Report
to/Rapport au :
Agriculture
and Rural Affairs
Comité
de l'agriculture et des affaires rurales
and
Council / et au Conseil
Submitted
by/Soumis par : M. Rick O’Connor, City Clerk and Solicitor/
Greffier
et Chef du contentieux
Contact Person/Personne-ressource :
Timothy Marc, Senior Legal Counsel/Conseiller
juridique principal
Legal Services/Services juridiques
(613) 580-2424 x 21444, timothy.marc@ottawa.ca
SUBJECT: |
ENVIRONMENTAL POLICIES PROPOSED MODIFICATIONS TO OPA 76 |
OBJET : |
AIRE D’ÉTUDE SPÉCIALE DE FLEWELLYN POLITIQUES ENVIRONNEMENTALES CHANGEMENTS PROPOSÉS À LA MPO 76 |
That the Agriculture and Rural
Affairs Committee recommend Council endorse the modifications to Official Plan
Amendment No. 76 set forth in Documents 1 and 2 to this report.
Que le Comité de l’agriculture et
des affaires rurales recommande au Conseil d’appuyer les changements à la
Modification du Plan officiel no 76 présentés dans les
documents 1 et 2 du présent rapport.
BACKGROUND
An information report was submitted to the meeting of Agriculture and
Rural Affairs Committee held on January 27th, 2011 to provide an
update on the hearings concerning Official Plan Amendment No. 76 (“OPA 76”), the comprehensive official plan
amendment adopted by the City of Ottawa in June, 2009 pursuant to the Planning Act, section 26.
As noted in the Information Report, a hearing has been scheduled for
four weeks commencing June 6th,
2011 with respect to the environmental policies within OPA 76 and the Flewellyn
Special Study Area.
DISCUSSION
City staff have had discussions with several appellants/parties, including
the Ministry of Municipal Affairs and Housing with respect to the question of
possible resolutions and/or modifications before the Board at the upcoming
hearing. The outcome of these
discussions is set out below. The
proposed modifications to OPA 76 are set forth in Documents 1 and 2 to this
report.
Policy resolution with Taggart/Cavanagh/GOHBA
City staff have met with these appellants in an attempt to resolve
issues prior to the upcoming hearing.
During these discussions, Taggart and GOHBA agreed to release their
appeals of most of the environmental policies, recognizing that these policies
are consistent with the requirements of the Provincial Policy Statement. Some minor changes to the wording of specific
policies have been agreed upon to clarify the City’s intent. Cavanagh is also prepared to release several
appeals, but remains opposed to policies restricting development in and
adjacent to the Natural Heritage System, solid waste sites, and flood plains. Cavanagh’s proposed changes to these policies
are not consistent with the requirements of the Provincial Policy Statement and
cannot be supported by staff.
Redesignation of Taggart lands
Based upon an environmental study submitted by Taggart, staff are
recommending a change to Schedule R15 to reduce the area impacted by the
Flewellyn Special Study Area on Taggart’s property. However, staff do not
support Taggart’s recent request to re-designate the affected lands from General
Rural to Limestone Resource Area at the same time. The re-designation of these lands was not
raised as an issue by Taggart during the Official Plan review process, and was
not included as part of Taggart’s formal appeal. Staff do not feel that the appeals resolution
process is the appropriate venue to address this proposed change in land
use. The upcoming Mineral Aggregate
review, mandated by Council to inform the 2014 Official Plan review process,
will be a comprehensive study with extensive public consultation. If any changes
in mineral aggregate land use designations are determined to be necessary, the
City will amend the Official Plan accordingly.
Taggart is aware of this upcoming review and has the opportunity to
participate and provide input to any City-initiated Official Plan Amendment, or
to apply for a site-specific Official Plan Amendment at any time.
Additions to Flewellyn Special Study Area policy
The withdrawal of the petition for the proposed Upper Flowing Creek
Municipal Drain has necessitated changes to the Flewellyn Special Study Area
policy, which was developed based on the assumption that the drain would
proceed. Staff are proposing an
alternative means of determining the true extent of the significant wetland by
assessing the cumulative effects of past changes in drainage within the study
area.
In the interim, in addition to prohibition on development, as was
provided for in OPA 76 as modified by the Ministry of Municipal Affairs and Housing, site alteration will be
restricted, as is the case with other environmental designations (e.g Natural
Environment Areas, Urban Natural Features, Significant Wetlands ) in order to
meet the requirements of the Provincial Policy Statement. No new development will be permitted until
the boundaries of the significant wetland have been confirmed and the Special
Study Area overlay has been removed.
Site alteration will be controlled through the former Township’s topsoil
preservation by-law, which is still in effect for this area.
RURAL IMPLICATIONS
The Flewellyn Special Study Area is located within the rural area of the
City. The environmental policies are of
City-wide application and as such are a consideration with respect to rural
land use.
FINANCIAL IMPLICATIONS
City staff will constitute the legal counsel and witnesses for the City
in the hearing on the environmental policies and Flewellyn Special Study
Area. Thus, there will be no additional
cost for the City for this hearing.
CITY STRATEGIC PLAN
The proposed modifications are consistent with the goal in the City
Strategic Plan of providing protection to the Environment.
PUBLIC CONSULTATION
In addition to the public consultation leading up to the adoption of OPA
76, three pre-hearings were held by the Ontario Municipal Board at which
interested persons could seek status on the appeals before the Board.
The Flewellyn Special Study Area has been the topic of particular
interest. Therefore, staff will be
seeking to meet with community representatives in advance of the meeting of
Committee. In addition, this report will
be distributed to those on the electronic mailing list for the Upper Flowing
Creek Municipal Drain.
TECHNICAL IMPLICATIONS
Not applicable
DISPOSITION
Legal Services will present the proposed modifications, as such may be
endorsed by Council, to the Ontario Municipal Board
DOCUMENTATION
Document 1 – Proposed Modifications to text of OPA 76.
Document 2 – Proposed
Modification to Schedule R15.
Item |
Section |
OPA76 as Modified and Approved by the Ministry |
City Recommendation to the OMB |
14 |
2.4.2,
Natural Features and Functions |
Section
2.4.2, Natural Features and Functions, is hereby amended as follows: a) by deleting from the first
paragraph of the Preamble the third sentence that begins with the phrase “The
provinces and municipalities have…”; b) by deleting from the
Preamble the second and third paragraphs; c) by inserting after the first
paragraph of the Preamble the following new paragraphs: “The
province and municipalities have examined natural features in the past, on
the basis of their size, species diversity, and other characteristics, to
determine those that are the most significant and warrant protection through
public ownership or through regulations concerning their development. In Ottawa, most of these significant
woodlands and wildlife habitat are designated as Natural Environment Areas
and Rural Natural Features and include wetlands that, while not
provincially-significant, maintain the natural function of the area. These features, in addition to
provincially-significant wetlands, comprise a natural heritage system linked
by watercourses and valleylands that extends throughout the urban and rural
area and into adjacent municipalities.
The
natural heritage system in Ottawa is identified and protected by watershed
and other environmental plans, land-use designations, and policies on how
land is used to ensure that development does not result in negative impacts
on natural features or their functions.
A conceptual map of the system is provided in Annex 14 for information
purposes. This map will be updated as
new information becomes available or through the completion of watershed,
subwatershed and environmental management plans, as well as other
site-specific environmental studies. In this regard, the diversity and connectivity of
natural features and the long-term ecological function and biodiversity of
the City’s natural heritage systems shall be maintained, restored, or where
possible, improved, recognizing linkages between and among natural heritage
features and areas, surface water features and ground water features.”
[Mod 11] d) by deleting policies 1 and 2
and adding new policies as follows: “1. The natural heritage
system in Ottawa comprises the following significant features and the natural
functions they perform: a. Provincially significant
wetlands as identified by the Ministry of Natural Resources b. Significant habitat for
endangered and threatened species, as approved by the Ministry of Natural
Resources; c. Significant woodlands
defined in the rural area as woodlands that combine all three features listed
below in a contiguous, forested area: i. Mature stands of trees 80
years of age or older; and ii. Interior forest habitat
located more than 100 m inside the edge of a forest patch; and iii.
Woodland adjacent to a surface water feature such as a river, stream, drain,
pond or wetland, or any groundwater feature including springs, seepage areas,
or areas of groundwater upwelling; d. Wetlands
found in association with significant woodlands; e.
Significant valleylands defined as valleylands with slopes greater than 15%
and a length of more than 50 m, with water present for some period of the
year, excluding man-made features such as pits and quarries; f. Significant wildlife
habitat found on escarpments with slopes exceeding 75% and heights greater
than 3 m; or within significant woodlands, wetlands, and valleylands; or that
may be identified through subwatershed studies or site investigation; g. Life Science Areas of
Natural and Scientific Interest as identified by the Ministry of Natural
Resources; h. Earth Science Areas of
Natural and Scientific Interest as identified by the Ministry of Natural
Resources designated on Schedule K; i. Urban Natural Features,
consisting of remnant woodlands, wetlands and ravines within the urban area; j. Forest remnants and
natural corridors such as floodplains that create linkages among the
significant features defined above, but that may not meet the criteria for
significance; k. Groundwater features,
defined as water-related features in the earth’s subsurface, including
recharge/discharge areas, water tables, aquifers and unsaturated zones that
can be defined by surface and subsurface hydrogeologic investigations; l. Surface water features,
defined as water-related features on the earth’s surface, including
headwaters, rivers, stream channels, drains, inland lakes, seepage areas,
recharge/discharge areas, springs, and associated riparian lands that can be
defined by their soil moisture, soil type, vegetation or topographic
characteristics, including fish habitat. 2. The natural
heritage system, as defined in policy 1, is protected by: a. Establishing watershed
and subwatershed plans as the basis for land-use planning in Ottawa through
policies in Section 2 of this Plan. These plans may use additional criteria
to define significant features that reflect unique characteristics of the
area or the presence or relative abundance of the feature within the
subwatershed compared with other subwatersheds; b. Protecting the quality
and quantity of groundwater through policies in Section 2; c. Designating most
significant features as Significant Wetlands, Natural Environment Areas, and
Rural Natural Features on schedules within the Plan and setting policies in
Section 3 to ensure they are preserved; d. Ensuring that land is
developed in a manner that is environmentally-sensitive through the
development review process in keeping with policies in Section 4 regarding
such matters as design with nature, erosion protection and protection of
surface water, protection of significant habitat for endangered and
threatened species and requirements for Environmental Impact Statements. 3. Regardless of whether the
features are designated in this Plan, an Environmental Impact Statement is
required for development proposed within or adjacent to features described in
Policy 1 above, with the exception of surface and groundwater features.
Development and site alteration within or adjacent to these features will not
be permitted unless it is demonstrated through an Environmental Impact
Statement that there will be no negative impact on the feature or its
ecological functions. The policies
regarding Environmental Impact Statements and the definition of terms are
contained in Section 4.7.8.” |
Further amend
as follows (recommended additional edits highlighted in green): Section
2.4.2, Natural Features and Functions, is hereby amended as follows: a) by deleting from the first
paragraph of the Preamble the third sentence that begins with the phrase “The
provinces and municipalities have…”; b) by deleting from the
Preamble the second and third paragraphs; c) by inserting after the first
paragraph of the Preamble the following new paragraphs: “The
province and municipalities have examined natural features in the past, on
the basis of their size, species diversity, and other characteristics, to
determine those that are the most significant and warrant protection through
public ownership or through regulations concerning their development. In Ottawa, most of these significant
woodlands and wildlife habitat are designated as Natural Environment Areas
and Rural Natural Features and include wetlands that, while not
provincially-significant, maintain the natural function of the area. These features, in addition to
provincially-significant wetlands, comprise a natural heritage system linked
by watercourses and valleylands that extends throughout the urban and rural
area and into adjacent municipalities.
The
natural heritage system in Ottawa is identified and protected by watershed
and other environmental plans, land-use designations, and policies on how
land is used to ensure that development does not result in negative impacts
on natural features or their functions.
A conceptual map of the system is provided in Annex 14 for information
purposes. This map will be updated as
new information becomes available or through the completion of watershed,
subwatershed and environmental management plans, as well as other
site-specific environmental studies. In this regard, the diversity and connectivity of
natural features and the long-term ecological function and biodiversity of
the City’s natural heritage systems shall be maintained, restored, or where
possible, improved, recognizing linkages between and among natural heritage
features and areas, surface water features and ground water features.”
[Mod 11] d) by deleting policies 1 and 2
and adding new policies as follows: “1. The natural heritage
system in Ottawa comprises the following significant features and the natural
functions they perform: a. Provincially significant
wetlands as identified by the Ministry of Natural Resources b. Significant habitat for
endangered and threatened species, as approved by the Ministry of Natural
Resources; c. Significant woodlands
defined in the rural area as woodlands that combine all three features listed
below in a contiguous, forested area: i. Mature stands of trees 80
years of age or older; and ii.
Interior forest habitat located more than 100 m inside the edge of a forest
patch; and iii.
Woodland adjacent to a surface water feature such as a river, stream, drain,
pond or wetland, or any groundwater feature including springs, seepage areas,
or areas of groundwater upwelling; d. Wetlands found in
association with significant woodlands; e. Significant valleylands
defined as valleylands with slopes greater than 15% and a length of more than
50 m, with water present for some period of the year, excluding man-made
features such as pits and quarries; f. Significant wildlife
habitat found on escarpments with slopes exceeding 75% and heights greater
than 3 m; or within significant woodlands, wetlands, and valleylands; or that
may be identified through subwatershed studies or site investigation; g. Life Science Areas of
Natural and Scientific Interest as identified by the Ministry of Natural
Resources; h. Earth Science Areas of
Natural and Scientific Interest as identified by the Ministry of Natural
Resources designated on Schedule K; i. Urban Natural Features,
consisting of remnant woodlands, wetlands and ravines within the urban area; j. Forest remnants and
natural corridors such as floodplains that create linkages k. Groundwater features,
defined as water-related features in the earth’s subsurface, including
recharge/discharge areas, water tables, aquifers and unsaturated zones that
can be defined by surface and subsurface hydrogeologic investigations; l. Surface water features,
defined as water-related features on the earth’s surface, including
headwaters, rivers, stream channels, drains, inland lakes, seepage areas,
recharge/discharge areas, springs, and associated riparian lands that can be
defined by their soil moisture, soil type, vegetation or topographic
characteristics, including fish habitat. 2. The natural
heritage system, as defined in policy 1, is protected by: a. Establishing watershed
and subwatershed plans as the basis for land-use planning in Ottawa through
policies in Section 2 of this Plan. b. Protecting the quality
and quantity of groundwater through policies in Section 2; c. Designating most
significant features as Significant Wetlands, Natural Environment Areas, and
Rural Natural Features on schedules within the Plan and setting policies in
Section 3 to ensure they are preserved; d. Ensuring that land is
developed in a manner that is environmentally-sensitive through the
development review process in keeping with policies in Section 4 regarding
such matters as design with nature, erosion protection and protection of
surface water, protection of significant habitat for endangered and
threatened species and requirements for Environmental Impact Statements. 3. Regardless of whether the
features are designated in this Plan, an Environmental Impact Statement is
required for development proposed within or adjacent to features described in
Policy 1 above, with the exception of surface and groundwater features.
Development and site alteration within or adjacent to these features will not
be permitted unless it is demonstrated through an Environmental Impact
Statement that there will be no negative impact on the feature or its
ecological functions. The policies
regarding Environmental Impact Statements and the definition of terms are
contained in Section 4.7.8.” |
15 |
2.4.3,
Watershed and Subwatershed Plans |
Section
2.4.3, Watershed and Subwatershed Plans, is hereby amended as follows: a) by adding to the first
paragraph of the Preamble the following immediately following the phrase
“…the long-term health of the watershed”: “The
relationship between Watershed plans and land use plans is demonstrated in
Figure 2.6.” b) by deleting the first four
bullets from the second paragraph of the Preamble and replacing with the
following three bullets: ·
“Document the existing condition of the natural environment heritage
system within the watershed; ·
Identify the significant ·
Assess the potential impacts of existing and future land-use
activities, including cumulative impacts, and recommend measures to avoid or
mitigate these;” c) by deleting from policy 3.a
the phrase “ecological features and resources” and replacing it as follows: “the
natural heritage system”; d) by adding to the end of
policy 3.a immediately following the phrase “including headwater areas” a new
phrase as follows: “and
other surface water and groundwater features”; e) by deleting from the second
sentence of policy 7.c the word “should” where it immediately follows the phrase
“A subwatershed
plan” and replacing it as follows: [Mod 13] “shall”; f)
by deleting from the fourth sentence of policy 7.c the phrase “natural
areas” where it immediately follows the phrase “will identify the” and
replacing it as follows: “natural
heritage system areas”; g) by adding to the end of the
fourth sentence of policy 7.c immediately following the phrase “to secure
these areas” a new phrase as follows” “and
to ensure development has no negative impact on the system.”; h) by adding to the sixth sentence
of policy 7.c immediately following the phrase “Where the requirement for the
subwatershed plan is waived,” a new phrase as follows: “the
natural heritage system will be identified in keeping with the policies of
this Plan along with measures to ensure development has no negative impact on
the system.” ; i)
by capitalizing the word “natural” at the beginning of the phrase
“natural areas that are worthy of protection…” so as to create a seventh
sentence in policy 7.c as follows: “Natural
areas that are worthy of protection will be identified and mechanisms to
secure these lands will be established.”; j)
by deleting policy 8.a and replacing it as follows: “a.
The natural features and their functions that comprise the natural heritage k) by adding to policy 8.b
immediately following the phrase “Subwatershed objectives” a new phrase as
follows: “in
such areas as forest cover which reflect the unique qualities of the area”; l)
by adding to policy 8.b immediately following the phrase “protection
of headwater areas,” a new phrase as follows: “surface
water and groundwater features,”; m) by deleting from policy 11.a
the phrase “creek corridor widths” and replacing it as follows: “setbacks
from surface water features”; n) by deleting from policy 11.b
the phrase “,such as creeks,”; |
Further amend
as follows (recommended additional edits highlighted in green): Section
2.4.3, Watershed and Subwatershed Plans, is hereby amended as follows: a) by adding to the first paragraph
of the Preamble the following immediately following the phrase “…the
long-term health of the watershed”: “The
relationship between Watershed plans and land use plans is demonstrated in
Figure 2.6.” b) by deleting the first four
bullets from the second paragraph of the Preamble and replacing with the
following three bullets: · “Document the existing
condition of the natural environment heritage system within the watershed; · Identify the significant · Assess the potential impacts
of existing and future land-use activities, including cumulative impacts, and
recommend measures to avoid or mitigate these;” c) by deleting from policy 3.a
the phrase “ecological features and resources” and replacing it as follows: “the
natural heritage system”; d) by adding to the end of
policy 3.a immediately following the phrase “including headwater areas” a new
phrase as follows: “and
other surface water and groundwater features”; e) by deleting from the second
sentence of policy 7.c the word “should” where it immediately follows the
phrase “A
subwatershed plan” and replacing it as follows: [Mod 13] “shall”; f)
by deleting from the fourth sentence of policy 7.c the phrase “natural
areas” where it immediately follows the phrase “will identify the” and
replacing it as follows: “natural
heritage system areas”; g) by adding to the end of the
fourth sentence of policy 7.c immediately following the phrase “to secure
these areas” a new phrase as follows” “and
to ensure development has no negative impact on the system.”; h) by adding to the sixth
sentence of policy 7.c immediately following the phrase “Where the
requirement for the subwatershed plan is waived,” a new phrase as follows: “the
natural heritage system will be identified in keeping with the policies of
this Plan along with measures to ensure development has no negative impact on
the system.” ; i)
by capitalizing the word “natural” at the beginning of the phrase
“natural areas that are worthy of protection…” so as to create a seventh
sentence in policy 7.c as follows: “Natural
areas that are worthy of protection will be identified and mechanisms to
secure these lands will be established.”; j)
by deleting policy 8.a and replacing it as follows: “a.
The natural features and their functions that comprise the natural heritage
k) by adding to policy 8.b
immediately following the phrase “protection of headwater areas,” a new
phrase as follows: “surface
water and groundwater features,”; l)
by deleting from policy 11.a the phrase “creek corridor widths” and
replacing it as follows: “setbacks
from surface water features”; m) by deleting from policy 11.b
the phrase “,such as creeks,”; |
33 |
3.2
Natural Environment |
Amend the preamble
to Section 3.2 by: 1.
in the first sentence deleting the words ‘South and East of the
Canadian Shield’; 2.
in the second sentence deleting the words ‘a significant part’ and
replacing them with the word ‘most’ and inserting the word ‘heritage’ between
the words ‘natural’ and ‘system’. 3.
after the first paragraph insert the following: “The designation of Significant Wetland identifies
wetlands that have been evaluated against provincial criteria by the Ministry
of Natural Resources and that have been assessed as having provincial
significance. The other environmental
designations include other wetlands, plus significant woodlands and wildlife
habitat that contribute to the City’s natural heritage system and protect
biodiversity. Not all significant features are designated in the Plan. These
features are protected by other policies within the Plan, including
requirements for an environmental impact statement for development proposed within
or adjacent to the natural heritage system defined in section 2.4.2. The natural heritage system is also
protected by policies in Section 4 regarding erosion prevention, protection
of surface water and groundwater resources, and protection of the habitat of
endangered and threatened species.” 4.
amend the fifth bullet in the former second paragraph by adding the
word ‘and’ before and the words ‘threatened species’, replacing the
word ‘vulnerable’ with the words ‘and species of concern’ and deleting the word
‘other’. |
Further amend
as follows: Amend the preamble
to Section 3.2 by: 1.
in the first sentence deleting the words ‘South and East of the
Canadian Shield’; 2.
in the second sentence deleting the words ‘a significant part’ and
replacing them with the word ‘most’ and inserting the word ‘heritage’ between
the words ‘natural’ and ‘system’. 3.
after the first paragraph insert the following: “The designation of Significant Wetland identifies
wetlands that have been evaluated against provincial criteria by the Ministry
of Natural Resources and that have been assessed as having provincial
significance. The other environmental
designations may
include other wetlands, plus significant woodlands and significant wildlife
habitat that contribute to the City’s natural heritage system and protect
biodiversity. Not all significant features are designated in the Plan. These
features are protected by other policies within the Plan, including
requirements for an environmental impact statement for development proposed
within or adjacent to the natural heritage system defined in Section 2.4.2. The natural heritage system is also
protected by policies in Section 4 regarding erosion prevention, protection
of surface water and groundwater resources, and protection of the significant habitat of
endangered and threatened species.” 4.
amend the fifth bullet in the former second paragraph by adding the
word ‘and’ before and the words ‘threatened species’, replacing the
word ‘vulnerable’ with the words ‘and species of special concern’ and deleting the word
‘other’. |
35 |
|
Amend Section 3.2.1 Policy 1 by adding the following
text at the end: “The policies
of this section will be applied to lands where the Ministry of Natural
Resources has identified new wetlands or has revised wetland boundaries,
regardless of whether the new wetlands or new boundaries are designated in
this Plan. Council may consider exceptions where the
land has the current required approvals under the Planning Act.” [Mod 27] |
Further amend
as follows (recommended additional edits highlighted in green): Amend Section 3.2.1 Policy 1 by adding the following
text at the end: “The policies
of this section will also
be applied to lands where the Ministry of Natural Resources has identified
new significant
wetlands or has revised significant
wetland boundaries, regardless of whether the new significant wetlands or |
40 |
|
Amend Section
3.2.1 Policy 9 by: 1.
deleting the words “adjustment to the definition of features and
functions and”
and the words “interpretation of “ in the second sentence; and [Mod 30] 2.
deleting the words “an amendment
to” and replacing the word
“required” with the word “amended” in the fifth sentence: and 3.
inserting before the last sentence of the policy the following new
sentence: “In the period between
identification of changes to wetland boundaries by the Ministry of Natural
Resources and amendment to this Plan, the policies of this section will apply
to the Significant Wetlands as identified by the Ministry of Natural
Resources.” |
Further amend
as follows (recommended additional edits highlighted in green): Amend Section
3.2.1 Policy 9 by: 1.
deleting the words “adjustment to the definition of features and
functions and”
and the words “interpretation of “ in the second sentence; and [Mod 30] 2.
deleting the words “an amendment
to” and replacing the word
“required” with the word “amended” in the fifth sentence: and 3.
inserting before the last sentence of the policy the following new
sentence: “In the period between
identification of changes to significant
wetland boundaries by the Ministry of Natural Resources and amendment to this
Plan, the policies of this section will apply to the Significant Wetlands as
identified by the Ministry of Natural Resources.” |
49 |
|
Amend Section
3.2.3 by deleting Policy 5 in its entirety and adding a new policy as
follows: “5. Development
and site alteration will not be permitted for any development within 30
metres of the boundary of a designated Urban Natural Feature unless an
Environmental Impact Statement demonstrates that there will be no negative
impacts on the natural features within the area or their ecological
functions. Definitions of these terms are provided in Section 4.7.8.” |
Further amend
as follows: Amend Section
3.2.3 by deleting Policy 5 in its entirety and adding a new policy as
follows: 5. Development and site alteration will
not be permitted |
56 |
New
Section |
Amend Section 3.2 by adding the following new
section after Section 3.2.4 as follows: “
3.2.5 -
Flewellyn Special Study Area Land in the vicinity of Flewellyn Road and Conley
Road have been identified and designated on Schedule A as the ‘Flewellyn
Special Study Area”. The purpose of this overlay designation is to restrict
development until such time as the appropriate local studies are completed.
Once the studies have been completed, the City will amend this Plan to remove
the Flewellyn Special Study Area overlay designation and confirm the
appropriate land use designations and policies for the area. Policies 1. Notwithstanding the underlying
designations on Schedule A of this Plan, no new development, as defined in
Section 4.7.8, will be permitted until the Flewellyn Special Study Area
overlay is removed. 2. Uses that lawfully exist on the date that
this provision comes into force are
recognized and may continue. [Mod 33.] |
Further amend as follows: Amend Section 3.2 by adding the following new
section after Section 3.2.4 as follows: “
3.2.5 -
Flewellyn Special Study Area Land in the vicinity of Flewellyn Road and Conley
Road have been identified and designated on Schedule A as the ‘Flewellyn
Special Study Area”. The purpose of this overlay designation is to restrict
development until such time as the In addition to
the Flewellyn Special Study Area policies, the Study Area remains subject to
the Drainage By-law No. 2007 – 398 and former Township of Goulbourn Removal
of Topsoil By-law No. 45 - 86. Policies 1. Notwithstanding the underlying
designations on Schedule A of this Plan, no new development, as defined in
Section 4.7.8, will be permitted until the Flewellyn Special Study Area
overlay is removed. 2. Uses that lawfully exist on the date that
this provision comes into force are
recognized and may continue. [Mod 33.] |
195 |
4.7.1
Integrated Environmental Review to Assess
Development Applications |
Section
4.7.1, Policy 1, sentence one is amended by: 2. deleting the
phrase ‘and major site plans and major’ and replacing it with the phrase
‘site plan and’; and” [ Mod 48] 3. inserting the words
‘requiring an EIS, or tree retention and protection plan or landscape feature
assessment,’ after the words ‘rezoning applications’. |
Further amend
as follows (recommended additional edits highlighted in green): Section
4.7.1, Policy 1, sentence one is amended by: 4. deleting the
phrase ‘and major site plans and major’ and replacing it with the phrase
‘site plan and’; and” [ Mod 48] 5. inserting the words
‘requiring an Environmental
Impact Statement, |
197 |
4.7.2
Protection of
Vegetation Cover |
Section 4.7.2,
Policy 1 is amended by: 1. inserting the words ‘condominium affecting
vegetation cover on site,’ after the words ‘applications for subdivision,’;
and 2. deleting the words ‘tree preservation and
protection plan an a landscape planting plan. The plans will:’ at the end
of the policy and replacing them with the words ‘Tree Conservation Report and
a Landscape Plan.’ and 3. deleting the word ‘watercourses’ in policy 1a and
replacing it with the words ‘surface water features’. 4. inserting after Policy 1a the following new
policies: b)
Identify the
presence of endangered or threatened
species or their habitat as identified in Ontario Regulation 230/08 of
the Endangered Species Act, 2007 and provide recommendations for protection
measures to be used; c)
Demonstrate
how components of the proposed development, such as grading plans and the
location of buildings, roads, and infrastructure, support tree conservation
and design with nature;” and d)
deleting
Polices 1e, 1f and 1g. |
Further amend as follows: Section 4.7.2, Policy 1 is amended by: 1. inserting the words ‘condominium affecting
vegetation cover on site,’ after the words ‘applications for subdivision,’;
and 2. deleting the words ‘tree preservation and
protection plan an a landscape planting plan. The plans will:’ at the end
of the policy and replacing them with the words ‘Tree Conservation Report and
a Landscape Plan.’ and 3. deleting the word ‘watercourses’ in policy 1a and
replacing it with the words ‘surface water features’. 4. inserting after Policy 1a the following new
policies: b)
Identify the
presence of endangered or threatened
species or their habitat as identified in c)
Demonstrate
how components of the proposed development, such as grading plans and the
location of buildings, roads, and infrastructure, support tree conservation d)
deleting
Polices 1e, 1f and 1g. |
221 |
|
Amend
Section 4.7.8 by inserting before Policy 1 the following policies: “1. An Environmental Impact Statement is
required for development and site alteration proposed within and adjacent to
natural heritage features designated as Rural Natural Features and adjacent
to land designated as Urban Natural Feature, Significant Wetland, and Natural
Environment Area. It is also required
for development and site alteration within or adjacent to other elements of
the natural heritage system, as required in Section 2, that are not
designated on Schedule A or B. 2. No development or site alteration will
be permitted within the natural features described in policy 1 above, where
permitted by the policies of this Plan, or on adjacent lands unless an
Environmental Impact Statement indicates it will have no negative impact,
defined as degradation that threatens the health and integrity of the natural
features or ecological functions for which an area is identified due to
single, multiple or successive development or site alteration activities. 3. Development is defined as creation of a
new lot, a change in land use, or the construction of buildings and
structures, requiring approval under the Planning Act, but does not include
activities that create or maintain infrastructure authorized under an
environmental assessment process; or works subject to the Drainage Act. 4. Site alteration is defined as
activities, such as grading, excavation and the placement of fill that would
change the landform and natural vegetative characteristics of a site. 5. Ecological functions are defined as:
the natural processes, products or services that living and non-living
environments provide or perform within or between species, ecosystems and
landscapes, including biological physical and socio-economic interactions. 6. The requirements for an EIS adjacent to
natural heritage features designated on Schedule A and B in this Plan are
described in Section 3. The
requirements for an EIS adjacent to the significant habitat of endangered and
threatened species and Earth Science Areas of Natural and Scientific Interest
are described in Section 4. 7.
Where significant woodlands, significant wildlife habitat, significant
valleylands or other natural heritage features are not designated,
development and site alterations will not be permitted for: a) any development permitted under the
policies of this Plan within the feature; b) any development permitted under the policies
of this Plan within 120 metres of the feature in the rural area;” c) any development permitted under the
policies of this Plan within 30 metres of the feature in the urban area;” unless an Environmental Impact Statement demonstrates that there will
be no negative impacts, as defined in section 4.7.8, on the natural heritage
features or their ecological functions.[Mod 53] 8. The need for an Environmental Impact Statement and its
scope will be confirmed through pre-consultation with the City early in the
development review process, based on a preliminary screening for natural
environment features within and adjacent to the study area. Aerial photographs, Annex 14 – Natural Heritage System, watershed and
subwatershed studies, field investigations and other information sources such
as the Natural Heritage Information Centre may be consulted. The screening should consider the potential
for endangered or threatened species habitat, significant woodlands,
valleylands, wetlands, and wildlife habitat that are not designated in the
plan, in accordance with the Provincial Policy Statement definition of
significant and the relevant identification and evaluation factors specified
in the Natural Heritage Reference Manual for the Provincial Policy
Statement.”[Mod 53] |
Further amend
as follows (recommended additional edits highlighted in green): Amend
Section 4.7.8 by inserting before Policy 1 the following policies: “1. An Environmental Impact Statement is
required for development and site alteration proposed within and adjacent to
natural heritage features designated as Rural Natural Features and adjacent
to land designated as Urban Natural Feature, Significant Wetland, and Natural
Environment Area. It is also required
for development and site alteration within or adjacent to other elements of
the natural heritage system, as required in Section 2, that are not
designated on Schedule A or B. 2. No development or site alteration will
be permitted within the natural features described in policy 1 above, where
permitted by the policies of this Plan, or on adjacent lands unless an
Environmental Impact Statement indicates it will have no negative impact,
defined as degradation that threatens the health and integrity of the natural
features or ecological functions for which an area is identified due to
single, multiple or successive development or site alteration activities. 3. Development is defined as creation of a
new lot, a change in land use, or the construction of buildings and
structures, requiring approval under the Planning Act, but does not include
activities that create or maintain infrastructure authorized under an
environmental assessment process; or works subject to the Drainage Act. 4. Site alteration is defined as
activities, such as grading, excavation and the placement of fill that would
change the landform and natural vegetative characteristics of a site. 5. Ecological functions are defined as:
the natural processes, products or services that living and non-living
environments provide or perform within or between species, ecosystems and
landscapes, including biological physical and socio-economic interactions. 6. The requirements for an EIS adjacent to
natural heritage features designated on Schedule A and B in this Plan are
described in Section 3. The
requirements for an EIS adjacent to the significant habitat of endangered and
threatened species and Earth Science Areas of Natural and Scientific Interest
are described in Section 4. 7.
Where significant woodlands, significant wildlife habitat, significant
valleylands or other natural heritage features are not designated,
development and site alterations will not be permitted for: a) any development permitted under the
policies of this Plan within the feature; b) any development permitted under the policies
of this Plan within 120 metres of the feature in the rural area;” c) any development permitted under the policies
of this Plan within 30 metres of the feature in the urban area;” unless an Environmental Impact Statement demonstrates that there will
be no negative impacts, as defined in section 4.7.8, on the natural heritage
features or their ecological functions.[Mod 53] 8. The need for an Environmental Impact Statement and its
scope will be confirmed through pre-consultation with the City early in the
development review process, based on a preliminary screening for natural
environment features within and adjacent to the study area. Aerial photographs, Annex 14 – Natural Heritage System, watershed and
subwatershed studies, field investigations and other information sources such
as the Natural Heritage Information Centre may be consulted. The screening should consider the potential
for significant habitat of endangered and threatened species |
224 |
|
Section
4.7.8, Policy 2f is amended by: 1. deleting the word ‘that’ and
replacing it with the word ‘of’ after the words ‘cumulative effects’
in the first sentence; and 2. deleting the words ‘(in
light of other known projects or activities in the area) may have’ and
replacing them with the words ‘and other known projects or activities within
or adjacent to the study area. The evaluation will access residual effects,’
and 3. deleting the word ‘measures’
after the words ‘following mitigation,’ in the second sentence. |
Further amend as follows: Section
4.7.8, Policy 2f is amended by: 4. deleting the word ‘that’ and
replacing it with the word ‘of’ after the words ‘cumulative effects’
in the first sentence; and 5. deleting the words ‘(in
light of other known projects or activities in the area) may have’ and
replacing them with the words ‘and other 6. deleting the word ‘measures’
after the words ‘following mitigation,’ in the second sentence. 7. |
269 |
Schedule
A, Rural Policy Plan |
Schedule
A, Rural Policy Plan, is hereby amended as follows: 1) by adding the lands shown on
Schedule R1 to this amendment and designating them as ‘Rural Natural Features
Area’, 2) by changing the designation for the lands shown on
Schedule R4 to this amendment from ‘General Rural Area’ to ‘Urban Area’, 3) by changing the designation
for the lands shown on Schedule R5 to this amendment from ‘Agricultural
Resource Area’ to ‘General Rural Area’, 4) by changing the designation
for the lands shown on Schedule R6 to this amendment: i)
from ‘General Rural Area’ and ‘Rural Natural Features Area’ to
‘Village’ where indicated on Schedule R6, and; ii) from ‘General Rural Area’ to
‘Village’ where indicated on Schedule R6, 5) by changing the designation
for the lands shown on Schedule R7 to this amendment from ‘Sand and Gravel
Resource Area’ to ‘General Rural Area’,
6) by changing the designation
for the lands shown on Schedule R9 to this amendment from ‘Natural
Environment Area’ to ‘General Rural Area’, 7) by changing the designation
for the lands shown on Schedule R10 to this amendment from ‘Rural Natural
Features Area’ to ‘Natural Environment Area’, 8) by changing the designation
for the lands shown on Schedule R11 to this amendment from ‘Rural Natural
Features Area’ to ‘Natural Environment Area’, 9) by designating the lands
shown on Schedule R15 to this amendment as ‘Flewellyn Special Policy Area’, 10) by changing the designation
for the lands shown on Schedule R17 to this amendment from ‘Agricultural
Resource Area’ to ‘Urban Area’, 11) by designating the lands
shown on Schedule R17 to this amendment: i)
as ‘Agricultural Resource Area’ where indicated on Schedule R17; ii) as ‘General Rural Area’
where indicated on Schedule R17; and, iii) as ‘Major Open Space’ where
indicated on Schedule R17, 12) by changing the designation
for the lands shown on Schedule R23 to this amendment: i)
from ‘General Rural Area’ to Significant Wetlands’ where indicated on
Schedule R23; and, ii) from ‘Significant Wetlands’
to ‘General Rural Area’ where indicated on Schedule R23, 13) by changing the designation
for the lands shown on Schedule R25 to this amendment: i)
from ‘Natural Environment Area’ to ‘Significant Wetlands’ where
indicated on Schedule R25; ii) from ‘General Rural Area’ to
‘Significant Wetlands’ where indicated on Schedule R25; and, iii) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R25, 14) by changing the designation
for the lands shown on Schedule R26 to this amendment: i)
from ‘Natural Environment Area’ to ‘Significant Wetlands’ where
indicated on Schedule R26; ii) from ‘General Rural Area’ to
‘Significant Wetlands’ where indicated on Schedule R26; and, iii) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R26 15) by changing the designation
for the lands shown on Schedule R27 to this amendment: i)
from ‘General Rural Area’ to ‘Significant Wetlands’ where indicated on
Schedule R27; ii) from ‘Significant Wetlands’
to ‘General Rural Area’ where indicated on Schedule R27; iii) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R27; iv) from ‘Significant Wetlands’
to ‘Rural Natural Features Area’ where indicated on Schedule R27; and, v) from ‘Natural Environment
Area’ to ‘Significant Wetlands’ where indicated on Schedule R27, 16) by changing the designation
for the lands shown on Schedule R28 to this amendment: i)
from ‘Significant Wetlands’ to ‘Agricultural Resource Area’ where
indicated on Schedule R28; ii) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R28; and, iii) from ‘Significant Wetlands’
to ‘Sand and Gravel Resource Area’ where indicated on Schedule R28, 17) by changing the designation
for the lands shown on Schedule R29 to this amendment: i)
from ‘Agricultural Resource Area’ to ‘Significant Wetlands’ where
indicated on Schedule R29; ii) from ‘Significant Wetlands’ to ‘Agricultural
Resource Area’ where indicated on Schedule R29; iii) from ‘Rural Natural Features Area’ to
‘Significant Wetlands’ where indicated on Schedule R29; iv) from ‘Significant Wetlands’
to ‘General Rural Area’ where indicated on Schedule R29; v) from ‘General Rural Area’ to
‘Significant Wetlands’ where indicated on Schedule R29; and, vi) from ‘Major Open Space’ to
‘Significant Wetlands’ where indicated on Schedule R29, 18) by changing the designation
for the lands shown on Schedule R30 to this amendment: i)
from ‘Significant Wetlands’ to ‘General Rural Area’ where indicated on
Schedule R30; ii) from ‘General Rural Area’ to
‘Significant Wetlands’ where indicated on Schedule R30; iii) from ‘Natural Environment
Area’ to ‘Significant Wetlands’ where indicated on Schedule R30; and, iv) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R30, 19) by changing the designation
for the lands shown on Schedule R31 to this amendment: i)
from ‘Significant Wetlands’ to ‘General Rural Area’ where indicated on
Schedule R31; ii) from ‘General Rural Area’ to
‘Significant Wetlands’ where indicated on Schedule R31; iii) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R31; and, iv) from ‘Significant Wetlands’
to ‘Rural Natural Features Area’ where indicated on Schedule R31, 20) by changing the designation
for the lands shown on Schedule R32 to this amendment: i)
from ‘Significant Wetlands’ to ‘General Rural Area’ where indicated on
Schedule R32; ii) from ‘General Rural Area’ to
‘Significant Wetlands’ where indicated on Schedule R32; iii) from ‘Rural Natural Features
Area’ to ‘Significant Wetlands’ where indicated on Schedule R32; and, iv) from ‘Significant Wetlands’
to ‘Rural Natural Features Area’ where indicated on Schedule R32, 21) by changing the designation
for the lands shown on Schedule R35 to this amendment: i)
from ‘Agricultural Resource Area’ to ‘Future Urban Area’ where shown
on Schedule R35; ii) from ‘General Rural Area’ to
‘Future Urban Area’ where shown on
Schedule R35; and, iii) from ‘Natural Environment
Area’ to ‘Urban Area’ where shown on
Schedule R35, 22) by changing the designation
for the lands shown on Schedule R39 to this amendment: i)
from ‘Rural Natural Features Area’ to ‘Natural Environment Area’ where
indicated on Schedule R39, ii) from ‘General Rural Area’ to
‘Natural Environment Area’ where indicated on Schedule R39, 23) by changing the designation
for the lands shown on Schedule R44 to this amendment from ‘General Rural
Area’ to ‘Future Urban Area’, |
Approve amendments to
Schedule A as shown on schedules R7, R9, R10, R11, R23, R24,
R25, R26, R27, R28, R29, R30, R31, R32, R39 and R41 Amend Schedule R15 to reduce the area of land designated “Flewellyn
Special Study Area”on lands owned by Taggart
and identified by Muncaster Environmental. |
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