HomeMy WebLinkAboutPLN 24-20
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Report to
Planning & Development Committee
Report Number: PLN 24-20
Date: December 7, 2020
From: Kyle Bentley
Director, City Development & CBO
Subject: City Initiated Official Plan Amendment: Ecosystem Compensation
Recommended Amendment 35 to the Pickering Official Plan
File: OPA 19-003/P
Recommendation:
1. That Official Plan Amendment Application OPA 19-003/P, initiated by the City of Pickering, to
amend existing policies and introduce new policies to the Pickering Official Plan with regard to
ecosystem loss and compensation, as set out in Exhibit ‘A’ to Appendix I to Report PLN 24-20
be approved;
2. That the Draft By-law to adopt Amendment 35 to the Pickering Official Plan, to amend
existing policies and introduce new policies to the Pickering Official Plan with regard to
ecosystem loss and compensation, as set out in Appendix I to Report PLN 24-20, be
forwarded to Council for enactment; and
3. That the City Clerk forward the Notice of Adoption to the Region of Durham and to each
person or public body that provided written or verbal comments at the Open House, the
Public Meeting, the Planning & Development Committee or the City Council meetings.
Executive Summary: The purpose of Amendment 35 is to amend the City of Pickering
Official Plan by adding new policies and changing existing policies in the Pickering Official Plan
with regard to ecosystem loss and compensation . The full amendment is contained in Exhibit ‘A’ to
Appendix l to this report. A general description of the amendment is provided in Section 5.1 of this
report.
Financial Implications: The implementation of Amendment 35 would provide a new revenue
stream to the City to compensate for ecosystem loss through tree planting and project -specific
restoration projects in accordance with conditions of approval for new development.
Discussion:
1. Purpose
1.1 The Planning Act identifies the protection of ecological systems, including natural areas,
features and functions as a matter of Provincial interest. Similarly, the Provincial Policy
Statement requires that the long-term ecological function and biodiversity of natural
heritage systems should be maintained, restored o r enhanced where possible.
Report PLN 24-20 December 7, 2020
Subject: Official Plan Amendment Application OPA 19-003/P Page 2
1.2 Although the principle of compensation is already e stablished in the Pickering Official Plan,
the current policies regarding compensation are specific to only infrastructure expansions,
certain urban neighbourhoods and certain natural heritage features, and do not directly
address ecosystem loss and compensation due to development impacts, on a City-wide
basis.
1.3 The City works with the Toronto and Region Conservation Authority (TRCA) and the
development industry to seek favorable outcomes where the loss of critical ecological
functions and components are unavoidable. Yet, the absence of City-wide policies in
relation to ecosystem loss and compensation leaves a policy void. This void can hamper
the City and TRCA’s efforts to achieve shared objectives for a connected and robust
natural heritage system and to reach a satisfactory level of compensation to provide
meaningful replacement of or enhancement to the natural heritage system.
1.4 Council’s passing of the By-law to adopt the Recommended Amendment will strengthen the
principle of ecosystem compensation (where all options for protection have been exhausted)
in the Pickering Official Plan, and provide a stronger basis for collaboration between parties
and to achieve consistent and transparent approach to compensation through the
implementation of approved development proposals.
1.5 A Memorandum of Understanding (MOU) between the City and TRCA, regarding the
Implementation of Ecosystem Compensation in accordance with TRCA’s Guideline to
Determine Ecosystem Compensation (the “Guideline”), dated June 2018, will guide the City
in its implementation of Amendment 35 to the Pickering Official Plan. For more information
regarding the MOU, please refer to Report PLN 25-20 dated December 7, 2020.
2. Statutory Public Meeting and Open House
In accordance with the Planning Act, a notice of the statutory public meeting and open
house was published in the Pickering News Advertiser on May 29, 2019 and again on
June 5, 2019. In addition, notice of the open house and the statutory public meeting was
advertised on the City of Pickering website. The open house and statutory public meeting
were held on June 17, 2019.
The open house drew one attendee, a planner from Evans Planning Inc., inquiring about
the applicability of the proposed policies to approved but not yet built plans of subd ivisions.
Evans Planning also submitted a follow-up email, inquiring about the same matter. No
members of the public spoke to the Proposed Amendment at the statutory public meeting.
3. Agency Consultation
3.1 The Proposed Amendment and Information Report 09-19 were circulated to public agencies
on May 24, 2019. Written submissions were received from TRCA and the Regional
Municipality of Durham (Region).
3.2 TRCA had no comments to offer in regard to the Proposed Amendment, and expressed its
appreciation of the City’s efforts on this matter and that it was looking forward to working
with the City on a MOU to administer and implement ecosystem compensation.
Report PLN 24-20 December 7, 2020
Subject: Official Plan Amendment Application OPA 19-003/P Page 3
3.3 The Region’s comments are contained in Attachment #1 to this report. As noted in their
response, Recommended Amendment 35 is exempt from Regional approval, in accordance
with the Region’s By-law 11-2000.
4. Minor modifications to the Amendment text
4.1 In response to the Region’s comments, staff has made a minor technical change to
Amendment item #1, Policy 2.5 (d), by splitting the long sentence into 2, as suggested.
4.2 In response to Evans Planning Inc.’s inquiry (concerning the applicability of the proposed
policies to approved but not yet built plans of subdivisions), and following consultation with
TRCA regarding the MOU to administer and implement Ecosystem Compensation in
accordance with the TRCA Guideline, staff re-examined the location of the new policy
language in Policy 2.5 (d) (Ecological System) and the policy language in relation to
conditions of approval for previously approved developments, and determined that the
following minor revisions be incorporated in the amendment:
4.2.1 that the new policy language initially proposed in Policy 2.5 (d) be removed and
inserted in Policy 10.12 (Key Natural Heritage and Key Hydrologic Features) and
numbered 10.12 (f).
Note: Policy 10.12 is better suited because it deals with the Management of the
Natural Heritage System whereas Policy 2.5 deals with the goals of
Pickering’s Ecological System.
4.2.1 that Policy 10.12 be further revised by adding a new subsection (g) to read as
follows, and renumbering the subsequent subsections accordingly:
“….; accordingly, City Council shall:
(g) not require ecosystem compensation in accordance with Section 10.12 (f ) of
this Plan where removal of features and/or ecosystem functions without
compensation has been determined as part of a previous approval under the
Planning Act, or where compensation for the loss of the features and/or
ecosystem functions has already been determined in accordance with an
approved Master Environmental Servicing Plan or Environmental Assessment.
However, the relevant conservation authority’s guideline shall apply to any new
or revised approvals under the Conservation Authorities Act permitting process.”
Note: The above clarification clause would alleviate any fears of developers from
being required to pay compensation twice for the removal of features and/or
ecosystem functions.
4.2.3 that the initial revision to Policy 16.10 (h), Environmental Report Contents, in
Chapter 16 – Development Review be removed from the amendment.
Note: Since the same policy language will be contained in Policy 10.12 (f), duplicating
the same policy language in Policy 16.10 (h) is deemed superfluous.
Report PLN 24-20 December 7, 2020
Subject: Official Plan Amendment Application OPA 19-003/P Page 4
4.3 The 3 minor technical modifications do not detract from the original intent or purpose of
Amendment 35.
5. Recommended Amendment
5.1 Exhibit ‘A’ to Appendix I is the Recommended Amendment 35 to the City of Pickering
Official Plan. It introduces revisions to Pickering’s Resource Protection and Enhancement
policies in Chapter 10 – Resource Management of the Pickering Official Plan. More
specifically, the key proposed amendments to the Official Plan text:
expand the requirement for restoration and rehabilitation of degraded and damaged
ecosystems, to also include the option of ecosystem compensation due to development
impacts (where all options for protection have been exhausted), through the
implementation of approved development applications; and
clarifies the condition under which previously approved developments would be
exempted from ecosystem compensation.
6. Conclusion
6.1 Strengthening the policy framework in relation to ecosystem loss and compensation though
this official plan amendment provides a stronger basis for collaboration between parties,
and achieves a consistent and transparent approach to compensation through the
implementation of approved development.
6.2 Recommended Amendment 35 incorporates appropriate modifications to the initial
amendment, based on comments received through the consultation process.
6.3 Staff recommend that Council endorse Recommended Amendment 35 to the Pickering
Official Plan by passing the by-law to adopt Amendment 35, as set out in Appendix I to this
report.
Appendix
Appendix l Draft By-law to Adopt Recommended Amendment 35 to the Pickering Official Plan
Attachment:
1. Regional Municipality of Durham comments, dated July 17, 2019
L
Report PLN 24-20 December 7, 2020
Subject: Official Plan Amendment Application OPA 19-003/P Page 5
Prepared By: Approved/Endorsed By:
Déan Jacobs, MCIP, RPP Catherine Rose, MCIP, RPP
Manager, Policy & Geomatics Chief Planner
Kyle Bentley, P. Eng.
Director, City Development & CBO
DJ:ld
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Interim Chief Administrative Officer
Appendix No. I to
Report No. PLN 24-20
By-law to Adopt Amendment 35
to the City of Pickering Official Plan
________________________________
________________________________
The Corporation of the City of Pickering Draft
By-law No. XXXX/20
Being a by-law to adopt Amendment 35 to the Official Plan for
the City of Pickering (OPA 19-003/P)
Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1),
the Council of the Corporation of the City of Pickering may by by-law adopt amendments to
the Official Plan for the City of Pickering;
Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and
Housing has by order authorized Regional Council to pass a by-law to exempt proposed area
municipal official plan amendments from its approval;
Whereas the Planning Act identifies the protection of ecological systems, including natural areas,
features and functions as a matter of Provincial interest, and the Provincial Policy Statement 2020
requires that the long term ecological function and biodiversity of natural heritage systems should
be maintained, restored or enhanced where possible;
Whereas the Region has advised that, in accordance with By-law 11-2000, Amendment 35 to
the City of Pickering Official Plan is exempt from Regional approval;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. That Amendment 35 to the Official Plan for the City of Pickering, attached hereto as
Exhibit “A”, is hereby adopted;
2. That the City Clerk is hereby authorized and directed to forward to the Regional
Municipality of Durham the documentation required by Procedure: Area Municipal
Official Plans and Amendments;
3. This By-law shall come into force and take effect on the day of the final passing hereof.
By-law passed this XX day of XXXX, 2020.
Draft
David Ryan, Mayor
Draft
Susan Cassel, City Clerk
Exhibit “A” to By-law XXXX/20
Recommended Amendment 35
to the City of Pickering Official Plan
Recommended Amendment 35 to the Pickering Official Plan
Purpose: The purpose of this Amendment is to add new policies to and change existing
policies in the Pickering Official Plan with regard to ecosystem loss and
compensation.
Location: The Amendment applies City-wide.
Basis: There is a strong policy framework in Ontario to protect and expand the natural
heritage system. The Planning Act identifies the protection of ecological
systems, including natural areas, features and functions as a matter of
Provincial interest. Similarly, the Provincial Policy Statement requires that the
long-term ecological function and biodiversity of natural heritage systems
should be maintained, restored or enhanced where possible.
The natural heritage system and features continue to be compromised or lost
through development and the effects of climate change.
Embedding the principle of ecosystem compensation (where all options for
protection have been exhausted) in the Pickering Official Plan will provide a
stronger basis for collaboration between parties and achieves a consistent and
transparent approach to compensation through the implementation of approved
development proposals.
The compensation will enable the replanting, restoration and/or enhancement
of the natural heritage system.
Actual
Amendment:
The City of Pickering Official Plan is hereby amended by:
(New text is shown as underlined text, deleted text is shown as strikeout text, and retained text
is shown as unchanged text.)
1. Revising Section 10.12, Key Natural and Key Hydrologic Features, in Chapter 10 –
Resource Management, by deleting “and” at the end of subsection (d); deleting the
period “.”and adding “; and” at the end of subsection (e); and adding new subsections (f)
and (g) to read as follows:
“10.12 City Council recognizes the significance and sensitivity of key natural
heritage and key hydrologic features and their inter-related systems of
water resources, biotic habitat, natural and cultural heritage, and landform;
accordingly, Council shall:
(a) to (c) …;
(d) …; and
(e) ….; and
Recommended Amendment 35 to the Pickering Official Plan Page 2
(f) require compensation for the loss of ecosystem functions due to
development impacts, after all other options for protection,
minimization and mitigation have been exhausted, in accordance
with the relevant conservation authority’s guideline for determining
ecosystem compensation, with the exception of tree removal that
falls under the purview of the City’s Tree Removal Compensation
Fee, where applicable; and
(g) not require ecosystem compensation in accordance with
Section 10.12 (f) of this Plan where removal of features and/or
ecosystem functions without compensation has been determined
as part of a previous approval under the Planning Act, or where
compensation for the loss of the features and/or ecosystem
functions has already been determined in accordance with an
approved Master Environmental Servicing Plan or Environmental
Assessment. However, the relevant conservation authority’s
guideline for determining ecosystem compensation shall apply to
any new or revised approvals under the Conservation Authorities
Act permitting process.
Implementation: The provisions set forth in the City of Pickering Official Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
Amendment. In light of the numerous components of the Official Plan that
are being revised concurrently, the numbering of the policy sections in this
amendment is subject to change in accordance with the sequencing of
approvals.
Interpretation: The provisions set forth in the City of Pickering Official Plan as amended,
regarding the interpretation of the Plan shall apply in regard to this
Amendment, except as revised by this amendment.
Cross Reference:
OPA 19-003/P
City Initiated
The Regional
Municipality
of Durham.
Planning and Economic
Development Department
Planning Division
605 ROSSLAND RD. E.
4TH FLOOR
PO BOX 623
WHITBY ON L 1N 6A3
CANADA
905-668-7711
1-800-372-1102
Fax: 905-666-6208
Email: planning@durham.ca
www.durham.ca
Brian Bridgeman, MCIP, APP
Commissioner of Planning
and Economic Development
_ _ "Service Excellence
for our Communities"
July 17, 2019
Mr. Dean Jacobs
Principal Planner
City Development Department
City of Pickering
One The Esplanade
Pickering, ON L 1 V 6K7
Dear Mr. Jacobs:
Re: Regional Comments on a Proposed Amendment to the
City of Pickering Official Plan
File: OPA 19-003/P
Applicant: City of Pickering
Location: All lands in the municipality
City of Pickering
The proposed amendment has been reviewed and the following comments are
offered with respect to the Regional Official Plan (ROP) and Provincial Plans and
policies.
The purpose of the proposed amendment to the City of Pickering's Official Plan
is to add a new policy and to change an existing policy with regard to ecosystem
loss and compensation.
Durham Regional Official Plan
The ROP identifies the general location of key natural heritage/key hydrologic
features and requires that the location and extent of the feature be confirmed
through an appropriate study such as an Environmental Impact Study. The
planning and development process often identifies features that are not
considered "significant" under Provincial Policy. The proposed amendment,
requiring compensation for the loss of these features would help to address the
loss of the ecosystem function. The proposed amendment is consistent with the
policies of the ROP.
Moreover, through the Region's Municipal Comprehensive Review process
"Envision Durham", the Region is examining the concept of ecosystem loss and
compensation and will consider adding policies in this regard to the ROP.
Provincial Policy
The Provincial Policy Statement and Provincial Plans, such as the Growth Plan,
Greenbelt Plan and Oak Ridges Moraine Conservation Plan requires that
Planning Authorities protect natural heritage features that are considered
significant. However, there exist a number of features that may not be
If this information is required in an accessible format, please contact Planning Reception
at 1-800-372-11 02, extension 2551 .
Attachment #1 to Report#PLN 24-20
considered "significant" but still provide an important role in the ecosystem.
These features are often impacted in the planning and development process.
The proposed compensation policies recognize this loss, and recommends the
use of compensation, as a last resort when protection and mitigation options
have been exhausted. This will provide funding to restore ecosystem functions,
through actions such as tree planting, or meadow or wetland restoration. The
proposed amendment is consistent with the Provincial Policy Statement and
Provincial Plans, such as the Greenbelt Plan, the Growth Plan and the Oak
Ridges Moraine Conservation Plan.
Amendment Item 1
It is suggested, for clarity purposes, that Amendment Item 1, Policy 2.5 (d),
be broken into two sentences, so that the policy reads as follows:
"require compensation for the loss of ecosystem functions due to
development impacts, after all other options for protection,
minimization and mitigation have been exhausted. Compensation
shall be in accordance with the relevant conservation authority's
guideline for determining ecosystem compensation, with the
exception of tree removal that falls under the purview of the City's
Tree Removal Compensation Fee, where applicable."
Exemption
In accordance with By-law 11-2000 the Official Plan Amendment application
is exempt from Regional Approval.
Please advise the Commissioner of Planning and Economic Development of
your Council's decision. If Council adopts an Amendment, a record must be
submitted to this Department within 15 days of the date of adoption. The
record must include the following:
• two (2) copies of the adopted Amendment;
• a copy of the adopting by-law; and
• a copy of the staff report and any relevant materials.
Please contact myself or Lori Riviere-Doersam, Principal Planner, in this
Department with any questions or concerns.
Gary Mu er, MCIP, RPP
Directo f Planning
c.c. Kristy Kilbourne, Policy Planning
2