HomeMy WebLinkAboutPD 33-09
82
Ctrs o¢~ REPORT TO
PLANNING & DEVELOPMENT
~ COMMITTEE
I KERING Report Number: PD 33-09
Date: December 7, 2009
From: Neil Carroll
Director, Planning & Development
Subject: Required Municipal By-law Amendments
Oak Ridges Moraine
City of Pickering
Recommendation:
1. That Report PD 33-09 of the Director, Planning & Development, be received;
2. That amendments to the following Municipal By-laws be forwarded to City
Council for enactment in order to protect the ecological integrity of the Oak
Ridges Moraine:
(a) the Tree Protection By-law 6108/03 to reflect the natural heritage features
within the Oak Ridges Moraine as set out in Appendix I to Report PD 33-09;
(b) the Fill and Topsoil Disturbance By-law 6060/02 to reflect the landform
conservation areas within the Oak Ridges Moraine as set out in Appendix II
to Report PD 33-09;
(c) the Site Plan Control Area By-law 1079/80 to require site plan approval for
detached dwellings and accessory structures as set out in Appendix III to
Report PD 33-09; and
3. That the City Clerk forward a copy of Report PD 33-09 to the Ministry of
Municipal Affairs and Housing, the Region of Durham and the Toronto and
Region Conservation Authority.
Executive Summary: The Province, through legislation, released the.0ak Ridges
Moraine Conservation Plan in 2002 to guide land use on the Oak Ridge Moraine. The
Provincial Plan is an ecological-based plan that provides protection of key natural
features and water resources on the Moraine. Municipalities are required to implement
the Plan through their planning documents and when making decisions on development
applications within the Moraine.
In 2006, Council adopted amendments to the Pickering Official Plan and Zoning By-law
3037 to implement the Oak Ridges Moraine Conservation Plan. The Minister of
Municipal Affairs and Housing, the approval authority for the Oak Ridges Moraine
conforming amendments, approved Amendment 15 to the Pickering Official Plan on
August 30, 2007 and Zoning By-law 6640/06 on October 22, 2009. New Oak Ridges
Moraine zoning categories and development provisions consistent with the Oak Ridges
Moraine policies in the Official Plan are now in full force and effect.
Report PD 33-09 December 7, 2009
Required Municipal By-laws for the Oak Ridges Moraine Page 2 3
It should be noted that where possible, the permitted uses under the Oak. Ridges
Moraine zoning categories remain the same as the uses that were permitted in
By-law 3037.
As part of the approval of Amendment 15, Council also directed staff to update the City's
Tree Protection By-law and the Fill and Topsoil Disturbance By-law to incorporate
natural heritage features such as significant woodlands and the landform conservation
areas shown in Amendment 15. In addition, Amendment 15 included new site plan
control provisions requiring development applications in the Oak Ridges Moraine to
obtain site plan approval where the proposal is within 120 metres of any key natural
heritage feature and/or hydrologically sensitive feature.
It is therefore necessary that Council adopt amendments to the City's Tree Protection
By-law, Fill and Topsoil Disturbance By-law and Site Plan Control Area By-law.
Financial Implications: No direct costs to the City.
Sustainability Implications: The amendments to the Tree Protection By-law, Fill and
Topsoil Disturbance By-law and Site Plan Control Area By-law supports the City's
environmental objective regarding the protection of the natural environment and is
consistent with the Oak Ridges Moraine Conservation Plan, Amendment 15 to the
Pickering Official Plan, and Oak Ridges Moraine Zoning conformity By-law 6640/06.
1.0 Background:
1.1 In 2007, the Province approved Amendment 15 to the Pickering Official
Plan to implement the Oak Ridges Moraine Conservation Plan
On August 30, 2007, the Province approved Amendment 15 to the Pickering
Official Plan that implements the Oak Ridges Moraine Conservation Plan. The
amendment included: the Oak Ridges Moraine boundary and land use
designations on the schedules, environmental policies to protect the ecological
integrity of the Oak Ridges Moraine and new schedules to reflect natural heritage
features and hydrologically sensitive areas, aquifer vulnerability and landform
conservation areas.
1.2 In 2009, the Province approved Zoning By-law 6640/06 that establishes new
land use zones and development restrictions consistent with the Oak
Ridges Moraine Conservation Plan and Amendment 15
On October 22, 2009, the Province approved Zoning By-law 6640/06 that
implements the Oak Ridges Moraine Conservation Plan and Amendment 15 to
the Pickering Official Plan.
Report PD 33-09 December 7, 2009
Required Municipal By-laws for the Oak Ridges Moraine Page 3
84
The Zoning By-law establishes new land use zones and development restrictions
to protect the key natural heritage and hydrologically sensitive features and adds
the Oak Ridge Moraine boundary on the schedules. Provincial approval of the
City's Oak Ridges Moraine Zoning By-law was given with the understanding that
complementary Municipal By-laws would also be amended.
1.3 Update to the City's Tree Protection By-law, Fill and Topsoil Disturbance
By-law and Site Plan Control Area By-law are required for lands within the
Oak Ridges Moraine
As part of the approval of Amendment 15, Council also directed staff to update the
City's Tree Protection By-law and the Fill and Topsoil Disturbance By-law (see
Attachment #1 - Council Resolution 10/06). The amendment to the Tree
Protection By-law brings the natural heritage features within the ORM, (such as
significant woodlands) under the protection of the By-law. The amendment to the
Fill and Topsoil Disturbance By-law brings the landform conservation areas within
the Oak Ridges.Moraine under the protection of the By-law.
Amendment 15 also included new site plan control provisions requiring
development applications to obtain site plan approval where the proposal is
within the Minimum Area of Influence (120 metres) of any key natural heritage
feature and/or hydrogically sensitive feature. It is anticipated that there will be
very few site plan applications on the Moraine. The site plan review process for
these applications will be conducted by staff in conjunction with the building
permit review process. Staff will develop a review protocol and establish a
review fee which will be added to the Planning & Development Schedule of
Application Fees.
2.0 Recommendations:
2.1 Amendments to the Tree Protection By-law and associated screening map,
Fill and Topsoil Disturbance By-law and new landform conservation map
and Site Plan Control Area By-law have been prepared
In keeping with Council's direction, amendments to the Tree Protection By-law and
associated screening map, Fill and Topsoil Disturbance By-law and new landform
conservation map and Site Plan Control Area By-law have been prepared to
ensure that proposed development does not adversely affect the ecological
integrity of the Oak Ridges Moraine (see Appendices I, II, and III to Report
PD 33-09). These draft By-laws have been prepared in consultation with the City
Clerk, City Solicitor and the Ministry of Municipal Affairs and Housing.
It'is therefore recommended that Council approve the amendments to the City's
Tree Protection By-law, Fill and Topsoil Disturbance By-law and Site Plan
Control Area By-law and that the amending by-laws be forwarded to Council for
enactment.
Report PD 33-09 December 7, 2009
Required Municipal By-laws for the Oak Ridges Moraine Page 4
85
APPENDICIES:
Appendix I: Draft Tree Protection By-law
Appendix 11: Draft Fill and Topsoil Disturbance By-law
Appendix III: Draft Site Plan Control Area By-law
Attachments:
1. Council Resolution #10/06
Prepared By: Approved/Endorsed By:
2S %&pat
Grant McGregor, MCIP, RPP Neil Carr RPP
Principal Planner - Policy Director, Planning & Development
Lynda/Taylor, MCIP, RPP
Manager, Devel ment Review
GM:ld
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City Council
C
Thomas J. O uin , RDM M III
Chief Administra ive Officer
86
APPENDIX I TO
Report PD 33-09
DRAFT
TREE PROTECTION BY-LAW
87
THE CORPORATION OF THE CITX40F PICKERING
BY-LAW .Q'. AFA9
Being a By-law to amend the Tree Protection By-law
WHEREAS the Council of The Corporation of the City of Pickering passed By-law
6108/03 to prohibit and regulate the injuring, destruction or removal of trees in defined
areas of the City of Pickering; and
WHEREAS the Minister of Municipal Affairs and Housing approved Amendment 15 to
the Pickering Official Plan to implement the Oak Ridges Moraine Conservation Plan;
and
WHEREAS an amendment to the City of Pickering Tree Protection By-law 6108/03 is
required to identify key natural features within the Oak Ridges Moraine that are subject
to the Tree Protection By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. The words Oak Ridges Moraine Area" shall be added following the words
"Wetlands" in the definition of "Tree Protection Area" in clause (e) of Section 1 of
By-law 6108/03.
2. Schedule "A" to By-law 6108/03 is hereby revoked and replaced with Schedule
"A" attached hereto.
3. This by-law shall come into effect on the day of its passing.
BY-LAW read a first, second and third time and finally passed this 21st day of
December, 2009.
David Ryan, Mayor
Debbie Shi416, (Acting) City Clerk
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APPENDIX II TO
Report PD 33-09
DRAFT
FILL AND TOPSOIL DISTURBANCE BY-LAW
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /09
Being a By-law to amend the Fill and Top Soil
Disturbance By-law
WHEREAS the Council of The Corporation of the City of Pickering passed By-law
6060/02 to prohibit or regulate the placing or dumping of fill, the removal of top-soil and
the alteration of the grading of land; and
WHEREAS the Minister of Municipal Affairs and Housing approved Amendment 15 to
the Pickering Official Plan to implement the Oak Ridges Moraine Conservation Plan;
and
WHEREAS an amendment to By-law 6060/02 is required to add additional provisions
respecting Landform Conservation Category 1 and Category 2 within the Oak Ridges
Moraine Area of the City;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. By-law 6060/02 is amended by adding the following section:
5.1 Notwithstanding the exemptions described in section 2 of this by-law, no
person or corporation shall remove or cause the removal of any topsoil,
place or dump fill, or grade or perform any other land disturbance or land
fill activity on or from any of the lands identified as Landform Category 1
and Landform Category 2 on Schedule D except in accordance with a
permit issued under this by-law.
2. Section 10 of By-law 6060/02 is deleted and the following sections substituted:
10.1 Where the land is within Landform Category 1 or Landform Category 2 on
Schedule D, the Director shall not issue a permit unless all of the following
additional requirements have been complied with:
a) All significant landform features such as steep slopes, kames,
kettles, ravines and ridges must be maintained in their natural
undisturbed form.
b) The portion of the net developable area (as defined in the Oak
Ridges Moraine Conservation Plan) of the site being disturbed
cannot exceed 25 per cent of the total area of the site, and the net
developable area of the site that has impervious surfaces cannot
exceed 15 per cent of the total area of the site for areas shown as
Category 1 Areas.
By-law No. Page 2
c) The portion of the net developable area (as defined in the Oak
Ridges Moraine Conservation Plan) of the site being disturbed
cannot exceed 50 per cent of the total area of the site, and the net
developable area of the site that has impervious surfaces cannot
exceed 20 per cent of the total area of the site for areas shown as
Category 2 Areas.
10.2 The Director shall not issue a permit unless the land use to which the
proposed work pertains is permitted by the applicable by-laws passed
under the Planning Act.
2. By-law 6060/02 is hereby amended by adding Schedule D as attached to this
By-law.
3. This By-law shall come into effect on the day of its passing.
BY-LAW read a first, second and third time and finally passed this 21 st day of
December, 2009.
David Ryan, Mayor
Debbie Shields, (Acting) City Clerk
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APPENDIX III TO
Report PD 33-09
DRAFT
SITE PLAN CONTROL AREA BY-LAW
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. /09
Being a By-law to amend the City of Pickering's
Site Plan Control Area
WHEREAS the Council of The Corporation of the Town of Pickering passed By-law
1079/80 pursuant to the provisions of the Planning Act to designate the whole of the
City of Pickering as a site plan control area; and
WHEREAS the Minister of Municipal Affairs and Housing approved Amendment 15 to
the Pickering Official Plan to implement the Oak Ridges Moraine Conservation Plan;
WHEREAS the Oak Ridges Moraine Conservation Plan requires buildings and
accessory structures proposed within 120 metres of any key natural feature or
hydrologically sensitive feature on the Oak Ridges Moraine to obtain site plan approval;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. By-law 1079/80 is amended by adding the following section:
2. Drawings mentioned in Subsection 41(5) of the Planning Act R.S.O. 1990,
c.P.13, shall be required for all buildings or structures requiring a building
permit that are located within 120 metres of any key natural feature or
hydrologically sensitive feature on the Oak Ridges Moraine as identified in
the Pickering Official Plan (Schedule 1, Sheet 2 and Sheet 3).
2. This by-law shall come into effect on the day of its passing.
BY-LAW read a first, second and third time and finally passed this 21st day of
December, 2009.
David Ryan, Mayor
Debbie Shields, (Acting) City Clerk
"ANT #e~TO
# PD 33 -coq „ -
CORPORATE SERVICES DEPARTMENT
CLERKS DIVISION F ~ Please action as required/
-1G clerk to Action - Copy of
DIRECTIVE MEMORANDUM Correspondence to Follow
Receive as Information
March 7, 2006
To: Neil Carroll
Director, Planning & Development MAR 0 8 ?QU6
From: Debi A. Bentley CITY OF pCJ<E:RING
PLANNING & DEVELOPMENT
City Clerk DEPARTMENT
Subject: Direction as per Minutes of the Meeting of City Council
held on March 6, 2006
Director, Planning & Development, Report PD 07-06
Official Plan Amendment Application OPA 05-001/P
Amendment 15 to the Pickering Official Plan
Zoning By-law Amendment Application A 16/05
Amending By-law to amend Zoning By-law 3037
City Initiated: Oak Ridges Moraine Conformity Exercise
City of Pickering
COUNCIL DECISION RESOLUTION #10/06
1. That Council receive Report PD 07-06 on Official Plan Amendment Application
OPA 05-001/P (now Amendment 15 to the Pickering Official Plan), and Zoning
By-law Amendment Application 16/05, City Initiated: Oak Ridges Moraine
Conservation Plan Conformity Amendments;
2. (a) That Official Plan Amendment Application OPA 05-001/P, initiated by the
City of Pickering, to implement the Oak Ridges Moraine Conservation
Plan for lands within the Oak Ridges Moraine Area, be approved as set
out in Exhibit "A" to Appendix I to Report PD 07-06;
(b) That the draft by-law to adopt Amendment 15 to the Pickering Official
Plan, to implement the Oak Ridges Moraine Conservation Plan, be
forwarded for enactment to Council as set out in Appendix I to Report PD
07-06;
3. (a) That Zoning By-law Amendment Application A 16/05, initiated by the
City of Pickering, to implement the Oak Ridges Moraine Conservation
Plan for lands within the Oak Ridges Moraine Area, be approved as set
out in Appendix II to Report PD 07-06;
(b) That the amending by-law to amend Zoning By-law 3037, as amended, to
implement the Oak Ridges Moraine Conservation Plan, be forwarded for
enactment to Council as set out in Appendix 11 to Report PD 07-06;
TO
'.a REPOR7 # PE' Cif
Directive Memorandum Page 2
4. That the Oak Ridges Moraine Conformity Amendments, Amendment 15 and the
amending by-law to amend Zoning By-law 3037, be forwarded for approval by the
City Clerk to the Ministry of Municipal Affairs and Housing;
5. That Council adopt Informational Revision 13 as set out in Appendix III to Report
PD 07-06 for inclusion in the Pickering Official Plan;
6. That Council request the Ministry of Municipal Affairs and Housing to resolve
Deferrals 28 and 34 relating to the proposed Rural Hamlet designation and
settlement policies for Altona and approve the Oak Ridges Moraine Natural
Linkage Area and Oak Ridges Moraine Countryside land use designations
recommended in Amendment 15;
7. That Council direct staff to update the City's Municipal Tree Protection By-law to
reflect the natural features within the Oak Ridges Moraine, and that staff initiate a
review of the existing Fill and Topsoil Disturbance By-law to determine whether
new provisions for lands within the Oak Ridges Moraine are required;
8. That Council refer the request of Peter Wood, to further review the proposed
Old Brock Road and Uxbridge-Townline Road realignment as shown on
Schedule IV-10 - Settlement 10: Claremont and Area - North Section of the
Pickering Official Plan, to be considered as part of the next Official Plan review;
9. That the City Clerk forward a copy of Report PD 07-06 to the Ministry of Municipal
Affairs and Housing, the Region of Durham, the Town of Markham, the Town of
Wh itch u rch-Stouffvi Ile, the Township of Uxbridge, the Township of Scugog, the
Town of Whitby, and the Toronto and Region Conservation Authority;
10. That the City of Pickering prepare a letter under the signature of the Mayor, to the
Province of Ontario expressing the City's concern to the unfairness of how this
legislation has been enacted, including the implementation process.
V_\j I
Debi A. Bentley
/ab
Copy: Chief Administrative Officer
City Clerk
City Solicitor