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HomeMy WebLinkAboutPSD-054-02 ..- ~ , .~ Cfmillgloo REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 3, 2002 RJ!? tSfJl-I-J-51-o'?- Report #: PSD-054-02 File #: PLN 17.8.11 By-law #: Subject: OAK RIDGES MORAINE CONSERVATION PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-02 be received for information; and 2. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: D J. Crome, MCIP, R.P.P. Director of Planning Services Reviewed bQ ~----== W CA.....-~ ranklin Wu, Chief Administrative Officer JAS*BN*DJC*sn May 23, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 637 " , " REPORT NO.: PSD-054-02 PAGE 2 1.0 BACKGROUND The Oak Ridges Moraine Conservation Act (Bill 122) and a draft Oak Ridges Moraine Conservation Plan were released by the Minister of Municipal Affairs and Housing on November 1, 2001. The Municipality submitted comments on Bill 122 and the draft Plan through Staff Report PSD-053-01, considered by Committee on December 3, 2001. The Act received Royal Assent on December 14,2001 and, on April 22, 2002, the final Oak Ridges Moraine Conservation Plan was released as Regulation 140/02 to the Act. Both the Act and the Plan were deemed to have come into force on November 16, 2001. 2.0 PURPOSE The purpose of this report is to provide highlights of the recently approved Oak Ridges Moraine Conservation Plan, to review how the Municipality's comments on the Conservation Plan were addressed, and to discuss the implications of the Plan for planning and land use on the Clarington portion of the Moraine. 3.0 OAK RIDGES MORAINE CONSERVATION PLAN The broad objectives of the final Oak Ridges Moraine Conservation Plan continue to be the protection, maintenance and enhancement of the ecological and hydrological integrity of the Oak Ridges Moraine. As well, the basic policy framework of the final Plan, as discussed below, is very similar to that of the draft Plan released in November 2001. 638 '0.' ,.. ., REPORT NO.: PSD-054-02 PAGE 3 3.1 Land Use Designations The Plan divides the Moraine into the following four land use designations: . Natural Core Areas: These areas contain a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. In Clarington, the most notable areas designated as Natural Core include the Ganaraska Forest and the Long Sault Forest. . Natural Linkage Areas: These areas form part of a central corridor system intended to support the movement of plants and animals within and off the Moraine. A Linkage Area is designated between the Ganaraska and Long Sault Forest, in approximately the same location as the Oak Ridges Moraine Natural Corridor identified in the Clarington Official Plan through Amendment 19. · Countryside Areas: These areas are predominantly occupied by rural land uses such as agriculture, recreation, mineral aggregate operations and rural settlements such as hamlets. . Settlement Areas: These are areas designated for urban development. No such areas are identified in Clarington. Permitted land uses are listed for each of these designations. The most restrictive designations are the Natural Core and Natural Linkage Areas which permit uses such as fish, wildlife and forest management, agriculture, and low intensity recreation. Mineral aggregate operations are permitted in the Natural Linkage Areas. The Countryside Area designation is more permissive, allowing a range of rural residential, industrial and commercial uses. The creation of new lots is restricted in the three rural designations. 3.2 Protecting Ecological and Hydrological Integrity The Oak Ridges Moraine Conservation Plan identifies key natural heritage features (e.g. woodlands, Life Science ANSls) and hydrologically sensitive features (e.g. wetlands, springs, streams). No development or site alteration, except for conservation, necessary infrastructure and low intensity recreational uses, are permitted within these 639 " REPORT NO.: PSD-054.o2 PAGE 4 features or a defined vegetation protection zone surrounding the feature. Each feature and vegetation protection zone is also surrounded by a "minimum area of influence". Development or site alteration within this area may only proceed subject to addressing specific study requirements, such as demonstrating no adverse impact on the defined feature. 4.0 PROVINCIAL RESPONSE TO MUNICIPALITY'S COMMENTS As noted earlier, the Municipality provided specific comments to the Province on the Draft Oak Ridges Moraine Conservation Plan. The following highlights how these matters have been addressed. . Delete the provisions that prohibit the ability of municipalities to develop more restrictive mineral aggregate policies. . Include a provision that would "grandfather' the negotiated settlement with the Aggregate Producers of Ontario, specifically Modification 173 to the Clarington Official Plan, which has not yet been approved by the Ontario Municipal Board. . Do not exempt aggregate-related uses from the need to demonstrate that the use is complementary to other uses permitted in the Countryside Area. The Conservation Plan was not changed in response to the Municipality's comments on mineral aggregate operations. However, Staff have been verbally advised by officials that the approach used in preparing the new policies in Clarington's Official Plan for aggregate resources would be considered to conform with the intent of the Conservation Plan. Formal confirmation of this position has not been received. However, provincial officials have been using the Clarington policies as exemplary of the type of planning framework that is desirable. Council's approval of Modification 173 was made prior to November 17, 2001, the effective date of the Oak Ridges Moraine Conservation Plan. Provincial officials have advised that, as such the Modification would not be subject to the Conservation Plan and can be dealt with by the Ontario Municipal Board. Formal confirmation has been requested. Subsequently, the Municipal solicitor will request a hearing before the Ontario Municipal Board at the earliest possible opportunity to approve the settlement with the Aggregate Producers' Association of Ontario. 640 ",' ..' REPORT NO.: PSD-054-02 PAGE 5 . Do not re-examine the prohibition on mineral aggregate operations in Natural Core Areas in the 10-year Review of the Conservation Plan. This policy remains essentially unchanged in the final Conservation Plan. . Permit the issuance of a building permit for a single family dwelling on existing lots of record. The draft Conservation Plan did not provide clear direction as to whether a building permit could be issued for a new single detached dwelling on an existing lot of record located on the Moraine. The final Plan specifically states that this is permitted, provided that the dwelling would have been permitted by the applicable zoning by-law on November 15, 2001 and that the applicant demonstrates, to the extent possible, that the dwelling would not adversely affect the ecological integrity of the Moraine. . Change mapping of designations to more closely reflect the Ganaraska Forest, the Long Sault Forest and the Oak Ridges Moraine Natural Corridor identified in the new C/arington Official Plan policies. The requested changes to the mapping were largely addressed in the final Conservation Plan. Municipalities are also permitted to further define the boundaries of the designations, provided that the revised boundaries are consistent with the mapping shown in the Conservation Plan. . If the detailed mapping required to implement the Conservation Plan is not released in a timely fashion, municipalities should be exempted from the Planning Act appeal process for decisions made prior to the release of the mapping. The requested exemption from the appeals process was not provided and the more detailed mapping necessary to properly implement the Conservation Plan has not been provided. It is not clear at this time when the mapping will be available. Accordingly, staff are endeavouring to ensure, to the extent possible that the Conservation Plan is being complied wit~ when reviewing development proposals and requests for building permits for lands located on the Moraine. 641 " e REPORT NO.: PSD-054.02 PAGE 6 5.0 IMPLEMENTATION OF THE OAK RIDGES MORAINE CONSERVATION PLAN The Conservation Plan sets out both provincial and municipal roles and responsibilities for implementing the Plan. These are discussed below. 5.1 Provincial Roles and Responsibilities The provincial government is required to provide mapping or technical criteria to identify key natural heritage features, hydrologically sensitive features, landform conservation areas, and areas of high aquifer vulnerability. This will permit municipalities to identify these features in their official plans and zoning by-laws. However, at the present time, the Province has only provided limited information and direction related to this exercise, although new information is expected to be made available within the next few months. 5.2 Regional Responsibilities Upper-tier municipalities, including the Region of Durham, are required to prepare and adopt official plan amendments to implement the Conservation Plan by April 22, 2003. The Region is also required to initiate by this date a watershed plan for every watershed whose streams originate within the Region, and to complete the plans within five years. The objectives and requirements of each watershed plan, including water budgets and water conservation plans, are to be incorporated into the Regional Official Plan. As the upper tier municipality, the Region would also be an appropriate agency to coordinate the many activities required of local municipalities and conservation authorities to implement the Conservation Plan. 5.3 Local Municipal Responsibilities Clarington and other local municipalities have until October 22, 2003 to adopt amendments to their official plans and zoning by-laws to bring them into conformity with the Conservation Plan. These amendments will be required to be consistent with the amendment to the Regional Official Plan. 642 'l..l " REPORT NO.: PSD-054-02 PAGE 7 It is important to note however, that the Oak Ridges Moraine Conservation Plan is currently in effect. The Conservation Plan prevails in the event of a conflict between the Plan and the Provincial Policy Statement, the Official Plan or the Zoning By-law. Accordingly, staff will be referring to the Conservation Plan on all development applications and inquiries and ensuring that all planning decisions conform with the Conservation Plan. The approval of the amendments to the Clarington Official Plan and Zoning By-law to implement the Oak Ridges Moraine Conservation Plan cannot proceed until the amendments to the Regional Official Plan are approved. Staff anticipate working closely with the Region in this regard. The Plan includes new initiatives to protect sensitive hydrological features and to conserve landforms. These elements will need to be strengthened in the Clarington Official Plan but are dependent on the work of senior governments. Work on the new comprehensive Zoning By-law to implement the current Official Plan will proceed. However, no zoning will be prepared for that portion of the Municipality affected by the Oak Ridges Moraine Conservation Plan. This area will continue to be subject to By-law 84-63 until the Oak Ridges Moraine conformity amendment is approved. It is anticipated that, within the next few months, the Minister will release a regulation to the Oak Ridges Moraine Conservation Act requiring municipalities to adopt tree-cutting by-laws and site alteration by-laws. Clarington already has a Woodlot Preservation By- law (By-law 97-35); however, it does not currently apply to the Oak Ridges Moraine. This By-law will need to be reviewed prior to extending its coverage to the rest of the municipality. Staff have also been preparing a Site Alteration By-law for the entire municipality. Work on this project will be refocused to ensure the By-law complies with the Oak Ridges Moraine Conservation Act and the Conservation Plan. 643 '.' / REPORT NO.: PSD.054.o2 PAGE 8 6.0 CONCLUSIONS The provincial initiative on the Oak Ridges Moraine is important, not only to protect this important landform, but also as a key component of a growth management strategy for the Greater Toronto Area. However, there is a substantial amount of work required by the Municipality to bring its planning documents into conformity with the Oak Ridges Moraine Conservation Plan. Interested parties to be advised of Council's decision: Alex Georgieff Commissioner of Planning Region of Durham Planning Department 1615 Dundas Street East Lang Tower, West Building 4th Floor, Whitby Mall WHITBY, Ontario L1N 6A3 Libby Racansky 3200 Hancock Road COURTICE, Ontario L 1 E 2Ml SAGA (Save the Ganaraska Again> c/o Ms. Katherine Guselle 45 Connaught Street OSHAWA, Ontario L lG 2Hl Sandy Cook and Ted Kilpatrick 8733 Leskard Road ORONO, Ontario LOB 1 MO Irv Harrell 1414 Harmony Road North OSHAWA, Ontario L 1 H 7K5 Linda Gasser 7421 Best Road P.O. Box 399 ORONO, Ontario LOB 1 MO Jessica Markland 2377 Highway 2 Apt. 44 BOWMANVILLE, Ontario L 1 C 5E2 Kerry Meydam 3828 Trulls Road COURTICE, Ontario L 1 E 2L3 644