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HomeMy WebLinkAboutPD 55-02 Ciú¡ ()~ REPORT TO THE PLANNING COMMITTEE 06i Report Number: PO 55-02 Date: November 26, 2002 From: Neil Carroll Director, Planning & Development Subject: Proposed Amendments to the Durham Region Official Plan to establish Conformity with the Oak Ridges Moraine Conservation Plan (ORMCP) Recommendation: 1. That Council RECEIVE for information Report Number PO 55-02, respecting proposed amendments to the Durham Region Official Plan to implement the Oak Ridges Moraine Conservation Plan (ORMCP); 2. That Council ENDORSE Report Number PO 55-02, supporting, in principle, the proposed amendments to the Durham Region Official Plan to implement the ORMCP, provided the Proposed Amendments are revised to: . recognize existing uses; . reconcile inconsistencies regarding existing uses; . allow lower-tier municipalities to refine all land use designations, consistent with the ORMCP; . allow "Low-Intensity Recreational Uses" without requiring a Regional Official Plan Amendment; . identify prime agricultural lands; . provide further information and clarification regarding data management and monitoring of the Oak Ridges Moraine and ORMCP; and . recognize Altona as a Hamlet I Rural Settlement; 3. That Council REQUEST that the Minister of Municipal Affairs and Housing amend the Oak Ridges Moraine Conservation Plan to: (i) allow lower-tier municipal Official Plans and/or Zoning By-laws to recognize existing uses that have received Planning Act approvals prior to November 15, 2001; and (ii) recognize Altona as a "Rural Settlement" on the "Oak Ridges Moraine Conservation Plan land Use Designation Map", numbered 208, dated April 17,2002; 4. That Council RECOMMEND that the Region of Durham request that the Minister of Municipal Affairs and Housing amend the Oak Ridges Moraine Conservation Plan as outlined in Recommendation #3 to Report PO 55-02; Report PD 55-02 November 26, 2002 f) 6 - ,¿ S b. t u Jec: Proposed Amendments to the Durham Region Official Plan Oak Ridges Moraine Conservation Plan Page 2 5. That Council REQUEST that the Region of Durham provide lower-tier municipalities an opportunity to comment on any future revisions to the proposed amendments to the Durham Region Official Plan to implement the Oak Ridges Moraine Conservation Plan (ORMCP) prior to adoption by Regional Council; and 6. That the City Clerk FORWARD a copy of Report Number PD 55-02 to: Minister of Municipal Affairs & Housing; Clerk, Region of Durham; and Clerks of lower-tier Municipalities in Durham Region. Executive Summary: Although there are a number of matters which require further clarification and/or revision by the Region, Pickering Planning & Development staff, support in principle, the proposed amendments to the Regional Official Plan (ROP) to implement the Oak Ridges Moraine Conservation Plan (ORMCP), subject to the comments contained in this report. Specifically, Pickering Planning & Development staff request that Proposed Amendment 'A' be revised to: . allow lower-tier municipal Official Plans and/or Zoning By-laws to recognize existing uses within the Oak Ridges Moraine that received Planning Act approvals prior to November 15, 2001; . reconcile the inconsistencies regarding existing uses in the Oak Ridges Moraine; . allow lower-tier municipalities to refine all land use designations in the Oak Ridges Moraine, consistent with the ORMCP, without requiring a Regional Official Plan Amendment; . allow "Low-Intensity Recreational Uses" in the Oak Ridges Moraine without requiring a Regional Official Plan Amendment; . identify prime agricultural lands in the Oak Ridges Moraine; . provide further information and clarification regarding data management and monitoring of the Oak Ridges Moraine and ORMCP; . resolve Deferral 34 to the Pickering Official Plan by designating Altona as a "Hamlet" on Regional Official Plan Map 'A' and as a "Rural Settlement" on proposed Regional Official Plan Map 'D'; and . provide lower-tier municipalities an opportunity to comment on any future revisions to the proposed amendments to the Durham Region Official Plan to implement the ORMCP prior to adoption by Regional Council; Further, Pickering Council and the Region of Durham should request that the Minister of Municipal Affairs and Housing amend "Oak Ridges Moraine Conservation Plan Land Use Designation Map", numbered 208, dated April 17, 2002, to designate Altona as a "Rural Settlement" and amend the ORMCP to allow lower-tier municipal Official Plans andlor Zoning By-laws to recognize existing uses within the Oak Ridges Moraine that received Planning Act approvals prior to November 15, 2001. Report PD 55-02 November 26, 2002 063 Subject: Proposed Amendments to the Durham Region Official Plan Oak Ridges Moraine Conservation Plan Page 3 The concerns outlined in this Report should be addressed by Durham Region, prior to the proposed amendments being adopted by Regional Council. Financial Implications: Not Applicable. BackQround: On December 14, 2001, Bill 122, the Oak Ridges Moraine Conservation Act (ORMCA) received Royal Assent. On April 22, 2002, the Province released the corresponding Oak Ridges Moraine Conservation Plan (ORMCP) as Ontario Regulation 140102. Both the ORMCA and the ORMCP were in effect as of November 16, 2001. The ORMCA and the ORMCP provide planning direction for protecting the ecological and hydrological features and functions of the Oak Ridges Moraine. All Planning Act and Condominium Act applications must conform to the ORMCP. The ORMCP supersedes existing Official Plans and Zoning By-laws. The Oak Ridges Moraine Conservation Act requires all Regional Municipalities and lower-tier municipalities to adopt Official Plan Amendments and/or Zoning By-law Amendments to implement the Oak Ridges Moraine Conservation Plan. The ORMCA requires Regional municipalities to adopt amendments to their Official Plans by April 22, 2003, to bring their Official Plans into conformity with the ORMCP. The ORMCA also requires lower-tier municipalities to adopt amendments to their Official Plans and Zoning By-laws by October 22, 2003. Amendments to lower-tier Official Plans and Zoning By-laws must conform to the Durham Region Official Plan. The Minister of Municipal Affairs and Housing is the final approval authority for 'conformity amendments', if adopted by the legislated deadline. Although the ORCMA allows for extensions to the deadline, any amendments adopted after October 22, 2003, could be subject to appeal under the normal Planning Act process, unless an extension is granted. On September 25, 2002, the Durham Region Planning Department formally circulated the proposed amendments to the Durham Region Official Plan, to the City of Pickering for comments. A Statutory Public Meeting under the Planning Act, regarding the Region's proposed amendments, was held on October 29, 2002. The Pickering Planning & Development Department has advised the Region by letter that a Report to Council regarding the proposed amendments would be prepared by City of Pickering Planning & Development staff and would be brought forward for Council's endorsement. The Region's proposed amendments implement the policies and land use designations of the Oak Ridges Moraine Conservation Plan and the legislated Oak Ridges Moraine boundary. 064 Report PD 55-02 November 26, 2002 Subject: Proposed Amendments to the Durham Region Official Plan Oak Ridges Moraine Conservation Plan Page 4 For consistency in implementing the ORMCP, Durham Region staff prepared their proposed amendments in partnership with Peel Region and York Region. Durham Region's proposed amendments consist of two parts as outlined in Table 1. Table 1 : Proposed Amendments to Durham Region Official Plan to implement the Oak Ridges Moraine Conservation Plan Proposed Amendment A Proposed Amendment B (see Attachment #1) (see Attachment #2) Purpose . add policies (text) to implement . change land use designations the ORMCP (map), as a result of the . add land use designations legislated Oak Ridges Moraine (map) to implement the ORMCP boundary . to be read in conjunction with the ORMCP Location . all lands in Durham Region . all lands in Durham Region located within the legislated Oak located outside of the legislated Ridges Moraine boundary Oak Ridges Moraine boundary that are currently designated ORM Legislation Oak Ridges Moraine Conservation Planning Act Act (ORMCA); and Planning Act in part Approval Minister, Municipal Affairs & Durham Region Council Authority Housing, if adopted by Regional Council by April 22, 2003 Ontario Municipal Not subject to OMS appeal, if May be subject to OMS appeal Board (OMB) adopted by Regional Council by Appeals April 22, 2003 Discussion: In principle, Pickering Planning & Development staff support the proposed amendments to the Durham Region Official Plan to implement the ORMCP. However, City staff have specific concerns regarding the ORMCP and the Region's proposed amendments, that should be addressed by the Region prior to adoption by Regional Council. The City of Pickering also requests that the City be provided further opportunity to comment on any future revisions to the proposed amendments prior to adoption. Attachment #3 to Report Number PD 55-02 outlines suggested revisions to the proposed amendments. Proposed Amendment lA' should be revised to allow lower-tier municipal Official Plans and Zoning By-laws to recognize existing uses within the Oak Ridges Moraine that received Planning Act approvals prior to November 15, 2001. Report PD 55-02 November 26, 2002 U 6 5 Subject: Proposed Amendments to the Durham Region Official Plan Oak Ridges Moraine Conservation Plan Page 5 Existing Regional Official Plan policy allows local municipalities to zone to permit the continuation, expansion or enlargement of legally existing uses. However, Proposed Amendment 'A' states that continuation, expansion or enlargement of existing uses, or variations to similar uses, must also conform to the ORMCP where applicable. Ministry of Municipal Affairs and Housing staff have verbally advised that Regional and lower-tier municipalities cannot designate or zone to recognize uses that would no longer be permitted by the land use designations of the ORMCP. Although the ORMCP contains policies regarding existing uses, it appears to be silent on whether lower-tier municipalities can designate or zone to permit them, and it also appears to be too restrictive for existing uses. It is unclear whether the Region's proposed amendment or the ORMCP would allow lower-tier municipalities to designate or zone to recognize existing uses that would no longer be permitted by the ORMCP, City staff believe that uses, building and/or structures that were granted Planning Act approvals prior to November 15, 2001, should be permitted to be recognized through Official Plan designation and/or Zoning By-law provisions. Further clarification regarding whether existing uses can be recognized through Official Plan and/or Zoning By- laws is required from the Region and the Province, prior to adoption of the proposed amendments by Regional Council. Proposed Amendment 'A' should be revised to reconcile the inconsistencies regarding existing uses in the Oak Ridges Moraine. Proposed Amendment 'A' states that country residential subdivisions are not permitted in the Oak Ridges Moraine. However, existing country residential subdivisions in the Oak Ridges Moraine are included on Map 'A' and Schedule 5 to the Durham Region Official Plan. Further, Proposed Amendment 'A' states that "major recreational uses" such as golf courses would only be permitted within the "Countryside Area" land use designation of the Oak Ridges Moraine. However, an existing golf course in the Oak Ridges Moraine is included as an exception to the Major Open Space policies in the Regional Official Plan. Where existing uses are recognized in the maps, text, andlor schedules of the Regional Official Plan, then a formal planning status is assigned to them. If existing uses can be recognized through Official Plan designation andlor zoning, then golf courses, country residential subdivisions, and more importantly, any other use, building or structure that received Planning Act approval(s) prior to November 15, 2001, should also be recognized in the text, maps andlor schedules. Report PO 55-02 OR6 November 26, 2002 Subject: Proposed Amendments to the Durham Region Official Plan Oak Ridges Moraine Conservation Plan Page 6 Proposed Amendment 'A' should be revised to allow lower-tier Official Plans to refine all land use designations in the Oak Ridges Moraine, consistent with the ORMCP, without requiring a Regional Official Plan Amendment. The Region's Proposed Amendment 'A' states that the boundaries of "Rural Settlements", including areas for minor rounding-out, may be further refined in area municipal official plans. However, it is not clear whether refinement of all land use designations boundaries (Le. "Natural Core Areas", "Natural Linkage Areas", and "Countryside Areas") would also be permitted through the lower-tier conformity exercise. The ORMCP states that when official plans and zoning by-laws are amended in accordance with the ORMCA, to bring them into conformity with the ORMCP, all land use designation boundaries may be further defined, consistent with the ORMCP map, but with greater precision than the map can show, without requiring an amendment to the ORMCP. However, the ORMCP does not allow the outer boundary of the Oak Ridges Moraine to be changed. Proposed Amendment 'A' should clearly allow for refinement of all land use designations in the Oak Ridges Moraine, through the conformity exercise at the local level (not just "Rural Settlements"), without requiring an amendment to the Regional Official Plan. City staff request that revisions be made to the proposed amendment and/or further clarification regarding 'refinement' be provided by the . Region, prior to adoption of the proposed amendment. Proposed Amendment 'A' should be revised to allow "Low-Intensity Recreational Uses" in the Oak Ridges Moraine without requiring an amendment to the Durham Region Official Plan. Proposed Amendment 'A' states recreational uses within the Oak Ridges Moraine shall be considered by amendment to the Durham Region Official Plan and must conform to the ORMCP. The ORMCP contains policies that differentiate between "Low-intensity Recreational Uses" and "Major Recreational Uses". "Low-intensity Recreational Uses" have minimal impact on the natural environment; include such uses as non-motorized trails, natural heritage appreciation and unserviced camping; and are permitted in any land use designation in the Oak Ridges Moraine. "Major Recreational Uses" require large-scale modification of terrain, vegetation or both; include such uses as golf courses, ski hills, serviced playing fields and serviced campgrounds; and are only permitted in the "Countryside Area" land use designation in the Oak Ridges Moraine. Report PD 55-02 November 26, 2002 0 6 ~l Subject: Proposed Amendments to the Durham Region Official Plan Page 7 Oak Ridges Moraine Conservation Plan Proposed Amendment 'A' would require a Regional Official Plan Amendment to permit "Low-intensity Recreational Uses" even though they are permitted in any land use designation in the Oak Ridges Moraine. For example, under the proposed amendment, establishing a recreational trail on the Oak Ridges Moraine, as required by the ORMCP, would require a Regional Official Plan Amendment. Therefore, the proposed amendment should be revised to only require amendments for "Major Recreational Uses", consistent with the ORMCP. Proposed Amendment 'A' should be revised to identify prime agricultural lands within the Oak Ridges Moraine. The existing Regional Official Plan differentiates between prime and general agricultural lands. However, Proposed Amendment 'A' does not appear to differentiate between prime or general agricultural lands located within the Oak Ridges Moraine. The ORMCP states prime agricultural lands must be identified in the relevant Official Plans because the ORMCP is more restrictive regarding permitted uses on prime agricultural lands. For example, the ORMCP states that "small scale commercial, industrial and institutional uses", and "major recreational uses" are not permitted on prime agricultural lands. If Proposed Amendment 'A' does not identify prime agricultural areas, then neither the Proposed Amendment, nor subsequent lower-tier 'conformity amendments' would implement the ORMCP. Therefore, the proposed amendments should be revised to identify prime agricultural lands. The Region and the Province should provide further information and clarification regarding data management and monitoring of the Oak Ridges Moraine and ORMCP, prior to adoption of the Proposed Amendment 'A' by Regional Council. Proposed Amendment 'A' states that the Region, in cooperation with the Province and other stakeholders shall participate in the development of data management systems and monitoring programs for the Oak Ridges Moraine and ORMCP. The development of indicators, data management and monitoring programs for the Oak Ridges Moraine and ORMCP do not form part of the regulation that establishes the ORMCP. Report PD 55-02 November 26, 2002 068 Subject: Proposed Amendments to the Durham Region Official Plan Oak Ridges Moraine Conservation Plan Page 8 As the majority of implementation of the ORMCP is at the local level, it follows that the majority of data collection would be required at the local level. However, it is unclear how this policy will be implemented and unclear what the implications are for lower-tier municipalities (Le. additional staff time, resources, funding, technologies). Although City staff support the initiative, it is not required by regulation. Therefore, further clarification and information regarding data management and monitoring is required from the Province and the Region before adopting it as Regional Official Plan policy. The Region should resolve Deferral 34 to the Pickering Official Plan by revising Proposed Amendment 'A' to designate Altona as a "Hamlet" on Regional Official Plan Map 'A' and as a "Rural Settlement" on proposed Regional Official Plan Map 'D'. The Region should request that the Minister of Municipal Affairs and Housing amend "Oak Ridges Moraine Conservation Plan Land Use Designation Map", numbered 208, dated Apri/17, 2002, to designate Altona as a "Rural Settlement". Altona is not currently recognized as a "Hamlet" in the existing Durham Region Official Plan, nor would it be recognized as a "Hamlet" by the proposed amendments. Altona is also not recognized as a "Rural Settlement" on the land use designation map of the ORMCP. Pickering Council, through resolution, has recognized Altona as a "Rural Settlement" in the City of Pickering Official Plan, subject to resolution of Deferral 34. Altona should be recognized as a "Rural Settlement" in the ORMCP and as a "Hamlet" in the Regional Official Plan, to permit appropriate land uses (Le. small scale non-residential land uses) and greater development opportunities (Le. lot creation, minor rounding-out). Further, recognizing Altona as a hamlet provides future planning opportunities for any lands in Altona, that have been identified as 'green space' lands, surplus to land needs for a regional reliever airport. Conclusion: In principle, Planning & Development staff support the proposed amendments to the Regional Official Plan to implement the ORMCP. However, the Region should revise the proposed amendments to address the concerns outlined above. The Region's proposed amendments have implications for the 'conformity amendment' exercise at the local level. Therefore, the Region should provide lower-tier municipalities the opportunity to comment further on any future revisions to the proposed amendments, prior to adoption by Regional Council. Report PD 55-02 November 26, 2002 P 9069 Subject: Proposed Amendments to the Durham Region Official Plan age Oak Ridges Moraine Conservation Plan Financial implications regarding implementation of the ORMCP are currently unknown. However, Pickering Planning and Development staff continue to work closely with Provincial, Regional and lower-tier municipal staff regarding the 'conformity amendment' exercise and will report to Council periodically regarding progress. ATTACHMENTS: 1. Durham Region's Proposed Official Plan Amendment A 2. Durham Region's Proposed Official Plan Amendment B 3. City of Pickering's Suggested Revisions to Proposed Amendments , ey Planner II ~~ Catherine Rose Manager, Policy EB:jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council " O~¡O ATTACHMENT 1 TO REPORT NO. PD 55-02 PROPOSED REGIONAL OFFICIAL PLAN AMENDMENT A: OAK RIDGES MORAINE CONSERVATION PLAN ATTACHMENT 1-1- TO REPORT # PO 5 ç' - 0 .;1... Attachment 1 fr71 Proposed Regional Official Plan Amendment A: Oak Ridges Moraine Conservation Plan Purpose: The purpose of this amendment is to integrate the main principles of the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140102) into the Durham Regional Official Plan (ROP) in order to bring the ROP into conformity with' the Oak Ridges Moraine Conservation Plan as required by the Province. Location: Any and aI/lands located in the Region of Durham which are subject to the Oak Ridges Moraine Conservation Plan as indicated on Exhibit A to this Amendment. Basis: On December 14, 2001 the Oak Ridges Moraine Conservation Act, 2001 received Royal Assent and was deemed to have come into force on November 16, 2001. The legislation provides for the establishment of the Oak Ridges Moraine Conservation Plan by regulation. On April 22, 2002, Ontario Regulation 140102 - Oak Ridges Moraine Conservation Plan, was released and deemed to come into effect on November 16, 2001. The Oak Ridges Moraine is one of Ontario's most significant landforms. It has a unique concentration of environmental, geological and hydrological features including: . Clean and abundant water resources; . Healthy and diverse plant and animal habitat; . An attractive and distinct landscape; . Prime agricultural areas; and . Sand and gravel resources close to market. The Oak Ridges Moraine Conservation Plan builds on years of effort by provincial ministries, the Regions of Durham, Peel and York (Tri-Regional Oak Ridges Moraine Strategy), the Conservation Coalition, Moraine-area municipalities and key stakeholders, to provide clarity and certainty about the long-term protection and management of this vital natural resource. Through the Oak Ridges Moraine Conservation Act, 2001 and the accompanying çonservation Plan, the Province of Ontario has set a policy framework for protecting the Oak Ridges Mdraine. Municipal planning decisions are required to conform with the Oak Ridges Moraine Conservation Plan, which takes precedence over municipal official plans, However, the Region of Durham and its area municipalities may, where the Plan 1 0'7;; ~TT^r'U~"'IT # fro' 1',' >;.J'1<:,':"" -- - r:EPURI tI PO ,c.; 5 - 0 ;;.. .---... permits, adopt official plan policies and zoning by-law provisions that are more restrictive than the Oak Ridges Moraine Conservation Plan. The boundary of the Oak Ridges Moraine has been identified by the Province and is based on a number of topographical, geomorphological and geological attributes. This Regional Official Plan Amendment adds this boundary to Map 'A' - Regional Structure, and designates all lands within the boundary as Oak Ridges Moraine (refer to Exhibits 81 to 84 of the actual amendment). Land currently designated as Oak Ridges Moraine in the ROP, but which lie outside of the new boundary, are redesignated in a separate accompanying amendment. This amendment also adds a new map to the ROP, Map '0' - Oak Ridges Moraine Land Use (refer to Exhibits C1 .to C4 of the actual amendment). This map, which designates the land use category for the Oak Ridges Moraine, is based on the land use categories established by the Province in the Oak Ridges Moraine Conservation Plan. Together with existing ROP policies, the policies of the Oak Ridges Moraine Conservation Plan shall govern development in the Oak Ridges Moraine. This amendment changes existing ROP policies by including references to the Oak Ridges Moraine Conservation Act and Plan, as these policies take precedence over the Rap policies, except where the Rap policies are more restrictive. In addition, this amendment adds a new subsection to the Major Open Space Section of the ROP to specifically address the provisions of the Oak Ridges Moraine Conservation Plan. The Oak Ridges Moraine Conservation Plan provides definitions for terminology used throughout the Conservation Plan. For consistency in the interpretation of terminology that applies to the Oak Ridges Moraine area and distinguish from terms used elsewhere in the ROP these terms have been italicized and readers are directed to the Oak Ridges Moraine Conservation Plan for the definition. Actual Amendment: The Durham Regional Official Plan is hereby amended by: 1) Adding to Section 5.2.1 the following sentence: "In addition, within the Oak Ridges Moraine, such uses shall only be permitted as provided by thè Oak Ridges Moraine Conservation Plan.", after the words "General Agricultural Area"; 2) Adding to the end of Section 5.3.5 the following sentence: "In addition, within the Oak Ridges Moraine, the establishment of cemeteries shall only be permitted as provided by the Oak Ridges Moraine Conservation Plan."; 3) Adding to the end of Section 5.3.25 the following sentence: "In addition, within the Oak Ridges Moraine, such uses shall only be permitted as provided by the Oak Ridges Moraine Conservation Plan."; 2 Lrf.t('H~.fEnIT # / TO "'¡"I\_- r;C'URT # PO ;, S - C> :;l.. 0'73 4) Adding to the end of Section 13.3.2 the following sentence: "In addition, the boundaries of hamlets located in the Oak Ridges Moraine, and the permitted uses, shall be in accordance with the Oak Ridges Moraine Conservation Plan."; 5) Adding to Section 13.3.14 the following sentence: "However, clusters are not permitted in the Oak Ridges Moraine." after the words "zoning by-Jaw"; 6) Adding to Section 13.3.15 the following sentence: "However, such uses are not permitted in the Oak Ridges Moraine."after the words "is minimal"; 7) Adding to Section 13.3.19 the following: "or within the Oak Ridges Moraine" after the words "Permanent Agricultural Reserve"; . 8) Adding to Section 13.3.29 the following: "or within the Oak Ridges Moraine" after the words "Permanent Agricultural Reserve"; 9) Deleting section 14.1.4 and replacing with the following: "14.1.4 To protect the unique ecological and hydrological features and functions of the Oak Ridges Moraine in perpetuity." 1 0) Deleting Section 14.3.4 and renumbering subsequent Sections accordingly; 11) Deleting Section 14.3.5 and renumbering subsequent Sections accordingly; 12) Deleting Section 14.3.6 and renumbering subsequent Sections accordingly; 13) Adding at the end of Section 14,3.22, formerly Section 14.3.25, the following: "and where applicable, conform with the Oak Ridges Moraine Conservation Plan"; 14) Adding a new subsection 14.4 as follows: "14.4 OAK RIDGES MORAINE 14.4.1 The Oak Ridges Moraine Conservation Act, and the accompanying Conservation Plan provides land use and resource management planning direction for protecting the Oak Ridges Moraine's ecological and hydrological features and functions. Regional Council is committed to the implementation of the Oak Ridges Moraine Conservation Plan. The major provisions of the Oak Ridges Moraine COnservation Plan have been incorporated into this Plan. These policies must be read in conjunction with the detailed provisions of the Oak Ridges Moraine Conservation Plan and other relevant provisions 3 074 14.4.2 14.4.3 ATT ACHME~IT # _J - TO REPJRT # PO 5 S" - D ~* --~ of this Plan. Specific terms that are defined in the Oak Ridges Moraine Conservation Plan contained in the policies of this Plan are italicized. The Oak Ridges Moraine is designated on Map 'A' - Regional Structure. The boundary coincides with the boundary defined in the Oak Ridges Moraine Conservation Plan. Map 'A' also designates Hamlets, Regional Nodes, Rural Employment Areas, Resource Extraction Areas, Country Residential Subdivisions and approved Urban Areas located within the Oak Ridges Moraine. The provisions of the Oak Ridges Moraine Conservation Plan shall apply to all of these lands. Within the Oak Ridges Moraine, only applications for development and site alteration that conform with the Oak Ridges Moraine Conservation Plan will be considered. The following land use categories as shown on Map '0' - Oak Ridges Moraine Land Use govern the use of land within the Oak Ridges Moraine: a) Natural Core Areas are areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conseNation areas and are critical to maintaining and improving the integrity of the Moraine as a whole. Existing uses are permitted. New permitted uses are very limited and related to conservation and resource management, low intensity recreation, agriculture and transporlation, infrastructure and utilities provided they meet the tests for maintenance, restoration or enhancement of ecological and hydrological integrity and specific policies contained in the Oak Ridges Moraine Conservation Plan. b) Natural Linkage Areas are areas forming part of a central corridor system that support or have the potential to support movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors. Existing uses are permitted. Limited new uses consistent with those permitted in the Natural Core Area designation as well as mineral aggregate operations and wayside pits are also permitted subject to meeting the requirements of the Oak Ridges Moraine Conservation Plan. c) Countryside Areas are areas of existing rural land use such as agriculture, recreation, residential development, Rural Settlements, mineral aggregate operations, parks and open space. The 4 14.4.4 14.4.5 14.4.6 14.4.7 I .. "... VI I, r'U...- S".5.. o~ '-" 075 Countryside designation is intended to protect prime agricultural areas, provide for the continuation of agricultural and other rural land uses and maintain the character of Rural Settlements. Notwithstanding the Oak Ridges Moraine Conservation Plan, unserviced parks and low-intensity recreational uses shall not be permitted on prime agricultural lands, consistent with Section 12 of this Plan. Rural Settlements are generally defined on Map '0'. Rural Settlements are part of the Countryside designation and are intended to provide opportunities for minor residential infill and small-scale industrial, commercial and institutional uses in accordance with this Plan and area municipal official plans. The boundary of Rural Settlements, including areas for minor-rounding out, may be further refined in area municipal official plans, d) Settlement Areas recognize existing urban areas and permit a range of residential, commercial, industrial and institutional uses. A portion of the Uxbridge Urban Area is within the Settlement Area category. A range of land uses, in accordance with the Official Plan of the Township of Uxbridge, are permitted. Transportation, Utilities and Infrastructure uses are permitted in all Oak Ridges Moraine Conservation Plan land use categories, providing, the need has been demonstrated through an Environmental Assessment and that there is no reasonable alternative to the undertaking. Recreational uses within the Oak Ridges Moraine shall be considered by amendment to this Plan and must conform with the Oak Ridges Moraine Conservation Plan. Development and site alteration shall be prohibited within key natural heritage features and hydrologically sensitive features and their related minimum vegetation protection zone as identified by the Oak Ridges Moraine Conservation Plan. Within the portion of the Uxbridge Urban Area that falls within the Oak Ridges Moraine, the required setback identified in an Environmental Impact Study, as required in Section 2 of this Plan, shall prevail. A natural heritage evaluation or a hydrological evaluation, as detailed in the Oak Ridges Moraine Conservation Plan is required where new development or site alteration is proposed within the minimum area of influence surrounding a key natural heritage feature or a hydrologically sensitive feature. This evaluation shall identify, among other matters, 5 0'7 -, - b 14.4.8 14.4.9 14.4.10 14.4.11 ¡ ~HI.".nrPIT #. / .TO' . ,_,f.. ,,-I, , r,; uRT Ii PO ss:-ö ~---"- whether the minimum vegetation protection zone is sufficient to protect the features and its functions and if not, specify whether a greater protection zone is necessary. Regional Council shall prepare in consultation with area municipalities and the ConseNation Authorities watershed plans to meet the requirements of the Oak Ridges Moraine ConseNation Plan for every watershed having streams originating on the Moraine. Watershed plans shall provide knowledge of the groundwater and surface water systems and recommend how water resources are to be protected and enhanced in response to changing land uses as a guide to planning decisions. Appropriate objectives and requirements of the watershed plans shall be incorporated into this Plan by amendment. Wellhead protection areas are zones around municipal wells where land uses must be carefully planned to protect the quality of the water supply. Regional Council shall initiate amendments to this Plan to: a) establish the location and extent of wellhead protection areas for all existing and future municipal wells; b) identify and incorporate wellhead protection area policies; and c) prohibit the establishment of land uses such as the storage or manufacture of petroleum based fuels or solvents, pesticides, herbicides, or chlorinated solvents, inorganic chemicals, road salt and severely toxic chemicals identified by Provincial Regulation in wellhead protection areas, that could adversely affect the quality and quantity of groundwater. Aquifer vulnerabílíty refers to the shallow groundwater aquifer's susceptibility to contamination from both human and natural sources. Maps identifying the location of areas of aquifer vulnerabílíty are filed at Ministry of Natural Resources offices. These maps shall be consulted in determining whether the high aquifer vulnerabílíty provisions of the Oak Ridges Moraine ConseNation Plan apply to specific development applications. Regional Council shall prohibit the establishment of land uses such as the storage or manufacture of petroleum based fuels or solvents, pesticides, herbicides, or chlorinated solvents, inorganic chemicals, road salt and severely toxic chemicals identified by Provincial Regulation in areas of high aquifer vulnerabílíty, that could . adversely affect the quality and quantity of groundwater. Landform conservation areas are areas of steep slopes and representative landforms that shall be protected for their contribution to 6 14.4.12 14.4.13 14.4.14 14.4.15 14.4.16 14.4.17 tTnrHr~Fm # I TO . . 55-D~ 0 '7 'ï ecological integrity and hydrologic function. Maps identifying the location of landform conservation areas are filed at Ministry of Natural Resources offices. These maps shall be consulted in determining whether the Landform Conservation provisions of the Oak Ridges Moraine Conservation Plan apply to specific development applications. Applications for development or site alteration proposed in a landform conservation area (category 1 and 2) shall be accompanied by the appropriate study as required by the Oak Ridges Moraine Conservation Plan. Planning, design and construction practices for any permitted development are required to satisfy the provisions of the Oak Ridges Moraine Conservation Plan. The Region, in cooperation with the Province and other stakeholders, shall participate in the development and administration of effective and accessible data management systems for the Oak Ridges Moraine's natural heritage and groundwater information. The Region, in cooperation with the Province and other stakeholders, shall participate in the development of a series of indicators to monitor the long-term health of the Moraine and to assistin public education. Nothing in this Plan prevents an area municipality from being more restrictive in either their official plans or zoning by-laws, except as limited by the Oak Ridges Moraine Conservation Plan. Area municipalities shall be supported in adopting innovative approaches to assist in implementing the Oak Ridges Moraine Conservation Plan through amendments to their official plans and zoning by-laws. The Region shall request the Province, in consultation with the area municipalities and other stakeholders, prepare guidelines that assist in implementing the Oak Ridges Moraine Conservation Plan. 15) Adding at the end of Section 15.2.1 the following: "and where applicable, conform with the Oak Ridges Moraine Conservation Plan."; 16) Deleting from Section 19.2.5 the following: "and studies undertaken for the Oak Ridges Moraine in accordance with Section 14.3.4"; 17) Adding a new Section 19.2.6 as follows: 7 0'78 ATTACHMENT #---1 TO REPORT # PO .")~ ~ "19.2.6 In addition to the policies of this Plan, the development of mineral aggregate operations and wayside pits shall, where applicable, conform with the Oak Ridges Moraine Conservation Plan." 18) Deleting the word "and" after the words "proposed use" in Section 20.4.4, subsection c) and adding a new subsection e) as follows: "and where applicable, conform with the Oak Ridges Moraine Conservation Plan."; 19) Adding at the end of Section 20.7.12 the following: "and, where applicable, conform with the Oak Ridges Moraine Conservation Plan"; 20) Adding the Oak Ridges Moraine Conservation Plan boundary on Map 'A' and designating all lands within the boundary as Oak Ridges Moraine, as shown on Exhibits 81 to 84. 21) Renumbering Schedules 4,5,6 and 7 in Part E to Schedules 5,6,7 and 8 respectively and adding a new Schedule 4- Map '0' - Oak Ridges Moraine Land Use, as shown in Exhibits C1 to C4. Implementation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of this plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of this plan shall apply in regard to this Amendment. 8 v SANDFORD DAVIS DR :',:::";':':;::::;':" ';i;:Sit\"::" .. ~ ~ <B> <S> ~:~ <3> «,. <€> <§> <S> )' ')Ç \ ( FEDERAL AIRPORT LANDS D "" ~~ 32 13 11 ~ SIMCOE 12 47 Exhibit C iI OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM .. . OAK RIDGES MORAINE LAND USE MAP [Q) LEGEND - NATURAL CORE AREA NATURAL UNKAGE AREA SETTLEMENT AREA c::J OAK RIDGES MORAINE CONSERVATION PLAN AREA -E£J- REGIONAL ROAD -<1D- PROVINCIAL HIGHWAY COUNTRYSIDE AREA - Rural Settlement THIS MAP FORMS PART OF THE OfFICIAL PlAN OF THE REGIONAl MUNICIPAliTY OF OURHAM AND MUST BE READ IN CONJUNCTiON WITH THE TEJ<T REGIONAlCOUNCJLAPPRDVED AMENDMENTS WHICH HAVE BEEN APPEALED ARE SHOWN [A-IAmen4m',"1 No.)] ONLY FOR CDNVENIENCE AND DO NOTFORM PARHJFTHEAPPROVED OFACIALPLAN. THIS CONSOLIDATiON IS PROVIDED FOR CONVENIENCE AND REPRESENTS REOUESTED REGIONAlMOOIFICATiONSAND MINISTRY APPROVAlS AS OF JANUARY1,2001 NOTES, 1) LAND USE DESIGNATIONS PROVIDED BYTHE ONTARIO MINISTRY OF NATURAL RESOURCES 2) THIS MAP SHALL BE UPDATED IN CONSULTATION WITH THE MINISTRY OF NATURAL RESOURCES WHENEVER NEW INFORMATION BECOMES AVAILABLE 3) ROADS ARE FOR REFERENCE PURPOSES ONLY 2 ~~""~.-/~~"-" ~ / ~ LAKE ONTARIO Co< ",Mcm OAK "'DO<' M""',"' "."'OY' DRM CAND U'"' 0"'0""'" - MM' D.CDR 401 ATTACHMENT 2 TO REPORT NO. PD 55-02 PROPOSED REGIONAL OFFICIAL PLAN AMENDMENT B: ADJUSTMENTS TO MAP lA' - REGIONAL STRUCTURE for Lands Outside of the Oak Ridges Moraine Defined by the Province 081 '))~ ") {': ... (.., ¡', ,~¡. ¡'¡";(.O_~h:e f,>Û;;! f: PU_-,. 5 5..:::..Q2:"Ho Attachment 2 Proposed Regional Official Pian Amendment B: Adjustments to Map 'A' - Regional Structure for lands Outside of the Oak Ridges Moraine Defined by the Province Purpose: The purpose of this amendment is to update the land use designations on Map 'A' - Regional Structure in response to the changes to the boundary of the Oak Ridges Moraine, which have resulted from integrating the Oak Ridges Moraine Conservation Plan into the Regional Official Plan. location: All lands located in the Region of Durham that are currently designated Oak Ridges Moraine in the Regional Official Plan, but lie outside the legislated boundary for the Oak Ridges Moraine. Basis: The boundary of the Oak Ridges Moraine has been established by the Province of Ontario in'Regulation 01/02, Plan of the Boundary of the Oak Ridges Moraine Area. The boundary is based on a number of topographical, geomorphological and geological attributes, including the 245 metre contour line along the southern boundary of the moraine. The Oak Ridges Moraine Conservation Plan only applies to those lands within the boundary. The Region of Durham is required to undertake an Official Plan Amendment to integrate the policies of the Oak Ridges Moraine Conservation Plan in the Regional Official Plan (ROP). Through the amendment p'rocess, the legislated Oak Ridges Moraine boundary has been added to Map 'A' - Regional Structure. As a result of this new boundary, land currently designated as Oak Ridges Moraine in the Rap, but lie outside of the legislated boundary must be redesignated. Based on air photo analysis and examination of surrounding land uses these areas are being redesignated as either Agricultural Area or Major Open Space System. This amendment will not come into affect until the Oak Ridges Moraine Conservation Plan Conformity Amendment is approved by the Minister of Municipal Affairs and is deemed to be in effect. Actual Amendment: The Durham Regional Offitial Plan is herby amended by: 1) Amending Map 'A' - Regional Structure as indicated in Exhibit "A" attached to this Amendment. 1 fJ;TI1.I""~f['I'IT # ')TO <,r..,.. \ --C:>S...--. /I PD_~~_".... O~j, Implementation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of this Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of this Plan shall apply in regard to this Amendment. 2 8 SANDFORD ~ DAVIS DR ... 8 j~ø'~,;'; ,.:.I:ø ~~~.,. ~ ~ "" TRANS-CANADA GA. """""""""""F~;;;';"" From Pernlonent Pernlonent Agricultural Agricultural Reserve Reaerve Subject to Subject to Section 14.3 Section 14.3 . to Pernlanent to Major Agricultural Open Space Reserve FEDERAL AIRPORT LANDS ~ I I ATTACHMENT I...}_TO REPORT 1/ PO S S ~ () ). 085, Suggested Revisions to the Proposed Regional Official Plan Amendment A Proposed RO.P. Suggested Amendment Section Revisions 1 5.2.1 - N/A 2 5.3.5 - N/A 3 5.3.25 - N/A 4) 13.3.2 - boundaries/permitted uses in Hamlets/Rural Settlements should only be outlined in Section 14.4; 5) 13.3.14 - N/A 6) 13.3.15 - N/A 7) 13.3.19 - reconcile inconsistencies regarding existing uses in the aRM (Le. "Country Residential Subdivisions" on Map "A' and on Schedule 5); 8) 13.3.29 - N/A 9) 14.1.4 - N/A 10 14.3.4 - N/A 11 14.3.5 - N/A 12 14.3.6 - N/A 13) 14.3.22 - N/A (formerly 14.3.25) 14 14.4 - N/A 14.4.1 - N/A 14.4.2 - Reconcile inconsistencies regarding existing uses in the aRM (Le. "Country Residential Subdivisions" in the aRM) 14.4.3 - Add a policy to allow local 'conformity amendments' to further refine the boundaries of any aRM land use designation, not just "Rural Settlement" boundaries, consistent with the aRMCP; 14.4.4 - N/A 14.4.5 - Add the word "Major" before the words "Recreational uses"; - Italicize "Maior recreational uses"; 14.4.6 - N/A 14.4.7 - Add the word "and/" before the words "or a hydrological evaluation"; 14.4.8 - N/A 14.4.9 - N/A 14.4.10 - N/A 14.4.11 - N/A 14.4.12 - N/A 14.4.13 - Delete Section proposed 14.4.13; - Renumber subsequent Sections accordingly; - Provide further information reqardinq data management; 14.4.14 - Delete Section proposed 14.4.14; - Renumber subsequent Sections accordinqly; 086 AT1ACHMEN11~~TO REPORl # PO S s: - 0 2- ,-- Suggested Revisions to the Proposed Regional Official Plan Amendment A Proposed R.O.P. Suggested Amendment Section Revisions - Provide further information reqardinq data monitorinq; 14.4.15 - N/A 14.4.16 - N/A 14.4.17 - Add the word "that" before the words "the Province"; 15) 15.2.1 - N/A 16) 19.2.5 - N/A 17) 19.2.6 - N/A 18) 20.4.4 - Revise proposed amendments to allow local 'conformity amendments' to recognize existing uses in the ORM that received PlanninG Act approvals prior to November 15, 2001; 19) 20.7.12 - N/A 20) Map 'A' - Add the Hamlet of Altona; - Reconcile existing uses designations (i.e. "Country Residential Subdivisions" located within the ORM); - Identify "prime aqriculturallands" in the ORM; 21) Map'D' - Add the Hamlet of Altona as a "Rural Settlement"; General - Recognize existing uses in the ORM that received Planning Comments Act approvals prior to November 15, 2001; - Reconcile inconsistencies regarding existing uses in the ORM (i.e. golf courses in Section 14.3.2d; country residential subdivisions on Map 'A' and Schedule 5; country residential subdivisions in the ORM in Section 13.3.18 etc.); - Allow local'conformity amendments' to further refine all land use designations in the ORM consistent with the ORMCP; - Allow "Low-Intensity Recreational Uses" without requiring a Regional Official Plan Amendment; - Identify prime agricultural lands; - Provide further information and clarification regarding data management and monitoring prior to adoption by Regional Council; - Resolve deferral #34 by designating Altona as a Hamlet/Rural Settlement; Suggested Revisions to the Proposed Regional Official Plan Amendment B Proposed R.O.P. Suggested Amendment Section Revisions 1) Map 'A' - N/A