5. Flewellyn special study area - environmental

policies - Proposed modifications to OPA 76

AIRE D’ÉTUDE SPÉCIALE DE FLEWELLYN - POLITIQUES

ENVIRONNEMENTALES - CHANGEMENTS PROPOSÉS À LA MPO 76

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council endorse the modifications to Official Plan Amendment No. 76 set forth in Documents 1 and 2 to this report, as amended by the following:

1. That the row corresponding to Item 269 in Document 1 be replaced with Item 269 in Document 3;

2. That the City Clerk and Solicitor be directed to seek a modification to Section 4.7.3, Policy 3 such that it will read as follows:

“3. The setback provided for in policies 1 and 2 will be implemented through the zoning by-law and any change in the setback will require a zoning by-law amendment or variance that is consistent with the policies in this section of the Plan.”;

3. That the City Clerk and Solicitor be directed to seek a modification to Section 3.2.5 such that it will read 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 City has completed a cumulative effects study. The study will identify the changes to the drainage in the area resulting from, but not limited to, the effects of road construction, private drain works, municipal drain maintenance and discharge of water from quarries. The City will follow the cumulative effects study with a re-evaluation of the area in 2016 using the Ontario Wetland Evaluation System. Once the study and re-evaluation 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.

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.]”

RECOMMANDATIONS MODIFIÉES DU COMITÉ

Que le Conseil appuie les modifications à la modification 76 du Plan officiel, comme il est établi dans les Documents 1 et 2 du présent rapport, sous réserve des modifications suivantes :

1. Que la rangée correspondant au point 269 dans le Document 1 soit remplacée par le point 269 dans le Document 3;

2. Que le greffier et chef du contentieux soit chargé d’obtenir une modification à la section 4.7.3, Politique 3, pour qu’elle se présente comme suit :

« 3. La marge de reculement prévue dans les politiques 1 et 2 sera appliquée par l’intermédiaire du règlement de zonage et tout changement à cette marge de reculement nécessitera une modification du règlement de zonage ou une dérogation qui soit conforme aux politiques de cette section du plan »;

3. Que le greffier et chef du contentieux soit chargé d’obtenir une modification à la section 3.2.5 , pour qu’elle se présente comme suit :

« 3.2.5 – Aire d’étude spéciale de Flewellyn

Les terrains dans les environs du chemin Flewellyn et du chemin Conley ont été indiqués et désignés dans l’annexe A sous « aire d’étude spéciale de Flewellyn ». L’objet de cette désignation générale est de limiter l’aménagement jusqu’à ce que la Ville ait terminé une étude sur les effets cumulatifs. Cette étude indiquera les changements survenus au drainage de la région en raison, notamment, des effets de la construction routière, des travaux relatifs aux drains privés, de l’entretien des drains municipaux et des fuites d’eau provenant des carrières. La Ville fera suivre l’étude sur les effets cumulatifs par une réévaluation de l’aire en 2016 en ayant recours au Système d’évaluation des terres humides de l’Ontario. Une fois l’étude et la réévaluation terminées, la Ville modifiera du Plan dans le but d’enlever la désignation générale d’aire d’étude spéciale de Flewellyn et confirmera les désignations et les politiques appropriées en ce qui concerne l’utilisation des terrains de cette aire.

En plus des politiques qui régissent l’aire d’étude spéciale de Flewellyn, l’aire d’étude demeure assujettie au Règlement sur le drainage 2007 – 398 et au Règlement 45 - 86 sur l’enlèvement de la terre végétale de l’ancien Canton de Goulbourn.

Politiques

1. Nonobstant les désignations sous-jacentes à l’annexe A du Plan, aucun nouvel aménagement, comme il est défini dans la section 4.7.8, ne sera autorisé jusqu’à que la désignation générale d’aire d’étude spéciale de Flewellyn soit enlevée.

2. Les utilisations qui existent juridiquement à la date d’entrée en vigueur de cette disposition sont reconnues et peuvent continuer. [Mod. 33.] »

Documentation

1. City Clerk and Solicitor’s Report, dated 12 May 2011 (ACS2011-CMR-LEG-0013).

2. Extract of Draft Minutes, 12 May 2011.

Report to/Rapport au :

Agriculture and Rural Affairs

Comité de l'agriculture et des affaires rurales

and Council / et au Conseil

12 May 2011 / le 12 mai 2011

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

City-wide / À l'échelle de la Ville

Ref N°: ACS2011-CMR-LEG-0013

SUBJECT:

FLEWELLYN SPECIAL STUDY AREA ENIRONMENTAL POLICIES

PROPOSED MODIFICATIONS TO OPA 76

OBJET :

AIRE D’ÉTUDE SPÉCIALE DE FLEWELLYN POLITIQUES

ENVIRONNEMENTALES - CHANGEMENTS PROPOSÉS À LA MPO 76

REPORT RECOMMENDATION

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.

Recommandation du rapport

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’appuyer les changements à la Modification du Plan officiel n^o 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 27^th, 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 6^th, 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 ~~among~~ between the significant features defined above, but ~~that~~ may not meet the criteria for significance, and are identified through planning or environmental studies such as watershed or subwatershed plans, environmental management plans, community design plans, environmental impact statements or tree conservation reports; 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.”
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 ~~natural features~~ [Mod 12] woodlands, wetlands, wildlife habitat and other significant features and linkages within the watershed that need to be protected, along with surface water and groundwater features; · 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 ~~systems~~ system as described in Section 2.4.2;[Mod 14]”; 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 ~~natural features~~ [Mod 12] woodlands, wetlands, wildlife habitat and other significant features and linkages within the watershed that need to be protected, along with surface water and groundwater features; · 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 ~~systems~~ system as described in Section 2.4.2;[Mod 14]”; 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”;~~ 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 ~~new~~ significant wetland boundaries are designated in this Plan. Council may consider exceptions where the land has the current required approvals under the Planning Act or the Aggregate Resources Act” [Mod 27]
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 ~~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.]
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 Policy Area~~ Land in the vicinity of Flewellyn Road and Conley Road has experienced drainage problems unique to the area in the past. Council has resolved to address these problems through municipal drain maintenance and drainage improvements, including the potential for works under the Drainage Act in 2009. The Ministry of Natural Resources has also identified provincially-significant wetlands within the Goulbourn Wetland complex in this area. These wetlands are not designated in this Plan. Their wetland status will be re-evaluated approximately five years after the completion of the drainage improvements, so as to capture the effects of the drainage improvements on the wetland features and functions. ~~Policies~~ 1. The Flewellyn Special Policy Area is designated on Schedule A to allow for correction of drainage problems and protection of provincially-significant wetlands in the area. The following policies will apply: a. The City in consultation with the Ministry of Natural Resources will evaluate the wetland status of lands within the Flewellyn Special Policy Area through a new study following the Ministry of Natural Resources’ wetland evaluation process in effect at the time of re-evaluation. The evaluation will be initiated not less than five years following completion of drainage works targeted for 2009. The Plan will be amended within a year of completion of the evaluation to designate any provincially significant wetlands identified by the Ministry of Natural Resources. The Plan will also be amended to remove the Special Policy Area designation. b. The provisions of the underlying designations on Schedule A will apply to lands within the Special Policy Area until or unless a development application is filed under the Planning Act, for example to change the zoning of a property or to create new lots through subdivision or severance. c. ~~Where a development application under the Planning Act is filed, the following policies will apply:~~ d. Land within significant wetlands identified on maps maintained by the Ministry of Natural Resources and land within 120 m of these wetlands will be subject to the policies of Section 3.2.1 on Significant Wetlands and all applicable policies elsewhere in this Plan; e. ~~All other land will be subject to the policies associated with the underlying designations and all applicable policies elsewhere in this Plan;~~ The boundary of significant wetlands identified on maps maintained by the Ministry of Natural Resources may be amended based on more detailed site investigations, with the approval of the Ministry of Natural Resources.” 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 Policy Area~~ Land in the vicinity of Flewellyn Road and Conley Road has experienced drainage problems unique to the area in the past. Council has resolved to address these problems through municipal drain maintenance and drainage improvements, including the potential for works under the Drainage Act in 2009. The Ministry of Natural Resources has also identified provincially-significant wetlands within the Goulbourn Wetland complex in this area. These wetlands are not designated in this Plan. Their wetland status will be re-evaluated approximately five years after the completion of the drainage improvements, so as to capture the effects of the drainage improvements on the wetland features and functions. ~~Policies~~ 1. The Flewellyn Special Policy Area is designated on Schedule A to allow for correction of drainage problems and protection of provincially-significant wetlands in the area. The following policies will apply: a. The City in consultation with the Ministry of Natural Resources will evaluate the wetland status of lands within the Flewellyn Special Policy Area through a new study following the Ministry of Natural Resources’ wetland evaluation process in effect at the time of re-evaluation. The evaluation will be initiated not less than five years following completion of drainage works targeted for 2009. The Plan will be amended within a year of completion of the evaluation to designate any provincially significant wetlands identified by the Ministry of Natural Resources. The Plan will also be amended to remove the Special Policy Area designation. b. The provisions of the underlying designations on Schedule A will apply to lands within the Special Policy Area until or unless a development application is filed under the Planning Act, for example to change the zoning of a property or to create new lots through subdivision or severance. c. ~~Where a development application under the Planning Act is filed, the following policies will apply:~~ d. Land within significant wetlands identified on maps maintained by the Ministry of Natural Resources and land within 120 m of these wetlands will be subject to the policies of Section 3.2.1 on Significant Wetlands and all applicable policies elsewhere in this Plan; e. ~~All other land will be subject to the policies associated with the underlying designations and all applicable policies elsewhere in this Plan;~~ The boundary of significant wetlands identified on maps maintained by the Ministry of Natural Resources may be amended based on more detailed site investigations, with the approval of the Ministry of Natural Resources.” 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~~ City has completed a cumulative effects analysis as part of the Jock River Reach 2 Subwatershed Study. The analysis will identify the changes to the drainage in the area resulting from, but not limited to, the effects of road construction, private drain works, municipal drain maintenance and discharge of water from quarries. Once the ~~studies have~~ study has 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. 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 words ‘and major’ from before and the word ‘major’ from after the words ‘site plans and’; and~~ 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 words ‘and major’ from before and the word ‘major’ from after the words ‘site plans and’; and~~ 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, or Tree Conservation Report or landform feature assessment,’ after the words ‘rezoning applications’.
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 ~~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.
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, wildlife habitat, valleylands or other natural heritage features are not designated, development and site alteration will not be permitted for:~~ a. ~~Any development permitted under the policies of this Plan within the feature;~~ b. ~~The creation of a single lot by severance within 30 metres of the boundary of the natural heritage feature in the rural area;~~ c. ~~Any development permitted under the policies of this Plan within 120 metres of the boundary of a natural feature in the rural area;~~ d. ~~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 features within the area or their ecological functions.~~ 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, 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. 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, wildlife habitat, valleylands or other natural heritage features are not designated, development and site alteration will not be permitted for:~~ e. ~~Any development permitted under the policies of this Plan within the feature;~~ f. ~~The creation of a single lot by severance within 30 metres of the boundary of the natural heritage feature in the rural area;~~ g. ~~Any development permitted under the policies of this Plan within 120 metres of the boundary of a natural feature in the rural area;~~ h. ~~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 features within the area or their ecological functions.~~ 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, 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. 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 ~~habitat~~, significant woodlands, significant valleylands, significant wetlands, and significant 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]
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 ~~known projects or activities~~ existing or proposed activities or development within or adjacent to the study area. For the purpose of this policy ‘proposed activities or development’ refers to applications that have been lodged with and which are awaiting or have received City approval. The evaluation will ~~access~~ assess residual effects,’ and 6. deleting the word ‘measures’ after the words ‘following mitigation,’ in the second sentence. 7.
SEE DOCUMENT 3 *The row corresponding to Item 269 in Document 1 is replaced with Item 269 in Document 3*
~~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.~~

Item

Section

OPA76 as Modified and Approved by the Ministry

City Recommendation to the OMB

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):