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HomeMy WebLinkAboutPD 32-02 1'70 Ciú¡ (J~ REPORT TO COUNCIL FROM: Neil Carroll Director, Planning & Development DATE: June 28, 2002 REPORT NUMBER: PD 32-02 SUBJECT: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan RECOMMENDATION: 1. That Report Number PD 32-02 of the Director, Planning & Development regarding the Oak Ridges Moraine Conservation Act, 2001, and the Oak Ridges Moraine Conservation Plan, 2001, be received for information. ORIGIN: On April 22, 2002, the Province established the Oak Ridges Moraine Conservation Plan by Ontario Regulation 140102, under the authority of Bill 122, An Act to conserve the Oak Ridges Moraine by providingfor the Oak Ridges Moraine Conservation Plan, 2001. AUTHORITY: Oak Ridges Moraine Conservation Act, 2001 Oak Ridges Moraine Conservation Plan, 2001 Planning Act, R.S. O. 1990, Chapter P.13 FINANCIAL IMPLICATIONS: There are no direct financial implications to the City at this time. EXECUTIVE SUMMARY: On November 1, 2001, the Province introduced Bi11122, the An Act to conserve the Oak Ridges Moraine by providing for the Oak Ridges Moraine Conservation Plan (the Act). On November 1, 2001, the Province also introduced a Draft Oak Ridges Moraine Conservation Plan. The Act is the enabling legislation to establish the Oak Ridges Moraine Conservation Plan (the Plan) by regulation. The Act received Royal Assent on December 14, 2001. The Plan was established by the Province, by Ontario Regulation 140102, on April 22, 2002. Both the Act and the Plan are deemed to be in force and effect as of November 16, 2001. The Oak Ridges Moraine Conservation Plan is an ecologically based land use plan that would protect unique natural features and maintain water quality and quantity on the Oak Ridges Moraine (ORM). The Act requires Regional and Local municipalities to implement the Plan by: preparing and adopting amendments to Official Plans and Zoning By-laws to bring them into conformity with the Plan; preparing watershed plans, including water budget and conservation plans; identifying wellhead protection areas; and ensuring that any proposed development within the Oak Ridges Moraine Area conforms to the Act and the Plan. The Act also sets out other requirements pending new regulations, such as site alteration and tree-cutting by-laws. Report to Council PD 32-02 Date: June 28, 2002 1 71 Subject: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan Page 2 The purpose of Report Number PD 32-02, ofthe Director, Planning & Development is to provide an overview of the Oak Ridges Moraine Conservation Act (the Act) and the Oak Ridges Moraine Conservation Plan (the Plan) and to infonn Council of the requirements to implement the Plan at the local level. BACKGROUND: 1.0 Overview 1.1 Chronology of Events On May 17, 2001, the Province passed Bill 55, the Oak Ridges Moraine Protection Act, as part of the Province's Smart Growth strategy. The Oak Ridges Moraine Protection Act, placed a 6-month freeze on approvals of development applications within the Oak Ridges Moraine, effective until November 17,2001. During the summer of 2001, a Provincially appointed Advisory Panel consulted with various interest groups and agencies to reach a consensus on a strategy for protecting the Oak Ridges Moraine. The Panel then released a document entitled "Share Your Vision for the Oak Ridges Moraine", which provided a vision for the ORM, and recommendations regarding a strategy to protect the ORM, which formed the basis for the Oak Ridges Moraine Conservation Plan. On November 1, 2001, the Province introduced Bill 122, An Act to conserve the Oak Ridges Moraine by providing for the Oak Ridges Moraine Conservation Plan, more commonly referred to by its short title: Oak Ridges Moraine Conservation Act (the Act). On the same day, the Province also introduced a Draft Oak Ridges Moraine Conservation Plan, and initiated a 30-day consultation period. The Act received Royal Assent on December 14, 2001 and the Plan was filed as Ontario Regulation 140102 on April 22, 2002. Both the Act and the Plan were deemed to come into force on November 16,2001. 1.2 The Oak Ridges Moraine Conservation Act. 2001 The Oak Ridges Moraine Conservation Act, 2001 establishes a legislative framework for protecting the Moraine's ecological and hydrological features and functions. The Act is the enabling legislation to allow the Oak Ridges Moraine Conservation Plan to be established by regulation. It should be noted however, that the Minister also has the authority to revoke the Plan by regulation, subject to a public process. The Act requires that development applications made under the Planning Act and Condominium Act confonn to the Plan. The Act provides a process for prescribed Regional and Local Official Plan Amendments and Zoning By-law amendments to bring Official Plans and Zoning By-laws into confonnity with the Conservation Plan. The Act also provides a process for development applications considered to be 'in transition', and appeals to the OMB of decisions made prior to Oak Ridges Moraine Conservation Act coming into effect on November 16,2001. Some regulations required to implement the Plan are not yet in place. Further, the Province intends to introduce additional regulations regarding such requirements as site alteration by-laws and tree-cutting by-laws. 1.3 The Oak Ridges Moraine Conservation Plan The Oak Ridges Moraine Conservation Plan provides a land use policy framework for the long- term protection and management of the ecological and hydrological integrity of the Oak Ridges Moraine. The Plan consists of goals and objectives, permitted uses and prescribed provisions to ensure that any proposed development within the Oak Ridges Moraine Area, as identified on the Land Use Designation Map, conforms to the Plan (see Attachment #1). 172 Report to Council PD 32-02 Date: June 28, 2002 Subject: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan Page 3 The Plan divides the Oak Ridges Moraine Area into four land use designations: . Natural Core Areas, (38% of the Moraine), protect the greatest concentrations of key natural heritage features, critical to maintaining the integrity of the Moraine as a whole. . Natural Linkage Areas, (24% of the Moraine), protect critical natural and open space linkages between the Natural Core Areas and along rivers and streams. . Countryside Areas, (30% of the Moraine), protect prime agricultural areas and natural features, and provide an agricultural and rural transition and buffer between the Natural Core Areas and Natural Linkage Areas and the urbanized Settlement Areas. Rural Settlement Areas (existing hamlets or similar small, generally long established communities) are included within the Countryside Area land use designation; and . Settlement Areas, (8% of the Moraine), reflect a range of existing predominantly urban communities planned by municipalities. The Natural Core and Natural Linkage Areas are the most restrictive land use designations. The Countryside Area land use designation generally permits agricultural and rural land uses. With the exception of limited lot creation in Rural Settlement Areas (infilling and minor rounding- out), lot creation is restricted in the Natural Core Area, Natural Linkage Area and Countryside Area land use designations. No lands (within the City of Pickering) are designated as "Settlement Areas" in the Plan. Hamlets, such as Claremont, are recognized as Rural Settlement Areas within the "Countryside Area" land use designation. The Plan also introduces Key Natural Heritage Features, Hydrologically Sensitive Features, Areas of High Aquifer Vulnerability, and Landform Conservation Areas, as well as minimum Areas of Influence and minimum Vegetation Protection Zones for each of these features (see Attachment #2). In reviewing development applications located within the Oak Ridges Moraine, the Plan outlines specific planning, design and development restrictions and requirements that need to be met to protect the integrity ofthe features. 1.4 Roles And Responsibilities 1.4.1 Province of Ontario The Province's role is to implement the Plan within the existing land use planning policy framework of Municipal Plan Review and the One Window Provincial Planning Service, by: providing a legislative and policy framework; approving conformity amendments; and providing training and technical assistance. Only the Minister or prescribed person or public body under prescribed circumstances is able to amend the Plan. Regulations regarding amendments to the Plan have not been introduced. Further, the Act requires that the Province undertake a 10-year review of the Plan, which must include public consultation. Lands within the Natural Core Area and Natural Linkage Area cannot be removed through the 10-year review of the Plan. 1.4.2 Region of Durham The Region of Durham's role in implementing the Plan is to prepare and adopt Official Plan amendments to bring the Durham Region Official Plan into conformity with the Oak Ridges Moraine Conservation Plan. By April 22, 2003, the Region must: prepare and adopt conformity amendments; identify wellhead protection areas within Official Plan amendments; begin watershed plans for every stream originating within Durham Region; and prepare water budget and conservation planes). Report to Council PD 32-02 Date: June 28, 2002 173 Subject: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan Page 4 1.4.3 City of Pickering Local area municipalities are the key implementers of the Oak Ridges Moraine Conservation Plan. As a key implementer, the main role of the City of Pickering is to ensure decisions regarding Planning Act and Condominium Act applications conform to the Plan by applying the appropriate provisions of the Plan to the consideration of development applications. The City's role is also to: provide infonnation to the public, stakeholders and developers; to collect and share relevant data; and to monitor the effectiveness of the Plan through partnership with the Ministry, Region of Durham and other relevant agencies. The prescribed role oflocal area municipalities is: . To prepare and adopt an Official Plan amendment to implement the Plan, by October 22, 2003 (Section 9(2) of the Act); . To prepare and adopt a Zoning By-law amendment to bring its Zoning By-law(s) into conformity with the Plan, by October 22,2003 (Section 9(5) of the Act); . To prepare and adopt an Official Plan amendment that establishes wellhead protection areas for all existing and new wells, by October 22, 2003 (Section 42 of the Plan); . To prepare and adopt an Official Plan amendment that prohibits or restricts uses within a wellhead protection area that could adversely affect the quality or quantity of groundwater reaching a well, by April 23, 2007 (Section 42 ofthe Plan). The Act and the Plan will also require local area municipalities to: enter into a site plan agreement or other agreement as appropriate when a lot is created; prepare and pass tree-cutting and site alteration by-laws; and prepare comprehensive rehabilitation plans for aggregate sites, in cooperation with the aggregate industry. The Ministry has indicated that tree-cutting and site alteration by-laws are high priority items for which regulations may be passed in the next few months. Some lands in Pickering within the area affected by the Oak Ridges Moraine Conservation Plan are zoned by Minister's Zoning Order #1. Appropriate amendments(to the Order) will be required. 1.5 Development Review In order to ensure that development applications confonn to the Plan, City staff are required to review applications within the context of both the Oak Ridges Moraine Conservation Act, and the Oak Ridges Moraine Conservation Plan. In accordance with the Act, development located within the ORM can be categorized as one of three types of development applications, as follows: Type 1. Development applications that were submitted after, and approved after, November 17, 2001 ('must conform' under Section 15(1)); Type 2. Development applications that were submitted before, and approved after, November 17,2001 ('in transition' under Section 15(2)); and Type 3. Development applications that were submitted before, and approved before, November 17,2001 ('grandfathered' under Section 15(3)). City staff must apply the appropriate policies and provisions of the Plan during the review of a development application, based on the 'type' of application being consolidated. ' 174 Report to Council PD 32-02 Date: June 28, 2002 Subject: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan Page 5 For applications that are 'grandfathered' there may be additional requirements regarding conformity. These requirements could apply where further approvals under the Planning Act, Condominium Act or Oak Ridges Moraine Conservation Act are required, where approvals may have lapsed, and/or where new regulations are passed. The following development applications in the City of Pickering are affected by the legislation and will be reviewed within the context of the relevant provisions and policies of the Act and the Plan: City of Pickering Development Applications Mfected by the Oak Ridges Moraine Conservation Act & the Oak Ridges Moraine Conservation Act Plan Applicant File Number(s) Purpose of Application Type M. Carson OPA 97-01O/D, OPA97-004/P, To permit a Golf Course / Inn 2 (Westwind) A 24/96 City of Pickering OPA 97-007/D To recognize the HallÙet of Altona 2 Toko Investments 18T-90016 To permit a 27 unit subdivision 2 A 9/90 Claremont Estates S-P-2000-02 To permit a 19 unit subdivision 2 A 27/01 Claremont Estates 18T-87082, OPA 87-083/D, To permit a 16 unit subdivision 3 A 68/87 Winterstein A 6/01 To permit 5 residential units 2 Daniel Barkey A 12/93 To permit Auction sales 2 James Skentzos OPA 95-013/D To permit a gas station 2 A 32/92, S 18/92 Howard Burton Not assigned at date of writing To permit employment uses in the 1 this report HallÙet of Claremont The Oak Ridges Moraine Conservation Plan has been deemed to be in effect as of November 16, 2001. Therefore, City staff are required to ensure that any proposed development within the Oak Ridges Moraine Area conforms to the Plan, even prior to prescribed amendments to the City of Pickering Official Plan and Zoning By-law being adopted. In case of conflict with an Official Plan, Zoning By-law and/or Provincial policieslActs, the Oak Ridges Moraine Conservation Plan prevails. The Plan also contains specific provisions regarding single dwellings on existing lots of record, as well as provisions for existing and previously authorized uses. For example, a building permit may be issued for an existing lot of record if the zoning would have permitted a single dwelling before November 15, 2001 and if the applicant can demonstrate to the extent possible, that there is no adverse affect on ecological integrity. Further, the Plan contains provisions for the continuation of legal non-conforming uses, and expansion of existing non-conforming buildings where there is no adverse effect. 2.0 Discussion: 2.1 Official Plan and Zoning By-law Conformity Amendments The City of Pickering is required by legislation and regulation to implement the Plan at the local municipal level, by preparing and adopting conformity amendments to Official Plans and Zoning By-laws and other requirements pending future regulations. However, amendments cannot be adopted by Pickering Council until the Region adopts amendments to the Durham Region Official Plan. Additional time is allowed for local area municipalities to adopt conformity amendments. For example, where the Region of Durham. must prepare and adopt amendments by April 22, 2003, the City of Pickering must prepare and adopt amendments by October 22, 2003. Report to Council PD 32-02 Date: June 28, 2002 1 75 Subject: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan Page 6 City staff are working with Ministry, Regional, local Municipal staff and other relevant agencies to develop a coordinated approach to implement the Plan. The Act provides for extensions to the deadline for adopting conformity amendments. Should staff identify that an extension will be required, staff will report to Council recommending that Pickering Council pass a resolution to request an extension from the Minister. If conformity amendments are adopted by the deadlines required by the Act, then the amendments are approved by the Minister and not subject to appeal. However, if conformity amendments are not adopted by the deadline required by the Act, and if an extension has not been granted, then they are subject to normal Planning Act requirements, and may be subject to appeal(s). The Plan allows conformity amendments to further define the boundaries of the four land use designations with greater precision than the Ministry's mapping can provide at its current scale. For example, through the conformity amendment process, the boundary of Rural Settlement Areas such as Claremont, can be more precisely delineated at the local level in a manner consistent with the Plan's Land Use Designation map. However, the Plan does not permit the outer boundary of the Oak Ridges Moraine Area to be modified. Delays in receiving technical information or mapping from the Ministry may cause delays in preparing and adopting conformity amendments. The Plan does not permit Regional and local Official Plan policies regarding agricultural uses, mineral aggregate operations and wayside pits to be more restrictive than those of the Plan. However, nothing in the Plan is intended to prevent Official Plan policies and Zoning By-law provisions that are more restrictive than the policies of the Plan, for uses other than the three uses listed above. The Province encourages municipalities to develop additional policies for the ORM that support, complement, or exceed the policies of the Plan, except for agricultural uses, mineral aggregate operations and wayside pits. The Minister of Municipal Affairs and Housing (the Minister) is the approval authority for conformity amendments. The Minister's decision is final and not subject to appeal. Further, the Minister maintains the ability to make a zoning order under the Planning Act, which would supercede any Zoning By-law conformity amendments initiated by local municipalities. 2.2 Future Financial hnplications The City of Pickering's involvement in implementing the Plan is required by Provincial Legislation and Ontario Regulation. Therefore, implementation of the Plan will pose future financial implications for the City of Pickering. Any costs associated with implementing the Plan should be identified and included in future annual budgets pending full implementation of the Plan. Examples of possible costs include hiring of consultant( s) to undertake work necessary to implement the plan and subsequent on-going monitoring. The Province has not yet indicated whether financial support will be provided to municipalities to assist in the implementation of the Plan. However, Section 6 of the Act does allow for cost-sharing agreements regarding implementation of the Plan. Pending future regulations being introduced, and pending implementation of the Plan, associated costs are currently unknown. 3.0 Conclusions: The Oak Ridges Moraine Conservation Plan has been deemed to be in effect as of November 16,2001. Therefore, City staff, with the assistance of the Province, Region and relevant agencies as required, are ensuring that any proposed development within the Oak Ridges Moraine Area conforms to the Plan. Planning & Development staff are actively participating in the Ministry's ongoing training sessions for the Oak Ridges Moraine Conservation Plan. 176 Report to Council PD 32-02 Date: June 28, 2002 Subject: Oak Ridges Moraine Conservation Act & Oak Ridges Moraine Conservation Plan Page 7 City staff are working with Ministry, Regional, local Municipal staff and other relevant agencies to develop a coordinated approach to implement the Plan in accordance with statutory requirements. Planning & Development staff will continue to update Council on any further information provided by the Province and any further work undertaken by staff. Accordingly, Planning & Development staff recommend that Report Number PD 32-02 be received for information. ATTACHMENTS: 1. Oak Ridges Moraine Conservation Plan - Land Use Designation Map 2. Excerpt from the Oak Ridges Moraine Conservation Plan Prepared By: Approved I Endorsed By: 4!6Zß E W. Belsey Planner IT Neil Carroll, MCIP, RPP Director, Planning & Development ~J¡L Catherine L. Rose Manager, Policy EB/CRltd Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council ~ ~ ,/ ~ ~ ~ ~ I~ ~ "jfI ,.",~ . . ~ . I- TKomas J. Qmn'K, ChlM AdmmlsttàLì~.~ fficer ~~ ~ l~ fTACHMENT II. 1. TO REPORT II PD. 32.-02 Oak Ridges Moraine "----\ Conservation plan Land Use ,Designation Map / ---" Map 5 - TownShiP. 0..1U. Xb..~...idgeJ ~/~.\... 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Coo"'o ~ Ap,il17,2002 , , , ') ATTACHMENT'?- TO REPORT' PD '~2 - O~ - EXCERPT FROM 177 THE OAK RIDGES MORAINE CONSERVATION PLAN -.. ---_.-.. -- _._-~_.- --.--.---.-.---------.---___._.n...___--...-----...-.-_..._-_._--_._--_.~- ------.-------------.---..-.--..--.---.-- _._. -------.-- 42 TABLE KEY NATURAL HERITAGE FEATURES, HYDROLOGICALLY SENSITIVE FEATURES AND AREAS OF NATURAL AND SCIENTIFIC INTEREST (EARTH SCIENCE): MINIMUM AREAS OF INFLUENCE AND MINIMUM VEGETATION PROTECTION ZONES Column 1 Column 2 Colmnn 3 Item Feature Minimum Area of Influence (21) I. Wetlands All land within 120 metres of any part offeature 2. Significant portions of Alltand within 120 metres of any part habitat of endangered, rare of feature and threatened species 3. Fish habitat AlUand wiWn 120 metres of any part of feature 4. Areas of natural and All land wiWn 120 metres of any part scientific interest Oife of feature science} 5. Areas of natural and All land within 50 metres of any part scientific interest (earth of featUre . science) - 6. Significant valleylands All land wiWn 120 metres ofstable top ofbank: 7. Significant woodlands All land wiWn 120 metres of any part of feature 8. Significant wildlife habitat AlI1and within 120 metres of any part of feature 9. Sand barrens, savannahs and All land within 120 metres of any part tallgrass prairies of feature 10. Kettle lakes All land within 120 metres of the surface catchment area II. Permanent and intennittent All land within 120 metres of streams meander belt 12. Seepage areas and springs All land wiWn 120 metres of any part of feature Column 4 - Minimum Vegetation Protection Zone (21,23, 26 (4), 30 (12)} All land within 30 metres of any part of feature, subject to clause 23 (d) if a natural heritage evaluation is required As determined by a natural heritage evaluation carried out under section 23 All land within 30 metres of any part of feature; subject to clause 23 (I) (d) if a natural heritage evaluation is required As determined by a natural heritage evaluation carried out under section 23 As detennined by an earth science heritage eValuation carried out under subsection 30 (12) . All land within 30 metres of stable top of bank, subject to clause 23 (I) (d) if a natural heritage evaluation is reqUired All land within 30 metres of the base of outennost tree trunks within the woodland, subject to clause 23 (I) (d) if a natural heritage evaluation is required As determined by a natural heritage evaluation carried out under section 23 AU land within 30 metres of any part of feature, subject to clause 23 (l) (d) if a natural heritage evaluation is required All land within the surface catchment area or within 30 metres of any part of feature, whichever is greater, subject to clause 26 (4) (c) if a hydrological evaluation is required All land within 30 metres of meander. belt, subject to clause 26 (4) (c) and subsection 26 (5) if a hydrological evaluation is required All land within 30 metres of any part of feature, subject to clause 26 (4) (c) and subsection 26 (5) if a hydrological evaluation is required