as a screening tool for development applications, to determine which natural heritage features, functions and/or linkages may be present, based on background data, and whether any environmental impact study or natural heritage evaluation may be required. The City of Pickering, through Official Plan Amendment (OPA) 27 (The Greenbelt and Countryside Amendment approved in December 2017), introduced policies to the Pickering Official Plan (POP) that elevated natural heritage planning in Pickering from a features-based to a system-based approach. The Amendment also added a new Schedule IIIA to the POP depicting a city-wide Natural Heritage System, inclusive of the Seaton Natural Heritage System that was approved through OPA 22. The city-wide NHS depicted on Schedule IIIA of the POP, together with the more detailed features mapping on Schedules IIIB, IIIC and IIID, are already being used by City staff as a screening tool to review development proposals and applications. The implementation of the RNHS in the ROP will provide an additional screening tool, and assist with making the mapping of the NHS and its interpretation, more uniform and predictable across the Region. Report PLN 18-22 April 4, 2022 Subject: Envision Durham – Identifying a Regional Natural Heritage System Page 3 The list of source data, used by the Region to inform the draft RNHS, includes the NHS and features mapping in the POP, together with conservation authority NHS data sets, the enhanced NHS depicted in the Carruthers Creek Watershed Plan (2021), as well as the Toronto and Region Conservation Authority (TRCA) draft enhanced NHS (2021). 3. Staff Comments The mapping of the draft RNHS has gone through a number of iterations over the past year. City planning staff, as part of Envision Durham Municipal Working Group engagements, undertook a detailed review of the draft RNHS using the NHS mapping in the POP, aerial photography, and available development data and approvals. Comments were submitted through an online map browser to Regional staff in late summer 2021, and again in early 2022. The mapping revisions proposed by staff pertained mainly to small portions or slivers of the draft RNHS layer that were protruding into developed properties (where the development limits have been established through previous background studies and planning approvals), or into undeveloped properties for which the development limits were established through recent studies and planning approvals. Staff also submitted comments to ensure that the Seaton NHS, as approved through OPA 22, is accurately depicted in the draft RNHS. Using the staff comments that were previously submitted to Regional staff as a benchmark, staff conducted a final review of the latest draft RNHS mapping, contained in Attachment #1 to this report. Staff found it to be generally consistent with the NHS mapping in the POP, and it also accurately depicts the Seaton NHS. As for the proposed “Enhancement Opportunity Areas” reflected in Attachment #1 to the Region’s Report 2022-P-7, staff identified the following concerns: • The Region states in its report that the “Enhanced Opportunity Areas” are not part of the RNHS. At this time, there is no proposed policy framework to help understand the implications of having an Enhanced Opportunity Area shown on a property. In the absence of the specific policy language, it is unclear what “weight” the identification of an Enhanced Opportunity Area would have, or how, and to what extent, it should be implemented. • Staff also noticed a relatively large number of “Enhanced Opportunity Areas” in northwest Pickering. Staff recently provided comments to TRCA regarding their proposed updated and enhanced NHS and features mapping. Consistent with those staff-to-staff comments, staff notes that if or when urban development is contemplated for the northwest Pickering lands, concerted effort should be made to strike a balance between environmental protection and accommodating future growth up to and beyond 2051. Report PLN 18-22 April 4, 2022 Subject: Envision Durham – Identifying a Regional Natural Heritage System Page 4 Attachment: 1. Report of the Regional Commissioner of Planning and Economic Development 2020-P-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 Attachment #1 to Report #PLN 18-22 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564 The Regional Municipality of Durham Report To: Planning and Economic Development Committee From: Commissioner of Planning and Economic Development Report: #2022-P-7 Date: March 1, 2022 Subject: Envision Durham – Identifying a Regional Natural Heritage System, File D12-01 Recommendation: That the Planning and Economic Development Committee recommends: Receive for information Report: 1.Purpose 1.1 The purpose of this report is twofold: i.To advise Committee that the draft mapping of the Regional Natural Heritage System (NHS) for the new Regional Official Plan (ROP) is being released for public and agency comment; and ii.To introduce potential “Enhancement Opportunity Areas”, as proposed by Durham’s conservation authorities that would support the proposed Regional NHS. 1.2 The provincial requirement to identify a Regional NHS is one of many key components of Envision Durham, the Municipal Comprehensive Review (MCR) of the ROP. The inclusion of the NHS is required for the new ROP to be consistent with the Provincial Policy Statement (PPS), and to conform with provincial plans (the Growth Plan, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan). Report #2022-P-7 Page 2 of 7 1.3 Following Planning and Economic Development Committee on March 1, 2022, the draft Regional NHS will be posted to the Envision Durham project webpage through an interactive online map viewer and for convenience, is provided as Attachment #1 to this report. Those wishing to provide input may do so by commenting directly within the online map viewer or by submitting comments to EnvisionDurham@durham.ca or by mail. Comments are requested by May 2, 2022, representing a 60-day commenting window. 2. Previous Reports and Decisions 2.1 The following Regional staff reports related to the Regional NHS have been provided to Council since the launch of the MCR: • Report #2019-P-36 Envision Durham – Environment and Greenlands Discussion Paper; and • Report #2021-P-7 Envision Durham – Proposed Policy Directions. 3. Existing Policy Requirements 3.1 The PPS requires that natural features and areas be protected for the long term and that municipalities identify a “Natural Heritage System” (NHS). An NHS is defined as “a system made up of natural heritage features and areas1, and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species, and ecosystems. These systems can include natural heritage features and areas, federal and provincial parks and conservation reserves, lands that have been restored or have the potential to be restored to a natural state, areas that support hydrological functions and working landscapes that enable ecological functions to continue.” 1 The PPS defines natural heritage features and areas as features and areas, including significant wetlands, significant coastal wetlands, other coastal wetlands in Ecoregions 5E, 6E and 7E, fish habitat, significant woodlands and significant valleylands in Ecoregions 6E and 7E (excluding islands in Lake Huron and the St. Marys River), habitat of endangered species and threatened species, significant wildlife habitat, and significant areas of natural and scientific interest, which are important for their environmental and social values as a legacy of the natural landscapes of an area. Report #2022-P-7 Page 3 of 7 3.2 The PPS requires a “systems-based approach” to natural heritage planning. A systems-based approach is required, (as opposed to a “features-based approach”), since isolated features have lower ecological functioning compared to features that form part of a connected system.2 Natural communities are dependent on the interchange of resources that support healthy, functioning and resilient ecosystems.3 Natural heritage planning best practice also recognizes the strategic importance of a systems-based approach to protecting, restoring and enhancing the natural environment not only by considering core natural features, but also the connections between them. 3.3 The Oak Ridges Moraine Conservation Plan (ORMCP) designates Natural Core Areas and Natural Linkage Areas, which together make up the NHS on the Oak Ridges Moraine as reflected in the current ROP (see Attachment #2). Municipalities are required to protect these areas for their natural heritage and hydrologic value. The ROP has included mapping and policies for these NHS areas on the Oak Ridges Moraine for almost 20 years. 3.4 The Greenbelt Plan established the Greenbelt NHS in 2005 which municipalities are required to protect through policy and mapping within official plans that is reflected in the current ROP as Schedule B1 (see Attachment #3). 3.5 The Growth Plan for the Greater Golden Horseshoe, 2020 adopts a similar definition as the PPS, and introduced an NHS for areas outside the Greenbelt and the Urban Area Boundary (i.e., in the “whitebelt”), where small areas containing natural heritage features within Pickering and Clarington have been identified (see Attachment #4). The Growth Plan requires that the Growth Plan NHS be included in official plans as an overlay and that policies be applied to maintain, restore, or enhance the diversity and connectivity of the system and its long term ecological and hydrologic functions. 4. Approach 4.1 The proposed NHS that is being released for public comment largely exists today in different forms and in different locations. The approach for the Region’s new official plan is to assemble the various NHS datasets in one location in the Region’s new OP, as an “overlay”. An overlay is not a land use designation. An overlay is a way 2 Natural Heritage Reference Manual for Natural Heritage Policies of the Provincial Policy Statement, 2005, Second Edition, 2010. 3 Ontario Nature: Best Practice Guide to Natural Heritage Systems Planning, 2014. Report #2022-P-7 Page 4 of 7 of depicting information to let the reader know that any development which may be permitted by the underlying land use designation may be subject to some form of site-specific study and review to ensure the NHS is being properly addressed. The proposed NHS consists of the following: a. Within the Rural Area, the proposed Regional NHS is comprised of the Greenbelt NHS and ORMCP Natural Core and Natural Linkage Areas (as previously described); b. Within the Urban Area, area municipal datasets were used to establish the proposed Regional NHS, in consultation with area municipal staff. Where features were identified outside the area municipal NHS, area municipal staff determined if these features should be included or excluded; c. Within the “whitebelt”, the proposed Regional NHS includes the identified Growth Plan NHS areas as required by the Province, approved area municipal NHS datasets, and conservation authority datasets where appropriate, including those developed through watershed planning exercises; and d. For the Urban Area and the “whitebelt”, the proposed Regional NHS incorporates additional work undertaken for significant woodlands. The data sources used to generate the proposed Regional NHS are shown in Attachment #5. 4.2 The Region’s conservation authority partners have also identified “Enhancement Opportunity Areas” within their respective jurisdictions to support the proposed Regional NHS. The Enhancement Opportunity Areas are not part of the NHS; rather, these are linkage areas where restoration, stewardship or other efforts would support the health of the Regional NHS, and a more resilient ecosystem in the face of ongoing climate change threats (see Attachment #1). 5. Implementation of the Regional NHS 5.1 While precise policy language will be presented through the draft ROP, Proposed Policy Directions identified approaches for a Regional NHS through Report #2021-P-7. In general, these proposed directions include: • objectives to promote a systems-based approach to protecting the natural environment, to achieve no net loss and to protect, enhance and restore features and areas and their ecological functions; Report #2022-P-7 Page 5 of 7 • that existing identified linkages, including “Open Space Linkages” and “Waterfront Links” and future linkages and enhancement areas identified through watershed plans and/or area municipal assessments be incorporated into a Regional NHS; • that cross-jurisdictional relationships and impacts on the Regional NHS be considered, and that the importance and intent of external connections, such as Urban River Valleys within the Greenbelt Plan be recognized; • that the completion of climate vulnerability assessments which identify the most vulnerable areas of the regional NHS and suggest enhancements and/or restoration needed to mitigate climate change impacts be supported; • that area municipalities develop an NHS and/or refine their existing NHS policies and mapping, including the identification of enhancement areas and linkages as necessary; and • that the Regional NHS be updated from time-to-time to reflect minor changes as a result of the newest and best available data, at the date of an official plan consolidation, without the need for an amendment to the ROP. 5.2 Once implemented, the Regional NHS and associated features maps can be used by municipalities, conservation authorities and property owners to understand what features could be impacted by development and site alteration. Once in effect, the Regional NHS would act as a screening tool for development applications such as official plan amendments, plans of subdivision, plans of condominium and consent (or land division) applications. During pre-consultation, or when applications are received, staff would determine which environmentally sensitive features, areas, functions, and/or linkages may be present based on the background data. Staff could also advise which Provincial Plan would apply and whether an environment impact study or natural heritage evaluation report, may be required. 6. Relationship to Strategic Plan 6.1 This report aligns with/addresses the following goals and priorities in the Durham Region Strategic Plan: a. Priority 1.3 under the goal of Environmental Sustainability, a Regional NHS would protect preserve and restore the natural environment, including greenspaces, waterways, parks, trails and farmlands; Report #2022-P-7 Page 6 of 7 b. Priority 1.4 under the goal of Environmental Sustainability, a Regional NHS demonstrates continued leadership in sustainability and addressing climate change; and c. Priority 5.3 under the goal of Service Excellence, the proposed consultation approach through Envision Durham demonstrates commitment to continuous quality improvement and communicating results. 6.2 Identifying a Regional NHS contributes to achieving objectives within the Durham Community Climate Adaptation Plan and is consistent with the Region’s climate emergency declaration. Protection of the natural environment can help to reduce the severity and frequency of riverine flooding and reduce ambient summer temperatures in urban areas to reduce heat stress. 7. Consultation Process 7.1 This report, the draft Regional NHS mapping, including instructions on how to use the map viewer, as well as a series of Frequently Asked Questions (FAQ) regarding Natural Heritage Systems, will be posted to the project webpage at www.durham.ca/EnvisionDurham for public and agency review. 7.2 Interested parties are encouraged to provide input directly within the online map viewer. Comments may also be submitted to EnvisionDurham@durham.ca or by mail and are requested by May 2, 2022. Information on the release of the draft Regional NHS map will be announced by way of: a. News release and public service announcement; b. Social media platforms, including Facebook, Twitter and LinkedIn; and c. Email notifications and report circulation, as detailed below. 7.3 A copy of this report and an invitation to provide input through the online map viewer will be forwarded to all Envision Durham Interested Parties, Durham’s area municipalities, conservation authorities, Indigenous communities, BILD – Durham Chapter, and the Ministry of Municipal Affairs and Housing. Circulation will also be provided to Regional Advisory Committees (Durham Environmental Advisory Committee, Durham Agricultural Advisory Committee and Durham Region Roundtable on Climate Change) that may have interest in where and how the Region intends to protect and enhance the Regional NHS. 8. Conclusion 8.1 Identification of a Regional NHS is required by provincial legislation and policies. Report #2022-P-7 Page 7 of 7 8.2 The approach that is being proposed for the Region’s new official plan is to assemble information contained in existing NHS datasets and to clearly depict the NHS as an overlay. The proposed NHS does not introduce any new restrictions that do not exist already. 8.3 Input on the draft Regional NHS is requested by May 2, 2022. Feedback received will be reviewed and will inform the preparation of the draft ROP. 9.Attachments Attachment #1: Draft Regional Natural Heritage System and Enhancement Opportunity Areas Attachment #2: Existing Regional Official Plan Schedule B – Map B3 – Oak Ridges Moraine Conservation Plan Land Use Designations Attachment #3: Existing Regional Official Plan Schedule B – Map B1 – Key Natural Heritage and Hydrologic Features and Greenbelt Natural Heritage System Attachment #4: Growth Plan Natural Heritage System Areas in Durham Attachment #5: Draft Regional Natural Heritage System – Source Data Table Respectfully submitted, Original signed by Brian Bridgeman, MCIP, RPP Commissioner of Planning and Economic Development Recommended for Presentation to Committee Original signed by Elaine C. Baxter-Trahair Chief Administrative Officer Lake Simcoe Lake Ontario Lake S c u g o g * ** * ** ** ** * * * * ** ** ** * ** * * * N× Scugog Uxbridge Ajax Whitby Oshawa Clarington Brock 401 401 401 401 35 115 35 115 77 48 12 7 7A 127 7 12 127 12 407 407 412 412 407 Draft Regional Natural Heritage System 0 4 8 Kilometres This map has been produced from a variety of sources. The Region of Durham does not make any representations concerning the accuracy, likely results, or reliability of the use of the materials. The Region hereby disclaims all representations and warranties. Digital cartography by The Regional Municipality of Durham, Planning and Economic Development Department, 2022. All rights reserved. May not be reproduced without permission. Enhancement Opportunity Areas Urban Area Boundary Draft Regional Natural Heritage System Overlay Attachment #1 Pickering ")10 ")23 ")32 UV41 2 UV40 7 ")39 ")13 ")13 ")1 UV7UV12 ")2 ")47 ")57 UV7A ")21 UV7A ")7 ")57 ")47 ")1 UV40 7 UV7 ")23 ")26 ")31 ")5 ")22UV40 1")2 ")28 ")12 ")4 ")34 ")14 ")22 UV35UV11 5 UV35 UV11 5 ")18 ")9 UV40 1")2 ")42 L A K E S C U G O G ")20 ")34 ")3 ")55 ")2 ")30 ")8 ")6 ")8 UV41 8 ")11 ")27 L A K E O N T A R I O LA K E O N T A R I O IN D E X SC H E D U L E ' B ' - M A P ' B 3 ' OA K R I D G E S M O R A I N E LA N D U S E LE G E N D OF F I C I A L P L A N O F T H E RE G I O N A L M U N I C I P A L I T Y OF D U R H A M ³ NA T U R A L C O R E A R E A NA T U R A L L I N K A G E A R E A CO U N T R Y S I D E A R E A HA M L E T SE T T L E M E N T A R E A PR I M E A G R I C U L T U R E OA K R I D G E S M O R A I N E C O N S E R V A T I O N P L A N A R E A B O U N D A R Y UR B A N A R E A LA N D S A P P E A L E D T O O M B , RE F E R T O P O L I C Y 1 4 . 1 3 . 7 . NO T E S : 1) T H I S M A P F O R M S P A R T O F T H E O F F I C I A L P L A N O F T H E R E G I O N A L M U N I C I P A L I T Y O F D U R H A M A N D M U S T B E RE A D I N C O N J U N C T I O N W I T H T H E T E X T . 2) O F F I C E C O N S O L I D A T I O N - M A Y 2 6 , 2 0 2 0 SO U R C E S : 1) O A K R I D G E S M O R A I N E : B O U N D A R Y , M I N I S T R Y O F M U N I C I P A L A F F A I R S & H O U S I N G , 2 0 0 2 , 1 : 1 0 0 , 0 0 0 . 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SOURCES: 1) OAK RIDGES MORAINE: BOUNDARY, MINISTRY OF MUNICIPAL AFFAIRS & HOUSING, 2002, 1:100,000. 2) NATURAL HERITAGE FEATURES: MINISTRY OF NATURAL RESOURCES, 1:10,000. 3) CONSERVATION AUTHORITIES. 4) GREENBELT PLAN: © QUEEN'S PRINTER FOR ONTARIO, 2005. REPRODUCED WITH PERMISSION. LANDS APPEALED TO OMB, REFER TO POLICY 14.13.7. Attachment #3 GREENBELT NATURAL HERITAGE SYSTEM Attachment #4 Attachment 5 Draft Regional Natural Heritage System – Source Data 1.Rural Area •Greenbelt NHS (MNRF, 2017) •Natural Core Areas and Natural Linkage Areas on the Oak Ridges Moraine (MNRF, 2017) 2.Urban Area and Whitebelt •Growth Plan NHS (MNRF, 2017) •Pickering – area municipal NHS (2018), conservation authority NHS (2018), environmental datasets, Seaton NHS and Carruthers Creek Watershed Plan Enhanced NHS (Existing NHS), 2021 •Ajax – area municipal NHS (2018), environmental datasets and Carruthers Creek Watershed Plan Enhanced NHS (Existing NHS), 2021 •Whitby – area municipal NHS (2020) and environmental datasets •Oshawa – area municipal NHS (2019) and environmental datasets •Clarington – area municipal NHS (2018) and environmental datasets •Uxbridge – area municipal NHS (2018), conservation authority NHS (2019) and environmental datasets •Scugog – area municipal EP zoning (2021) and environmental datasets •Brock – conservation authority NHS (2019) and environmental datasets 3.Environmental Datasets •Fish Habitat – CLOCA, 2019/LSRCA, 2018/TRCA, 2019/MNRF, 2019 •Areas of Natural and Scientific Interest – MNRF, 2019 •Sand Barrens, Savannahs, Tallgrass Prairies and Alvars – CLOCA, 2019/GRCA, 2013/KRCA, 2015/LSRCA, 2017/TRCA, 2018 •Permanent and Intermittent Streams – CLOCA, 2021/KRCA, 2018/LSRCA, 2016/TRCA, 2010 and 2018/MNRF, 2020 •Provincially Significant Wetland – MNRF, 2019 •Wetlands – CLOCA, 2019/GRCA, 2013/KRCA, 2015/LSRCA, 2017/TRCA, 2018 •Significant Woodlands – North South Environmental Inc., 2021 •Significant Valleylands – Matrix Solutions Inc., 2021 4.Enhancement Opportunity Areas •CLOCA, 2021, GRCA, 2018, KRCA, 2012, LSRCA, 2019, TRCA, 2021