Loading...
HomeMy WebLinkAboutPSD-086-09Clari~gton Leadiag the Way REPORT PLANNING SERVICES Meeting GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 14, 2009 Report #: PSD-086-09 File #: ZBA2003-034 AND PLN 8.8 By-law #: Subject: MODIFICATION TO THE OAK RIDGES MORAINE ZONING BY-LAW 2005-109 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the follpwing: THAT Report PSD-086-09 be received; 2. THAT the Municipality of Clarington CONCURS with the modifications to the Oak Ridges Moraine Zoning By-law 2005-109, proposed by the Ministry of Municipal Affairs and Housing with the exception of modifications 18, 31, and the non-decisions contained in Attachment 1; THAT the amendments to the Site Plan Control By-law contained in Attachment 4 be APPROVED in principle and brought forward for Council approval upon approval of Zoning By-law 2005-109 by the Ministry of Municipal Affairs and Housing; 4. THAT a copy of Report, PSD-086-09 and Council's decision be forwarded to the Ministry of Municipal Affairs and Housing, the Durham Region Planning. Department, the Durham Region Works Department, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Kawartha Conservation Authority and the Otonabee Region Conservation Authority; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. REPORT NO.: PSD-086-09 PAGE 2 Submitted by: Davi . Crome, MCIP, RPP Director of Planning Services TW/CP/df/av September 8, 2009 JJ Reviewed by: ---~ U~~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-086-09 PAGE 3 1.0 BACKGROUND 1.1 On June 6, 2005, Council approved the Oak Ridges Moraine Zoning By-law 2005-109 which incorporates the policies of the Oak Ridges Moraine Conservation Plan (ORMCP) and Amendment No. 33 to the Clarington Official Plan adopted in June 2004 and approved by the Ministry of Municipal Affairs and Housing (MMAH) on October 17, 2005. 1.2 On May 30, 2007, the MMAH released a draft decision with proposed modifications to the Oak Ridges Moraine Zoning By-law 2005-109. Staff entered into discussion with MMAH staff on the proposed modifications which were subsequently revised on April 2008, January 2009 and finally on June 16, 2009 (see Attachment 1). The MMAH would like Council to provide their position on the proposed modifications prior to releasing a final decision. Once the MMAH releases their decision, Zoning By-law 2005-109 will be in full force and effect from the date Council originally granted approval on June 6, 2005. 1.3 Through discussions with staff, ten of the original modifications and five definitions proposed by MMAH were eliminated. This was accomplished by providing an understanding of how the Oak Ridges Moraine Zoning By-law 2005-109 is implemented by staff. The definitions eliminated were primarily policy based and adequately addressed by Amendment No. 33 to the Clarington Official Plan. 1.4 Staff also had the opportunity to propose five modifications and four definitions. The definitions and three of the modifications are consistent with the recent Council adopted General Amendment to Zoning By-law 84-63 regarding Recreational Vehicle Parking and Accessory Buildings and Structures (ZBA2008-0004) approved on October 27, 2008. One modification was proposed to change the Environmental Holding (H) Symbol to an overlay zone identified as the Minimum Area of Influence . Zone (MAOI) and the last modification was to introduce an exception zone that had not been carried over from Zoning By-law 84-63. 1.5 In addition to the modifications proposed by MMAH, the Ministry made non-decisions on eleven items contained in the Zoning By-law. For non-decisions, Zoning By-law 84-63 will remain in effect. Major modifications and non-decisions will be discussed further in Sections 2 and 3. 1.6 The MMAH had also proposed changes to the provisions of Site Plan Control By-law amended on June 27, 2005 to implement more encompassing controls on the Oak Ridges Moraine. Also the Ministry provided input to the Site Alteration By-law which was approved by Council on June 23, 2008. 2.0 MODIFICATIONS 2.1 The draft decision proposes thirty-eight modifications in total, many of which are minor or technical in nature. This section will outline the major modifications which are referred to by number and contained in Attachment 1. REPORT NO.: PSD-086-09 PAGE 4 2.2 Recreational Vehicle Parking and Accessory Buildings and Structures In order to be consistent with the recent General Amendment to Zoning By-law 84-63 approved by Council on October 27, 2008, Staff proposed definitions contained in modification 6 (see attachment 1) for "Recreational Vehicle Storage", "Shipping/Cargo Container", and "Garage". Modification 7 introduced Section 4.1.2. g) which prevents a shipping/cargo container from being used as an accessory structure. Modification 8 replaces Section 4.1.3, Table 4-1, Regulations -Accessory Buildings, Structures and Uses. The regulations for Rural Settlement Zones in regards to lot coverage, floor area and height were updated to be consistent with what is now permitted in Zoning By-law 84-63. Modification 19 introduced Section 6.7 Recreational Vehicle and Trailer Parking. This section is consistent with regulations contained in Zoning By-law 84-63 for rural residential and agricultural zones. 2.3 Minimum Area of Influence(MAOI)Zone The Oak Ridges Moraine Conservation Plan requires all development within 90 metres of a natural heritage and/or hydrologically sensitive feature and its associated minimum vegetation protection zone area to submit a natural heritage and/or hydrological evaluation. The evaluation must demonstrate that there will be no adverse effects on the feature or its related function. To secure the submission of an evaluation, a number of solutions were proposed that conform to the Oak Ridges Moraine Conservation Plan. The Environmental Holding (H) symbol was selected in accordance with Section 36 of the Planning Act which provides municipalities the opportunity to require additional information prior to considering the appropriateness of a proposed development. Currently, property owners are required to lift the Environmental Holding (H) symbol and submit a site plan application in accordance with the Site Plan Control By-law. Those within the Environmental Protection (EP) Zone, which identifies areas that contain a natural heritage and/or hydrologically sensitive feature do not have to lift a holding symbol in conjunction with a site plan application. Another concern is that once an Environmental Holding (H) symbol is removed, the trigger for a site plan application and the completion of a natural heritage and or hydrological evaluation is lost. If a property owner has the Environmental Holding (H) symbol lifted and then plans further construction on their site, there is no mechanism to require the submission of site plan application or natural heritage/ hydrological evaluation as required by the Oak Ridges Moraine Conservation Plan. REPORT NO.: PSD-086-09 PAGE 5 After careful consideration, Staff proposed modification 9 which replaces subsection 4.6.2 Environmental Holding (H) symbol with an overlay zone identified as the Minimum Area of Influence Zone (MAGI). This is another solution adopted by many other municipalities which is less cumbersome in its application. This zone identifies the area of influence and associated minimum vegetation protection zone area and will be identified in the Site Plan Control By-law to trigger the need for a site plan application. This alternative mechanism allows staff to implement all policies of the Oak Ridges Moraine Conservation Plan and the Official Plan, including the submission of a natural heritage/ hydrological evaluation are met. This will accomplish the same purpose of the Environmental Holding (H) symbol while eliminating an unnecessary step and cost for an applicant with lands outside of a feature. 2.4 Non-Conforming Buildings, Structures and Uses Modification 10, introduced by the MMAH adds subsections 4.9.4 and 4.9.5. These sections allow for the expansion and reconstruction of legal non-conforming buildings or structures provided there is no change or intensification in use and an expansion will not further increase the non-compliance. Originally, there had been a more stringent interpretation provided on implementing the ORMCP. 2.5 Minimum Distance Separation The MMAH requires replacing Sections 4.12.7, 4.12.8 and 4.12.9 which speak to Minimum Distance Separation (MDS) requirements for new residences from building housing livestock or vice-versa (modification 11), and deleting Appendices A and B which contained the Minimum Distance Separation I and II formulas (modifications 32 and 33). The MMAH preferred an approach which defines the Minimum Distance Separation Formula provincial guideline and requiring reference to it (see modification 6). Essentially, the proposed sections accomplish regulating MDS in a similar manner. 2.6 Wayside Pits and Quarries Modification 18 relates to section 5.14 Wayside Pits and Quarries. The Zoning By-law currently permits these uses for up to 18 months. The MMAH is proposing to add the words "with possible extension". Staff has indicated a concern with the ability to enforce a timeframe that is not clear. It was suggested that an extension could be accommodated through Council approval, similarly to what is done for temporary living quarters under Section 3.24 of Zoning By-law 84-63. The MMAH has responded that the Aggregate Resources Act states that a wayside permit expires on the completion of the project or 18 months after the date of issue, whichever comes first. It is their opinion that the Minister of Natural Resources is responsible for extending the licence, therefore no permissions from the municipality is required. REPORT NO.: PSD-086-09 PAGE 6 2.7 Existing Lots of Record - EP-1 and NC-1 Zones The Oak Ridges Moraine Conservation Plan allows single detached dwellings to be built on vacant lots of record. To this end, Zoning By-law 2005-109 established the EP-1 and NC-1 zones to identify these lots. When originally formulating Zoning By- law 2005-109, staff identified lots to be zoned EP-1 and NC-1 as ones with frontage on an improved public street that were zoned to permit the construction of a single detached dwelling under Zoning By-law 84-63. This task did not identify lots not located on an improved public street which may have legal access from a private right-of-way. Since the passing of Zoning By-law 2005-109, one property owner with a vacant lot of record that has legal access via private right-of-way has approached the Municipality with plans to construct a dwelling. This owner has been patiently awaiting this modification and final approval of Zoning By-law 2005-109 in order to proceed. Staff proposed deleting the exception zone categories EP-1 and NC-1 for existing lots of record (modifications 24 and 26). To replace these zone categories, Notation 3 for Table 12-1 has been modified to read "Applies to uses existing as of November 15, 2001 or if permission to construct a single detached dwelling existed on November 15, 2001 ". This will allow lots which have permission to construct which may have not been identified by an exception zone to proceed without the need for a zoning by-law amendment. 2.8 Residences for Farm Employees The definition of a bunkhouse has been modified to delete the reference to a building as the MMAH requires bunkhouses within the Oak Ridges Moraine to be temporary, portable or mobile structures (modification 6). Regulations for Residences for Farm Employees in the "NC" -Natural Core, "NL" -Natural Linkage and "A" -Prime Agricultural Zones have also been modified to specify a second dwelling, provided for farm employees must be temporary, mobile or portable. The reference to permitting a maximum of five bunkhouses has also been deleted as the policies in the Official Plan and Oak Ridges Moraine Conservation Plan permits only one such structure (modifications 22, 23 and 29). 2.9 Aggregate Extraction Zone Regulations At the request of the Ministry modification 31 reduces all yard setbacks for an aggregate pit from 30 metres to 15 metres. It also reduces the distance from 90 metres to 30 metres where mineral aggregate crushers, mineral aggregate processing or mineral aggregate stockpiles are not to be permitted when abutting a lot zoned or used for residential dwellings. A 15 metre setback was also added to abutting highways or water bodies. REPORT NO.: PSD-086-09 PAGE 7 The other part of the modification was the deletion of the 12 metre maximum height for aggregate pit structures. Staff expressed concern with eliminating this requirement, as a structure with an excessive height may negatively impact adjacent land uses. The MMAH responded that the Aggregate Resources Act does not provide any height restrictions to buildings or structures located within a licensed property. The ministry felt the maximum height was too restrictive and indicated that most of the structures would be located on the floor of the pit well below the surrounding surface elevations. However, there is no guarantee that a structure would be located below the surface elevations. 2.10 Schedules Modifications 34 to 38 calls for changes to the zoning by-law schedules which staff are in agreement with. These changes are directly related other modifications agreed to in the text of the Zoning By-law. The schedules include the proposed modifications, adjustments to the zone boundaries and site specific Zoning By-law Amendments Council has adopted since Zoning By-law 2005-109 was approved in June 2005. The schedules were not modified to recognize the non-decisions provided by the MMAH. The Ministry requested modifying Zoning By-law 2005-109 in accordance with the revised map schedules contained in attachment 2. 3.0 DEFERRALS 3.1 In addition to the modifications, the MMAH has proposed eleven non-decisions, or deferrals. Each of the non-decisions are related to zone categories which recognize existing uses and/or similar uses. The non-decisions include the Oshawa Ski Club, Mosport Speedway, Longsault Road Preservation Sanctuary Camp, and all commercially zoned properties on Highway 35/115 outside of the Hamlet of Kirby. In deferring a decision, the zoning of the .properties under Zoning By-law 84-63 will remain in effect, and until such time as the Ministry makes a decision. 3.2 Staff requested the MMAH to consider utilizing section 6 of the Oak Ridges Moraine Conservation Plan, which permits uses existing as of November 15, 2001 to continue, expand and be converted to a similar use provided the similar use will be closer in conformity with the plan and will not adversely affect the ecological integrity of the Plan Area. Attachment 3 contains a chart of the commercial properties in question and identifies the zoning of the properties in both Zoning By-laws 84-63 and 2005- 109. Proposed zoning is also provided which provides similar uses in compliance with Section 6 of the Oak Ridges Moraine Conservation Plan. 4.0 SITE PLAN CONTROL BY-LAW AND THE SITE ALTERATION BY-LAW 4.1 Through discussions with the MMAH, the Province requested revisions to the Site Plan Control By-law to include Landform Conservation Areas. These are areas which possess significant landform features such as steep slopes, kames, kettles, ravines REPORT NO.: PSD-086-09 PAGE 8 and ridges. The Oak Ridges Moraine Conservation Plan requires applications for development or site alteration within a Landform Conservation Area to identify planning, design and construction practices that will minimize the disturbance to the landform character. The Site Plan Control By-law will also need to be revised to reflect the deletion of the EP-1 and NC-1 zones, the Environmental (H) symbol .and the creation of the Minimum Area of Influence Zone (MAGI). A draft Site Plan Control By-law is contained in Attachment 4. The addition of these lands will add substantially to the area of the Oak Ridges Moraine where site plan approval is required adding time and cost for both the applicant and the Municipality. 4.2 MMAH provided input into the creation of the -Site Alteration By-law 2008-114 approved by Council on June 23, 2008. This by-law includes a provision which ensures that it will not conflict with Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan). It also enables the Director of Engineering to require any information, plans or studies required by the Oak Ridges Moraine Conservation Plan for the assessment of a site alteration application. The Planning Department has prepared a `Summary of the Site Alteration Requirements in the Oak Ridges Moraine Conservation Plan' (attachment 5). This summary will accompany applications within the limits of the Oak Ridges Moraine to ensure compliance with the Oak Ridges Moraine Conservation Plan. Planning staff will assist the Engineering Department in the review of applications within the limits of the Oak Ridges Moraine to ensure compliance with the plan. 5.0 NATURAL HERITAGE /HYDROLOGICAL /EARTH SCIENCES HERITAGE EVALUATIONS 5.1 Zoning By-law 2005-109 has recognized all natural heritage, hydrological and earth science (areas of natural and scientific interest) heritage resources by the Environmental Protection (EP) Zone. The current Environmental Holding (H) symbol and the proposed Minimum Area of Influence Zone (MAOI) depicts the 90 metre area of influence and the associated minimum vegetation protection zone for each feature. The MAOI zone triggers the need for site plan approval which ensures the completion of an evaluation when development is proposed. 5.2 It is current practice for an applicant to obtain an expert to complete an evaluation which is subsequently reviewed by the Planning Department and local conservation authority through the site plan approval process. The completion of such evaluations can substantially increase the cost of a relatively minor development proposal (eg. accessory structure, addition to a dwelling). In many instances, the proposed development is located in an already developed area but within the area of influence as described by the Oak Ridges Moraine Conservation Plan. Staff consulted with the MMAH and local conservation authorities to determine how other municipalities are approaching the requirements for evaluations. Based on these discussions, staff has formulated new procedures for natural heritage, hydrological REPORT NO.: PSD-086-09 PAGE 9 and earth sciences heritage evaluations in the Oak Ridges Moraine (attachment 6). These procedures offer a common sense approach. Where proposed developments are likely to~ have significant impacts the appropriate studies would be prepared by an expert in the appropriate field. Proposals with the least amount of impact could be evaluated by Staff and the local conservation authority. 6.0 CONCLUSIONS 6.1 In consideration of the comments. contained in this report, Staff respectively recommends the following: • that the Ministry of Municipal Affairs and Housing be advised that the Municipality of Clarington concurs with the modifications to the Oak Ridges Moraine Zoning By-law 2006-109, with the exception of modifications 18, 31 and the non-decisions contained in Attachment 1; • that the revised Site Plan Control By-law contained in Attachment 4 be approved in principle and brought forward for Council for approval upon approval of Zoning By- law 2005-109 by the Ministry of Municipal Affairs and Housing. Attachments: Attachment 1 - Ministry of Municipal Affairs and Housing, Final Draft Decision, June 16, 2009 Attachment 2 - Revised Zoning By-law Schedules Attachment 3 = Proposed Zoning for Commercial properties on Highway 35/115 Attachment 4 - Site Plan Control By-law Attachment 5 - Summary of the Site Alteration Requirements in the Oak Ridges Moraine Conservation Plan' Attachment 6 - Natural Heritage /Hydrological 1 Earth Sciences Heritage Evaluation Procedures in the Oak Ridges Moraine REPORT NO.: PSD-086-09 INTERESTED PARTIES LIST List of interested parties to be advised of Council's decision: Preservation Sanctuary Camp Richard Rutherford Oshawa Ski Club 1288775 Ontario Limited, c/o Panoz Motor Sports Ltd. Frank Shane 762224 Ontario Ltd., c/o Noone's Restaurant 701655 Ontario Ltd. In Trust Sunoco Inc Attn Robert Tersigni Darek Gandera William Cheng The Norfinch Group Inc. Freskiw Farms Kawartha Inc Svjetlana Martinovic Jun & Son Investments Inc Zeljko Martinovic Ministry of Transportation, c/o Property Section Building D Jean Gable Alex Georgieff, Region of Durham Planning Department Libby Racansky Kerry Meydam Oak Ridges Trail Association James Parkin, MacNaughton Hermsen Britton Clarkson Joanne Kim Mark McMillan John Cartwright Steve Tinmouth Blain Moffat Rick Buller Tim and Frances Tufts Harry Schillings Gary Woodbeck Dwayne Day Jamie Davidson David Dietlein Kevin Walte Murray Yeo Jacqueline Vaneyk John Upton Lorna Ferguson Val Choloniuk Victor Suppan Adela and Guy Pugliese Ronald Robinson Brian Hancock, Ontario Federation of Agriculture David Veenstra Dave Roberts REPORT NO.: PSD-086-09 INTERESTED PARTIES LIST Jamie Davidson Mr. and Mrs. Barriage Lafarge North America Richard & Florence Stephenson Richard Ward PVNC R.C. Separate School Board Enbridge Gas Distribution, Area Records Co-ordinator Victor Suppan, LACAC Ganaraska Region Conservation Authority City of Oshawa, Clerk Township of Scugog, Clerk Municipal Office SAGA Save the Ganaraska Again, c/o Ms. Katherine Guselle Sandy Cook and Ted Kilpatrick Victor Doyle, Ministry of Municipal Affairs & Housing Louis Bitonti,Ministry of Municipal Affairs & Housing c/o Oak Ridges Moraine Trail Assoc. Bob Watson Karina Isert Gary Sunstrum Danny Stacheruk Wendy Partner Sheryl Greenham Bill McBride Irv Harrell Keith and Louis Harden Jeanne Burnside J. and J. Clark Doug Morgan Roy Morton Terry Holroyd Jack Fisher Kim Lilly Lisa Bianca Robert Chater Lyle McMahon Tony and Connie Pugliese Trudy Paterson, Skelton Brumwell & Associates Inc. Elva Reid Jim Reynaert William W. Griffin Mario Veltri Cameron and Marie Smail Dave Muira Gary Woodbeck Marianne McBride Dave Bortolazzo Regional Clerk, Regional Municipality of Durham Executive Vice President, Law & Development, Ontario Power Generation REPORT NO.: PSD-086-09 INTERESTED PARTIES LIST Otonobee Region Conservation Authority Clerk,Town of Port Hope Clerk, Cavan Township Linda Gasser Brian Buckles, S.T.O.R.M. Wayne Fairbrother 2,Templeman, Menninga Barristers and Solicitors Mark McMillan Bruce and Joanne Hannam Gord and Pat McMeekin Grant Greenwood Steven Heggie Stuart Wood D. Tinmouth Eric Atkins William Stapleton Bud Duguid Sharon Trudeau Julie and Ernie Csizmadia Jason Webb Donald Griffin Jacelyne Noel Herb Prescott Brenda and Jim Rowe Caroline Matthews Jack Syer Ewan Burke Ivan Krebelj Bob Watson Walter Gibson, Gibson & Associates Ltd. Mr. Tom Lupu Karen Yellowlees,Durham Federation of Agriculture Peter Grady,Graywood Developments Ltd. James Tosswill Dave Miura Velma & William Griffin " Terry Souch, Oshawa Ski Club Paul Dockrill, Hydro One Networks Inc. Real Estate Services Enbridge Gas Distribution, Sales Development Co-ordinator Kawartha Pine Ridge Dist. School Central Lake Ontario Conservation Kawartha Region Conservation Authority Dr. David Caspari Clerk, City of Kawartha Lakes Gary Jeffery, Agricultural Advisory Committee Otonabee Region Conservation Authority Attachment 1 To Report PSD-086-09 DECISION With respect to Zoning By-law Amendment # 2005-109 Subsection 10(9) of the Oak Ridstes Moraine Conservation Act, 2001 I hereby approve Zoning By-law Amendment # 2005-109 of the Municipality of Clarington, subject to the following modifications: Section 1.2.1 b), Purpose, is,modified by adding the words, ", as amended" at the end. 2. Section 1.3.1, Legislative Authority, is modified by:deleting the words, "Oak Ridges Moraine Act" and replacing with the words, "Oak Ridges Moraine Conservation Act, 2001 ". 3. Section 1.4.1, is modified by adding the;word, "area" after the word, "shaded" in the third line, adding the wards, "and within the Qak Ridges Moraine Area as designated by Ontario Regulation 01/02" of the end of the last sentence and adding the following new subsection after subsection 1.4.1: "1.4.2 The boundary of the Oak. Ridges Moraine Plan Area, as shown on Schedule E has been established f5y-the Province of Ontario Regulation 01/02. This area is shown on the Rural Area Index maps attached.to and farming part of.this By-law and can only be changed by the>Province.". 4. Section 1.8.1, .is modified; by adding the words, "and no person shall undertake. development or site alteration with respect to land" after the words, "in whole or in part" in the second line and adding the words, ", the Oak Ridges Moraine'Conservation Plan and the Municipality of Clarington Official Plan, as amended" at the end. 5. Section 1.8.3, is modified by adding the words, "and within the Oak Ridges Moraine Area" after the words, "the 245 metre contour" in the first line. 6. Section 3.1, Definitions, is modified as follows: a) Add the following new definitions in alphabetical order: "Agricultural Uses , Means, a) growing crops, including nursery and horticultural crops, b) raising livestock and other animals, including poultry and fish, for food and fur, c) aquaculture, and d) agro-forestry and maple syrup production. Agriculture-Related Uses Means commercial and industrial uses that are, a) small-scale, b) directly related to a farm operation, and c) required in close proximity to the farm operation. Animal Agriculture Means growing, producing and raising farming animals including, without limitation, a) livestock, including equines, poultry and ratites, b) fur-bearing animals, c) bees, , d) cultured fish, e) deer and elk, and f) game animals and birds. Development Means the creation of a new lot, a change in land Oise, or the construction of buildings, and: structures, any of which>:~equire approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does. not include, a) the construction of facilities'for'.transportation, infrastructure and utilities uses, by a public body, or b) for greater certainty .: . (i) the reconstruction; repair ~r maintenance of a drain approved under,the Drainage<Act and in existence on November 15, 20Q1, or '` (ii) :the carrying put of agricultural practices on land that was being used for agricultural uses on November 15, 2001. Farm Vacation Home Means an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment. Minimum Distance Separation Formulae A guideline established by the Province to minimize nuisance complaints due to odour and thereby reduce potential land use conflicts by determining appropriate separation between livestock and manure storage facilities and neighbouring non-agricultural uses, including residential, institutional, industrial, commercial, or recreational uses. Recreational Vehicle Storage A commercial establishment for the storage of licensed recreational vehicles and their trailers. Shipping/Cargo Container 2 Shall mean a prefabricated metal container or box specifically constructed for transport of goods by rail, ship or transport truck. Site Alteration Means activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics of land, but does not include, a) the construction of facilities for transportation, infrastructure and utilities uses, by a public body, or b) for greater certainty, (i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence:`on November 15, 2001, or (ii) the carrying out of agricultural practices?on land that was being used for agricultural uses`or November 15, 2001. Tea Room andlor Tea Garden. Tea room and/or tea gardenshall mean an establishment. serving tea and light refreshments. Transport Depot An establishment where commercial motor vehicles are kept for rent or lease, or are parked<far a fee, pf from which commercial motor vehicles are dispatched, and may include facilities for servicing and repairing-.the commercial motor vehicles'stored at the site as an accessory use. Transportation; Infra>g'tructureond Utilities Shall include public highways; transit lines, railways and related facilities, gas and oil pipelines, sewage and water service systems and lines:and stormwater management facilities, power transmission. line, telecommunications lines and facilities, including broadcasting;towers, bridges, interchanges, stations, and other .structures above and below ground, that are required for the construction, operation of these uses and any rights of way required for these facilities."; ' b) the definition name, "Minimum Vegetation Protection Area" is deleted and replaced with the name, "Minimum Vegetation Protection Zone area" and this term is replaced wherever referenced in the By-law; c) in the definition of "Bunkhouse", delete the words, "building or" in the first line; d) In the definition of "Conservation", add the following new sentence at the end: "This also includes the management of woodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities."; e) Delete the following definitions in their entirety: "Farm; Fur Farm; Intensive Livestock Operation; f) in the definition of "Mobile Home", delete thy:-word, "permanent" and replace with the words,"temporary, mobileor portable" in the second line"; g) the definition of "Garage" is delet~d'in its entirety and replaced with the following: "Garage Shall mean a building, structure or'part thereof, including a carport, designed and/or used:for the parkirig:Ofmotorvehirles having adequate access to a driveway, and where household equipment ` incidental to the residential use may be sfo~~d." 7. Section 4.1.2, is'modifed by adding fhe following new subsection after subsection f}: ' "g) No shipping/cargo container shall be used as an accessory use." 8. .Section 4.1.3; Tabls 4-1, Regulations -Accessory Buildings, Structures and`Uses;'is deleted in its entirety and replaced with a modified Table 41 attached as Attachment "1 ". 9. Section 4.6; Holding (H) Symbols, is modified as follows: a) Delete the title, "Holding (H) Symbols" and replace with the title, "Holding Symbols and Overlay Zones"; b) Subsection 4.6.2, is deleted in its entirety and replaced with the following: "4.6.2 Where on a Schedule to this By-law a hatched area overlays a zone, the applicable provisions and regulations of the underlying zone shall continue to apply, however the hatched area denotes the Minimum Area of Influence Zone (MAGI) which depicts a 90 metre area of influence from a natural herifage feature and/or hydrologically sensitive feature and its associated minimum vegetation protection zone area. 4.6.3 Except in a case referred to in Section 4.6.2 of this By-law, where a zone symbol shown in a Schedule to this By-law is within the Minimum Area of Influence Zone (MAGI), a one time addition to an aforesaid principal building or structure or any one or all accessory buildings or structures for the same purpose for which it was used on November 15, 2001, provided that: i) a minimum 5 metre yard setback from the nearest Environmental Protection Zcne is maintained; ii) the removai of any natura/ heritage feature and/or hydrologically sensitive feature.. located on the lot does riot exceed 15°l0 of the area of the lot; and the applicable regulations contained in this By-law are Complied with." 10. Section 4.9, Non-Conforming Buildings;;Structures and Uses, is modified by adding the following. new subs~cti.ons after subsection 4.9.3: "4.9.4 Nothing in'this By-law: shall prevent an expansion of a legal non-conforming building,or structure on the same lot or expansion of'an existing institutional use, provided that such expansion does not represent a change in use, and the expansion will not contravene any provision of this By-law or fur#her increase the non-compliance. 4:9.5 Nothing in this By-law shall prevent the reconstruction within twenty-four (24) months, within the same location and dimensions of any legal non-conforming building or .structure or part thereof, that is damaged or destroyed by causes beyond the owner's control, and the 'reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use." 11. Section 4.0, GENERAL DEVELOPMENT PROVISIONS, is modified by deleting Sections 4.12.7, 412.8 and 4.12.9 and replacing with the following: "4.12.7 No residential, institutional, industrial, commercial or recreational use, located on a separate lot otherwise permitted by this By-law shall be erected or enlarged unless it complies with the Minimum Distance Separation Formulae. 4.12.8 Notwithstanding any other yard or setback provision in this By- law, no livestock facility shall be erected or enlarged unless it complies with the Minimum Distance Separation Formulae. 4.12.9 Sections 4.12.7 and 4.12.8 shall not apply to: a) a residential building constructed on an existing lot or a lot within a registered plan of subdivision; b) a livestock facility'located within the limits of a settlement area." 12. Section 5.2.2, is deleted in its entirety and the proceeding subsections are renumbered accordingly. 13. Section 5.3, Crisis Care Facilities and Residential ~Gare Facilities, is modified as follows: a) Add the following new subsection after subsection 5.3:'1 and renumber the proceeding suksections accordingly: "5.3.2 A crisis card. facility and`resldential care facility shall be ~permitfed;in all dwelling types within all zones where residential uses:are permitted provided the facility cort~plies with Table 5-2"; ~. b) Table 5-2, is modified by deleting the first row dealing with separation distances in its entirety. 14. Section, 5.5, Home Industries, is modified by the following: a) in subsection 5.5:1 a), add the words, "in whole or in part" after the words, "carried on" in the second line; b) ri subsection 5.5.3 a), add the words, "or furniture stripping" after the words;;"body shop". 15. Section 5.6, Home Occupations, is modified as follows: a) in subsection 5.6.1 c), delete the word, "primarily" in the third line and delete the last sentence in its entirety; b) in subsection 5.6.2, delete the word, "secondary" and replace with the word, "accessory" in the third line; c) in subsection 5.6.4, add the following after part d) and renumber the proceeding subsections accordingly: "e) furniture stripping;". 6 16. Section 5.9, Portable Asphalt Plants, is modified as follows: a) in subsection 5.9.1, delete the words, "for a" after the word, "permitted" and delete the word, "the" after the words, "temporary basis in" in the third line; b) in subsection 5.9.1 b), delete the words, "50 metres from any dwelling" and replace with the words, "90 metres from any residential IoY'. 17. Section 5.10.1, is deleted in its entirety and replaced with the following: "5.10.1 The provisions of this By-law shall not apply'fo prohibit the use of land, or the use of buildings or structures within any part of the Municipality for the following purposes.: a) afire station, a police stationambulance station, commuter train station provided on .bieFialf of a public authors#y, except within the A, NC, NL, EP.'and P zones within the Qal~ Ridges Moraine; b) sanitary sewer or water facilities;<ar~d systems provided by or on behalf of a public authority; c) a municipal or community service; including a park and passive recreational trail; provided by the Municipality, a local board of he Munit;pality~ or a tenant of the Municipality on land or in a building or Structure owned by or leased to the Municipality. Municipa} or community service uses are limited to passive parks within the NC and NL zones; d) conservatiori artd envirormental education, including passive recreational trails, on lands owned by or leased to a Conservation Authority; e) the<processing of heavy water, electricity generation and research including but not limited to the production of nuclear energy;<and administration and consumer and public relations in connection with electricity generation on land or in a building or structure owned by or leased to Ontario Power Generation; f) an electricity transmission corridor, including towers and lines, on any land or structure owned by or leased to Veridian Corporation or the Hydro One Network Inc.; g) an oil or natural gas transmission corridor, including pipes and necessary pumping stations, in/on land or in any building or structure owned by Hydro One Network Inc., Trans Canada Pipelines, Transl~(orthern Pipeline or Interprovincial Pipeline, or successor companies; h) Publicly initiated Transportation, Infrastructure and Utilities. 18. Section 5.14, Wayside Pits and Quarries, is modified by the following: a) add the words, ", with possible extension" after the words, "permitted for a maximum of 18 months" in the second line and add the words, "and a Natural Core (NC) Zone after the words, "Rural Settlement (RS1) Zone" in the third line; b) in part b), delete the words, "50 metres from any dwelling" and replace with the words,,"30 metres from any residential IoY'. 19. Section 6.0, Off-Street Parking and Loading, is modified by adding the following new section after Section 6.6: "6.7 Recreational Vehicle and Trailer Parking 6.7.1 A recreational vehicle or trailer, and any load thereon, may be parked on a driveway. 6.7.2 Storage or parking of trailers or recreational vehicles shall be permitted within a garage, carport or other permitted accessory struct~Ce~;~~IaU~Y~ithin a settlement area, as identified in the,Clarington~4fficial Plan, shall not be permitted within.a tent, shelter, Canopy, enclosure or similar structure:covered with fabric, polyester or similar covering~maferial. 6.7.3 The parking or storage of a tiazimum of three (3) recreational,vehicles ~octraifers, and any load thereon, shall be<permitted in any`side yard or rear yard. 6.7.4 The owner may nat store or park in the open more than three (3) recreational: vehicles'q~ trailers, and any load -.thereon, on a lot." 20. Section 12.2.1, Table 12-1, is modified as follows: a) Under tf~e..row.~ntitled;~:;`R~Sideiitial Uses", add the following new rOw> Farm Vacation P,(2) P(2) P(2) Home in tha. row entitled, 'Bed and Breakfast", under the NL column, delete the letter "P" and replace with "P(2)"; b) in the row entitled "Bunkhouse", under the NC and NL columns, delete the letter "P" and replace with "P(1)"; c) in the row entitled, "Home Occupation", under the NL column, delete the letter "P" and replace with the letter "P(2)"; d) in the row entitled, "Single Detached Dwellin ', under the NL column, delete the letter "P" and replace with the letter "P(3)"; e) in the row entitled, "Flood, Erosion and Stormwater Control Structures", delete the name in its entirety and replace with the words, "Flood and Erosion Control Projects" and add the following new row after this row: Stormwater Control P P P Structures f) in the row entitled, "Farm" delete the name, "Farm" and replace with the name, "Agricultural Uses" and replace wherever this name is referenced in the By-law and add the following new row after this row: Animal Agriculture P(3) P P . g) Under the row entitled, "Park, Active",;delete the "P" under the NL column and replace with """ symbol acid add the following new row after this row: Transportation, Infrastructure, P(4) - - P:. P P and Utilities Uses 21. Notations for Section 12.2.1, Tabte 12-1, is modified as follows: ` a) under Notation (1), add the words, "that is a temporary, mobile or portable unit" after the words, "second dwelling"; b) under Notation (2), add the words, "or if permission to construct a single detached dwelling existed on November 15, 2001" at the end; c) under Notation (3), add the words, "or if permission to construct a single detached dwelling existed on November 15, 2001" at the end; d) add the following new Notation after Notation (3): "(4) With the exception of Stormwater Control Structures." 22. Section 12.3.2 f) i), is modified by deleting this subsection in its entirety and replacing with the following: "One second dwelling that is a temporary, mobile or portable unit where permitted provided it is used by persons employed on the farm having a minimum lot of area of 20 ha." 9 23. Section 12.3.3 f), is modified by deleting this subsection in its entirety and replacing with the following: "One second dwelling that is a temporary, mobile or portable unit where permitted provided it is used by persons employed on the farm having a minimum lot of area of 20 ha." 24. Section 12.4.1.1 EP-1 Zone, is deleted in its entirety and the proceeding subsections are renumbered accordingly. 25. Section 12.4.1.3 EP-3 ZONE, is modified as follows: a) under part a. ii), delete the word, "Farm" arfd`replace with the words, "Agricultural uses"; b) under part a. iii), delete the words;,"Flood erosion and stormwater control structures" and replace with the words, "Flood and Erosion Control Projects"; c) under part b. i), delete the words;."?A farm" and replace with the words, "An Agricultural ,use". 26. Section 12.4.2.1 NC-1 Zone; is delefed.:in its entirety and replaced with the following;., "12.4.2 NC exception Zones 12.4.2.1 NC-1 Zone> a. >< Permitted Uses: i) Bed and Breakfast ii) . Home Occupation iii) Single Detached Dwelling iv) Farm Vacation Home v) Conservation vi) Agricultural Uses vii) Flood and Erosion Control Projects viii) Passive Park ix) Reforestation x) Specialty store for the sale of antiques and crafts xi) Tearoom and/or tea garden, and business or administrative office ancillary to a permitted use b. Regulations: i) Lot Area 4ha ii) Lot Frontage 45m iii) Yard Setback a) • Front Yard setback 7.5m b) Exterior Side Yard setback 15m c) Interior Side Yard setback 15m to d) Rear Yard setback 15m iv) Lot Coverage (max) v) Only a Single Detached Dwellin ,Agricultural Use, Specialty store for the sale of antiques and crafts, Tea Room and/or Tea Garden that existed as of November 15, 2001 shall be permitted. c. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 27. Section 13.2.1, Table 13-1, is modified as follows: a) under the row entitled, "Residential Uses", add the following new row: Farm Vacation Home P' b) in the row entitled, "Farm", delete the name, "Farm" anct replace with the name, "Agricultural Uses" and wherever this term' is referenced in the By-law and add the<following new rows after this row: Agriculture-Related Uses P Animal Agriculture P c) Add the following: new rows at the end of Table 13-1: Flood and. Erosion Control Projects P Transportation, Infrastructure and Utllltles P 28. Section 13.2.1, N4#ation for Table 13-1, is modified by adding the words, "that is a temporary, mobile or portable unit" after the words, "second dwelling" in Notation (1). 29. Section 13.3.1 g) i), is modified by deleting this subsection in its entirety and replacing with the following: "One second dwelling that is a temporary, mobile or portable unit where permitted provided it is used by persons employed on the farm having a minimum lot of area of 20 ha." 30. Section 14.2.1, Table 14-1, is modified by deleting the term, "Farm" and replacing with the term, "Agricultural Uses" and wherever this term is referenced in the By-law. 31. Section 14.3.1, AE -Aggregate Extraction Zone Regulations, is modified by the following: 11 a) under part a), delete the number "30 m" under the column entitled, "Pit" and replace with the number "15 m" in both instances; b) under part a) (1), delete the reference to "90 m" and replace with "30 m" in both instances and add the words, "and not permitted within 15 m of any abutting highway or waterbody" at the end; c) delete part d) in its entirety. 32. APPENDIX A -MINIMUM DISTANCE SEPARATION I, is deleted in its entirety. 33. APPENDIX B -MINIMUM DISTANCE SEPARATION II, is deleted in its entirety. Schedules: 34. Schedule `E15' is deleted in its entirety and replaced by a new Schedule `E15' attached as Attachment " 2".. 35. Schedule `E23' is deleted in its entirety and replaced by a new Schedule `E23' attached as Attachment "3".'' <,> 36. The `EP-1' Zone is deleted in its entirety on Schedules `E2', `E3', `E4', `E5', `E6', `E7', `E8', `E11', `E12', `E13', `E14', `E15', `E16', `E20', `E22', `E23' and replaced with an `EP' Zone. (Note: All schedules will need to be deleted and replaced to reflect removal of the EP-1 Zone from the By-law. As .per discussion with Clarington staff they will provide revised schedules). 37. The `NC-1' Zone is deleted in its entirety on Schedules `E3', `E4', `E7', `E8', `E15', `E16', `E23' and replaced with an `NC' Zone. 38. The term, "Environmental Holding (H) Zone" is deleted and replaced with the term, "MAO{" on Schedules `E1' to 'E23' inclusive. A Decision is not being made on the followinc zones and schedules: Section 17.0 Major Recreational Zone Category. 2. Section 12.4.1.2 EP-2 Zone. 3. `MR-1' Zone (Kirby Ski Resort) on Schedules E14, E15, E22 and E23. 4. `MR-2' Zone (Mosport Speedway) on Schedules E4 and E5. 5. `C7-1' Zone on Schedule E6. 12 6. `C8' Zone on Schedule E6. 7. `C8-1' Zone on Schedule E6. 8. `C7-1' Zones on Schedule E14. 9. `C8' Zone on Schedule E14. 10. `C8-1' Zone on Schedule E14. 11. `EP-2' Zone (Club house) on Schedule E4. 13 Attachment "1" ~ ~. , ~ Legend Yard Setbacks ~ Not applicable Total Lot Total Height ZR Zone coverage accessory (max) regulation (max) F/oorArea Front Rear Interior Side Exterior ~#~ Notation (max) Side }yu;~~~r z~ ,~,;:n ~ ~, ~ : Detached garage 4.5 m ZR 1.2 m~,~ 1.2 m~2~ ZR Antenna # ZR 0.6 m measured from edge ZR of antenna ~ Communications 90 m for lots less 3.7 m ZR 0.6 m measured from edge ZR receiver of communications receiver than 2 Play equipment; hectares Diving board; 3 m ZR 1.2 m 1.2 m ZR Pool slide 10% of lot area 120 mZ for lots with Climate control a ~ ZR ZR less 1 2 m ZR less 1 m device minimum 1 m . lot area of 3 m if 2 hectares the floor area is Other uses less than ZR 1.2 m 1.2 m ZR 10mZ 4.5 m ,;t r 50% of ground All uses floor area of 60 mz 5 m ZR 1 2 m 1 2 m ZR principal . . building w ~~ ~ ,;; All uses 10% of lot area 60 m2 ` 5 m ZR 1.2 m 1.2 m ZR 90 m for lots less than 2 hectares Accessory to 10% of lot area 120 m2 for 5 m ZR 1.2 m~,~ 1.2 m~,~ ZR dwelling lots with a minimum lot area of 2 hectares Notations for Table 4-1 (1) Rear yard setback where the rear yard abuts alane - 2m (2) Interior side vard setback where there is a common wall with a detached garage on an abutting lot - 0 m (3) Yard setback for parking commercial motor vehicle and recreational vehicle - 5 m; where abutting a Rural Settlement Zone or a lot with a dwelling located within 15 m of the common lot line - 10 m v o c m U 'o Rd 8 ~ /. ~ ~'.~' ~~ / d ~. q~6 v o" o K p~4o m o a N 10 U a T ~ m ~ ~ m a 0 3 ~ 0 Oak Ridges Moraine Limit Refer To g r Zoning By=law NC-1 84-63 NC-1 0 i `v ®n k Sfre I - `~L'9 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 poi n ~~~ ~~ w~ ~ ~~~ RS ~ A ~ N 1 20000 EP C P ~ ~ ~ ~ Minimum Area By-law 2005-109 ~ E' ., NC MR ~~~ of Influence June 6, 2005 w E 15 w NL AE E23 n 0 yIq U C .) G 0 N O U Attachment 2 To Report PSD-086-09 IOl JNOJI ONOISS3ONO0 [NOISS3ONOO1 S53ONO0 SNg553ONO0 I tHOIS53ONO0 CNgS53ONO0 LNg5S3ONOO INgSS3]NOO 11B)~'9 NgSS3ONOO~h1l SONOJ - MM w ~ -___ _ \ `ti u ~T E ~~ ~~ $ W - - - $ __ ~ W - ~, 9 o,. 4 D1 W - oe ___ ~ R ~ _ ~""" 5 g 'I~ W _ _ N C " - s ~ ~ ~ " ~ W ,- ,a, ~, ~~ ._ _. - R - mn~~ s~ o .o .~ ~ 03 O p --oeoa- -mar _ _ y p W - _ 0 ~ `~ ~ ~ rl e ~ W wo ~~~ 1 Q ~ -~ N ~ _ :. ~ ~ N p ~C 3 ~ ~ W W Y _ ~ ~ ~~~ _ ~ ~ ~ m L W - -mow ~ ~ W ^_ ~ _ - -r- ~ ~ x ~~ N LG n bl JNOJ bNOISS3ONO0 N 15 J [NOISS3JNO0 9NgSS3ONOO 1 SNOISS3ONO0 ~NgS53ONO0 ENOISS3ONOO 2NOISS3ONO0 LNg553ONO0 dS ONOO 899057 0 C O .N h d U C O U rn c 0 (Il N d U C O U c 0 N N d U C O J Lot 35 Lot 34 Lot 33 Lot 32 Lot 31 Lot 30 Lot 29 Lot 28 Lot 27 RS ~ A - N scale ~ 1:20000 EP ~ ~ - P m Scugog NC - MR ~//~ MAGI (Minimum Zoning By-law 2005-109 ; - NL .o`y~ AE Area of Influence) tune 6, 2005 o E 1 W 899058 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 RS ~ A - N Scale N 1:20000 EP ~ C - P Scugog NC - MR ~~~~ MAOI (Minimum Zoning By-law 2005-109 - NL .o~~. AE Area of InFluence) Tune 6, 2005 "' E 2 W E10 899059 80UNDARY ROAD ~~ ~ _~ ~ ~ Refer To Oak Ridges Zoning By-law Moraine Limit g4-63 Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 RS ~ A - N Scale N 1:20000 EP ® C - P Scugog NC - MR ~~~~ MAOI (Minimum Zoning By-law 2005-109 Area of Influence) W E3 W - NL .oL'~. AE ]une 6, 2005 Ell 0 c 0 N N d U C O U rn c 0 y N d U C O U ro c 0 Vi N N U C O U 899060 BOUNDARY ROAD BOUNDARY ROAD 0 D p r_ ® Z 1 O O Z D ([~ < r m ~ A -1 ~ al ~ O - ~ z 0 r Z m A EP-1 0 "~0 ~.. O$~ .p. a.o .v:oan,op~. 04:Q'. a.~i: o' ~ q: • ~.. ~ . :.boo .. ~ 4~D^v:4aQ. ~0 ~Q.~S• 4 Q.ptj~ ~ MoD... .~`~o 'Qan:Q°Q~°~~ Q.~C~'~. ~. 4Cs~CYp:.. ~'D..O O:O.D bo,Do ~~~: ~ malt {~~d:Q:~Q~ °~ a~:C3~ ~ v ~~ . a ' b' o° pa~~~~n 4b~A ~'ovo~ ~ Q~~D a°~Uv~tO{~ . a.4 ° - - ~ - -_ - -- _ cr Er.: - _ -~, -- - __ AO.p 4Q.o~ o a •oQd c'-: D' ~ 4~.a;C?.6 ;~> Z {?o ~ qU:c;~_ ~ ` ~ a~ ° o ~ ,,, ~ ~ ; ~ ~~I i i ~ i // ~„~ (Y ~y - Rder To ~ /~/ Zonlnq By-law m 84-63 ~' Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 1 Lot i RS ~ A - N Scale N 1:20000 EP ~ ~ - P Scugog NC - MR ~//~ MAGI (Minimum Zoning By-law 2005-109 W Area of InFluence) E4 ~ - NL .o`~~ AE ]une 6, 2005 W E12 0 O N U C U C O N N U U 0 y N C U 89906' REGIONAL RD 20 o a' b .• 'or 'o.:oo. o' •~q oo,p. p ~:.Yy .D.^~:Qa •00 6~:~3:U4 0 ~~'q• ~q4: ~Q.~1: o. g~+:CS:. .:~~4 ..O .Q.~ 't1v.' O/W 0a: .~(~' . o~~'. $~ •0..:'6!o U• •. ' ~Cn.D '. ((~~ ~4. ~~.CS. .o' ~LJ,II•A~.~o.:. ...o,p0 D ~: 'an c~0. cS ~' UDC -- o~ b. D..... : 4 ~a~.e`° .• C`s•~:. ::. Obi ~q~OaO Q~'~a~~~a~~ ~:a". :~. 4~ Q'.'t71~~~ga 'b:~~4~,'~d:Q'~ Q'.~S' 0'~Dq,~~~-Ii?'.~p. ••:C7.6 0 0.~~' b.~t~ ~a:4'. ~ .~s. 0:~ 0: • z~.u..u ° .. b ~~ • ~... Qo. a nn~ coo Q.CZ. o. ~•.~' .a D a. o0 o OV' C7•~. °.o: ~ ~F'~oo . a4~:a;~b .~.`~°°a: °on~e'o:. .o~~. aQo~°>~o~~jpq~. OQA.: ~' o~.qa ',~:o. ••:(7.d°R. ~. ':~:. .~' : <4 ~ p• ar~:CJ:. ::~.p.~.OQ~: ;~•....•: o D' Q: a OG?. ~oOQ- bad. . ,,' oab.e D. ~., ~ i7o. Sj. ..Q {~g~. :. :. 4.•. : bU' b: Oaf. ~a. I ~Q~'da~e.~ ~~po p,~~' Q~~~qO$.. ;'v.b:po~a. ~f:~~pgan.~oab'$ °~'. ~ c NcE o q~n. .o. b.e°k°~. ~~~o °~0!' : °O~. ;{7a~:C3' • •~.4°.OQ:. ~OD~d q0~... - -- ~ ~ /~ '---~ li MR-2 / ~-- ~ / ~ i °a Q ~' '~ - --- < - - i i - - ~ ~~ . ,. i z r ~ ~ __-_ c3 / J ~ Oak Ridges - Moraine Limit Refer, To Zoning By-law 84-63 Lot 35 Lot 34 Lot 33 Lot 32 Lot 31 Lot 30 Lot 1y Lot 28 LO[ 2 / RS ~ A - N Scale N 1:20000 EP ~ C - P a Manvers NC - MR ~/~~ MAGI (Minimum Zoning By-law 2005-109 ,,, Area of InFluence) ~ E5 ~ - NL .ot~ AE ]une 6, 2005 W W E13 0 0 y H U U c 0 N U O U 0 y N U O U 899062 0 c 0 .N Ul d U C O U rn c 0 N N V C O U m c 0 N N d U C O U Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 RS Q A - N Scale N 1:20000 EP ~ C - P Manvers NC - MR ~//~ MAGI (Minimum Zoning By-law 2005-109 - NL :o`y AE Area of Influence) ]une 6 2005 ~ ~" W E14 W 899063 BOUNDARY ROAD fl~a4 p°Q~j tlq~a ~' ~o 'Q° ~~~.•.0 44 ~Q ~ , • .~.vOd.b p,. D~~`q~$ ~o- . a,p,. Q . ~ p4..O ~, a~4. ~a0~0. ad.d;D.... ~. '~~6~.~. O O O O Q U O ~~i H Refer To Zoning By-law 84-63 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 Lot 8 ~RS ~A -N ~1e N 1:20000 ~EP OC -P NC MR i MAOI (Minimum Zoning By-law 2005-109 Manvers - //// Area of Influence) W E 7 ~ ]une 6, 2005 °' - NL~ AE E15 0 0 y N U U rn c 0 U C O J C O y N N V U 899064 BOUNDARY ROAD N ROAD TH RT c7 _- O a ~ N ~ w - _ ~ U w O U Refer To Z Refer To oning By-law Zoning By-law 84-63 84-63 Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot s LOI L LOI l RS Q A - N Scale N 1:20000 EP ~ C - P Manvers ~ //// Zonin B -law 2005-109 NC MR % MAGI (Minimum 9 y Area of InFluence) ]une 6, 2005 W ~~ - NL ~ AE 0 C O N N d U C O U rn 0 U! N d U C O U 0 N N d U C O U 899065 Q CC W z J Z 3 o ~~ ~ ~ -Refer To- ~, I ~ Zoning By-I~ I I I- R ~ 1.84-63 0 Q 0 Y ~ Oak Ridges Moraine Limit J Lof 35 Lot 34 Lot 33 Lot 32 Lot 31 Lot 30 Lot 29 Lot 28 Lot 27 Lot zti RS ~ A - N Scaie ~ o0oE1 ~EP OC -P NC MR % MAGI (Minimum Zoning By-law 2005-109 ~ o - NL AE //// Area of Influence) ]une 6, 2005 G ~~ W E17 0 N V1 N U C O U c 0 y N d U C O U 899066 C O to N d U C O J n C O y N N U C O U Lot 27 Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 Lot i a RS ~ A - N Scale N 1:2000E2 ~EP QC -P NC - MR ~//~ MAGI (Minimum Zoning By-law 2005-109 - ~ Area of Influence) )une 6, 2005 W E 1 W NL a• ••. AE E38 899067 0 N Yf N U C O U Oak Ridges Moraine Limit P Refer To Zoning By-law 0 y N d U C O U Lot 18 Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 ~RS QA -N ~1e N 1:2000 E3 ~EP ~C -P NC - MR ~/~~ MAGI (Minimum Zoning By-law 2005-109 o N - NL .o''~~ AE Area of InFluence) )une 6, 2005 W E 11 W E19 899068 .~~~.:~. ' O• °Cs.~ ~ o.QO. R•• ~~ p Q•.~ b.. ~Q_Q..'~'.~.. ~: ~ o 0 . ~~q0$ .. .. : n o..o ~ b., ~ ~ i U U° '(S.. _zi. o. ~>~o:~<~j;oa: '~~-• Qa~op~;~ ~' % ~I, .. ~ r ~ ~ __- __ _.. i ~ '. _.. ICI / I ___ __ / ' I i __.. _ '/ ~, NCES R 8 y - j;' -- _ i I I - / i ~ Oa k Ridges Moraine Limit - ---- -- - _.. ___ i J ~ - _ _ ~ J Refer To ~ ~ ~ U ~ ~' ` Zoning By-law = 84 X63 m 0 0 u m m NRD7 Q O 2 W J U W U Q Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 RS ~ A - N Scale N 1:20o0E4 ~EP OC -P NC _ MR j/~ MAOI (Minimum Zoning By-law 2005-109 ~ M ~ Area of Influence) June 6, 2005 W E 12 W - NL~ AE E20 O y N U U n 3 89906 0 N N d U C O J n c 0 y w d U C O U Lot 35 Lot 34 Lot 33 Lot 32 Lot 31 Lot 3u poi ca poi co ~~< <~ RS ~ A - N Scale N 1200oE5 EP Q C - P Zonin B law 2005-109 NC - MR ~~~~ MAOI (Minimum 9 y Area of Influence) W E 13 W - NL .o" AE ]une 6, 2005 E21 899070 0 N N d U C O U C8 C7-1 ---j-Refer To ~~~ !s Zoning By-law 84-63 Oak Ridges Moraine Limit N Refer To Zoning By-law 84-63 Lot 26 lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 LOT 1 y got i a poi i i ~RS ~A -N ~1e N 12000E6 ~EP ~C -P Zoning By-law 2005-109 NC - MR ~//~ MAGI (Minimum eh an - ~ Area of InFluence) Tune 6, 2005 W E 14 W NL o~ ••. AE E22 0 N N U 899071 C O y N N U C O U C O w N U C O Lot 17 Lot 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 Lot 8 ~RS ~A -N ~1e N 1:2000E7 ~EP OC -P NC - MR ~/~~ MAGI (Minimum Zoning By-law 2005-109 a Area of Influence) ]une 6 2005 W E 15 W NL o~~ AE ' E23 899072 0 N N d U C O J Lot 9 Lot 8 Lot 7 Lot 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 RS ~ A ' N Scale N 1:2000E8 ~EP OC -P NC - MR ~//~ MAGI (Minimum Zoning By-law 2005-109 a - NL .o~'~ AE ~ Area of Influence) ]une 6, 2005 W ~~~ x° E24 899073 Oak Ridges Morairie Limit Refer To Zoning By-law 84-63 -- a 0 of U Lot 9 Lot 8 Lot 7 Lat 6 Lot 5 Lot 4 Lot 3 Lot 2 Lot 1 RS ~ A - N Scale ~ 1:20000 ~EP ~C -P E12 ~ NC MR % MAOI (Minimum Zoning By-law 2005-109 - NL AE /// Area of Influence) tune 6 2005 " ~ 20 N ~ E28 u~i 899074 C O N N N U C O U n c 0 H N N U C O Lot 26 Lot 25 Lot 24 Lot 23 Lot 22 Lot 21 Lot 20 Lot 19 Lot 18 Lot 17 RS ~ A - N Scale N 1:200 E14 ~EP OC -P NC - MR %~~~ A e~ of Influenme) Zoning By-law 2005-109 W E22 W - NL .o`s: AE tune 6, 2005 E30 899075 0 y N d U C O U Refer To Zoning By-law ~ 84-63 ~ Oak Ridges Moraine Limit ~ Lot 17 Lat 16 Lot 15 Lot 14 Lot 13 Lot 12 Lot 11 Lot 10 Lot 9 RS ~ A - N ~1e N 1:20000 EP ~ C - P E15 NC - MR ~~~ A e0a ofMnfl ence) Zoning By-law 2005-109 NL .o`~~ AE ]une 6, 2005 uNi E 23 W E31 n c 0 N N N U .~ 899076 Attachment 3 To Report PSD-089-09 .Address - Use OP Designation Zoning 84-63 -. .Zoning 2005-109: Proposed Zoning 2005- 109 3730 Concession Boat and Trailer Prime Agricultural C4-7 C7-1 C7-2 copy uses Road 8 Sales (Boatland Area permitted in C4-7 (84- Canada) 63) -sales and service for recreational vehicles, sales outlet for automobiles, stoves, furnaces and fire laces 8207 Hwy 35/115 RetailNVarehouse Prime Agricultural C4 C7-1 C7-3 Home (Sun Windows) Area Im rovement Store 8235 Hwy 35/115 Vacant Prime Agricultural C4 C7-1 C7-4 Restaurant Area 8271 Hwy 35/115 Produce/Garden Prime Agricultural C4 C7-1 C7-5 Garden & Nursery Centre (Freskiw Area Centre Farms) 8335 Hwy 35/115 Motor Vehicle Prime Agricultural C4 C7-1 C7-6 Motor Vehicle RepairlTowing/ Area Repair Garage Vehicle Sales (Collision Centre) 8230 Hwy 35/115 Decommissioned Prime Agricultural C6 C8 C8 Gas Station Area 8246 & 8262 Hwy Gas Prime Agricultural C4-10 C8 C8 35/115 Station/Convenience Area Store/Restaurant (Tim Hortons) 8786 Hwy 35/115 Gas Natural Linkage C6-4 C8-1 C8-1 Station/Convenienc Area e Store/Restaurant 8848 Hwy 35/115 Towing Yard Natural Linkage C6-4 C8-1 C8-2 Towing Yard Area 8874 Hwy 35/115 Vacant. Restaurant Natural Linkage C6-4 C8-1 C8-3 -Restaurant Area Attachment 4 To Report PSD-086-09 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2009- being a By-law to repeal By-law 2005-135, and replace it with a By-law to designate the Municipality of Clarington as a site plan control area, to define classes of development that may be undertaken without the approval of certain plans and drawings, and to delegate the approval authority to the Director of Planning Services and the Director of Engineering Services WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable to repeal By-law 2005-135, of the Corporation of the former Town of Newcastle and re-enact a by-law with respect to site plan control in the Municipality of Clarington; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. By-law 2005-135 is hereby repealed. 2. All lands located within the corporate limits of the Municipality of Clarington are hereby designated as a site plan control area pursuant to Section 41(2) of the Planning Act R.S.O. 1990, as amended. 3. The following are hereby defined as classes of development that may be undertaken without the approval of plans and drawings otherwise required under Section 41(4) and (5) of the Planning Act R.S.O. 1990, as amended; a) any building or structure owned or operated by the Municipality, the Region of Durham, a Conservation Authority, the Governmen# of Ontario or Canada; b) any structure erected for the purpose of flood or erosion control; c) any agricultural building or structure; d) any temporary structure as defined by the Ontario Building Code; e) a residential building containing less that three (3) dwelling units; f) alterations to buildings or structures which do not alter the nature of the existing use; g) aggregate extraction activities which do not include permanent buildings or structures; and h) any expansion or enlargement of a building or structure that is less than 20 square metres or less than 10% of the total floor area of the building, whichever is less. 4. Notwithstanding Subsection 3 above, in the Oak Ridges Moraine Area the approval of plans and drawings is required under Section 41(4) and (5) of the Planning Act R.S.O. 1990, as amended, for the following: a) any agricultural building or structure and any residential building or accessory structure in any "Environmental Protection (EP) Zone",and the "Minimum Area of Influence Zone (MAOI)" in the Municipality's Zoning By-law; and in an Oak Ridges Moraine Landform Conservation Area, shown on Map E of the Municipality's Official Plan with the exception that a one time expansion of any building and structure existing as of November 15, 2001 shall not require such approval, provided: i) the expansion does not exceed 50% of the gross floor area of the existing building or structure; ii) in the case of a principal building, it does not exceed 50 m2;and iii) in the case of an any one or alf accessory buildings and structures it does not exceed 20 m2 in total. For the purpose of this By-law, Oak Ridges Moraine Area shall mean the portion of the Municipality of Clarington within the Oak Ridges Moraine Boundary established by Ontario Regulation 01/02 or its successor. 6. Pursuant to Section 41(13)(b) of the Act, the powers and authority of the Council of the Municipality of Clarington under Section 41 of the Act, except the authority to define any class or classes of development as mentioned in Section 41(13)(a) are hereby delegated to the Director of Planning Services and the Director of Engineering Services of the Municipality of Clarington. 7. The Mayor and Clerk of the Municipality of Clarington are hereby authorized to execute any agreement with the Municipality dealing with ensuring the provision of any or all of the facilities, works or matters referred to in Section 41(7)(a) and the maintenance thereof referred to in Section 41(7)(b), or with the provision and approval of the plans and drawings pursuant to Section 41(4) of the Planning Act, as may be required to be made by the owner of the land with the Municipality as a condition of the approval of the plans and drawings referred to in Section 41(4) of the Planning Act R.S.O. 1990, as amended. 8. This By-law shall come into full force and effect on the date of the passing hereof. BY-LAW read a first time this day of 2009 BY-LAW read a second time this day of 2009 BY-LAW read a third time and finally passed this day of 2009 Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Attachment 5 To Report PSD-086-09 SUMMARY OF THE SITE ALTERATION REQUIREMENTS IN THE OAK RIDGES MORAINE CONSERVATION PLAN "site alteration" means activities such as filling, grading, and excavation that would change the landform and natural vegetative characteristics of land, but does not include, a) the construction of facilities for transportation, infrastructure and utility uses, as described in section 41, by a public body, or b> for greater certainty, • the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or • the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001. 1. Every application must identify planning, design and construction practices that ensure that no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent land within Natural Core Areas and Natural Linkage Areas. 2. Site alteration is prohibited in key natural heritage features and hydrologically sensitive features and the related minimum vegetation protection zone except for the following: • Forest, fish and wildlife management • Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest after all alternatives have been considered. • Transportation, infrastructure, and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative. • Low-intensity recreational uses as described in section 37. An application for site alteration within the minimum area of influence of a key natural heritage feature but outside the key natural heritage feature itself and the related minimum vegetation protection zone shall be accompanied by a natural heritage evaluation under section 23. An application for site alteration within the minimum area of influence of a hydrologically sensitive feature but outside the hydrologically sensitive feature itself and the related minimum vegetation protection zone shall be accompanied by a hydrological evaluation under section 26(4). 3. An application for site alteration within a landform conservation area (Category 1) shall identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including, a) maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form; b) limiting the portion of the net developable area of the site that is disturbed to not more than 25 per cent of the total area of the site; and c) limiting the portion of the net developable area of the site that has impervious surfaces to not,more than 15 per cent of the total area of the site. An application for site alteration within a landform conservation area (Category 2) shall identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including, a) maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form; b) limiting the portion of the net developable area of the site that is disturbed to not more than 50 per cent of the total area of the site; and c) limiting the portion of the net developable area of the site that has impervious surfaces to not more than 20 per cent of the total area of the site. An application for major development with respect to land in a landform conservation area of either ca#egory shall be accompanied by a landform conservation plan that shows, on one or more maps, a) elevation contours in sufficient detail to show the basic topographic character of the site, with an interval of not more than two metres; b) analysis of the site by slope type (for example, moderate or steep); c) significant landform features such as kames, kettles, ravines and ridges; and d) all water bodies including intermittent streams and ponds. The landform conservation plan shall also include a development strategy that identifies appropriate planning, design and construction practices to minimize disruption to landform character, including, a) retention of significant landform features in an open, undisturbed form; b) road alignment and building placement to minimize grading requirements; c) concentration of development on portions of the site that are not significant; d) use of innovative building design to minimize grading requirements; and e) use of selective grading techniques. An application that does not constitute major development within a landform conservation area of either category shall be accompanied by a site plan that, a) identifies the areas within which all building, grading and related construction will occur; b) demonstrates that buildings and structures will be located within the areas referred to in clause (a) so as to minimize the amount of site alteration required; and c) provides for the protection of areas of natural and scientific interest (earth science) The above requirements do not apply in respect to mineral aggregate operations. In considering site alteration applications within Settlement Areas within either landform conservation area, the approval authority shall consider the importance of adopting planning, design and construction practices that will keep disturbance to landform character to a minimum, so as to satisfy the requirements of 30 (5) to (11) if possible. 4. Except within a Settlement Area, an application for site alteration within a subwatershed is prohibited if they would cause the total percentage of the area of the subwatershed that has impervious surfaces to exceed, a) 10 per cent; or b) any lower percentage specified in the applicable watershed plan. In considering applications, the approval authority shall take into account the desirability of ensuring that at least 30 per cent of the area of the subwatershed has self-sustaining vegetation. The approval authority shall consider the importance of the following for site alteration applications in a Settlement Area that are within a subwatershed a) Ensuring that the natural vegetation is maintained, and where possible improved or restored; and b) Keeping to a minimum impervious surfaces and their impact on water quality and quantity. 5. An application within an area of natural and scientific interest (earth science) or the related minimum area of influence shall be accompanied by an earth science heritage evaluation that, a) Identifies planning, design and construction practices that will ensure protection of the geological or geomorphological attributes for which the area of natural and scientific interest was identified; and b) Determine whether a minimum vegetation protection zone is required, and if so specifies the dimensions of that zone and provides for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it. 6. An application for site alteration and Stormwater management shall demonstrate that planning, design and construction practices that protect water resources will be used, including, a) Keeping the removal of vegetation, grading and soil compaction to a minimum; b) Keeping all sediment that is eroded during construction within the site; c) Seeding or sodding exposed soils as soon as possible after construction; and d) Keeping chemical applications to suppress dust and control pests and vegetation to a minimum The municipality shall seek to reduce areas with impervious surfaces and increase areas retained in a natural undisturbed state, in order to minimize stormwater volumes and contaminant loads. !\: l ~~ i ~ •~! ,1 ~~ I \. ~ 1;'1 /. adoa ervv'J S~NiadSaw ~ \!' _ . . Imo` ,1- \ \ \\_ /_ ~ _~ ~ \'\\ ~I / ' !% 1 1 ` N'\ \~IN .1 \ 1 I ~~~ lsaN NI`I \ ~• YI ~ 1. \/ i. 1 \ /~1 ` 11 a3ab3W ~ ~~/\ ' ~ ~ ~\/\\` \I\+\\i~~l/ I\~\~\ 1/~/1// ' 1 \! Ez ab 111_ _\ \~• /.i .'\l+l_/ ~1 \~ •. ty ;tl; ,';; 1 .1` ~ i 30o v t; ~` ` 11 1, \ ., /: \ ~ .1 \I 11 \ s.xaaa /NI\Ii• ' ;/ /, 1 / ;1,1 _ 1 \ ~ ~ i avoa ~ -1' / ` !l NI'1 ~~~ II `I I '1 ~I_~li ~\111 . IOiN.ro'M \ ` ~ .. ~ :(~' . ! l~~ll~i%;.~~~i~.\..'/`!`!`111' / ~i 6oA . l \\~~ ; I\/'`1111'~vi rvos l~ tlN3N a hY . I, ~ M ! - ~ ; • \ Itl3Mo \ _ ~J~z ~I1~ ,_~ ~ ~ avo 1S !r ; '. 11 - /~ ~1 ' ~ ' ~ t \ ~ ` / 1 ~ 1 1 ~ /1 ~ Nmoae 1 1 , voa No 1 ,1 •1 IN II/- ~ - oNi \IIIn~l 1 ` ` !Y\1'1 \,' = 1 •; \111 \1 IrviWm 3Nav»NOi~Nnava / ~~~: `~``= l = '%i`~ adoa,Naa ` , ~ ~ -. , ei~ -, , avow ,,o I', \ ` _ , . - a VdS~NO _ I - , Pq , W avo San ado. JIl\1\i":"I/\I /-- .. ,-, -\'; \ \ll _ .1j_,~ 1/rmaxl?n. adaa _ das,al 1.~~\_ \ 1 ~~`W ~ ~'`' yy ~Nisua3a~ adaasN3rv1, ,I ~I nl • T ~!\ ~ ruaoN \' 3 aaw 1\;\~ i /II\/I \~\~~~I ~11 odoaa3w3i adoa Nave wa .~ _ 11\11 `~ ~ - " ~ ada ~ o aa~ .` .$ ; ~~ ;+' '~ i ~ a S 1`/`1,1 ~ r~ ~r'• ~ of /~ Ovo 'all\IJ Nn . .1 /• \: \ae~1 _ I l,1 avoa AaN3a !\Il\/ . ! ' / - ~I ¢ ~\N~~ 1 - /~ \ 1 I ~N /NII; SIWtlO ~ avoa 153NNVn 1 ~ 11 ~I - 0~3riN3 (WOa o~3iiN31 ~1• '\ W \ 1 /. \ 1 i /\ !\ a y~ S yyR S aem m o N a adaa ~ 3,N~a,~a ~ s°. ~w' , z 31aa 5 ^~r Ee - ~1~1 :. of 3a' ; '/ _. _ \ \ Na w \ ~\ ! ~ $ ~' \ N3 avoa adoa SNV9a ~\ /,1 \.. odoa Hs,dM rvdada f :' :.: ~/ ~ woa 3sa woa Aa~rvdo adoa..~,orv 0 O ~` n3iN I Q Q Z N O ~ 0 Q W Q N\ U ii ,uW I Z ~O ~/ } 5 'O^ V W Q O " ~ oo~ ~ o0 q.:. Z dq Q J F' J W Z ~ ~ Q ~ C~C Z Z L m m W Z W ~ Q J ~ ~ _ I ' I I I Attachment 6 To Report PSD-086-09 NATURAL HERITAGE /HYDROLOGICAL /EARTH SCIENCES HERITAGE EVALUATION PROCEDURES IN THE OAK RIDGES MORAINE 1. If the proposed development is within an undisturbed portion of the feature the required evaluation must be conducted by a professional Biologist, Hydrologist, Hydrogeologist, Ecologist or Geoscientist. 2. If the proposed development is within a feature that has already been disturbed by a related development, or is within a Minimum Vegetation Protection Zone the Planner will contact the relevant Conservation Authority to arrange a site visit to determine the need and scope of the evaluation and whether it needs to be conducted by a professional Biologist, Ecologist or Geoscientist. ' 3. If the proposed development is within a Minimum Area of Influence the Planner will review the aerial photos of the property and consult with the relevant Conservation Authority to determine the need for a site visit and the scope of the required evaluation. Note: These procedures do not apply to proposals deemed to be "major development" as defined in the Oak Ridges Moraine Conservation Plan