DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Valerie Shuttleworth, Director of Planning and Urban Design

 

 

 

 

PREPARED BY:

Lilli Duoba, Senior Project Coordinator, Environmental Planning and Rouge Park

 

 

 

 

DATE OF MEETING:

2003-Oct-14

 

 

 

 

SUBJECT:

Oak Ridges Moraine: Draft Official Plan Amendment and Zoning By-law

MI.204 

 

 

 

 

RECOMMENDATION:

THAT the staff report entitled “Oak Ridges Moraine: Draft Official Plan Amendment and Zoning By-law”, dated October 14, 2003, be received;

AND THAT the record of the Public Meeting held on July 7, 2003 with respect to the proposed amendment to the Official Plan and Zoning By-law be received;

AND THAT the Official Plan Amendment for the Oak Ridges Moraine, attached as Appendix ‘A’, be adopted.

 

AND THAT the Draft Zoning By-law Amendment to By-law 304-87, as amended to implement the Oak Ridges Moraine, attached as Appendix ‘B’, be passed;

 

AND THAT the Ministry of Municipal Affairs and Housing be forwarded the Official Plan Amendment and Zoning By-law for approval;

 

AND THAT the Ministry of Municipal Affairs be forwarded a justification report in support of the rezoning for the smaller woodlots;

AND FURTHER THAT the Region of York, Toronto and Region Conservation Authority, Town of Richmond Hill, Town of Whitchurch-Stouffville, Town of Pickering, Transport Canada and the Rouge Park Alliance be provided with a copy of the amendments and notice of adoption. 


 

PURPOSE

The purpose of this report is to provide for Council adoption and approval the draft Oak Ridges Moraine Official Plan Amendment and implementing Zoning By-law, as required pursuant to the Oak Ridges Moraine Conservation Act, 2001.   The draft Official Plan Amendment and Zoning By-law are attached as Appendix ‘A’ and Appendix ‘B’ respectively.

 

BACKGROUND

On December 14, 2001, the Legislative Assembly of Ontario passed Bill 122, the Oak Ridges Moraine Conservation Act, 2001.  The legislation provides for the enactment of the Oak Ridges Moraine Conservation Plan (ORMCP) by regulation.  The legislation requires that local municipalities amend their Official Plan and applicable zoning by-laws by October 22, 2003 to implement the Oak Ridges Moraine Conservation Plan.  The legislation affects both local and regional municipalities.  Within York Region, Markham, Richmond Hill, King, Vaughan, Newmarket, Whitchurch-Stouffville and Aurora contain Oak Ridges Moraine (ORM) lands.  The ORMCP allows municipalities to be more restrictive than the defined provisions of the ORMCP, except in the case of aggregate and agricultural policies.

 

The boundary of the Oak Ridges Moraine has been defined by Ontario Regulation 01/02.   In Markham, the ORM affects certain lands along the Town’s northern boundary, predominantly east of Highway 48 in north-east Markham, but also including some lands in north-west Markham.  The ORM lands in Markham are outside the Town’s approved urban boundary, and the Town of Markham does not have any current development applications within the lands affected by the ORMCP. 

 

The Region of York adopted their Oak Ridges Moraine Official Plan Amendment on March 27, 2003.  Subsequent modifications were adopted by Regional Council on May 22, 2003.  The Regional Official Plan Amendment has not yet been approved by the Ministry of Municipal Affairs and Housing.

 

The Town of Markham statutory public meeting on the draft Oak Ridges Moraine Official Plan Amendment, Secondary Plan and implementing zoning by-law was held on July 7, 2003.  We have received one letter following the public meeting requesting consideration for cemetery uses (Appendix ‘C’). 

 

SUMMARY OF THE OAK RIDGES MORAINE OFFICIAL PLAN AMENDMENT

 

Planning Framework

The approach undertaken by Markham for implementation of the Oak Ridges Moraine Conservation Plan includes the preparation and adoption of a new Oak Ridges Moraine Planning District Secondary Plan.  This approach allows a majority of the policy to be included in a stand alone Secondary Plan and provides the reference policies in the Official Plan (Revised 1987), as amended.  The Zoning By-law Amendment generally retains the existing zoning and use permissions for lands within the Moraine and adds an Oak Ridges Moraine suffix to the zoning that directs the requirements of a Planning Act approval needed to implement the ORMCP.  The zoning by-law amendment rezones the western parcel adjacent to Highway 404 where the permitted use is inconsistent with the Oak Ridges Moraine Conservation Plan, as well as the natural features and the associated minimum vegetative protection area into an environmental zone category. 

 

Minister’s Order (Airport) and Federal Lands

The majority of Oak Ridges Moraine lands in north-east Markham fall within Federal jurisdiction (Transport Canada).  These lands are currently part of the Transport Canada’s Federal Green Space Master Planning process, which includes an alternate Rouge Park corridor and Oak Ridges Moraine lands.  Notwithstanding that current ownership by the Federal Government precludes the application of Provincial legislation, the Federal lands within the Oak Ridges Moraine boundary form part of the draft Official Plan and Zoning By-law amendments.  The Federal Government is considering the intent of the Oak Ridges Moraine legislation within their Green Space Master Planning process.

 

The lands south of 19th Avenue in the east portion of the Oak Ridges Moraine are subject to Minister’s Zoning (Airport) Ontario Regulation 104/72.  The Province has advised the Town that this Regulation takes precedence, but that the Oak Ridges Moraine policies and zoning are to be applied to the entire site in the event that the Zoning Order is revoked.  Policies have been included in the draft Amendment to reflects the operative Provincial Regulation.

 

Southern Boundary

The southern boundary of the Oak Ridges Moraine is based on the 245 metre contour and has been mapped and released as Ontario Regulation 01/02.  Notwithstanding this, if lands within the boundary are demonstrated to be below the 245 m contour, as certified by an Ontario Land Surveyor to the satisfaction of the Town, the policies of the Oak Ridges Moraine Conservation Plan and implementing Secondary Plan do not apply and other policies may be applied.  Policies have been included in the Oak Ridges Moraine Amendment to reflect this circumstance. 

 

Existing Uses, Additions and Alterations Policies

In accordance with the requirements of the Oak Ridges Moraine Conservation Plan, policies have been included in the Secondary Plan to identify the tests that must be met to permit expansions to buildings and uses, and accessory buildings and structures. Accessory buildings and structures for agricultural uses up to 500 m2 may be permitted without a minor variance, subject to being outside the 120 metres minimum vegetation protection zone for key natural heritage features and at least 10 metres from smaller woodlots.  The approach being recommend by Town staff is acceptable to Ministry staff.

 

Land Use Policies

The Oak Ridges Moraine Conservation Plan requires municipalities to recognize the Oak Ridges Moraine designations in their Official Plan.  In Markham, the designations that apply are  ‘Countryside’ and ‘Natural Linkage Area’.  The Countryside designation is intended to encourage agricultural and other rural uses that support the Plan’s vision and objectives including the protection of prime agricultural land, maintenance of groundwater recharge, landform character etc.  The permitted uses identified in the Secondary Plan under the Countryside designation include:

 

 

Small scale commercial, industrial and institutional uses and major recreation uses are permitted in the Countryside designation in the ORMCP, except where the lands are considered prime agricultural areas.  All the Countryside lands in Markham meet the ORMCP test for “prime agriculture lands”, and therefore commercial institutional, industrial and major recreational uses are not permitted in the Secondary Plan.

 

The uses identified in the Oak Ridges Moraine Conservation Plan Countryside designation are more reflective of a rural designation rather than primarily agricultural as it permits conservation and fish, wildlife and forest management as well as home based commercial (home business, home industries, bed and breakfast establishments and farm vacation homes).  The Town’s zoning by-laws permit home occupations in the agricultural designations.  The Federal Green Space Master Plan process is identifying a Master Plan for its lands that would support both agricultural uses and more rural type countryside uses.  It would be appropriate to reflect these uses in the Secondary Plan, but not permit the uses in the Zoning By-law as of right, to ensure that, a public planning process (re-zoning) would be required to introduce the use.   The definition for home business, home industry, farm vacation homes and bed and breakfast establishment is included in the Appendix ‘A’ to the Secondary Plan.

    

The Natural Linkage Area designation is intended to maintain and, where possible, improve or restore the quality and integrity of critical ecological, hydrological and regional scale open space linkages between Natural Core Areas and along river valleys and stream corridors.  The uses identified in the Secondary Plan include: 

 

Similar to the Countryside designation, fish wildlife and forest management, conservation uses, home businesses, home industries, bed and breakfast establishments and farm vacation homes, if outside the requirements of the Town’s home occupation by-law, would require an amendment to the zoning by-law to permit the use.  These uses have been included in the Secondary Plan, in part, to reflect the emerging objectives of the Federal Green Space Master Plan process to reflect agricultural and countryside uses. 

 

Key Natural Heritage Features and Hydrologically Sensitive Features Policies

The ORMCP requires that municipalities identify key natural heritage features and hydrologically sensitive features and identify these on an Official Plan schedule.  These features include:

 

These features are identified on Schedule ‘DD’ to the Secondary Plan, with accompanying policies to address their protection including a minimum vegetation protection zone.  The policies also trigger a features evaluation where development is proposed within the 120 metre minimum area of influence. 

 

Smaller Woodlots

The Oak Ridges Moraine Conservation Plan permits municipalities to be more restrictive, except in regard to agriculture and mineral aggregate and wayside pits policies.  The woodlots that have been identified for protection by the Province include woodlots in the Countryside designation comprising 4.0 hectares and larger or woodlots in the Natural Linkage Area comprising 0.5 hectare or larger.  These woodlots have been identified on Schedule ‘DD’ to the Secondary Plan.  There are a number of other existing woodlots within the Oak Ridges Moraine in Markham that are smaller than the Provincial standard but still merit protection.   These woodlots are located entirely on the Federal Government lands and form part of Transport Canada’s Green Space planning process.  Given the expressed intent of the Federal Government to protect these green space lands, and consistent with Town’s Official Plan policies with respect to woodlots, we recommend that polices be included in the Official Plan Amendment providing for the protection of these woodlots. 

 

Provincial staff have requested that the Town provide justification for the designation of the smaller woodlots.  This issue was discussed and supported in principle at the Development Services Committee meeting on September 23, 2003.  Staff will follow up with additional information and environmental rationale for the protection of the smaller woodlots as requested by the Ministry of Municipal Affairs and Housing.  Prior to finalization of the justification report staff will consult with Transport Canada to ensure the protection of the woodlots aligns with the direction of the Federal Green Space Master Plan.  

 

High Aquifer Vulnerability Areas and Landform Conservation Policies

The ORMCP contains provisions for the identification of areas of High Aquifer Vulnerability and requires that certain uses, which increase risk to groundwater contamination, be prohibited.  These uses would include such uses as snow storage facilities and the generation and storage of hazardous waste.  The required policies have been included in the Secondary Plan Amendment. 

 

The ORMCP also requires that development policies be included on lands identified as Category 1 or 2 Landform Conservation.  In Markham, a portion of the eastern lands is identified as Landform Conservation Category 2.  Appropriate policies have been included in the draft Official Plan Amendment which identify the requirements for a review of development within the identified Landform Conservation Area.  

 

Mineral Aggregate and Wayside Pits Policies

The ORMCP does not allow a municipality to be more restrictive with respect to agriculture and aggregate uses.  However, the Ministry of Municipal Affairs and Housing have identified to the Town that they would not be opposed to the Town continuing to require an Official Plan Amendment for aggregate operations and wayside pits.  Appropriate policies have been included to address consideration of mineral aggregate resources and wayside pits within the Countryside and Natural Linkage Area designations consistent with the Town’s current policies and the ORMCP.  Staff are recommending that the land use not be identified in the Secondary Plan.  In this manner, a site specific Official Plan Amendment would be required to justify the use, in accordance to the environmental and other relevant municipal policy.  This approach was discussed at Development Services Committee meeting on September 23, 2003 and received support in principle from the Committee.

 

Low Intensity Recreation Uses Policies

The draft Oak Ridge Moraine Secondary Plan incorporates polices contained within the Oak Ridges Moraine Conservation Act with respect to low intensity recreational uses.

 

Infrastructure Policies

The Oak Ridges Moraine Conservation Plan identified a number of requirements relating to new municipal infrastructure, including transportation facilities, sewage and water facilities and stormwater management facilities.  The Town has incorporated appropriate provisions within the draft Oak Ridges Moraine Secondary Plan.  

 

SUMMARY OF THE OAK RIDGES MORAINE ZONING BY-LAW AMENDMENT

 

The lands included within the Oak Ridges Moraine are currently subject to the provisions of By-law 304-87, as amended.  The approach undertaken for the Oak Ridges Moraine zoning is to continue to maintain current zoning (Agriculture One, Open Space One, Rural Residential One, Rural Residential Two and Rural Residential Four), where this is consistent with the ORMCP, and to add an Oak Ridges Moraine overlay.   The overlay requirements reflect the Countryside requirements, Natural Linkage Area requirements, Environmental One (Key Natural Heritage Features and Hydrologically Sensitive Features), Environmental Two (Smaller woodlots) and Environmental Study (minimum vegetation protection) zones.

 

Lands identified as natural heritage features (key natural heritage features and smaller woodlots) are proposed to be rezoned from their current zoning designations to “Open Space” with the Environmental One (E1), Environmental Two (E2) or Environmental Study (ES) suffix.  The ORM lands located adjacent to Highway 404 are proposed to be rezoned from Commercial Recreation (CR) to Agriculture One (A1).  Uses currently permitted in the Commercial Recreation (CR) zone are now prohibited by the Oak Ridges Moraine Conservation Plan.  The Commercial Recreation Zone property is currently vacant with outdoor storage uses and structures.

 

New uses, buildings and structures will require approval of a rezoning or minor variance application, subject to satisfying the requirements of the Oak Ridges Moraine Conservation Plan.  Use restrictions have also been incorporated on lands identified as high aquifer vulnerability in accordance with the restrictions in the Oak Ridges Moraine Secondary Plan.   A copy of the draft zoning by-law has been provided to the Ministry of Municipal Affairs and Housing.  To date, comments have not yet been provided to the Town.

 

PUBLIC INPUT

 

We have received one letter following the public meeting requesting consideration for cemetery uses on lands currently designated Agriculture 1 and Hazards Lands and proposed to be designated Countryside and Natural Linkage Area (Appendix ‘C’).  The lands are proposed to be zoned for Agriculture 1 – ORM (Countryside) and ORM (Linkage) and Open Space – ORM (Environmental 1) and ORM (Environmental Study).   The current zoning is Agriculture 1 and Open Space.  The cemetery use is not permitted in the current designation or zoning. 

 

The lands within the Countryside designation in Markham do not permit small scale commercial, institutional and industrial uses, given their ‘prime agricultural land’ classification identified in the Oak Ridges Moraine Conservation Plan.  In order for the Town to consider small scale commercial, institutional and industrial uses, an amendment to the Official Plan and Zoning By-law would be required, supported by a justification report to demonstrate that the lands are not ‘prime agricultural land’ as defined in the Oak Ridges Moraine Conservation Plan.  

 

FINANCIAL CONSIDERATIONS

The draft Oak Ridges Moraine Official Plan, Secondary Plan and zoning by-law amendment place additional restrictions on lands within the Oak Ridges Moraine.  Additional staff time will be required to process applications for planning and building approvals in accordance with the requirements of the draft Oak Ridges Moraine Secondary Plan and zoning by-law, as well as to ensure all the study requirements are met for any proposed development or change in land use.  


 

ENVIRONMENTAL CONSIDERATIONS

The Oak Ridges Moraine Conservation Act, 2001 and Oak Ridges Moraine Conservation Plan has been considered the most environmentally significant legislation in Ontario since the Niagara Escarpment Act was passed in the 1970’s.   The draft Oak Ridges Moraine Secondary Plan policies and zoning implement the provincial initiative, and support the Town’s emerging priorities for protection of the Town’s environmentally sensitive lands and represents a further step by the Town to secure a comprehensive approach to environmental policy.

  

ENGAGE 21st CONSIDERATIONS

The draft Oak Ridges Moraine Official Plan, Secondary Plan and Zoning By-law Amendments align with the Environmental Focus goal of the Town’s Engage 21st Markham Strategic Plan. 

 

BUSINESS UNITS CONSULTED AND AFFECTED

Staff in the Development Services Commission and the Legal Services Department have reviewed the draft Official Plan Amendment.  The draft zoning by-law has been circulated to the Ministry of Municipal Affairs and Housing, but we have not received staff comments on the draft.  

ATTACHMENTS

Appendix ‘A’:              Draft Oak Ridges Moraine Official Plan Amendment
Appendix ‘B’               Draft Oak Ridges Moraine Zoning By-law
Appendix ‘C’               Landowner submission

 

File Path:                      Q:\Development\Planning\MISC\MI204 Oak Ridges Morraine\Reports

and Documents\report to DSC  Sept.2303.doc

 

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services