HomeMy WebLinkAboutPD 25-07
Ciu, o~
REPORT TO
PLANNING & DEVELOPMENT
COMMITTEE
Report Number: PD 25-07
Date: September 4,2007
From:
Neil Carroll
Director, Planning & Development
Subject:
Pickering Official Plan (POP) Review
- Final Work Plan
- File: D 2000-002
Recommendation:
1. That Report PD 25-07 of the Director, Planning & Development, regarding a
Final Work Plan for the review of the Pickering Official Plan, be received;
2. That the responses to the comments received on the Pickering Official Plan
Review as set out in Appendix I - Table 1 to Report PD 25-07, be endorsed;
3. That the Final Work Plan for the review of the Pickering Official Plan, as set out
in Appendix" to Report PD 25-07, be endorsed; and
4. Further, that a copy of Report PD 25-07 be forwarded to the Region of Durham,
Ministry of Municipal Affairs and Housing, the Conservation Authorities and those
other agencies and members of the public who provided comments, for
information.
Executive Summary: Staff are proposing a Final Work Plan for the Official Plan
Review combining 18 initiatives into seven City-initiated amendments to be rolled out
over the next three years. The amendment topics range from housekeeping updates,
implementation of the Central Pickering Development Plan, Duffin Heights,
sustainability initiatives, environmental and countryside planning to a full menu of urban
and downtown matters. The amendments involve implementation of Regional,
Provincial and Conservation Authority initiatives in addition to made-in-Pickering
innovations.
Report PD 25-07 responds to comments and topics raised at the Special Meeting of
Council held May 22, 2007, or submitted later. The report also indicates which
amendment will address each comment topic.
The consultation process includes 'reaching out' to existing community organizations
and to First Nations to obtain meaningful participation. Lastly, staff will keep Council,
key Advisory Committees of Council and the Chief Administrative Officer fully informed
throughout the process of the Official Plan Review.
Report PO 25-07
September 4, 2007
Subject: Pickering Official Plan Review
Final Work Plan
Page 2
1 5
Financial Implications: A budget provision of $40,000 was included in the Planning
& Development 2007 Budget for consulting services related to this initiative. It is
anticipated that similar budget amounts will be requested for 2008 and 2009.
Sustainability Implications: A review of the POP at this time allows the City to
implement the City's Sustainable Neighbourhood Plan Guidelines and the sustainable
principles contained within the various Provincial, Regional and Conservation Authority
initiatives. This will result in a Plan that significantly raises the bar in achieving the
City's sustainable objectives of a healthy environment, society and economy.
1.0 Backaround:
In May 2007, a Special Meeting of Council was held to discuss issues that
may require revision of the Pickering Official Plan.
In accordance with Council's adoption of the recommendations of Planning &
Development Report PO 04-07, in March 2007, a Special Meeting of Council was
held about the review of the POP. The Special Meeting was an opportunity for
the public to give their comments on matters in the Official Plan that may require
change.
Notice was mailed to ratepayer and community associations registered with the
City Clerk, a number of First Nations organizations and bands, public agencies,
and individuals and non-government organizations with an active interest in
planning and development matters in Pickering.
Report PO 04-07, which also identified 18 key initiatives to be considered in the
review of the POP, was available to the public ahead of the Special Meeting.
Report PO 04-07 and Council Resolution #56/07 are attached for information
(see Attachments #1 & 2).
2.0 Comments Received
Most issues raised at the Special Meeting of Council, or in subsequent
comments, relate to issues already identified by staff for review.
Approximately 30 to 40 people attended the Special Meeting of Council held on
May 22, 2007. Five people made oral submissions, one person provided
comments by telephone and nine written comments were submitted. An open
house was held in the Civic Complex foyer for an hour ahead of the Special
Meeting, at which Planning & Development staff was available on an informal
basis to speak with members of the public.
Report PO 25-07
September 4, 2007
~ubject: Pickering Official Plan Review
1F~al Work Plan
Page 3
The issues addressed at the Special Meeting included the following:
. implementing on a priority basis, the pedestrian-friendly vision for Kingston Road;
. resolving the long-term future use of the Pickering Airport Site;
. protecting for French language school sites;
. promoting the live-work development model of south Liverpool Road; and
. protecting rural lands from development.
Other comments received in writing or by telephone following the meeting
included:
. implementing the City's sustainability program as a high priority, with new
Planning Act (Bill 51) provisions;
. implementing recently completed and on-going initiatives of the Central Lake
Ontario Conservation Authority;
. referencing the Pickering Airport Site Zoning Regulations;
. incorporating development setbacks adjacent to pipelines;
. preparing development guidelines for the existing Pickering GO station lands;
. identifying opportunities for future urban growth in northeast Pickering; and
. updating transportation designations and policies.
Since the preparation of Report PO 04-07, Council has also passed several
resolutions referring matters to the Official Plan Review. These include the
following:
. implementing key provisions from the Planning Act changes in Bill 51 ;
. updating the Town Centre West area policies and designations; and
. implementing the Sustainable Neighbourhood Plan project.
Staff's review of the issues finds most of them are related to an existing topic
area or initiative that staff has already identified for review. Where a new issue
had been identified (such as designating school sites in the official plan for the
French language school board), the issue will be included with the "general
matters for review".
All comments received to date are summarized in a Table, together with a staff
comment on where the matter should be dealt with (see Table 1: Pickering Staff
Responses to Comments Received on the Pickering Official Plan Review,
provided as Appendix I to Report PO 25-07). Minutes of the Special Meeting are
provided as Attachment #3.
Report PD 25-07
September 4, 2007
Subject: Pickering Official Plan Review
Final Work Plan
Page 4
1 7
3.0 Consultation Process
3.1 Amendments resulting from an Official Plan Review require that an Open
House be held, in addition to the usual Statutory Public Meeting.
Since the Official Plan Review is proposed to be implemented by a series of
individual amendments over a three-year time frame, each amendment must
meet new Planning Act requirements for official plan review consultation.
As set out in the recent Planning Act changes, each City-initiated amendment
will require an Open House be held at least seven days prior to the Statutory
Public Meeting. The proposed official plan amendment and other relevant
information must be made available at the time that the notice of the Open
House and the Public Meeting are given. Council is required to have regard to
any comments received at the Open House, the Statutory Public Meetings and
any provided in writing.
Notice of each amendment will be mailed to all agencies, utilities, ratepayers, the
public who have provided comments or requested to be added to the mailing list,
in addition to newspaper advertisements and postings on the City website of
both the Open House and the Statutory Public Meeting. An information report
will be prepared for each proposed official plan amendment and in some
instances may be preceded by analytical reports.
Each official plan amendment will be initiated by the City once the proposed draft
amendment is prepared.
3.2 Staff intend to 'reach out' to engage existing community groups in shaping
the future of Pickering.
The Official Plan plays an important role in shaping the City's future. It guides
decisions on the planning, design and development of the community.
Residents also play an important role in shaping the City's future by participating
in the many processes involved in planning and development.
It is a challenge, however, to engage residents in an official plan review process.
By contrast, specific development proposals tend to engage nearby residents
more readily. In an effort to engage more of the public in the Official Plan
Review, staff propose to 'reach out' to a wide range of existing community
groups and organizations. These include youth, sports and business groups.
Staff will 'reach out' to existing groups to encourage participation/discussion in
order to foster meaningful input to the official plan review throughout the
three-year work program. Once interest is shown by a reasonable number of
people, working and/or focus groups could be established. Council should be
aware that staff is balancing the objective to consult and advise extensively with
the limited resources available for this project.
Report PO 25-07
September 4, 2007
Sl,Ibject: Pickering Official Plan Review
FinAl Work Plan
-+-8
Page 5
3.3 Staff will seek to engage a broad range of First Nations to obtain
meaningful input in recognizing their interests.
Staff will continue to inform an extensive list of individual First Nations and First
Nations organizations of the ongoing Official Plan Review. New groups such as
the Ontario Federation of First Nations will be added to the mailing list.
Staff will 'reach out' to inform First Nations about the importance of the Official
Plan in order to provide an opportunity to obtain meaningful input. Staff will
consider engaging a suitable consultant to assist the City in its outreach efforts.
3.4 Staff will keep Council, its Advisory Committees and the Chief Administrative
Officer informed at every stage of the Official Plan Review.
The Chief Administrative Officer and Council will be provided with early
notification of the initiation of each proposed official plan amendment. Staff will
also provide the Chief Administrative Officer and Council with periodic updates
on the status of the Official Plan Review at least every six months.
Rather than establishing a separate Pickering Official Plan Advisory Committee
and since several Committees' interests include key topics of the POP Review,
staff propose to provide topical updates and/or consult through the existing
Advisory Committees of Council and similar groups on amendments of particular
interest to the respective committees. For example, the Seaton Advisory
Committee will be updated on the amendment to implement the Central
Pickering Development Plan and the Sustainable Neighbourhoods Committee
will be updated on the Sustainable Neighbourhood Plan amendment.
4.0 Final Work Proaram
A revised work program has been prepared identifying the series of
proposed amendments, by topic, and with proposed timing.
A preliminary work plan was presented in Report PO 04/07 that identified
18 initiatives to be considered in the Official Plan Review.
The proposed Final Work Plan provided in Appendix II to Report PD 25-07
contains a revised detailed work program, having taken into consideration further
staff review, comments received and issues raised to date. The Final Work Plan
proposes seven official plan amendments to be implemented over the next three
years. For the most part, those matters that can proceed immediately (such as
environmental policy updates), or that are a higher priority for the City (such as
Duffin Heights updates), are being completed first. Those where additional
research, or completion of studies by others is required are in the later stages.
Report PD 25-07
September 4, 2007
Subject: Pickering Official Plan Review
Final Work Plan
Page 6,
1 9
A brief overview of the work program is set out in the table below.
Number
1
To ie/Name
Key Bill 51 provisions; Provincial Policy
Statement; Housekee in
Duffin Hei hts
Environment & Count side
Sustainabilit
Seaton
Downtown Intensification & Places to Grow;
Population, Employment, and Urban Land
Supply; Commercial and Transportation
olides
General Matters
Commencement
Fall 2007
2
3
4
5
6
Fall 2007
S rin 2008
Fall 2008
S rin 2008
Spring 2009
7
S rin 2010
The Work Plan will complete implementation of all of the mandatory and
discretionary policy changes that will equip Pickering to grow into the future.
However, due to the complex interrelationship of City, Regional and Provincial
initiatives and uncertainties about implementation of some incomplete initiatives
at this time, some flexibility must be retained to change the contents or phasing
of individual amendments if it appears necessary to do so. Staff will keep
Council advised of any significant changes of status.
APPENDICIES:
Appendix I: Table 1: Staff Responses to Comments Received on the Pickering Official
Plan Review
Appendix II: Official Plan Review: Final Work Plan
Attachments:
1. Report PD 04-07
2. Council Resolution #56/07
3. Minutes of Special Meeting of Council held May 22, 2007
4. Agency Comment - Central Lake Ontario Conservation Authority
5. Agency Comment - Transport Canada
6. Agency Comment - Meridian Planning (TransCanada Pipelines)
7. Agency Comment - Durham Region Planning Department
8. Agency Comment - City of Toronto
9. Comment letter from Tribute Communities / Runnymede Development Corporation
10. Comment letter from Union of Ontario Indians
11. Comment letter from Rama Mnjikaning First Nation
12. Comment letter from Six Nations of the Grand River
13. Comment letter from Association of Iroquois and Allied Indians
14. City Department Comments - Director, Office of Sustainability
Report PD 25-07
September 4, 2007
Subject: Pickering Official Plan Review
.. iiaaJ Work Plan
Page 7
Prepared By:
Approved I Endorsed By:
N~
Director, Planning & Development
J~p-
Steve Gaunt, MCI ,RPP
Senior Planner
t?~ ~~
Catherine Rose, MCIP, RPP
Manager, Policy
SG:jf
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
Director, Office of Sustainability
Director, Operations & Emergency Services
Recommended for the consideration of
Pickering City Council
~,
i/\7tJ ?
"-----
APPENDIX I TO
REPORT PO 25-07
r-
21
TABLE 1:
STAFF RESPONSES TO COMMENTS RECEIVED ON THE
PICKERING OFFICIAL PLAN REVIEW
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APPENDIX II TO
REPORT PO 25-07
OFFICIAL PLAN REVIEW: FINAL WORK PLAN
27
28
Official Plan Review: Final Work Plan
(September 2007)
Housekeeping and Provincial General Policy
Implementation Amendment
Fall 2007
· Update policy and schedules to reflect current status of various matters,
including deletion of obsolete policies, resolving technical deferrals and
technical corrections (including transportation designations);
· Prepare policy changes to implement priority areas of Bill 51;
· Prepare policy changes to implement the 2005 Provincial Policy
Statement;
Duffin Heights Neighbourhood Amendment
Fall 2007
· Refine the land use and transportation designations to implement the
Environmental Servicing Plan.
Environment and Countryside Policy Amendment
Spring 2008
· Prepare policy and schedule changes to implement 'Generic
Regulations' of TRCA and ClOCA, which regulates alterations to
watercourses, wetlands and shorelines;
· Prepare policy and schedule changes to implement the Provincial
Greenbelt Plan;
· Prepare policy and schedule changes to implement Amendment 114 to
the Regional Official Plan (the first part of the Regional Official Plan
Review) for environmental, rural and agricultural policies (when
approved by OMS);
· Prepare policy and schedule changes to implement the Watershed Plan
for Duffins Creek and Carruthers Creek, where appropriate;
· Prepare policy and schedule changes to implement TRCA's Terrestrial
Natural Heritage Strategy, where appropriate;
· Prepare policy and schedule changes to implement the Provincial
Central Pickering Development Plan for the Agricultural Preserve.
- 2 -
29
. Prepare policy changes to implement the general policies and the full
range of studies undertaken to implement the Central Pickering
Development Plan (for Seaton), including the Natural Heritage System
Management Plan and Trail Master Plan, the Master Environmental
Servicing Plan, the Neighbourhood Plans, the Fiscal Impact Study
(Pickering), the 407 Employment Lands Study and other related studies
(such as retail impact, affordable housing, sustainable benchmarks).
. Resolve deferrals of policies in the Pickering Official Plan related to
Seaton;
. Address Council Resolution respecting Whitevale Heritage Conservation
District.
Sustainable Neighbourhood Plan Amendment
. Prepare policy changes to implement the Sustainable Neighbourhood
Plan Guidelines including the Council Resolution respecting the
Sustainable Neighbourhood Plan and the provisions of Bill 51 that
address sustainable development;
. Will address live-work sustainable development;
. Prepare policies to establish a strategy to implement sustainable
benchmarks.
Urban Matters: Growth Plan, Sustainable Downtown, Regional
Population, Employment, Commercial and Transportation Policies
Amendment
. Prepare policy and schedule changes to implement the Provincial
Growth Plan for the Greater Golden Horseshoe (built boundary, growth
center, Greenfield areas, density targets, intensification corridors, transit
station areas etc.); in conformity with the implementing Regional Official
Plan Amendment;
. Will address guidelines for Bay Ridges Neighbourhood and intensification
of GO Station lands;
. Prepare policy and schedule changes to implement the Region of
Durham Official Plan Review policies on population and employment
forecasts, commercial and transportation (including transportation
matters raised by City of Toronto and potential for urban uses in northeast
Pickering);
. Prepare policy to restrict conversion of employment lands (required by
Bill 51);
. Prepare policy changes to implement the Downtown Intensification
strategy that will ensure an attractive, vibrant, and sustainable downtown
in conformity with Regional Official Plan policies and Growth Plan policies
for intensification and a growth centre.
. Prepare policy changes to address Council Resolution for the Town
Centre West.
Fall 2008
Spring 2009
- 3 -
30
General Official Plan Review
Spring 2010
. Prepare policy and schedule changes to address a broad range of
miscellaneous policies in the POP. Address a number of Council
resolutions and items referred by Council to be dealt with in the
OP Review. Address newly completed initiatives of Conservation
Authorities, Region of Durham and Province;
. Resolve deferrals of airport designation and address airport zoning
regulations;
. Will address need to designate school sites;
. Will implement new Conservation Authority initiatives;
. Will address policies for development in proximity to utilities.
SGlWorkplanTable(Grant)
Updated August 2, 2007
CiUI c~
I d-'"_. '" REPORT TO
, c!R507
---"EXECUTIVE COMMITTEE. ,
31
Report Number: PO 04-07
Date: February 26, 2007
From:
Neil Carroll
Director, Planning & Development
Subject:
Pickering Official Plan Review
Recommendations:
1. That Report PO 04-07 of the Director, Planning & Development, regarding the
review of the Pickering Official Plan be received;
2. That the Preliminary Work Plan for reviewing the Pickering Official Plan, as set
out in Attachment #3 to Report PO 04-07, be endorsed;
3. That staff be authorized to hold a special meeting of Council, as required under
Section 26(3)(b) of the Planning Act, in the spring of 2007 to obtain public input
on revisions to the Pickering Official Plan that may be required;
4. That staff report back on a Final Work Plan that addresses the submissions
received on the Pickering Official Plan; and
5. Further, that a copy of Report PO 04-07 be forwarded to the Region of Durham,
local municipalities in Durham Region, the Toronto and Region Conservation
Authority, the Central Lake Ontario Conservation Authority, the Durham School
Boards for information.
Executive Summary: The Pickering Official Plan has been in effect for almost
10 years. A number of new Provincial documents are now approved and the Durham
Regional Official Plan review is mostly complete. It is important to keep the Official
Plan current with recent Council directions on matters such as sustainability. In
addition, as Official Plans are required to conform to both Provincial policies and
upper-tier plans, staff is requesting that Council endorse the preliminary work plan for
reviewing and updating the Pickering Official Plan.
The Official Plan Review will focus on the following key areas:
· strengthening the sustainable framework to support the City's Sustainable
Neighbourhood Plan and Benchmarking for Sustainability;
· implementing various Provincial policy documents including the Greenbelt Plan,
2005 Provincial Policy Statement and the Central Pickering Development Plan;
· incorporating new Official Plan policies resulting from the Region's review of its
Official Plan;
· preparing new policies to guide intensification consistent with the Growth Plan for
the Greater Golden Horseshoe;
Report PO 04-07
/
...;;?;L.<::.!"Z.,. .
Date: February 26, 2007
; .
Subject: Pickering Official Plan Review
32
Page 2
· changing the Plan's time horizon from 2016 to 2031; and
· reviewing and updating policies and designations to ensure ongoing
effectiveness.
It is staff's intention to prepare a series of amendments to the City's Official Plan. For
example, the City can initiate Official Plan Amendments for the Greenbelt Plan and the
new Regional Official Plan as those initiatives are now approved. For other
amendments, such as conformity to the Growth Plan, studies are required to be
completed at the local level. It is expected that the Review will require approximately
three years to complete.
As the Planning Act requires that a special meeting of Council be held to discuss
revisions to the Official Plan, staff is recommending that a special meeting be held in
spring 2007 to obtain public input.
Financial Implications: A budget provision of $40,000 has been recommended for
inclusion in the Planning & Development 2007 Budget for consulting seNices related to
this initiative.
Sustainability Implications: A review of the Pickering Official Plan at this time
provides the City with an unique opportunity to enhance the sustainable framework in
the Plan by the inclusion of polices to direct sustainable development in accordance
with the City's Sustainable Neighbourhood Plan Guidelines (pending Council's
consideration) and key principles of various Provincial, Regional and ConseNation
Authority documents. The result should be a Plan that assists the City in achieving its
sustainable objectives of a healthy environment, society and economy, and responsible
development and consumption.
1.0 Background:
1.1 The Pickering Official Plan was adopted in March 1997 and subsequently
approved by Durham Regional Council in September 1997
Pickering's current Official Plan ('the Plan') was adopted by City Council in March
1997 and approved by Durham Regional Council in September 1997 with
modifications and deferrals. The Plan's planning horizon is 20 years (up to the
year 2016) and contains detailed policies for guiding and managing growth and
development while protecting the natural and rural environments.
Since the Plan's approval, all 14 appeals to the Ontario Municipal Board have
been dealt with, and only 20 out of 63 deferrals remain. Most of the deferrals
relate to Seaton and the airport lands, and are listed in Attachment #1.
Report PO 04-07
I
:95..07
Da{e: February 26, 2007
Subject: Pickering Official Plan Review
Page 3
33
In addition, the Plan has been amended 12 times either in response to
development applications (e.g. Watson's and Heather Glen golf courses) or to
City initiatives (e.g. Northeast Quadrant Review and Liverpool Road South Area
Detailed Review). The City's Oak Ridges Moraine Conformity Official and
Zoning By-law Amendments are currently awaiting Provincial approval.
1.2 A number of initiatives are either completed or underway by the Province,
Region, City and Conservation Authority that will need to be considered
and incorporated into the Plan's review
At this time, a number of new Provincial policy documents such as the Greenbelt
Plan and the Growth Plan for the Golden Horseshoe have come into force. A
new Provincial Policy Statement is also in effect. At the Regional level,
Amendment 114 to the Durham Regional Official Plan, except for the appeals,
has been approved. This Amendment includes revisions to the environmental,
rural, transportation and commercial components of the Regional Official Plan.
The City has a number of initiatives underway including the Sustainable
Neighbourhood Plan and Benchmarking for Sustainability. Other anticipated
initiatives include preparing a long-term sustainable vision for Downtown
Pickering and undertaking a number of studies required under the Province's
Central Pickering Development Plan such as the Master Environmental Servicing
Plan and Neighbourhood Plans. .
A Watershed Plan for the Duffins and Carruthers Creeks and 'Generic
Regulations' that regulate natural features and activities (including development
within regulated areas and any interference or alteration to watercourses, wetlands
and shorelines) have recently come into effect. Other Conservation Authority
initiatives are also underway or commencing.
2.0 Discussion:
2.1 The City's Official Plan has provided a solid foundation for managing
development, guiding infrastructure decisions, and protecting the
environment over the last 10 years.
Since 1997, the Plan has provided a solid foundation to guide development and
change in the City. The Plan's promotion of Pickering as a complete community
through sustaining healthy ecological, urban, and rural systems remains relevant
especially in light of Council's commitment to sustainability.
While staff is recommending enhancements to the sustainable elements of the
Plan, there is no need at this time to change the fundamental framework,
principles, and goals of the Plan.
In addition to reviewing the Plan to achieve conformity with the new Provincial
and Regional Plans, a general review of the Plan is required to ensure that the
Plan's policies continue to be relevant and appropriate to deal with growth,
development and environmental initiatives.
Report PO 04-07
/
d<S (I 7
Date: February 26, 2007
Subject Pickering Official Plan Review
Page 4
S4
To this end, staff has identified several policy areas in the Plan requiring review
such as housing, population and employment targets, planning horizon. There
are also three outstanding Council resolutions that need to be addressed
regarding waste transfer/processing, archaeological master plan, and the
extension of the Whitevale Heritage Conservation District. Further, a number of
housekeeping/technical changes are required. A list of key initiatives requiring
consideration as part of the Plan's review is provided in Attachment #2.
2.2 A three-year timeframe for completing the Plan's review is realistic
The Plan's review will involve the assessment of various provincial, regional and
conservation policy documents, preparation of selected background studies and
policy papers, and the preparation of a series of Official Plan amendments on a
variety of topics e.g. natural heritage, intensification, and commercial. It is expected
that the review can be completed within the 2007-2009 timeframe as follows:
Year 1 - 2007
Amendments would be prepared implementing the City's sustainable initiatives
such as Benchmarking Sustainability and the Sustainable Neighbourhood Plan.
Also, staff would be implementing the results of several approved initiatives (e.g.
2005 Provincial Policy Statement, Bill 51, Greenbelt Plan, Regional Official Plan
Review and Conservation Authority's 'Generic Regulations'). Other amendments
such as housekeeping matters or updates to the Plan would also be initiated.
Year 2 - 2008
Staff would prepare amendments to implement initiatives completed in 2008.
For example, it is expected that amendments implementing studies completed
under the Province's Central Pickering Development Plan (CPDP) such as the
Natural Heritage System Management Plan and Highway 407 Employment Land
Study would be prepared. Other amendments implementing the results of staff's
general review of the Plan's policies and the work related to Council resolutions
would also be prepared for Council's consideration.
Year 3 - 2009
Amendments would be prepared in the third year for the initiatives that are
expected to take longer to complete due to the need for technical studies,
reports and other required documentation. For example, the Downtown
Intensification Strategy not only requires extensive analysis and consultation but
also is partly dependent on background work being done by upper-tier
governments relating to population and employment forecasts. Amendments to
implement the other studies required under the CPDP such as the Master
Environmental Servicing Plan and Neighbourhood Plan would be prepared.
,
,
Report PO 04-07
~s -() "7
Date: February 26, 2007
Subject: Pickering Official Plan Review
Page 5
35
In addition, staff is currently participating in several TRCA initiatives. Once each
initiative is completed, appropriate implementation mechanisms will be
determined and amendments to the Plan prepared, if necessary.
A chart listing initiatives, status, anticipated timing of amendments is provided in
Attachment #3.
2.3 Public views and opinions will be solicited during the Plan's Review
As part of the Plan's review, the City will be seeking community input and
engaging stakeholders for their views and opinions during the preparation of the
Official Plan amendments. As a minimum, open houses in addition to statutory
public meetings will be held for the City's amendments.
Public meetings will be posted on the City's website and in the community page
of the local newspaper. Mailing lists of interested individuals, community groups,
agencies and First Nations will be prepared and meeting notices advising of
open houses and public meetings will be mailed. In addition, consultations with
the various public agencies (e.g. region, school boards, conservation authorities)
will be undertaken, as part of the review process.
2.4 Consultants to assist staff on the technical aspects of the studies
(engineering, architectural and urban design) are required
Significant staff resources throughout the Corporation will be involved in the
Plan's review. As well, consulting services will be required to assist staff on the
technical aspects of selected policy reviews and conformity amendments (such
as engineering, architectural and urban design). In this regard, staff, as part of
the Planning & Development draft 2007 Budget submission, has recommended
a proposed budget of $40,000 for consulting services. Additional funding
requests may be included in the 2008 and 2009 Budget proposal.
2.5 The next step is to hold a special meeting of Council, open to the public, to
discuss revisions to the City's Official Plan
In commencing an OP review, the Planning Act requires that a special meeting of
Council be held to obtain input from the public (Le. residents, businesses, community
associations, landowners, and the development industry) and affected agencies
regarding revisions to the Plan.
Staff is therefore seeking Council's authorization to advertise, in the appropriate
newspapers and on the City's website, that the City is seeking the views of the
public on the Plan. Mailings will also be used to advise agencies of the special
meeting. A special meeting of Council in spring 2007 is recommended.
Subsequently, a report on the submissions received will be prepared for Council's
consideration. Staff will also finalize and request Council's endorsement of the
work plan.
. ~epog go 04-07
Subject: Pickering Official Plan Review
I
.;;( s- () 7
Date: February 26,2007
Page 6
Attachments:
1. Official Plan: List of Outstanding Deferrals
2. Official Plan Review: Key Initiatives Requiring Consideration
3, Official Plan Review: Preliminary Work Plan
Prepared By:
Approved I Endorsed By:
"'--2.'
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Neil Carr . ~
Director, Planning & Development
Grant McGregor, MCIP. RPP
Principal Planner - Policy
~,ft1:--
Catherine Rose, MCIP, RPP
Manager, Policy
GM:ld
Attachments
Copy: Chief Administrative Officer
Director, Corporate Services & Treasurer
Director, Operations & Emergency Services
Division Head, Corporate Projects & Promotions
Recommended for the consideration of
Pickering Ci_~ CO~!1cil
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39
CORPORATE SERVICES DEPARTMENT
CLERKS DIVISION
March 9, 2007
DIRECTIVE MEMORANDUM
RECEIVED
MAR 1 3 2007
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
~Iease action as required
L Clerk to Action - Copy of
Correspondence to Follov:
#S
Receive as Information
To:
Neil Carroll
Director, Planning & Development
From:
Debi A. Bentley
City Clerk
Subject:
Direction as per Minutes of the Meeting of City Council
held on March 5, 2007
Director, Planning & Development, Report PO 04-07
Pickering Official Plan Review
COUNCIL DECISION
RESOLUTION #56/07
1. That Report PO 04-07 of the Director, Planning & Development,
regarding the review of the Pickering Official Plan be received;
2. That the Preliminary Work Plan for reviewing the Pickering Official
Plan, as set out in Attachment #3 to Report PO 04-07, be endorsed;
3. That staff be authorized to hold a special meeting of Council, as
required under Section 26(3)(b) of the Planning Act, in the spring of
2007 to obtain public input on revisions to the Pickering Official Plan
that may be required;
4. That staff report back on a Final Work Plan that addresses the
submissions received on the Pickering Official Plan; and
5. Further, that a copy of Report PD 04-07 be forwarded to the Region of
Durham, local municipalities in Durham Region, the Toronto and
Region Conservation Authority, the Central Lake Ontario Conservation
Authority and the Durham School Boards for information.
40
Subject: PO 04-07
Directive Memorandum
,/) ~',
;", __0( ,ti-'
~~':?;'-:(j '7
March 9, 2007
Page 2
fir
Copy: Chief Administrative Officer
City Clerk
~~C1b~~1
Debi A. Bentley
..
:3
615.. ()",
Special Council Meeting Minutes
Tuesday, May 22, 2007 4 1
7:35 pm
Council Chambers
PRESENT:
Mayor David Ryan
COUNCillORS:
D. Dickerson
R. Johnson
B. Littley
B. McLean
J. O'Connell
D. Pickles
ALSO PRESENT:
T. J. Quinn
E. Buntsma
N. Carroll
T. Melymuk
G. Paterson
D. Bentley
D. Shields
C. Rose
G. McGregor
S. Gaunt
- Chief Administrative Officer
- Director, Operations & Emergency Services
- Director, Planning & Development
- Director, Office of Sustainability
- Director, Corporate Services & Treasurer
- City Clerk
- Deputy Clerk
- Manager, Policy
- Principal Planner, Policy
- Senior Planner
(I) INVOCATION
Mayor Ryan called the meeting to order and led Council in the saying of the
Invocation.
(II) PRESENTATIONS
Mayor Ryan noted that the Special Meeting was in accordance with the
provisions of the Planning Act.
He stated that the City of Pickering Official Plan is a strategic policy document
that guides and manages growth and development while protecting the natural
and rural environments. He also noted that the Planning Act requires
municipalities to hold a special meeting of council at least once every five years
- 1 -
..
g
tlS () 7
Special Council Meeting Minutes
Tuesday, May 22, 2007
7:35 pm
Council Chambers
42
that is open to the public, to determine the need for any revisions to the Official
Plan.
Mayor Ryan stated that the first part of the special meeting would be a
presentation from city staff, followed by submissions from the public. There is no
official report and there is no recommendation being presented at this time. He
also noted that public submissions would be governed by the rules of procedure
and that delegates had 10 minutes to address council and should state their
name and address for the public record. He stated that the Planning &
Development Department would also accept written submissions up to June 30,
2007.
Mayor Ryan stated that the Planning & Development Committee would consider
the results of this initial community consultation and confirm the directions of the
Official Plan review at a future meeting planned for the Fall of 2007.
Mayor Ryan introduced Steve Gaunt, Senior Planner for the City of Pickering
who gave a presentation on the Official Plan, the process involved in the review
and the key areas of focus for the Official Plan Review.
(IV) DELEGATIONS
Members of the public were invited to present comments, ideas and issues
regarding revisions to the City's Official Plan.
Laura Gardner, 1880 Valley Farm Road, Suite 1622, questioned what was going
on with the airport lands.
Glenn Brown, 1995 Bowler Drive, questioned what had happened to plans
suggested previously. He asked what was happening with the Kingston Road
corridor and stated that he thought the City's direction was to improve the look of
Kingston Road, beautify the streetscape and wondered if that was still the City's
intentions. He also stated that more emphasis should be placed on the
community as a whole and concentrate on the concept of more public spaces
and something of interest to view as you travel through the community. He
noted that Pickering should take best practices from other communities like
Oakville.
Wolf Mueller, 2955 Altona Road, noted that Pickering should create an alternate
vision for the airport area and that Pickering should retain more open space
areas.
-2-
..
# 3 Tn
t P fJ _.ii:2:.. (J 7'.
~O;"'-"-.'''.''-."
Special Council Meeting Minutes
Tuesday, May 22, 2007, t 4 3
7:35 pm
Council Chambers
Sylvie Landry, 989 Rambleberry Avenue, stated that she was the School Board
Trustee for the French Public School Board and was interested in the Official
Plan and the process review being initiated by the City.
A resident of Greenwood stated that he really liked the Frenchmen's Bay
designed and questioned whether businesses in the area felt the model was
productive for their businesses.
A question and answer period ensued.
(V) CONFIRMATION BY-LAW
By-law Number 6758/07
Councillor McLean, seconded by Councillor Johnson, moved for leave to
introduce a By-law of the City of Pickering to confirm those proceedings of the
Council of The Corporation of the City of Pickering at its Special Meeting of May
22, 2007.
CARRIED
(VI) ADJOURNMENT
The meeting adjourned at 9: 15 pm.
DATED this 22nd day of May, 2007
MAYOR DAVID RYAN
DEBIA.BENTLEY
CITY CLERK
- 3 -
:~;;:4
Central
Lake Ontario
Conservation
if
,..,.,...........".,... j01
iRE:C'EfV'EdS'6,
MAY 2 3 2007
100 Whiting Avenue
Oshawa, Ontario
L 1 H 3T3
Tel: (905) 579-0411
Fax: (905) 579-0994
cnv OF PICKERiNG
IPt.ANNING & DEVELOPMENT
DEPARTMENT
Web: www,clocaocom
Email: mail@cloca.com
Member of Conservation Ontario
May 18,2007
[F~rQl
The Corporation of the City of Pickering
Planning Department
One the Esplanade
Pickering, ON Ll V 5K7
Attention: Miss Catherine Rose
Dear Madam:
Subject:
Pickering Official Plan Review, Items for Consideration
Central Lake Ontario Conservation Authoritv; IMS: POFG635
Thank you for providing notice of the special meeting and request for input. We wish to offer
t the following for your consideration:
Similar to TRCA, CLOCA has a new regulation as part of the Generic Regulation.
Ontario Regulation 42/06 Regulation of Development, Interference with Wetlands and
Alterations to Shorelines and Watercourses applies to some areas of Pickering that are
within this Authority's jurisdiction.
The Authority is preparing an existing conditions report as the first step in preparation of
a watershed plan for the Lynde Creek. It is anticipated that the draft report will be
released in the winter of 2007/08. Initial consultation with respect to this report will be
undertaken shortly.
The Authority has completed a draft Fish Management Plan (FMP) for CLOCA's
jurisdiction, including Lynde Creek. The FMP will be finalized this fall.
The Authority has undertaken a Landscape Analysis Model that builds upon Ecological
Land Classification data placing a value on terrestrial features based on size, scale and
matrix influences.
The Authority is undertaking a Coastal Wetland Monitoring project in association with
Environment Canada. The project includes Lake Ontario wetlands within CLOCA,
TRCA and GRCA. Within Pickering, the coastal wetlands that are being monitored
include Frenchmans Bay and Hydro Marsh.
cont'd (over).. ...2
lt11at we do on the land is mirrored in the water
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45
The Corporation of the City of Pickering
Attention: Miss Catherine Rose
Page 2
May 18, 2007
Some of the aforementioned studies are in the process of being completed or are anticipated to be
completed over the next few years. As the OP review is looking at a 3 year timeframe, it is
hoped that any pertinent recommendations arising from these studies would be available for
inclusion.
Once again we thank you for the opportunity to provide input into the review. and look forward
to working with you as the process moves forward.
Yours truly,
?11l
Ted Aikins
Planner
T Alms
cc: Toronto & Region Conservation Authority, Planning Department
G:\planning\planning\comments\2007\pickering op review issues
1+1
Transport
Canada
Transports
Canada
46
4900 Y onge Street
4th Floor
Toronto ON M2N 6A5
Your file Votre reference
May 2, 2007
RECEIVED
Our file Notre reference
5130-6-555 (PAD)
RDIMS 2353891
MAY 0 9 2007
Steve Gaunt, Senior Planner
. ..cITY OF PICKERING
Plannmg and Development Departmel\)l.ANNING & DEVELOPMENT
City of Pickering DEPARTMENT
Pickering Civic Complex
One The Esplanade
Pickering, ON L1V 6K7
Dear Mr. Gaunt:
Re: Pickerine Official Plan Review
This is in reply to a letter dated April 25, 2007, from Catharine Rose of your department,
concerning the Pickering Official Plan Review and asking for comments.
The federal Pickering Airport Site Zoning Regulations (P ASZR) came into force in
September 2005 and affect certain lands in the City of Pickering. Landowners must comply
with the PASZR which include restrictions on the following land uses: building heights;
interference with aeronautical facilities; height of natural growth; and land uses that would
attract birds hazardous to aviation safety. The P ASZR including maps and guidance
material is available on the Transport Canada website at
http://www.tc.gc.ca/OntarioRegion/pickeringlazrlenlmenu.htm.
It is recommended that you include reference to the P ASZR in the Pickering Official Plan,
so that current and future residents are aware of federal regulations that affect their lands.
Thank you for the opportunity to comment.
Yours truly,
I
.,~ r"'"~?'
,<::<'{~. ii t('. //
",<-".." '--tiki'
if . . --)
Keith Reilly
Civil Aviation Safety Inspector
Aerodromes and Air Navigation
Ontario Region
Telephone: 416-952-7254
Facsimile: 416-952-0050
Canada
www.tc.gc.ca
/'
fL'?
.51S-.07
47
June 13,2007
Mr. Steve Gaunt,
Senior Planner
City of Pickering
Planning & Development Department
One The Esplanade
Pickering, ON
L 1 V 6K7
Dear Mr. Gaunt:
RE: City of Pickering Official Plan Review
Your File: D 2000-002
Our File: PAR 8718
We are in receipt of notice of the Official Plan review for the City and have the following
comments.
First, we appreciate the City's consideration of TransCanada's concerns and interests
within the municipality. TransCanada has two high pressure natural gas pipelines within
our right-of-way which crosses through the City. Any development within 200 metres of
TransCanada's facilities may affect the safety and integrity of those facilities.
TransCanada Pipelines is regulated by the National Energy Board which is a federal
body. The National Energy Board Act and its regulations provide the municipality with
the opportunity to ensure its interests are represented when any new facilities are
proposed.
TransCanada's main goal is for landowners and developers to be aware of their facilities
and know when they are required to contact TransCanada. It is important for developers
to consult with us during the conceptual stage of development to ensure that any new
development near the pipeline meets the National Energy Board's and TransCanada's
requirements. We would appreciate a policy in the Plan encouraging early consultation.
We also request a 7 metre setback from the limits of TransCanada' s right of way for all
permanent structures and excavations. Some sample wording for such a clause is
provided below. The following is standard wording suggested for use in Official Plans
and is provided for your consideration.
"TransCanada PipeLines Limited operates two high pressure natural gas
pipelines within its right-of-way which crosses the City and is identified on
Authorized commenting Agency for
MERIDIAN
I\NIN'GCDltWLWrfT1._
113 Collier St.,
Barrie, ON L4M 1 H2
(705) 737-4512
<t~ !~~~~~:e~da
48
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G15' () 7
2
Schedule _ to this Plan. Any development within 200 metres of TransCanada 's
facilities may affect the safety and integrity of the pipeline.
TransCanada is regulated by the National Energy Board which, in addition to
TransCanada, has a number of requirements regulating development in proximity
to the pipelines. This includes approval requirements for activities on or within 30
metres of the right-ofway such as excavation, blasting and any movement of
heavy equipment. New development can result in increasing the population
density in the area that may result in TransCanada being required to replace its
pipeline to comply with the CSA Code Z662. Therefore, the City shall require
early consultation with TransCanada or its designated representative for any
development proposals within 200 metres of its facilities.
A setback of 7 metres shall be maintained from the limits of the right-ofway for
all permanent structures and excavations. A reduction in the 7 metre setback will
only be considered if it can be demonstrated, to TransCanada's satisfaction, that
it will not compromise the safety and integrity of the pipeline and if all necessary
municipal approvals are obtained.
In areas of more urban development, the City will encourage the development of
TransCanada's right-ofway for passive parkland or open space purposes subject
to TransCanada's easement rights ".
We would appreciate receiving a copy of the adopted Official Plan. If the Plan can be
provided either by em ail to darlene(@meridianplan.ca or by fax at 705-737-5078 it would
be greatly appreciated. If you have any questions, please do not hesitate to contact our
offices.
Sincerely,
~~
Darlene Truax,
Planning Coordinator
Authorized commenting Agency for
"""\
/ l~lQ!~M
'""......,/;
113 Collier St.,
Barrie, ON L4M 1 H2
(705) 737-4512
~~
TransCanada
Jr:' busll'Je:sr !orJ'2hv"'~r
The Regional
Municipality
of Qurham
Planning Department .
605 ROSSLAND ROAD E
4TH FLOOR
PO BOX 623
WHITBY ON L 1 N 6A3
CANADA
905-668-7711 .
Fax: 905-666-6208
E-mail: planning@
region.durham.on:ca
www.region.durham:on.ca
A.L. Georgieff,MCIP, RPP
Commissioner of Planning
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.;2.5- 0 7
49
June 1, 2007
Catherine'Rose, MCIP, RPP
Manager, Policy
City of Pickering
One The Esplanande
Pickering, ON L 1V 6K7
RECEIVEP
';11\\' [J' l:; 2f}07
,jvH oJ .\./
"'1TYOF PICKERiNG
i;;.ANN1NG & DEV~LOfl\VIENT
. OEPARTMeNT
Dear Ms. Rose'
RE: City of Pickering Official Plan Review
,Municipality: City of Pickering
J am writing in 'response to your letter dated April 25, 2007, regarding the
City initiating' a review of the Pickering Official Plan~
Regional staff are very interested in working with the City of Pickering on
the Official Plan review and offer assi~tancein matters of Regional and
Provincial interest. Tothis.end, we arecu~rently reviewing the preliminary
workplan and would like to meet with City staff.to better understand the
. various planning issues to be addressed and related timelines.
. Dwayne Campbell, Planner in this department, has been assigned to this
project. Dwayne will contact Steve Gaunt to determine a suitable date
and time for an initial meeting. .
If you have any questions or concerns, please dO. not hesitate to call me.'
Yours truly,
~er
Current Pla'lning
Copy: Dwayne Campbell, Planner
Steve Gaunt",?, Qity of Pickering
*
.100% Posl Consumer
MIoRO.
g
f',i, ,0 s;Z57
Barbara Leonhardt
Director
Ted Tyndorf, Chief Planner & Executive Director
City Planning Division
Policy and Research
Metro Hall
55 John Street
22nd Floor
Toronto ON M5V 3C6
Tel: 14161392-8148
Fax: 14161 392-3821
Refer to: Peter Moore at (4161 392-8806
E-mail: pmoore@toronto.ca
www.toronto.ca/planning
50
July 18th 2007
Steve Gaunt, Senior Planner,
Pickering Planning and Development Department,
Pickering Civic Complex,
One The Esplanade,
Pickering ON LIV 6K7
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J'o~
RECEIVED
Dear Mr. Gaunt,
JUL 2 3 2007
CITV OF PICKERING
PLANNING & DEVELOPMENT
OEPARTMENT
Re: Pickering Official Plan Review
We have reviewed your staff report (PD 04-07).
We agree with the general thrust of the proposed OP Review, with its emphasis on sustainability.
At this stage I'd like to note a number of 'housekeeping' items, most of which relate to
transportation:
.
All references to the City of Scarborough and Metropolitan Toronto will need to be updated to
recognize the new City of Toronto [Policy 4.6 (e)(iii), for example].
Policy 4.14 (e) concerning the Highway 401-407 link west of the Rouge River is redundant
now that York Region has carried out the cited EA study.
In Policy 4.15 I believe that the Region of Durham has removed the connections of Rossland
Road to Finch A venue and of Bayly Street to Lawrence A venue from its Plan. The remaining
deferred policies remain to be resolved in connection with Provincial and Federal Government
planning in the north to central Pickering area.
Policy 4.16 is also redundant in light of changes to the Durham Plan and the approval of the
City of Toronto Official Plan which does not designate Twyn Rivers Drive and Finch A venue
through Rouge Park as Major Streets on Map 3.
Schedule II, Transportation System Map, will need major editing to conform to the upper tier
Plans. The City of Toronto supports GO Transit service on the CP Seaton corridor and the
designation of a station in the Brock Road vicinity, as proposed in the Central Pickering
Development Plan.
.
.
.
.
.>1
f
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· There are some disagreements with respect to road rights-of-way across the common boundary
as follows:
Road Name
Townline Road
City of Toronto OP
27 m [by Site Specific
Policy 141 (d), 27 m r-o-w
will not be used for 4 lane
roads]
36m
Steeles Avenue
Taunton Road
City of Pickering OP
Type B arterial - 30 to
36m
51
Type A arterial - 36 to
SOm
27 m [by Site Specific
Policy 141 (d), 27 m r-o-w
will not be used for 4 lane
roads]
Twyn Rivers Drive - 20 m Type C arterial - 26 to
Sheppard A venue 30 m
Apart from Steeles A venue, roads passing through Rouge Park are intended to remain rural in
nature and have the right-of-way beyond two traffic lanes used for bicycle and pedestrian
facilities.
Finch Avenue
Type B arterial - 30 to
36m
Also, the rights-of-way for arterial roads in Policy 4.10 seem excessive to us, though we recognize
they may stem from the Durham OP. We support Policy 4.11, which seeks to reduce rights-of-way
where possible.
Please keep me informed of progress on the Review. I particular, I would appreciate being able to
review proposed amendments. At this stage, however, I don't anticipate any major disagreements or
issues arising from the Review.
Best wishes for your OP Review.
2
,9
\lid.$" () '7
July 24, 2007
52
The Corporation of the City of Pickering
Planning and Development Department
One The Esplanade
Pickering, ON
L 1 V 6K7
Attention:
Ms. Catherine Rose, MCIP, RPP
Manager, Policy
Dear Madam:
Re: City of Pickering Official Plan Review
We represent Runnymede Development Corporation and Tribute Communities
with respect to various lands they own in the City of Pickering. We have been
participating in the ongoing review of the City of Pickering Official Plan and thank
you for the opportunity to provide input into this process at such an early stage.
It is our opinion that the City of Pickering is uniquely located in the Region of
Durham to accommodate a significant amount of new growth within the Region.
The following advantages arise both from geography and policy.
1. Pickering abuts both the City of Toronto and York Region, providing a
link for residential and employment growth opportunities. A review of
any municipality location adjacent to the City of Toronto demonstrates
that there is considerable growth in terms of both population and
employment
2. The City has direct access to markets via both Highway 407 and 401.
The only Durham municipality with this circumstance.
3. Pickering Town Centre has been designated an urban growth centre
in the Places to Grow Plan, one of only two in Durham Region.
4. Water and sewer infrastructure is poised to be provided to large areas
of Pickering allowing for new growth to occur.
Pickering Planning staff has taken a consistent approach to growth in the
municipality in their response to numerous regional and provincial planning
initiatives. We agree with the approach that has been taken, most notably as
expressed in Report No. PO 24-06, from March 2006 in response to Regional
plan initiatives, which recommends that lands in the northeast area of Pickering
which are outside the Greenbelt be designated for future urban growth in order to
accommodate Pickering's growth potential.
It is our opinion that Pickering, more than most lakeshore municipalities in
Durham. has the potential to accommodate new growth anticipated by the
province in its forecasting and by Durham in its forecasting. Although some
Walker, Nott, Dragicevic
Associates Limited
Planning
Urban Design
Environmental Assessment
~
172 SI. George Street
Toronto, Ontario
M5R 2M?
Tel. 416/968-3511
Fax. 416/960-0172
e-mail: admin@wndplan.com
web: www.wndDlan.com
Paler R. Walker, FCIP, RPP
WIndy NOlI. FCIP, RPP
Robart A. Dralllcavlc, MCIP. RPP
Gregory J. Daly, MCIP. RPP
Principals
Jaaon C. Wu, MRAIC. OM
Associate Pmcipal
Mirth. Colfey
ConlroHer
9
,95. 07
Catherine Rose
July 24, 2007
Page 2
I
531
I
Jakeshore municipalities have experienced higher rates of growth in the
immediate past, this is the result of constraints on Pickering that are poised to be
eliminated.
In addition, a potential extension of Highway 407 through whitebelt areas of a~
Pickering necessitates a local planning response. Provincial policy anticipates /~
efficient use of infrastructure, and with expenditures like the 407, comes an ::;/;:
obligation to ensure that land use activities in proximity are provided for which W .~
support intensified use of land and the development of complete communities ~.~
providing for a full range of opportunities to residents and workers. ~ ~
The current Official Plan review must, in our opinion, address these opportunities -.
and provide a framework for growth within this area. Y
In addition, the Official Plan review should assess how urban land supply is
calculated. It is our opinion that increasing amounts of area are being requested
to be set aside for environmental protection purposes. The result is that the
actual amount of land available for development is less. Pickering should
consider applying a standard of approximately 50% of gross land area being set
aside in order to better link real land need with supply.
We look forward to working with you to process and decide upon these matters.
Should you have any questions or comments, please feel free to contact us at
any time.
Yours very truly,
WALKER, NOTT, DRAGICEVIC ASSOCIATES LIMITED
Planning' Urban Design' Environmental Assessment
;t1l1
Gregory J. Daly MCIP RPP
Principal
ce. L. Stocco. Tribute Communities
R. Miller, Runnymede Development Corporation
C. Barnett, Davis and Co.
54
,
"
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May 23, 2007
RECEIVED
MAY 2 8 2007
CITY OF PICKERING
r;LANNING & DEVEL.OPMENT
DEPARTMENT
Ms. Catherine Rose, MCIP, RPP
Manager, Policy
City of Pickering
Planning & Development Department
Pickering Civic Complex
One The Esplanade
Pickering, ON L 1V 6K7
Dear Ms. Rose:
Subject:
Pickering Official Plan Review
Notice of Special Meeting of Council and Request for Comments
File: D 2000-002
The Union of Ontario Indians is in receipt of your letter dated April 25, 2007 with
respect to the above noted initiative of the City of Pickering. Your letter outlines
some minor details to identify a number of matters requiring review,
This letter re-confirms that under no circumstance should any of the
correspondence exchanged between representatives from this organization and
the City of Pickering related to the above noted initiative be characterized or
construed as a consultation with this organization, its member First Nations or the
members of those First Nations. This letter shall serve as evidence that there was
no consultation.
We maintain that aboriginal and treaty rights and any First Nations' interest in its
traditional territory, including its resources, cannot be abrogated, derogated or
infringed in any way by any government legislation, regulation, policy or initiative.
Section 35 of the Constitution Act, 1982 recognizes and affirms aoriginal and treaty
rights, and in doing so, it protects both the content of these rights and requires a
process of consultation and accommodation.
According to recent decisions of the Supreme Court of Canada, in order to trigger
constitutional obligations around meaningful consultation and accommodation,
First Nations are not required to prove the existence of section 35 rights in a court
of law. Instead, First Nations must demonstrate a "prima facie" case for the
existence of a section 35 right.
UNION OF ONTARIO INDIANS
Head Office: Nipissing First Nation, P.O. Box 711, North Bay, ON P1B 8J8 Phone: (705) 497-9127 Fax: (705) 497-9135
@
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t9 5-v 7
55
In light of the high standard that has been set in law and by the Courts for
governments to consult with First Nations, we are recommending that you meet
with all Anishinabek First Nation communities whose traditional territory may be
affected by this initiative. It is only through direct discussions with Anishinabek
First Nation communities that you will be able to work towards the development of
a meaningful consultation process with each individual First Nation.
However, your correspondence on the above issue is not satisfaction of any legal
obligation of the government to consult with First Nations.
Yours truly,
c::::~
Aiian Dokis
Intergovernmental Affairs Director
MNJIKANING
FIRST NATION
j/~ if'
c?$' 07
56
RECEIVED
Offi(e of t~e C~ief and Coundl
April 30, 2007
MAY 0 2 2007
CITY OF PICKERING
PLANNING & DEVELOPMENT
DEPARTMENT
City of Pickering
Planning & Development Department
Pickering Civic Complex
One The Esplanade
Pickering, ON
Ll V 6K7
Attention: Catherine Rose, MCIP, RPP, Manager, Policy
Re: Pickering Official Plan Reveiw
Dear Ms. Rose:
As a member of the Williams Treaties First Nations, Rama Mnjikaning First Nation
acknowledges receipt of your letter of April 25, 2007, which was received on April 27, 2007.
C7
A copy of your letter has been forwarded to Karry Sandy, Barrister & Solicitor, Coordinator
for Williams Treaties First Nations for further review and response directly to you. Ms.
Sandy's address is 8 Creswick Court, Barrie, ON L4M 2]7 and her telephone number is
(705) 792-5087.
We appreciate your taking the time to share this important information with us.
Sincerely,
c~n~ c9f~/1I
c: Council
Jeff Hewitt, General Counsel
Karry Sandy, Barrister & Solicitor
SSH/ sw
5884 Rama Road, Suite 200, Rama, Ontario LOK ITO - (705) 325-3611 - Fax (705) 325-0879
A proud progressive Native community
General Counsel Public Works Health Centre Lands & Membership Seniors Complex Waste Water Treatment Centre
Fax: 325.4841 Fax: 327-5S86 Fax: 329-0613 Fax: 325-9664 Fax: 327-5823 Fax: 326-8669
Mnlikaning Kendaaswin Social Services Fire Department Education Water Treatment Centre Facilities Management
Elementary School Fax: 329.3067 Fax: 325-9528 Fax: 326-2146 Fax: 325-1092 327-7697
Fax: 327-7029
-
ttt. SIX lATIONS COtnfCIL . m
_I
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57
May 16, 2007
.- ~ '\j" "E~'" D
!.t:");..... i:..... .C:. or".... "iJ:. . '.
~f'l ~ . ~.' . ~
Catherine Rose
Manager, Policy
City of Pickering
Planning & Development Department
Pickering Civic Complex
One The Esplanade
Pickering, ON LIV 6K7
~ , '10"'0'"
,JUN I it L U!
CrfV OF PICKERII'IG
PLANNING & DEVELOPMENT
DEPARTMENT
Dear Ms. Rose:
Re: Pickering Official Plan Review Notice of Special Meeting of Councll and Request for
Comments
The Six Nations of the Grand River (Six Nations) has received notification for the review of the
it Pickering Official Plan.
Six Nations' cultural, sustenance and other rights are recognized by the Province of Ontario by
way of the 1701 Treaty of Fort Albany. Six Nations' rights and interests in relation to lands six
miles either side of the Grand River (the Grand River Tract) was also confirmed by way of
treaty, through the Haldimand Proclamation.
At this time we have no further comment with regards to this application. For further
information, please do not hesitate to contact Kate Cave, Land Use Supervisor, (519) 753-2272.
We appreciate the City of Pickering for informing Six Nations of this review.
Respectfully Yours,
. tt~~
I~ Montour, Chair
ations Lands and Resources Committee
NATIONS OF THE GRAND RIVER
cc: Mr. Paul General, AlDirector: Six Nations Lands and Resources
Mr. Leroy Hill, Secretary: Confederacy Council of the Grand River
Minister David Ramsay, Ontario Ministry of Aboriginal Affairs and Natural Resources
Minister Jim Prentice, Indian and Northern Affairs Canada
This letter is without prejudice to the positions that Six Nations has and may take in respect to its claims
and litigation in relation to the Six Nations Tract! Haldimand Proclamation Lands.
;'C.,." ,',.^ r""1 JI /3
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58
Association of Iroquois and Allied Indians
Ontario Environmental Assessment Act
Fax Back Form
Date: July 13th
Catherine Rose, MCIP, RPP
Manager, Policy
City of Pickering
Planning and Development Department
(905) 420 7648
Re:
Pickering Official Plan Review
Notice of Special Meeting of Council and Request for Comments
File: D 2000~002
We are in receipt of documentation produced under the Ontario Environmental Assessment Act for our
review and comment. Please accept this letter as a response to your invitatlon and not an act of
consultation. We cannot and do not consider this response letter to be consultation as we ~re not
mandated to consult on behalf of our member nations. Our involvement as a representative for the First
Nations occurs when invited by one of our member First Nations to do so. Consultation should always
occur with the First Nation(s) specifically impacted.
As an association, we understand that your role in the environmental assessment process is primarily
technical and that our concerns, which are Aboriginal rights. socio-economic and indigenous
knowledge-based. are to fit within established scientific, technological and policy frameworks established
by the Province of Ontario. We are of the view that this framework is invalid as it has been developed
without input or consultation with First Nations.
Our organization receives no federal or provincial funding in helping to facilitate a mutual understanding of
environmental concerns between proponents and our member First Nations. Based on this lack of
understanding, funding and resources, we are only able to state that we do have member First Nations
whose traditional hunting and gathering areas may be affected by this project.
Our organization and Member Nations are usually open to participating in sustainable planning processes.
However, the current federal and provincial practices in this policy area are left to the goodwill of
proponents, in terms of collaborating with First Nations, and in identifying potential First Nation issues and
incorporating these into the overall planning processes.
Aboriginal people are listed as "stakeholders" in en\liranmental assessment processes, however this is
only partially correct. First Nations people have collecti\l8 constitutional rights, including land rights,
hunting, gathering and fishing rights. The practice and recognition of these rights in southern and central
Ontario is an outstanding issue between the provincial and federal governments and our member Nations.
Therefore, in proposed land use situations, First Nations can seek legal remedies before the courts,
including legal injunctions and other judicial intervention.
GI3/I13 39'i1d
I'i1Il;;I
ES91-5L9-51S
BE:GI LI3I3G/EI/90
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c'() 5" L) 7
Our comments on documents produeed under the current Environmental Assessment Act are as follows:
It is our experience that when First Nations are approached respectfully and referenced in an
appropriate way, that this overall approach tends to lead to more positive dialogue.
. We currently do not have the capacity to address the methodology developed for the site selection
criteria and technological alternatives, at this particular time. The Proponent should use discretion
in considering the selection of a site and technology that may interfere with the exercise of First
Nations rights, including treaty and rights to access to wild game, water, plants, fish and
ceremonial areas etc. Consideration should be put towards treaty boundary lines, real and
potential land claims, and First Nations communities in the surrounding area.
59
.
. While the provincial EA legislation and EA practice may put the onus on the Proponent to consult
First NaUons, federal and provincial Crowns do have a constitutio-nal obligation to uphold the rights
of First Nations, and a duty to consult. The provincial and federal governments may not be
forthcoming regarding this duty, as this duty currently exists in common law and is not reflected in
Ontario EA legislation; Which needs to be updated.
. As a safeguard, we suggest that First Nations be directly involved in the development and
application of the Terms of Reference to accommodate for any potential First Nation intervention
or interests. This approach would be ideal for addressing any First Nation issues that may arise.
F'or example, where there may be archaeological discoveries at a site, First Nations customs vary
and the Propenent should be ready to address that situaUon with the appropriate First Nations, in
an innovative or other culturally appropriate manner.
. Based on archeological finds, it may be necessary to consult with other First Nations that have not
been presently identified by the Ministry of the Environment or the Ontarie Aboriginal Affairs
Secretariat. First Nations that currently reside in the Province of Quebec may also have an
interest in projects located in Ontario.
We thank you for taking the time to contact our organization and regret that we are not able to provide you
with more assistance. If you have further Cluestions or concerns please contact our office at (519)
434-2761.
Sincerely,
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Adriana Paulette B.A., M.A.
Senior Policy Analyst and Government Relations Advisor
The Association of Iroquois and Allied Indians
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60
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Gaunt, Steve
From: Melymuk, Thomas
Sent: April 30, 2007 11 :52 AM
To: Gaunt, Steve
Cc: Carroll, Neil; Rose, Catherine; Taylor, Lynda; Taylor, Ron; Winterstein, Lynn
Subject: OP Review - your request for comments
Steve - further to your memo of April 11, requesting comments on the OP Review, I have a quick question for
you.
I note in your memo that work to be done in 2007 includes amendments related to the "Sustainable
Neighbourhood Design Guidelines." I also note that P&D Report PO 14-07 (which is going to Council on May 7)
includes a recommendation directing staff to initiate the required policy changes connected with 8ill51 including
those related to "external/sustainability design elements." Will these two matters be integrated such that all
necessary OP sustainability policies are dealt with be Council at the same time (I think this would be desirable).
The sooner we add these policies to the OP the better, and a single amendment makes more sense than two or
three separate amendments dealing with the issue of sustainability.
Tom
30/04/2007