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HomeMy WebLinkAboutPSD-040-19Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: September 30, 2019 Report Number: PSD-040-19 Submitted By: Faye Langmaid, Acting Director of Planning Services Reviewed By: Andrew C. Allison, CAO By-law Number: PD-130-19 File Number: PLN 40 Resolution#: Report Subject: Next Steps on Zone Clarington Recommendations: 1. That Report PSD-040-19 be received; 2. That Planning notify all property owners and residents regarding the zoning by-law review project (ZONE Clarington) by Canada Post through non -addressed direct mail services (by postal code) for those living in Clarington and addressed notification to owners outside the Municipality; 3. That in accordance with the Budget Policy, Staff are authorized to reallocate budget allocations to fund the communication with residents; 4. That all interested parties listed in Report PSD-040-19 and any delegations be advised of Council's decision; and 5. That Council's decision and a copy of Report PSD-040-19 be forwarded to the Region of Durham, the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority and the Ministry of Municipal Affairs and Housing. Page 7 Municipality of Clarington Page 2 Report PSD-040-19 Report Overview Planning Services staff have prepared this report to respond to several issues identified by Council members regarding Clarington's comprehensive Zoning By-law review. Council wishes to improve communications with residents regarding the review, specifically, to address concerns generated over new mapping and Environmental Protection (EP) provisions outlined in the first draft of the new consolidated by-law. This first draft is one of three versions that will be presented to the public and is by no means complete. To ensure adequate public notification, staff are recommending that Council allocate $13,327 to cover the cost of notices to all residents and property owners affected by the review. Staff will send unaddressed mail using postal codes to all property owners, tenants and taxpayers within Clarington. A separate addressed mail notice will be sent to people who own property in Clarington but do not live within the Municipal boundaries. In addition, this report provides Council with more information and context on several resolutions that deal specifically with the re-evaluation of proposed Environmental Protection Zoning as well as clarification on the Environmental Protection designation. Staff continue to work with residents, Central Lake Ontario Conservation authority and Ganaraska Region Conservation Authority on site -specific reviews to verify any Environmental Protection Features. This report outlines that process. It also explains the natural heritage system setbacks found within EP zones such as the 30-metre Minimum Vegetation Protection Zone and the 90-metre Environmental Review Area. The report also provides an update on the three-month deferral of rural area zoning as mandated by Council and what that means to the overall project. The report also answers questions brought up by residents regarding Municipal zoning and whether it needs to conform with Provincial policy as well as the ramifications if it doesn't. 1. Introduction 1.1. The ZONE Clarington project, a comprehensive review of the Municipality's zoning by- laws, was launched in September 2017. The Planning Act, sets out the ground rules for land use planning in Ontario. It requires municipalities review and update their municipal zoning by-law(s) to conform to their Official Plan no later than three years after the Official Plan comes into effect. Amendment 107 to the Clarington Official Plan was adopted by Council on November 1, 2016 and was approved by the Region of Durham on June 19, 2017. 1.2. On November 14, 2018, a proposed first draft zoning by-law was released for public comment. The first draft zoning by-law contains general regulations and definitions that apply to all of Clarington. It also includes the zone categories and mapping for Clarington's rural areas. This is the first of three draft versions planned to be released for public comment prior to the recommendation of a new, consolidated zoning by-law for Council to approve. Municipality of Clarington Page 3 Report PSD-040-19 1.3. Since its release, Council has heard concerns from Clarington landowners who feel they were not properly notified of the review and the release of the first draft. Some landowners have also expressed opposition to the implementation of Official Plan policies that protect Clarington's natural heritage system. Requests have been made to revisit the Clarington Official Plan and repeal the natural heritage system policies that implement the Provincial Policy Statement (PPS), Greenbelt Plan and Oak Ridges Moraine Conservation Plan. In addition, in light of the initiation of Provincial reviews of the PPS and the Conservation Authorities Act, some landowners have requested that Clarington's zoning by-law review be put on hold. Council passed Resolution #117-19 placing the review on "pause" for 3 months. 1.4. On July 2 and September 16, 2019, a series of resolutions regarding ZONE Clarington were passed by Council. They relate to the following: • Public notice; • Re-evaluation of proposed environmental protection zoning and refinement of Official Plan designation; • Natural heritage system setbacks (buffers); • Deferral of rural area zoning review; • Conformity with Provincial policy; and • Legal ramifications of not conforming to the Official Plan. 1.5. Full copies of these resolutions are set out in Attachment 1. Council's directions from these resolutions, tabulated by the topics, are provided in Attachment 2. 2. Public Notice 2.1. Resolution #PD-104-19 directed staff to provide notice in writing to landowners who, based on the first draft zoning by-law, are proposed to have more of their property zoned Environmental Protection (EP) than is currently zoned, and to invite input on the proposed zoning change. With the approval of Resolution #JC-117-19, the scope of the notice changed to also include landowners that had a change in Environmental Protection Area designation on their property resulting from the approval of Official Plan Amendment 107. Official Plan Review Notice 2.2. On June 19, 2017, the Region of Durham approved Official Plan Amendment No. 107, which updates the Clarington Official Plan to make sure it is relevant and complies with provincial and regional planning documents, and overarching community goals for growth and development. As part of the conformity requirements, the natural heritage system in the 1996 Clarington Official Plan (mapping and policies in the text) was updated. While many features that comprise Clarington's natural heritage system were already protected through the policies in the 1996 Clarington Official Plan, these were not fully reflected in the Environmental Protection Area land use designation (i.e. they were not mapped). Municipality of Clarington Page 4 Report PSD-040-19 2.3. The concern regarding lack of notice about the zoning by-law review has extended to include the opinion that there was insufficient notice provided during the Official Plan Review. The Municipality invested significantly in undertaking a comprehensive review of the Official Plan, including an extensive public participation process. The public participation process carried out for the Clarington Official Plan Review is fully described in Report PSD-060-16. In brief, the review included: • 20 Council reports; • 9 discussion papers; • Numerous workshops, public engagement sessions and meetings with landowners, interest groups and Committees of Council; and • Website, social media, newspaper and newsletter advertising and information sharing. 2.4. Landowners have recently questioned why notice of the Official Plan Review was not mailed to every property owner in the Municipality. Notice of the release of proposed changes to the Official Plan and advertising a series of public information sessions, was included in the Municipal tax mail out in May 2015 (Figure 1). 0FFIC;IAl. Shape larin ton's Future PLAN Planning Services has released proposed changes to the Clarington _ 111+4� Official Plan_ Drop in to one of our public information sessions !' t 4urPA''f roour jxfurr between 6 and 8 prn to discuss the future development of Clarington_ May 26 Faith United Church Fiiid out more, www.clarington.nellpurplard May 27 G.B. Rickard Recreation Complex �W c,Lprplan@ClaringtoR.net Jung 2 New aWe and blstrict Recreation Cam plax — June 3 Salina Community Hall _ _ _% Figure 1: Official Plan Review Municipal Tax Bill Notice — May 2015 2.5. Report PSD-060-16, followed the series of public open houses advertised in Figure 1. It outlined concerns heard during the Official Plan Review regarding Environmental Protection Area designation limits and provided additional information on how the natural heritage system was defined. The report outlined how the actual development limits are determined, and the purpose and determination of the minimum vegetation protection zone from an environmental feature. In addition, the report included final refinements to policies relating to the minimum vegetation protection zone for inclusion in the recommendation of Official Plan Amendment No. 107. Municipality of Clarington Page 5 Report PSD-040-19 ZONE Clarington Notice of Project Commencement and Release of First Draft Zoning By-law 2.6. An overview of the communication and engagement strategy planned for ZONE Clarington was provided in PSD-060-17, which announced the commencement of the comprehensive zoning by-law review project. Communication and engagement is planned to occur throughout the review process. 2.7. Announcement of the launch of ZONE Clarington was provided through advertising in Clarington This Week and Orono Times, the Municipality's website, notice in the Clarington Planning eUpdate newsletter. Letters were sent to development review agencies and the following advisory committees and rural stakeholders: • Association of Ontario Land Surveyors; • Durham Region Federation of Agriculture; • Durham Region Association of Realtors; • Greenbelt Foundation; • Oak Ridges Moraine Foundation; • Ontario Stone, Sand and Gravel Association; • Durham Farm Fresh; • Niblett Environmental Associates; • Oakridge Environmental Ltd.; • Ontario Ministry of Agriculture, Food and Rural Affairs; • Building Industry and Land Development Association; • Durham Region Home Builders Association; • Agricultural Advisory Committee of Clarington; and • Committee of Adjustment. A copy of the notice letter is provided as Attachment 3. 2.8. Notification of the release of the first draft zoning by-law in November 2018 was provided via a memo to Council, notice letters to interested parties, notice letters to the above listed groups and other interested parties. Advertising in Clarington This Week and Orono Times, and in the Clarington Planning eUpdate newsletter, corporate news release, and through the project website and the Municipality's social media pages. A copy of the key Rural Phase stakeholders mail out is provided as Attachment 4. 2.9. Notification of the first round of public open houses, held in January and February of this year, was provided via Report PSD-082-18, notice to interested parties, advertising in Clarington This Week and Orono Times, advertising in the Clarington Planning eUpdate newsletter and on information screens in Municipal recreation facilities, through the project website and the Municipality's social media pages. Copies of the newspaper advertising for the first draft zoning by-law open houses is provided as Attachment 5. Municipality of Clarington Report PSD-040-19 Page 6 2.10. In addition to the notification described above, staff have formally met directly with numerous stakeholders and landowners to answer questions and discuss the project, as follows: • Agricultural Advisory Committee of Clarington (x5) • Committee of Adjustment (x1) • Region of Durham Planning Staff (x5) • Conservation Authority Staff (x5) • Building Industry and Land Development Association — Durham Chapter (x1) • Local residents group respecting Special Event Venues (x1) • Durham Landowners Association (x1) • Rezoning Clarington Citizens Group (x1) 2.11. Staff have a previously scheduled presentation to Durham Region Association of Realtors Board on September 26, 2019 which will address the overall ZONE Clarington Project. 2.12. Staff routinely receive and respond to inquiries made in person, via email and over the phone to Planning Services or through the direct methods of contact for ZONE Clarington. Some residents maybe confused as to where to obtain accurate information. The official ZONE Clarington website is www.Clarington.net/ZoneClarington. The site can be accessed directly or from the municipal website. 2.13. At the September 16, 2019 Council meeting, a delegate indicated that rural area residents are not being responded to by Staff. Staff aim to respond to all inquiries received within 24 — 48 hours, currently because of volume, it is taking longer. Staff have no record of any inquiry that has not been responded to. Detailed responses to submissions will be addressed in the second draft, anticipated for Fall 2020. Staff acknowledge receipt of all submissions. 2.14. Written comments submitted on the first draft zoning by-law are catalogued in a summary table. Written comments inform the preparation of the next draft of the proposed zoning by-law. Individual responses to each written submission received during zoning by-law review are typically not provided, rather they form part of the public comment record. The comment summary table will include details as to how comments were addressed. Direct Notice to Landowners with Proposed Environmental Protection Zoning 2.15. In response to Council's direction respecting the provision of written notice to landowners, staff have assessed and determined cost estimates for a range of notification options. These options are detailed in Attachment 6 and show a cost range of $2,864 to $31,233, depending on the printing option and scope of distribution. Staff are recommending the option that notifies landowners in a cost efficient manner. Municipality of Clarington Report PSD-040-19 Page 7 2.16. The direction from Council was to focus distribution to landowners who, based on the first draft zoning by-law, are proposed to have more of their property zoned Environmental Protection (EP) than is currently zoned. Staff recommend that the notice be broadened. EP zoning proposed in the first draft zoning by-law is an important issue for a number of rural landowners. Proposed changes related to the other topics in the zoning by-law may be of particular interest to other landowners. There is a risk that a notice specific to a single topic and distributed to a limited number of landowners may create further misunderstanding. As shown in Attachment 6, a limited circulation that includes only the landowners who may be affected by the proposed changes to the EP zone would capture only 9.48% of the total number of landowners in Clarington. 2.17. Staff recommend that the direct notice requested by Council consist of a letter sent via Canada Posts non -addressed direct mail service (by postal code) to all property owners or taxpayers within Clarington, and as an addressed mail out to owners outside of Clarington. This approach provides a cost effective option for reaching all property owners and tenants in Clarington, and those who may own property in Clarington but are not located here. With respect to the expansion of Council's direction to notify landowners of the environmental protection changes that took place in Official Plan Amendment No. 107, this represents 2,936 rural area landowners, all of whom would be captured by the recommendation of staff. 2.18. The letter will provide general notice that a comprehensive zoning by-law review is underway, including the relationship to the Clarington Official Plan and Provincial policy. In addition, the letter will inform landowners about the site -specific environmental protection zoning review process, as addressed in Section 3.5 to 3.9. 2.19. The estimated cost to complete the provision of notice as described in Section 2.16 is $13,327. Staff recommend that the surplus in the Planning Services Department budget for 2019 (because of gapping in staff positions) be used to fund the mail out. This expenditure is required as the approved budget for the project does not include communications and public engagement funds for ZONE Clarington. 2.20. The option to include the letter in the May 2020 Final Tax Bill mail -out, would eliminate the costs associated with direct mail and postage. This approach is not recommended due to the delayed timing of notification. 3. Re -Evaluation of Proposed Environmental Protection Zoning and Refinement of Environmental Protection Designation 3.1. There are numerous provincially, regionally and locally mandated environmental protection policies that need to be implemented in a new zoning by-law for Clarington. The first draft zoning by-law proposes to protect significant environmental features and natural hazards (e.g. floodplain) with an Environmental Protection (EP) zone. A listing of significant environmental features that comprise Clarington's natural heritage system and are protected from development by the policies of the Provincial Greenbelt Plan Municipality of Clarington Report PSD-040-19 Page 8 and Oak Ridges Moraine Conservation Plan, the Region of Durham Official Plan and Clarington's Official Plan is provided as Attachment 7. 3.2. Since the release of the first draft zoning by-law, staff have documented requests from landowners for site -specific EP zoning reviews. On July 2, Council directed staff to provide owners of a property with proposed EP zoning the opportunity to have their properties inspected "to verify any Environmental Protection features". This is addressed in Sections 3.5 to 3.9 of this report. 3.3. At the time of the writing of this report, 36 landowners are included on ZONE Clarington's listing of property inspection requests. In some cases, landowners own multiple properties. Some landowners who have contacted Planning Services to request a site visit have subsequently determined a visit is not necessary after discussing their property and its proposed zoning with staff and gaining a better understanding of the zoning by-law review project. In some cases, these landowners believed that the zoning of their property was proposed to be either entirely Environmental Protection or close to it, which was inaccurate. Misleading and incorrect information circulating throughout the rural community, on social media, and repeated by some media outlets, is contributing to misunderstanding and confusion amongst Clarington landowners. 3.4. Prior to initiating any site visits, the development of a clear, standard process is underway in order to ensure transparency and consistency in approach and obtain concurrence of the Conservation Authority staff necessary to conduct the site visit, and Ministry of Natural Resources and Forestry (MNRF) staff if required. Site Specific Review Process 3.5. Staff have been working in collaboration with the Central Lake Ontario Conservation Authority (CLOCA) and Ganaraska Region Conservation Authority (GRCA) to identify a process for site -specific reviews, including site visits. The Environmental Protection Area designation in the Clarington Official Plan was created using the Conservation Authorities' base map data for the ecological land classification system, watercourses, valleylands and natural hazards. In addition, information from the MNRF for Provincially Significant Wetlands and Areas of Natural and Scientific Interest was used. The Municipality relies on Conservation Authority staff to provide advice and expertise on environmental features. 3.6. Municipal and Conservation Authority staff agree that all site inspection requests should begin with a site -specific review of any available data and documentation to determine if adjustments can be made to proposed EP zone boundaries. This approach may provide the ability to address concerns without the need for a site visit. Where concerns cannot be addressed based on an initial desktop review, the opportunity for an inspection will be available as warranted. Municipality of Clarington Page 9 Report PSD-040-19 3.7. Table 1 outlines the site -specific EP zoning review process developed by staff, and in consultation with the Conservation Authority staff. Prior to initiating this process for the requests received to date, staff will seek final concurrence and confirmation of capacity to assist from CLOCA and GRCA. The timeline for completion of any site -specific review requests will be dependent upon the number of requests that are received and the capacity of both Municipal and Conservation Authority staff. Further discussion of the Conservation Authorities capacity is addressed in Section 5.5 through 5.9. 3.8. Site -specific reviews may identify locations where adjustments to the proposed EP zone boundary on a property will be made. Where identified, these changes will be reflected in the schedules (i.e. mapping) of the second draft zoning by-law, once released. An update to the ZONE Clarington interactive eMap tool will also be issued concurrently with the release of the second draft zoning by-law. In the interim, no changes will be made to the first draft zoning by-law schedules or the current version of the ZONE Clarington interactive eMap tool. 3.9. Where a landowner disagrees with the results of a site -specific review, they will continue to have the opportunity to submit comments outlining their concerns with the draft zoning by-law, and can participate in the formal zoning by-law amendment and public consultation process, once initiated. Staff will not be able to make changes to address concerns that would conflict with provincial policies or policies within the Region of Durham Official Plan or Clarington Official Plan. Once a new zoning by-law has been approved by Council, all persons or public bodies will have appeal rights to the Local Planning Appeal Tribunal. Municipality of Clarington Report PSD-040-19 Table 1: ZONE Clarington Site -Specific Environmental Protection Zone Review Process Page 10 Step Agencies Description Involved 1. Data Review Municipality Review all data sets that identify environmental features to determine if CLOCA / refinements to the feature boundary information could be made at a desktop level GRCA and if there is an ability to update the data sets based on new or updated MNRF information. 2. Issue Municipality Requests for evaluations will be reviewed to identify specific concerns with the Confirmation proposed Environmental Protection zone. In some cases residents may be contacted to obtain further details. 3. Issue Municipality The Municipality will create an issues map to identify properties where residents Mapping pp g have requested an evaluation. The map will be linked to a data set that includes relevant details provided by the resident to aid in the review. In some cases residents have provided detailed descriptions of environmental features and areas where they feel adjustments should be made. Some residents have also provided additional information such as environmental impact studies and letters from staff at the Ministry of Natural Resources and Forestry. 4. Document Municipality Planning staff and staff at the Conservation Authorities will conduct a file review Review CLOCA / related to properties on the issues map to determine if there is any relevant GRCA documentation or previous approvals that may assist us in our review. Documentation provided in step 3 will also be reviewed. 5. Identify Municipality Based on the review of information gathered from steps 1 through 4, Planning Edits CLOCA / staff will meet with Conservation Authority staff to review the findings and identify GRCA whether there is adequate rationale to propose changes to the draft zoning maps. 6. Confirmation Municipality a) Letters will be sent to residents to identify whether there is adequate rationale of Issues CLOCA / to make changes to the proposed zoning maps for their properties based on the and GRCA outcome of step 5. Residents will then be asked if the proposal addresses their Scheduling previous concern and if not confirmation that they still wish to pursue a site visit. of Site Visits b) Responses to the letters identified in a) will be recorded. Conservation Authority staff will be contacted to identify potential scheduling of site visits. It is anticipated that some visits may need to occur during a specific season of the Municipality of Clarington Report PSD-040-19 Page 11 year dependant on the identified feature. For example, a watercourse that runs intermittently may need to be visited during the spring thaw. 7. Site Visits Municipality Site visits will be conducted and staff will discuss whether the findings of those CLOCA / visits can result in potential revisions to the proposed zoning maps. G RCA 8. Confirmation Municipality Letters will be sent to residents to identify what was found as a result of the site of Site Visit evaluation and whether changes can be made to the proposed zoning maps. Edits Where changes cannot be made, an explanation will be provided. Municipality of Clarington Page 12 Report PSD-040-19 Official Plan Amendments 3.10. In the suite of land use planning tools, Official Plans and Zoning By-laws have different roles and functions. Official Plans are policy documents that must conform/be consistent with, and not be in conflict with applicable provincial policies. Accordingly, the Region of Durham's Official Plan and the Municipality of Clarington's Official Plan must be consistent/not conflict with the natural heritage policies of the Provincial Policy Statement, Greenbelt Plan, and Oak Ridges Moraine Conservation Plan. As such, according to Durham's Official Plan, development or site alteration is not permitted within key natural heritage features and/or functions, including any vegetative protection zone, with few exceptions. The Municipality of Clarington Official Plan reflects these policies with more individual features and specific policies that are described in more detail. Zoning By-laws implement and support Official Plans by determining in more detail the types of uses permitted by location, as well as performance standards such as setbacks, height and parking. 3.11. If it could be demonstrated there were mistakes with Clarington Official Plan's environmental mapping, then in theory an Official Plan Amendment could be initiated to correct any such mistakes. However, there are two issues to bear in mind. First the Region was the approval authority for Clarington's comprehensive Official Plan Amendment No. 107 in 2017. The purpose of Clarington's ongoing zoning by-law update exercise is to bring the Zoning By-law into conformity with the new Official Plan. Regional planning staff, in cooperation with Conservation Authority staff reviewed Amendment No. 107 carefully to ensure it was in conformity with the Region's Official Plan and provincial policies prior to issuing approval in 2017. Second, if there are mistakes in Clarington's maps, then we need to determine if there are mistakes in the Region's Official Plan maps, as Clarington's Official Plan must be in conformity with the Region's Official Plan. In turn, the Region's environmental mapping must be in conformity with Provincial documents. The Region's Official Plan was approved by MMAH. 3.12. Section 14.4.7 of the Clarington Official Plan states that the extent of the Environmental Protection Areas designation is approximate. The precise limits must be detailed through the appropriate studies as part of the review of development applications and/or in consultation with the Conservation Authority. Based on this policy, were limits are refined based on evaluations in consultation with the Conservation Authority an amendment would not be required. The limits can be refined in the mapping of the proposed zoning by-law. 3.13. In instances where it is determined a feature does not exist, staff will initiate an amendment to the Official Plan that will be brought forward at the same time as the final draft zoning by-law for Council's decision. Since the Official Plan Amendment will be staff initiated, residents will not be required to submit an application fee. It will be at no cost to the landowner. Municipality of Clarington Report PSD-040-19 4. Natural Heritage System Setbacks Page 13 4.1. Resolution #JC-104-19 directed staff to report back to Council to explain and provide justification for development setbacks (e.g. buffers) from significant environmental features that are included in the first draft zoning by-law. Draft Zoning By-law Environmental Protection Setback and Review Area 4.2. In rural areas (outside of rural settlement areas, e.g. hamlets), the EP zone proposed in the first draft zoning by-law includes a "Minimum Vegetation Protection Zone (MVPZ)" overlay that extends 30 metres from a significant environmental feature. This is illustrated in Figure 2. The MVPZ is intended to buffer the environmental feature, providing a transition area between the environmental feature and development. In rural settlement areas, the extent of the proposed MVPZ varies depending on the type of feature. I 1 I � I Minimum Vegetation Protection Environmental Review Area Zone (ERA) (MVPZ) i I I • I Environmental Protection Zone (EP) Agricultural Zone (A) Figure 2: Illustration of EP Zone, MVPZ and ERA Boundary Limits Relative to a Significant Environmental Feature 4.3. As illustrated in Figure 2, the first draft zoning by-law included an Environmental Review Area (ERA) overlay that extends 90 metres from the MVPZ. The uses permitted in the ERA are based on the underlying zone (for example Agriculture in Figure 2). Any new development proposed within the ERA overlay would have required an evaluation to demonstrate that there will be no adverse effects on the feature. Staff are recommending that new agricultural, agricultural -related and secondary on -farm uses proposed within the ERA be exempt from this requirement. Municipality of Clarington Page 14 Report PSD-040-19 Deletion of the Environmental Protection Setback and Review Area 4.4. On September 16, 2019, Council directed staff to "delete the Environmental Review Area (90 metres) and Minimum Vegetation Protection Zone (30 metres) from the draft zoning by-law amendment." The intent of showing the environmental protection setback (i.e. MVPZ) and environmental review area limits (i.e. ERA) for new development in the schedules of the first draft zoning by-law was to ensure transparency. This approach has raised questions and concern from landowners over the amount of land zoned EP. It is apparent that many perceive the ERA to be an extension of the EP zone rather than an overlay to an underlying zone that sets out the permitted uses and regulations (e.g. "Agricultural (A)"). 4.5. The deletion of the MVPZ and ERA will be reflected in the second draft zoning by-law mapping, once released. During preparation of the second draft zoning by-law, staff will recommend what regulations are required in the text of the zoning by-law to ensure conformity with provincial policy, the Region of Durham Official Plan and the Clarington Official Plan as it relates to setback and environmental review requirements for new development. In addition, staff will consider the use of other planning tools to add clarity to when an evaluation would be required if development is within a MVPZ and/or ERA. Provincial Policy for MVPZ and ERA 4.6. Environmental protection policy direction comes from the Provincial Policy Statement (PPS), the Greenbelt Plan, and the Oak Ridges Moraine Conservation Plan. Official Plans at both the Regional and Municipal level must be consistent with those policies. A consolidation of all related Provincial, Regional and local policies was provided to Council in a memo from the Acting Director of Planning Services, dated August 9, 2019 (Attachment 8). Notably, 92% of Clarington's rural land area is within the area covered by the Greenbelt Plan and Oak Ridges Moraine Conservation Plan. 4.7. The PPS does not permit development within significant environmental features. For development to occur adjacent to an environmental feature, the PPS requires the proponent demonstrate there will be no negative impacts on the environmental feature. 4.8. The Greenbelt Plan and the Oak Ridges Moraine Conservation Plan do not permit development within environmental features, including any associated vegetation protection zone, with some exceptions including for conservation management, infrastructure and aggregate. Both Plans require that the vegetation protection zone be a minimum of 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. Both Plans continue to allow existing uses and buildings within an environmental feature and any associated minimum vegetation protection zone. There is also consideration for expansions of existing buildings and uses providing the expansion is evaluated. Single detached dwellings are permitted to be constructed on existing lots, provided the lot was zoned for such use prior to the Municipality of Clarington Report PSD-040-19 Page 15 respective date the Greenbelt Plan or Oak Ridges Moraine Conservation Plan came into effect. 4.9. The Greenbelt Plan and the Oak Ridges Moraine Conservation Plan provide direction for requiring an environmental study for development that is proposed within proximity to a significant environmental feature. Both Plans require a proposal for new development within 120 metres of a significant environmental feature undertake an evaluation prior to development to demonstrate there will be no adverse effects on the feature or its related function and to confirm the appropriate setback distance from the environmental feature. 5. Deferral of Rural Area Zoning Review 5.1. Council directed that work on the rural phase of the zoning by-law review be paused for a period of three months (as part of Resolutions #JC-115-19 and JC-117-19). The factors influencing this direction include the following: • The review of the 2014 Provincial Policy Statement (PPS); The announcement of provincial direction for Conservation Authorities to focus on their "core mandate" and the potential effect on CLOCA / GRCA capacity; and The recent passing of a new comprehensive zoning by-law in East Gwillimbury and subsequent appeal by the Lake Simcoe Region Conservation Authority. 2014 Provincial Policy Statement Review 5.2. The PPS provides policy direction on matters of provincial interest related to land use planning and development. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions "shall be consistent with" all policy statements issued under the Act. 5.3. On May 2, 2019 the Province announced a review of the PPS through Bill 108 "More Homes, More Choice Act, 2019". Proposed changes to the PPS were released on July 22, 2019 and the Conservation Authorities Act. Key principles of the proposed changes include protecting the environment and public safety. Based on the proposed draft, this is achieved through enhanced direction relating to climate change matters and soil reuse. Policies to protect the local natural heritage system and the Greenbelt have been maintained. 5.4. The deadline for submitting comments on the PPS Review is October 21, 2019. Under the proposed changes to the PPS, the Province reaffirms that Official Plans are the most important vehicle for implementation and achieving comprehensive long range planning. The PPS directs planning authorities to keep their zoning by-law up-to-date with their Official Plans. Furthermore, the PPS directs that all planning decisions "shall Municipality of Clarington Page 16 Report PSD-040-19 be consistent" with the Provincial Policy Statement. The Draft Provincial Policy Statement leaves untouched the natural heritage protection policies of the current PPS. The PPS policies require the long term protection of the ecological and biodiversity function of natural heritage systems, recognizing the linkages among natural heritage features and surface and ground water. Conservation Authority Capacity to Support ZONE Clarington 5.5. Conservation authorities in Durham Region have an integrated role in the land use planning system as "public bodies" under the Planning Act and its implementing regulations. Conservation authorities provide commentary and advice within their regulatory and policy mandate on land use planning matters, including ZONE Clarington. 5.6. The role of conservation authorities in the land use planning system is further defined through two Memoranda of Understanding (MOUs). The first MOU is between conservation authorities and the Ministry of Municipal Affairs and Housing and the Ministry of Natural Resources and Forestry. It outlines the delegated roles and responsibilities of conservation authorities to represent the provincial interests in planning matters that relate to natural hazards (flooding and erosion hazards) under the Provincial Policy Statement. The second MOU is between the Region of Durham and the conservation authorities within the Region. It outlines the roles and responsibilities with respect to land use planning services related to natural hazards and natural heritage, watershed management and other related matters. 5.7. Amendments to the Conservation Authorities Act were enacted earlier this year through the passage of Bill 108. The amendments included new requirements for conservation authorities to deliver `mandatory programs and services,' which include `programs and services related to the risk of natural hazards.' The details of such programs are forthcoming in provincial regulations, however, it is clear that the existing conservation authority roles in the planning system relate directly to programs and services related to the risk of natural hazards (i.e. providing technical information and planning commentary and advise for flooding and erosion hazards). 5.8. On August 1, 2019, Planning Services Department staff met with staff from CLOCA and GRCA as part of setting out a protocol for site -specific EP zoning reviews and site visits, including confirming the involvement of the Conservation Authorities. The Conservation Authorities confirmed their willingness to support the process with their technical knowledge, advice and site -specific knowledge to collaborate with Municipal staff to address the site -specific review requests in a timely manner. 5.9. Municipal staff are able to utilize the technical advisory role of the conservation authorities to further refine the draft zoning by-law and mapping to address landowner concerns wherever possible and to further understand issues that may exist if Municipality of Clarington Report PSD-040-19 Page 17 refinements are not warranted. While decisions are required to be consistent with, or conform to, provincial legislation and policy, the Municipality is the decision maker with respect to the Zone Clarington project, .which the Conservation Authorities play an advisory role. Municipal staff have an ongoing and productive working relationship with conservation authority staff in their integrated role in the planning system. As part of seeking final concurrence on the review process outlined in Table 1, Page 10, staff will formally confirm the capacity of CLOCA and GRCA to assist. East Gwillimbury Zoning By-law Appeal 5.10. On May 1, 2018, the Town of East Gwillimbury approved an updated zoning by-law for the municipality. In response to similar concerns raised by area landowners respecting zoning for environmental protection, the updated zoning by-law passed by the East Gwillimbury council maintained the private property environmental protection boundaries from their 1997 zoning by-law. This ensured that any permissions allowed under the existing East Gwillimbury by-law were maintained and no restrictions were added to private property. 5.11. On June 12, 2018, the Lake Simcoe Region Conservation Authority (LSRCA) filed an appeal to the Local Planning Appeal Tribunal (LPAT) (LPAT Case No. PL180594) and provided the following three grounds of appeal: • The ZBL Schedule A maps are inconsistent with the Provincial Policy Statement; • The ZBL Schedule A maps fail to conform to and conflict with provincial plans; • The ZBL Schedule A maps fail to conform to the Region and Town Official Plans. 5.12. Subsequently, the Town of East Gwillimbury and LSRCA have agreed to the use of mediation toward a possible settlement. While agreements in principle have been reached between the Town of East Gwillimbury and LSRCA, which include maintaining the mapping as approved by the Town of East Gwillimbury Council in June 2018 and the addition of regulatory text in the zoning by-law stating the need for a planning approval process including environmental evaluation of features for new development with or adjacent to a significant environmental feature, a formal LPAT settlement hearing has not yet occurred. Deferral of Rural Area Zoning By-law Review 5.13. In accordance with #JC-117-19, staff will pause work on the rural portion of ZONE Clarington for a period of three months and within this period will report back to Council to provide updates on the status of the three matters outlined in Section 5.1. An exception to this is that staff will continue to address site inspection requests for the purposes of verifying environmental features, as directed in Resolution #JC-117-19. The process that staff will undertake for receiving, tracking, evaluating and responding to site inspection requests is outlined in Table 1, Page 10. Municipality of Clarington Report PSD-040-19 Page 18 5.14. For clarity, effective September 16, 2019, work on the zoning by-law review will include the following: • Continuing to receive requests for, and will be undertaking, the site -specific environmental protection zoning review process (see Table 1) (subject to final concurrence by the of Conservation Authority staff); • Receiving and logging written comments submitted in response to the first draft zoning by-law; • Preparation and distribution of written public notice of the zoning by-law review (subject to Council's decision on this report); and • Research and the preparation of proposed zoning regulations and mapping for Clarington's urban areas. 5.15. During the `pause' period, staff will continue to answer questions and direct landowners to ZONE Clarington information and resources that are currently available. The preparation and publication of any new information and resources will be limited to urban -specific zoning topics. In addition, staff will not coordinate or participate in any public information sessions or presentations relating to the proposed first draft zoning by-law (the rural portion). 5.16. Project related communications will continue as outlined in Report PSD-060-17 which indicated that communication and engagement will occur throughout the review process and will be customized for each of the phases. Strategies will seek to share information about the process and subject matters being reviewed and will engage Council, the public and stakeholders to obtain feedback and comments. Communication and engagement to make the community aware of the overall ZONE Clarington project and work on the Urban phase will continue. 6. Conformity with Provincial Policy 6.1. Resolution #PD-104-19 requested staff report back on "whether the proposed zoning by-law is ultra vires to the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within the Natural Core and Natural Linkage Areas of the Oak Ridges Moraine." Municipality of Clarington Page 19 Report PSD-040-19 Policy Conformity 6.2. The statement `ultra vires' suggest that one has acted beyond one's legal power or authority. The final draft zoning by-law that will be presented to Council for a decision must conform to Provincial policy, including the Oak Ridges Moraine Conservation Plan and Act. Staff has, and will continue to review the draft zoning by-law in accordance with Provincial policy documents, the Region of Durham Official Plan and Clarington Official Plan. 6.3. Although Council has approval authority over zoning by-laws, the Region of Durham has review responsibility for conformity with provincial policy documents and legislation. Regional staff were circulated on the first draft zoning by-law and will continue to be circulated on subsequent drafts for comments. No indication has been provided by Regional Staff to suggest the first draft zoning by-law is "ultra vires". 6.4. If the Region of Durham identifies conformity issues, staff will provide corrections in the subsequent draft zoning by-law. Planning staff at both the Municipality and the Region of Durham will work to ensure the proposal is not "ultra vires" with any Provincial policies or legislation. It should be noted that Clarington's Zoning By-law 2005-109 (Oak Ridges Moraine) was approved by the Minister of Municipal Affairs and Housing on March 24, 2010. 6.5. The Municipal Solicitor will be providing a report regarding whether the proposed zoning by-law is "ultra vires" when the Zoning By-law comes forward for approval. Implementation of Provincial Policies 6.6. Since review of proposed zoning by-laws in relation to Provincial policy has been downloaded to the Region of Durham, planners at the Ministry of Municipal Affairs and Housing (MMAH) would not have direct involvement in this process to see how the policies they formulate are being implemented. It is apparent from Resolution #JC-117- 19 that there are significant concerns within the Clarington community with provincial policy implementation relating to the MVPZ and ERA. It would be appropriate for staff at the Ministry of Municipal Affairs and Housing to follow the progress of the ZONE Clarington project to be informed on the policy implementation issues. Clarington staff have been in conversation with staff at MMAH and requested that they pass on information and resources that could assist with our review. 6.7. Historically, many farm houses and buildings were located in proximity to watercourses for ease of access to water. Due to this pattern of development, many rural houses and agricultural buildings are within the EP zone and MVPZ and would be subject to additional approvals in order to expand. Staff at the Ministry of Municipal Affairs and Housing could provide advice on how best to implement policies related to agriculture and the environment that strike a balance to protect both policy priorities without being overly bureaucratic or requiring undue additional processes. Municipality of Clarington Page 20 Report PSD-040-19 7. Concurrence Not Applicable. 8. Conclusion 8.1. The first draft Zoning By-law released in November 2018 was the first of three draft versions planned for release for public and agency comment prior to the recommendation of a new, consolidated zoning by-law to Council for approval. There will be ample opportunity for the public to engage with Staff throughout the next phases of the ZONE Clarington project. Staff receive inquiries on the project daily, and continue to discuss the project with residents to help them understand the project and ensure they have accurate information in order to provide meaningful feedback. 8.2. No changes to the first draft zoning by-law, including mapping will be made in the interim. Changes to address submissions and comments from agencies will occur during the creation of the second draft which is not expected to be released for at least a year. This includes changes to the current version of the ZONE Clarington interactive eMap tool. 8.3. Staff will continue to log submissions and site visit requests. Site visits will be determined based on the recommended process outlined in Sections 3.5 to 3.9 and more specifically in Table 1, Page 10. Those who have requested site visits will be contacted as part of that process. 8.4. It would be appropriate for staff at the Ministry of Municipal Affairs and Housing to be advised of this report. MMAH staff should follow the progress of ZONE Clarington to understand how implementing provincial policies at the municipal level is challenging. Municipality of Clarington Report PSD-040-19 Page 21 Staff Contact: Tracey Webster, Senior Planner, 905-523-3379 ext 2415 or twebster(@.clarington.net; Amy Burke, Acting Manager of Special Projects, 905-623-3379 ext 2423 or aburke@clarington.net. Glossary of Terms Attachments: Attachment 1 — Council Resolution #PD-103-19, #PD-104-19, #JC-115-19 and #JC-117-19 Attachment 2 — Resolution Consolidation, by Topic Attachment 3 — Notice Letter — Announcement of Zone Clarington, dated September 25, 2017 Attachment 4 — Notice Letter — New Draft Zoning By -Law Notice of Release for Public Comment, dated November 14, 2018 Attachment 5 — First Draft Zoning By -Law Public Open House Newspaper Advertisement Attachment 6 — Notification Cost Estimate Details Attachment 7 — Listing of Significant Environmental Features Attachment 8 — Memo, August 9, 2019: ZONE Clarington — Policies requiring buffers to environmental features Interested Parties: List of Interested Parties available from Department. Municipality of Clarington Report PSD-040-19 Glossary of Terms CA Act Conservation Authorities Act CLOCA Central Lake Ontario Conservation Authority EP Environmental Protection ERA Environmental Review Area GRCA Ganaraska Region Conservation Authority LPAT Local Planning Appeal Tribunal LSRCA Lake Simcoe Region Conservation Authority MMAH Ministry of Municipal Affairs and Housing MNRF Ministry of Natural Resources and Forestry MVPZ Minimum Vegetation Protection Zone ORMCP Oak Ridges Moraine Conservation Plan PPS Provincial Policy Statement (2014) Clarington Attachment 1 to Report PSD-040-19 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. July 11, 2019 Dear Interested Parties: Re: Agricultural Land Uses and Environmental Protection Clerk's File Number: PG.25.06 At a meeting held on July 2, 2019, the Council of the Municipality of Clarington approved the following Resolution #PD-103-19: That, as part of the Zone Clarington exercise, Staff be directed to report back on a process whereby Official Plan amendments made to correct errors in Environmental Protection designations in Clarington's Official Plan be made at no cost to the property owner. Later in the meeting, the Council of the Municipality of Clarington approved the following Resolution #PD-104-19: That the Staff Presentation on Agricultural Land Uses and Environmental Protection be received; That Clarington Staff report back on whether the proposed zoning by-law is ultra vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link Areas of the Oak Ridges Moraine; That Clarington Staff report back, in general, on whether setbacks were added to properties proposed to be re -zoned to Environmental Protection and if so, what justification Staff have for such expansion of the setbacks; That Clarington Staff afford any owners of a property affected by the proposed zoning changes the opportunity to have their properties inspected to verify any Environmental Protection features; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net N July 11, 2019 That every landowner materially affected by the Zoning By -Law Amendment be notified of the proposed change in zoning in writing where there is an expansion of EP lands, and be invited to provide input, either through a representative or personally, regarding the proposed re -designation; That the Municipal Solicitor report to Council with a report outlining legal ramifications of not conforming to the Official Plan; and All interested parties and any delegations be advised of Council's decision. Yours truly, C. Anne Greentree, B.A., CMO Municipal Clerk AG/sg C. Bell Canada Clarington Board of Trade Canadian Pacific Railway Canadian National Railway Central Lake Ontario Conservation Authority Conseil Scolaire Viamonde Conseil Scolaire Catholique Mon Avenir Elexicon Energy Inc. Enbridge Gas Ganaraska Region Conservation Authority Hydro One Kawartha Pine Ridge District School Board Ministry of Transportation Ministry of Natural Resources and Forestry Peterborough Victoria Northumberland and Clarington Catholic School Board Regional Municipality of Durham — Planning Division Rogers Cable ���WOn Memo If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Faye Langmaid, Director of Planning Services From: June Gallagher, Deputy Clerk Date: September 17, 2019 Subject: Zone Clarington — Environmental Review Area & Minimum Vegetation Protections Zone and Environmental Protection Areas File: PG.25.06 At a meeting held on September 16, 2019 the Council of the Municipality of Clarington approved the following Resolutions: #JC-115-19: That staff be directed to delete the Environmental Review Area (90 metres) and Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law amendment. #JC-117-19: Whereas a draft zoning by-law for the rural portions of the Municipality of Clarington was released in November 2018 for comment; and Whereas there has been much concern with respect to the zoning of Environmental Protection (EP) Areas in the draft zoning by-law; and Whereas the Provincial Policy Statement (PPS) has been issued for review and comment; and Whereas the proposed East Gwillimbury Zoning By-law has been appealed to the Local Planning Appeal Tribunal (LPAT); and Whereas Bill 108 proposes to amend the Conservation Authorities Act and regulations, and the Conservation Authorities (CAs) have been advised to restrict their services to core functions; and Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington, advised members of the public and municipal Councillors present, that as a Provincial Policy Statement is being reviewed by the Minister of Municipal Affairs, and movement to move forward on EP zoning would be irresponsible; The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1 905-623-3379 Faye Langmaid - 2 - September 17, 2019 Now therefore be it resolved that: 1. Planning Services Staff be instructed to pause their work on the rural portion of Zone Clarington for a period of three months, until (a) a decision has been rendered for the East Gwillimbury LPAT case; (b) there is greater clarity on the PPS revisions; and (c) it is confirmed that the CAs will have capacity to assist with review of natural heritage features; 2. Staff report back within 3 months on any changes that have taken place with respect to paragraph (1); 3. Staff report back on September 30, 2019 on the process for municipal led Official Plan amendments to the Clarington Official Plan, for correcting errors in EP designations at no cost to the landowners; 4. Staff report back to the September 30, 2019 on notifying landowners of the EP changes which took place in the recent Official Plan amendments, as well as EP changes for Zone Clarington; and 5. The inspection of properties by municipal staff continue where requested by landowners. Deputy Clerk JG/lp Attachment 2 to Report PSD-040-19 Resolution Consolidation - By Topic Resolution Date Resolution Direction Number: Notice PD-104-19 Jul. 2, That every landowner materially affected by the Zoning By- 2019 law Amendment be notified of the proposed change in zoning in writing where there is an expansion of EP lands, and be invited to provide input, either through a representative or personally, regarding the proposed re - designation. JC-117-19 Sep. 16, That Staff report back to the September 30, 2019 on 2019 notifying landowners of the EP changes which took place in the recent Official Plan amendments, as well as EP changes for ZONE Clarington. Re -Evaluation of Proposed Environmental Protection Zoning & Correction of Official Plan Designation Errors PD-104-19 Jul. 2, That Clarington Staff afford any owners of a property 2019 affected by the proposed zoning changes the opportunity to have their properties inspected to verify any Environmental Protection features. JC-117-19 Sep. 16, That the inspection of properties by municipal staff continue 2019 where requested by landowners. PD-103-19 Jul. 2, That, as part of the Zone Clarington exercise, Staff be 2019 directed to report back on a process whereby Official Plan amendments made to correct errors in Environmental Protection designations in Clarington's Official Plan be made at no cost to the property owner. JC-117-19 Sep. 16, That Staff report back on September 30, 2019 on the 2019 process for municipal led Official Plan amendments to the Clarington Official Plan, for correcting errors in EP designations at no cost to the landowners. Natural Heritage System Setbacks PD-104-19 Jul. 2, That Clarington Staff report back, in general, on whether 2019 setbacks were added to properties proposed to be re -zoned to Environmental Protection and if so, what justification Staff have for such expansion of the setbacks. JC-115-19 Sep. 16, That staff be directed to delete the Environmental Review 2019 Area (90 metres) and Minimum Vegetation Protection Zone (30 metres) from the draft zoning by-law amendment. Deferral of Rural Area Zoning Review JC-117-19 Sep. 16, That Planning Services Staff be instructed to pause their 2019 work on the rural portion of Zone Clarington for a period of three months, until Attachment 2 to Report PSD-040-19 Resolution Consolidation - By Topic Resolution Date Resolution Direction Number: A decision has been rendered for the East Gwillimbury LPAT case; (b) There is greater clarity on the PPS revisions; and (c) It is confirmed that the CAs will have capacity to assist with review of natural heritage features. JC-117-19 Sep. 16, That Staff report back within 3 months on any changes that 2019 have taken place with respect to [East Gwillimbury / PPS review / CA capacity for NHS review requests]. Conformitywith Provincial Policy PD-104-19 Jul. 2, That Clarington Staff report back on whether the proposed 2019 zoning by-law is ultra vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link Areas of the Oak Ridges Moraine. Other — Addressed by Confidential Report LGL-010-19 PD-104-19 Jul. 2, That the Municipal Solicitor report to Council with a report 2019 outlining legal ramifications of not conforming to the Official Plan; and Attachment 3 to Clarington September 25, 2017 Dear Sir / Madam, Report PSD-040-19 ZONE Clarington Re: ZONE Clarington —Comprehensive Zoning By-law Review Project (Rural Area Phase) The Planning Services Department has initiated a comprehensive review of Clarington's zoning by-laws. ZONE Clarington will update our current zoning regulations to implement the policies and goals of the revised Clarington Official Plan, address emerging trends, reflect current planning standards and best practices, and make the document easier to use and understand. With the Project Initiation Phase nearly complete, ZONE Clarington is now examining zoning in Clarington's rural areas, including lands within the Oak Ridges Moraine. Your organization has been identified as a potential key stakeholder for the Rural Area Phase of ZONE Clarington. As such, we want to ensure that you are aware of how to stay informed and up-to-date on project progress, and encourage you to subscribe to receive future project updates and information. On September 18, 2017, Council of the Municipality of Clarington received Staff Report PSD- 060-17 outlining the need for the zoning by-law review and providing an overview of the review approach, including public consultation and engagement. The report is available at www.clarington.net/ZoneClarington. To assist the Municipality with its review of the zoning by-laws, we will be engaging Council, the community, and key stakeholders to obtain feedback and comments on zoning matters of interest. Project information and consultation event notices will be posted on the ZONE Clarington webpage (www.clarington.net/ZoneClarington). To receive project updates and be notified of upcoming open houses, public meetings, or other events, subscribe on the ZONE Clarington website, or contact us by email (zoneclarington(@clarington.net) or phone (905-623-3379 ext. 2415). Yours truly, Tracey Webster, Senior Planner ZONE Clarington Project Co -Lead Development Review Branch Amy5/41 urke:, Senior Planner ZONE Clarington Project Co -Lead Special Projects Branch ACB/av NDepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 40 2016-2018 Zoning By -Law Review\Communication and Engagement\NoticeM2017'09'25 LTR_Zone Clarington_Rural Ph Notice.docx CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net Attachment 4 to Clarington November 14, 2018 Dear Sir / Madam, Re: New Draft Zoning By-law Notice of Release for Public Comment Re ort PSD-040-1 IOHECIarington We are excited to announce the release of a new Draft Zoning By-law for public review and comment. The proposed draft zoning by-law includes updated general provisions that apply to all of Clarington and rural zoning regulations. An online mapping tool is also available that shows the current zoning and proposed future zoning for land parcels within the municipality. These can be viewed on the ZONE Clarington webpage (www.clarington.net/ZoneClarington), where you can submit feedback on the draft zoning by-law and comments on zoning matters of interest. Copies of the draft zoning by-law are also available at the Planning Services Department and at the Clarington Public Libraries. We encourage you to subscribe on the ZONE Clarington website to receive project updates and be notified directly of the upcoming open houses, public meetings, or other events. The first Open House Session to share information and gather input on the Draft Zoning By-law (November 2018) will be announced soon, in local newspapers and on the webpage. Alternatively, you can contact us by email(zoneclarington(a)-clarington.net) or phone (905-623-3379 ext. 2415). Yours truly, Tracey Webster, Senior Planner ZONE Clarington Project Co -Lead Development Review Branch ACB/av Amy Burke, Senior Planner ZONE Clarington Project Co -Lead Special Projects Branch CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net Ir RM- .- List of First Draft Zoning By-law IONEClarington Newspaper Advertising Notice of Release of First Draft Zoning By-law Attachment 5 to Report PSD-040-19 The following ad was published in the Orono Weekly Times and Clarington This Week on Wednesday, November 14, 21, 28, and December 5, 2018: L.Lnr waringionJ� Draft Comprehensive Zoning By-law Available for Public Comment The first draft of Clarington's proposed new zoning by-law is now available for public comment. NNE Clarington is an initiative put in place to review the Clarington's existing zoning by-laws and replace them with a comprehensive zoning by-law that would implement the policies and goals of the revised Official Plan. What is in the first draft? ZONE Clarington The first draft contains updated general provisions that apply to all of Clarington and rural zoning regulations. An online mapping tool is also available that shows the current zoning and proposed future zoning for land parcels within the municipality. Have your say and stay informed Visit www.clarington.net/ZoneClarington to read the first draft zoning by-law, submit feedback, and subscribe to receive project updates and notice of upcoming events. Copies of the draft zoning by-law are also available at the Planning Services Department and at the Clarington Public Libraries. Open House Sessions to share information and gather input on the draft zoning by-law will be held in early 2019- Dates to be announced soon. Notice of First Draft Zoning By-law Open House Sessions: The following ad was published in the Orono Weekly Times and Clarington This Week on January 9, 16 and 23 and 30, 2019: OPEN HOUSE 1. First Draft Comprehensive Zoning By-law ZONECIarington COME AND TELL US WHAT YOU Z 0 N E Clarington is a project to review and replace the municipality's existing zoning by-laws. The first draft contains updated general provisions that apply to all of Clarington and rural zoning regulations. 'rime Date / Location Tuesday, January 29 Tyrone Community Centre 4:30 to 8:30 p.m. 2716 Concession Road 7, Tyrone Wednesday, January 30 Kendal Community Centre 4:30 to 8:30 p.m. 6742 Newtonville Road, Kendal Tuesday, February 5 Solina Community Hall 4:30 to 8:30 p.m. 1964 Concession Road 6, Solina Wednesday, February 6 Garnet B. Rickard Recreation Complex 4:30 to 8:30 p.m. 2440 Highway 2, BowmanviIIe If you plan to attend a meeting and have accessibility needs, contact the Accessibility Coordinator one week prior to the open house date at 905-623-3379 ext. 2131, or email accessibilityCclarington.net. For more information and to view the first draft of the Zoning By-law, visit www.claringion.net/ZoneClarington or contact ZoneClaringtonCclarington.net, 905-623-3379 ext. 2415. Ir RM-. List of First Draft Zoning By-law IONEClarington Newspaper Advertising Due to inclement weather, the open house session scheduled for February 6, 2019 was cancelled. The following ad was published in the Orono Weekly Times and Clarington This Week on February 20 and 27, 2019 to advertise the rescheduled meeting date: OPEN HOUSE We are looking for your input on the First Draft of the Comprehensive Zoning By-law NEW DATE: Monday, March 4, 4:30 to 8 p.m. Garnet B. Rickard Recreation Complex 2440 Highway 2, Bowmanville www.clarington.net/ZoneClarington ZoneClarington@clarington.net Please inform us if you have • :: accessibility needs in order to $R�I■ attend the meeting. ZQNEClarington Attachment 6 to Report PSD-040-19 Notification Cost Estimate Details Addressed Direct Mail Addressed Addressed Letter Mail to all Letter (by Mail Letter to Mail Letter to included Clarington postal code) Property Property in Final Property to all Owners with Owners with Tax Bill Owners Clarington a change in an increase Addresses & EP Land Use in proposed Addressed (Rural only) EP Zoning Mail to (Rural only) Property Owners outside Clarington Printing $3,362 $4,205 $309 $319 $3,362 Cost Postage $27,871 $9,122 $2,555 $2,644 N/A Cost Total $31,233 $13,327 $2,864 $2,963 $3,362 Cost Number of Landowners in Clarington Area Number of Landowners All rural landowners 5,540 Rural lands affected by proposed reduction to EP zoning 1,012 Rural lands affected by proposed expansion to EP zoning 3,039 Urban landowners 26,704 Total number of Clarington landowners 32,035 Attachment 7 to Report PSD-040-19 Significant Environmental Features that Comprise Clarington's Natural Heritage System In accordance with the Clarington Official Plan (policy 3.4.2), the following natural heritage features and hydrologically sensitive features comprise the natural heritage system: • Natural Heritage Features • Wetlands; • Areas of Natural and Scientific Interest; • Significant Woodlands; • All significant Valleylands; • Fish habitat and riparian corridors; • Habitat of endangered species and threatened species; • Rare vegetation communities, including sand barrens, savannahs and tallgrass prairie; and • Wildlife habitat. Hydrologically Sensitive Features • Wetlands; • Watercourses; • Seepage areas and springs; • Groundwater features; and • Lake Ontario and its littoral zones. Clarftwn Attachment 8 to Report PSD-040-19 Memo Planning Services Department If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning Services Date: August 9, 2019 Subject: ZONE Clarington — Policies requiring buffers to environmental features File: PLN 40 At a meeting on July 24, 2019 Councillor Neal and Councillor Jones requested a memo outlining the policies that require buffers for environmental features. In the context of the draft Zoning By-law, buffers would be the Minimum Vegetation Protection Zone Overlay and the Environmental Review Area Overlay. The draft Zoning By-law can be found on our website at www.clarington.net/zoneclarington. The chart attached outlines all Provincial, Regional and local polices that relate to the buffers. Links to the documents are provided. The policy term for the Environmental Review Area is minimum area of influence. Staff will provide discussion on these policies in the report responding to #PD-104-19 scheduled for the September 30, 2019 Planning and Development Committee meeting. Should you have any questions, Amy Burke, Tracey Webster, Carlo Pellarin or I would be happy to respond. Faye Langmaid Acting Director of Planning Services CC' Andrew Allison, CAO Department Heads Carlo Pellarin, Manager, Development Review Branch Amy Burke, Acting Manager, Special Projects Branch Tracey Webster, Senior Planner, Development Review Branch I:\^Department\PLN Files\PLN 40 2016-2018 Zoning By -Law Review\Council Reports\MEM_Mayor and Council_re buffers_9'08'19.docx The Corporation of the Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 1 905-623-3379 Page 12 Attachment 1 Section Policy Provincial Policy Statement http://www.mah.gov.on.ca/AssetFactory.aspx?did=10463 2.1.8 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5 and 2.1.6 unless the ecological function of the adjacent land has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions. Greenbelt Plan http://www.mah.gov.on.ca/Pagel3783.aspx 3.2.5.1. Development or site alteration is not permitted in key hydrologic features and key natural heritage features within the Natural Heritage System, including any associated vegetation protection zone, with the exception of: a) Forest, fish and wildlife management; b) Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest and after all alternatives have been considered; or c) Infrastructure, aggregate, recreational, shoreline and existing uses, as described by and subject to the policies of section 4. 3.2.5.4. In the case of wetlands, seepage areas and springs, fish habitat, permanent and intermittent streams, lakes and significant woodlands, the minimum vegetation protection zone shall be a minimum of 30 metres measured from the outside boundary of the key natural heritage feature or key hydrologic feature. 3.2.5.5. A proposal for new development or site alteration within 120 metres of a key natural heritage feature within the Natural Heritage System or a key hydrologic feature anywhere within the Protected Countryside requires a natural heritage evaluation or a hydrological evaluation which identifies a vegetation protection zone which: Page 13 a) Is of sufficient width to protect the key natural heritage feature or key hydrologic feature and its functions from the impacts of the proposed change and associated activities that may occur before, during and after construction and, where possible, restore or enhance the feature and/or its function; and b) Is established to achieve and be maintained as natural self-sustaining vegetation. 3.2.5.7. Notwithstanding section 3.2.5.5, new buildings and structures for agricultural, agriculture -related or on -farm diversified uses are not required to undertake a natural heritage or hydrologic evaluation if a minimum 30 metre vegetation protection zone is provided from a key natural heritage feature or key hydrologic feature. In addition, these uses are exempt from the requirement of establishing a condition of natural self-sustaining vegetation if the land is and will continue to be used for agricultural purposes. However, agricultural, agriculture - related and on -farm diversified uses shall pursue best management practices to protect and/or restore key natural heritage features and key hydrologic features and functions. Oak Ridges Moraine Conservation Plan http://www.mah.gov.on.ca/Pagel3788.aspx 21 1 (1) For the purposes of this Part, (a) the minimum area of influence that relates to a key natural heritage feature or a key hydrologic feature described in Column 2 of the Table to this Part is the area referred to in the corresponding item in Column 3 of the Table; and (b) the minimum vegetation protection zone that relates to a key natural heritage feature or a key hydrologic feature described in Column 2 of the Table is the area determined in accordance with the corresponding item in Column 4 of the Table. (2) If land falls within more than one key natural heritage feature or key hydrologic feature described in Column 2 of the Table, the minimum area of influence described in Column 3 that is the largest and the vegetation protection zone described in Column 4 that is the largest shall apply with respect to each feature for the purposes of this Plan. (3) With respect to land that is in a Settlement Area on April 22, 2002, any provision referred to in subsection (4) Page 14 prevails, to the extent of any conflict, over clause (1) (b) and subsection (2). (4) Subsection (3) applies with respect to a provision of the applicable official plan or zoning by-laws, as the case may be, that is adopted on the basis of, (a) environmental studies; or (b) infrastructure planning including, without limitation, environmental assessments, infrastructure servicing studies and master environmental servicing studies. (See Attachment 2 for the Table) 22 (2) All development and site alteration with respect to land within a key natural heritage feature or the related minimum vegetation protection zone is prohibited, except the following: 1. Forest, fish, and wildlife management. 2. 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. 3. Development of infrastructure in accordance with the requirements set out in section 41. 4. Low -intensity recreational uses as described in section 37. 5. Any development and site alteration in Countryside Areas or Settlement Areas that is within the habitat of an endangered or threatened species, but only if, it is not prohibited under the Endangered Species Act, 2007 and it complies with any requirements or restrictions under that Act, and ii. it is not within any other key natural heritage feature or the related minimum vegetation protection zone. 6. Agricultural uses other than uses associated with on -farm buildings and structures, but only with respect to land in the minimum vegetation protection zone related to a key natural heritage feature and not in the key natural heritage feature itself. Page 15 22 (3) An application for development or site alteration with respect to land within the minimum area of influence that relates to 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. 22 (4) Despite subsection (3), a natural heritage evaluation is not required in the case of an application relating to the construction of a new building or structure in the minimum area of influence of a key natural heritage feature if the proposed building or structure is for agricultural uses, agriculture -related uses or on -farm diversified uses and is located a minimum of 30 metres from the key natural heritage feature. 22 (5) Any agricultural uses, agriculture -related uses or on -farm diversified uses that are carried out in the minimum area of influence that relates to a key natural heritage feature shall be carried out in accordance with best management practices to protect or restore key natural heritage features and related ecological functions. 26 (2) All development and site alteration with respect to land within a key hydrologic feature or the related minimum vegetation protection zone is prohibited, except the following- 1 . Forest, fish, and wildlife management. 2. Conservation and flood or erosion control projects, but only if they are determined to be necessary in the public interest after all alternatives have been considered. 3. Development of infrastructure in accordance with the requirements set out in section 41. 4. Low -intensity recreational uses as described in section 37. 5. Agricultural uses other than uses associated with on -farm buildings and structures, but only with respect to land in the minimum vegetation protection zone related to a key hydrologic feature and not in the key hydrologic feature itself. 26 (3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a key hydrologic feature, but outside the key hydrologic Page 16 feature itself and the related minimum vegetation protection zone, shall be accompanied by a hydrological evaluation under subsection (4). Region of Durham Official Plan https://www.durham.ca/en/doing- business/resources/Documents/PI anningandDevelop ment/Official-Plan/2017-Durham- Regional-Official-Plan-Consolidation.pdf 2.3.14 The general location of key natural heritage and/or hydrologic features are shown on Schedule 'B' — Map 'B1'. The individual features and their associated vegetation protection zones are to be identified and shown in more detail in area municipal official plans and zoning by-laws. The location and extent of key natural heritage and/or hydrologic features may be further confirmed through appropriate studies such as a watershed plan or an environmental impact study in accordance with Policy 2.3.43. 2.3.15 Development or site alteration is not permitted in key natural heritage and/or hydrologic features, including any associated vegetation protection zone, with the exception of: a) forest, fish and wildlife management; b) conservation and flood or erosion control projects demonstrated to be necessary in the public interest and after all alternatives have been considered; c) infrastructure, subject to the policies of the Greenbelt Plan and this Plan; d) minor recreational uses such as trails, footbridges and picnic facilities, and existing uses; e) agriculture, in accordance with Policies 2.3.18 and 14.5.4; or f) aggregate extraction, in accordance with Policies 9D.2.9 and 9D.2.10. 2.3.16 Within Urban Areas and Rural Settlements, the vegetative protection zone shall be determined through an environmental impact study, in accordance with Policy 2.3.43. The scope of the environmental impact study for any development or site alteration shall be determined in accordance with the Council approved EIS Guideline. Page 17 2.3.17 Outside of Urban Areas and Rural Settlements, an environmental impact study, in accordance with Policy 2.3.43, shall be required for any development or site alteration within 120 metres of a key natural heritage or hydrologic feature to identify a vegetation protection zone which: a) is of sufficient width to protect the feature and its functions from the impacts of the proposed change and associated activities that may occur before, during, and after, construction; b) where possible, will restore or enhance the feature and/or its function; and c) will maintain natural self-sustaining vegetation. The vegetation protection zone for wetlands, seepage areas and springs, fish habitat, permanent and intermittent streams, lakes, and significant woodlands, shall be a minimum of 30 metres wide, measured from the outside boundary of the feature. 2.3.18 Notwithstanding any other policies of this Plan to the contrary, new buildings and structures used for agriculture within the Greenbelt Natural Heritage System must provide a 30 metre vegetation protection zone from a key natural heritage or hydrologic feature. This vegetation protection zone may consist of natural self-sustaining vegetation or agricultural crops if the land is, and will continue to be, used for agricultural purposes. However, best management practices should be pursued to protect and/or restore key hydrologic features and functions. 1013.2.6 Development and site alteration shall be prohibited within key natural heritage features and hydrologically sensitive features and their related minimum vegetation protection zone as identified by the Table in Part III of the Oak Ridges Moraine Conservation Plan. In accordance with the policies of the Oak Ridges Moraine Conservation Plan, conservation and resource management, transportation, infrastructure and utilities and low -intensity recreational uses may be permitted. Within the portion of the Uxbridge Urban Area that falls within the Oak Ridges Moraine, the required minimum vegetation protection zone identified in an environmental impact study shall prevail. 1013.2.7 An environmental impact study, in accordance with Policy 2.3.43, shall include a natural heritage evaluation and/or a hydrological evaluation, as detailed in the Oak Ridges Moraine Conservation Plan where new development or site alteration is proposed within the minimum area of influence surrounding a key natural heritage feature and/or a hydrologically sensitive feature as identified by the Table in Part III of the Oak Ridges Moraine Conservation Plan. This evaluation shall: a) demonstrate that the development and site alteration applied for will have no adverse effects on the features and functions of the key natural heritage feature and/or the hydrologically sensitive feature; b) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and/or hydrologically sensitive feature; c) in the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features and, hydrologically sensitive features will be maintained and improved during and after construction; d) determine whether the minimum vegetation protection zone is sufficient to protect the features and its functions and if not, specify whether a greater protection zone is necessary; and e) ensure compliance with the requirements of the Department of Fisheries and Oceans Canada where fish habitat is of concern. An environmental impact statement may result in a minimum vegetation protection zone greater than that specified in the Table in Part III of the Oak Ridges Moraine Conservation Plan. 1013.2.9 No new agricultural uses and/or agriculture -related uses shall be permitted within a key natural heritage feature and/or a hydrologically sensitive feature and their associated minimum vegetation protection zone. 10B.2.11 The general location of Areas of Natural and Scientific Interest (earth science) are shown on Schedule 'B' — Map '131', Greenbelt Natural Heritage System & Key Natural Page 19 Heritage and Hydrologic Features. These features may be identified and shown in more detail in area municipal official plans and zoning by-laws. An application for development or site alteration with respect to land in 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 as outlined in the Oak Ridges Moraine Conservation Plan. Clarington Official Plan https://www.clarington.net/en/do-business/resources/Official- Plan/Clarington-Official-Plan.pdf 3.4.8 Development and site alteration with respect to land within a natural heritage feature and/or a hydrologically sensitive feature or within its vegetation protection zone is prohibited, except the following: a) Forest, fish and wildlife management; b) 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; c) Transportation, infrastructure and utilities, but only if the need for the project has been demonstrated by an Environmental Assessment, there is no reasonable alternative, and it is supported by a project specific Environmental Impact Study; and d) Low intensity recreation. 3.4.14 Table 3-1 identifies the minimum vegetation protection zone and the minimum area of influence of identified natural heritage system features. (See Attachment 3 for the Table) 3.4.15 An Environmental Impact Study, a Natural Heritage Evaluation and/or Hydrological Evaluation shall be undertaken for any development or site alteration proposed within the minimum area of influence of any natural heritage feature and/or hydrological sensitive feature identified in Section 3.4.2, 3.4.3 or 3.4.11 but outside the feature itself and the related minimum vegetation protection zone identified in Table 3-1 of this Plan. 3.4.16 The Environmental Impact Study, Natural Heritage Evaluation and/or Hydrological Evaluation required in Section 3.4.15 shall determine the vegetation protection zone based on the sensitivity of the features and ecological Page 110 functions of the natural heritage system but in no case will the vegetation protection zone be less than the minimum vegetation protection zone identified in Table 3-1 of this Plan. 3.4.17 Notwithstanding Section 3.4.15, and the Minimum Vegetation Protection Zone identified in the Urban or Rural Settlement Areas on Table 3-1, the following may apply: e) Where a significant woodlands is not associated with and/or adjacent to a hydrologically sensitive feature the minimum vegetation protection zone may be reduced to 10 metres; f) Where an in -fill lot is proposed, surrounding development setbacks shall be considered and a reduced minimum vegetation protection zone may be considered; g) In Greenfield Areas, the Minimum Vegetation Protection Zone may be modified only as a result of physical constraints of the site; and h) Any modification to the minimum vegetation protection zone provided for in this Section must be supported by the Environmental Impact Study, and provided there is no net loss on the total area of the Vegetation Protection Zone. 3.4.18 Notwithstanding Section 3.4.15, the preparation of an Environmental Impact Study, Natural Heritage Evaluation and/or Hydrological Evaluation is not required for an agricultural use, agriculture related use, or on -farm diversified use building or structure located within 120 metres of a natural heritage feature or hydrologically sensitive feature, provided the features and their functions are protected from the impacts of the proposed building or structure and provided the building or structure is located outside of the natural heritage system and the minimum vegetation protection zone. 14.4.3 The extent of the Environmental Protection Area designation includes a 30 metre vegetation protection zone from the natural heritage system and hydrologically sensitive features outside of Urban and Rural Settlement Areas. (Note: This chart does not include policies from the Growth Plan for the Greater Golden Horseshoe) Page 111 Attachment 2 - Oak Ridges Moraine Table TABLE Key Natural Heritage Features, Key Hydrologic Features and Areas of Natural and Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum Vegetation Protection Zones Column Column 2 Column 3 Column 4 1 Item Feature Minimum Area of Minimum Vegetation Protection Zone (21, Influence 21 23, 26(4), 30 12 1. Wetlands All land within 120 All land within 30 metres of any part of feature, metres of any part of subject to clause 23 (1) (d) if a natural heritage feature evaluation is required 2. Habitat of None None endangered and threatened species 3. Fish habitat All land within 120 All land within 30 metres of any part of feature, metres of any part of subject to clause 23 (1) (d) if a natural heritage feature evaluation is required 4. Areas of natural and All land within 120 As determined by a natural heritage evaluation scientific interest (life metres of any part of carried out under section 23 science) feature 5. Areas of natural and All land within 50 As determined by an earth science heritage scientific interest metres of any part of evaluation carried out under subsection 30 (12) (earth science) feature 6. Significant All land within 120 All land within 30 metres of stable top of bank, valleylands metres of stable top subject to clause 23 (1) (d) if a natural heritage of bank evaluation is required 7. Significant All land within 120 All land within 30 metres of the tree canopy drip woodlands metres of any part of line of the outermost trees within the woodland, feature subject to clause 23(1)(d) if a natural heritage evaluation is required 8. Significant wildlife All land within 120 As determined by a natural heritage evaluation habitat metres of any part of carried out under section 23 feature 9. Sand barrens, All land within 120 All land within 30 metres of any part of feature, savannahs and metres of any part of subject to clause 23 (1) (d) if a natural heritage tallgrass prairies feature evaluation is required 10. Kettle lakes All land within 120 All land within the surface catchment area or metres of the within 30 metres of any part of feature, surface catchment whichever is greater, subject to clause 26 (4) (c) area if a hydrological evaluation is required 11. Permanent and All land within 120 All land within 30 metres of meander belt, intermittent streams metres of meander subject to clause 26 (4) (c) and subsection 26 belt 5 if a hydrological evaluation is require 12. Seepage areas and All land within 120 All land within 30 metres of any part of feature, springs metres of any part of subject to clause 26 (4) (c) and subsection 26 feature 5 if a hydrological evaluation is re uired Page 112 Attachment 3 - Clarington Official Plan Table 3-1 Minimum Areas Of Influence and Minimum Vegetation Protection Zones Within Urban and Outside of Urban and Rural Settlement Rural Settlement Natural Heritage Areas Areas Minimum Area System Features Minimum Minimum Vegetation of Influence Vegetation Protection Zone Protection Zone Wetlands 30 metres All land within 30 metres of: Fish habitat and riparian corridors • the outermost extent of the Valleylands natural heritage feature • the stable top of Significant woodlands Watercourses 15 metres bank for Seepage areas and Valleylands springs . the dripline of the All land within outermost tree 120 metres of: within the woodland • any part of the natural • meander belt heritage Habitat of endangered feature species and threatened • stable top species of bank for Valleylands Areas of natural and scientific interest (life As determined by an Environmental Impact • meander science) Study or a Natural Heritage Evaluation in accordance with Provincial and Federal belt Wildlife habitat requirements. Rare Vegetation Communities including; Sand barrens, Savannahs and tallgrass prairies Areas of Natural and As determined by an Earth Science Heritage Scientific Interest (earth Evaluation science) Page 113 Table 3-1 Minimum Areas Of Influence and Minimum Vegetation Protection Zones Within Urban and Outside of Urban and Rural Settlement Rural Settlement Natural Heritage Areas Areas Minimum Area System Features Minimum Minimum Vegetation of Influence Vegetation Protection Zone Protection Zone Beach/Bluff As determined by a Geotechnical Evaluation and/or a Slope Stability Assessment