2018 Official Plan Consolidation
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TOWNSHIP OF NORTH DUMFRIES OFFICIAL PLAN CONSOLIDATION DATE: NOVEMBER 2018 North Dumfries Official Plan Explanatory Note On December 16, 2013, Township Council passed By-law No. 2605-13 to adopt Official Plan Amendment (OPA) No. 26 to the Official Plan for the Corporation of the Township of North Dumfries, which had the effect of updating the Township’s Official Plan to bring it into conformity with the Regional Official Plan (ROP), the Growth Plan for the Greater Golden Horseshoe, and to ensure consistency with the Provincial Policy Statement (PPS). The Region of Waterloo approved OPA No. 26, in part, with modifications on August 21, 2014 under Section 17 and 26 of the Planning Act. Portions of OPA No. 26 were deferred and various parties appealed part of OPA No. 26 to the Ontario Municipal Board. When the Region approved OPA No. 26, the entire ROP was still under appeal before the Ontario Municipal Board. Some of the key issues under appeal related to: • Area municipal population and employment forecasts to 2031; • Allocation of the Region’s 45 percent residential intensification target; • Minimum density targets for designated greenfield areas; and • Mineral aggregate resource policies. To avoid any potential conflicts between OPA No. 26 and the yet-to-be approved ROP, the Region deferred various policies in OPA No. 26 for further consideration. Some of these deferrals and appeals remain pending at this time and are explained in more detail below. This consolidation also incorporates site specific amendments that have been approved, which are outlined in a table at the end of this Section. The Township prepared this Consolidation of the Official Plan to reflect the status of the Official Plan as of November 2018. This Consolidation has been published for reference only. In the case of a discrepancy or inconsistency between this Consolidation and the Township’s Official Plan, or any amendments thereto, as approved by Regional Council or the Ontario Municipal Board/ Local Planning Appeal Tribunal, the content of the approved Official Plan or the amendments thereto shall prevail. To obtain the legal status of any specific policy in this Official Plan, please contact the Township’s planning department. Items Deferred for Further Consideration When Regional Council approved OPA No. 26 in 2014, it deferred portions of OPA No. 26 for further consideration. On December 11, 2017, the Region of Waterloo issued a further Notice of Decision in accordance with By-law 17-035 with respect to Deferrals Nos.1 and 3, and parts of Deferral 4. Where a decision has been deferred in relation to a part of this Plan, that part of the Plan is not in effect. To assist the reader, the remaining deferred parts of this Plan have been highlighted in light grey. The numbers shown in the box beside each deferral correspond to the numbers used in the Region’s Notice of Decision. ii North Dumfries Official Plan The areas of the Township’s Official Plan for which no decision has been made are as follows: Deferral No. 2 Beginning on page 16, no decision is being made with respect to Policy 2.4.1 (Reurbanization Target) in its entirety. Deferral No. 4 Deferral 4 pertains to the Township’s mineral aggregate policies. The Region deferred these policies in 2014 due to the corresponding appeals to aggregate policies in the ROP. The Local Planning Appeal Tribunal approved the Region’s mineral aggregate policies, with modifications, save and except for the two outstanding issues: 1) Extraction of mineral aggregate resources within the two-year time of travel of municipal water supply wells; and 2) Municipal regulation of extraction of mineral aggregate resources below the water table (i.e., vertical zoning). Accordingly, no decision has been made with respect to the following deferrals: Deferral 4.1 Policy 5.2.2.3 only insofar as they relate to the words “or increase the depth of extraction”; Deferral 4.2 Policy 5.2.4.1 only insofar as they relate to the words “or increase the depth of extraction”; Deferral 4.3 Policy 5.2.3.1 only insofar as it relates to the entire last sentence; Deferral 4.4 Policy 5.2.3.2; Deferral 4.5 Policy 5.2.5.4; Deferral 4.6 Policy 5.2.5.11 b) only insofar as it relates to any site-specific zoning regulations pertaining to depth of extraction; Deferral 4.7 Policy 5.2.6.1 only insofar as it relates to the word “through an amendment to this Plan and to the ROP”; and Deferral 4.8 Policy 5.2.6.2. iii North Dumfries Official Plan Appeals to the Ontario Municipal Board (Local Planning Appeal Tribunal) Portions of this Official Plan were appealed to the Ontario Municipal Board and are not yet in effect. On April 23, 2018 the Local Planning Appeal Tribunal approved a series of appeals including Appeal Nos. 1, 2, 3, 5, 6, 7, 8, and 11. To assist the reader, any appeal of this Plan that has not been resolved is enclosed with a black box. Any part of this Plan that has been appealed will be adjudicated by the Local Planning Appeal Tribunal as part of a future hearing. The sections of OPA No. 26 that remain under appeal are as follows: Appeal No. 4 Chapter 2, Subsection 2.6.10 (Agricultural), in relation to the Activa Lands and Hallman/Gatestone Lands. Appeal No. 9 Map 5A (Greenlands Network), in relation to the Activa Lands and Hallman/Gatestone Lands Appeal No. 10 Map 5B (Environmental Constraint Areas), in relation to the Activa Lands and Hallman/Gatestone Lands List of Amendments Incorporated into the November 2018 Consolidation OPA Township Location Description No. By-law No. 10 2318-2008 Lot 33, Concession 8 (located Map 2.1: Change designation from south of CP Rail, east of Main Agriculture Special Policy 2.7.6 to Street, north of Scott Street) Urban Residential and Ancillary, Open Space, Open Space / Environmental Constraint. 20 2557-13 1535 New Dundee Road Map 2: Change designation from Rural Area / Agricultural to Rural Area / Open Space 23 2548-13 88 Gibson Street, Ayr Map 2.1: Change designation in Part 1 to Urban Residential and Ancillary with Special Policy Area 2.7.12. Change designation in Part 2 (southeast corner) to Open Space Text: Add Special Policy Area 2.7.12 to allow a commercial office building. iv North Dumfries Official Plan 25 2578-13 1011 Northumberland Street Map 2.30 (Settlement Area): Add Special Policy Area 2.7.2.6.4 Regional Road 58 and Text: Add Special Policy Area Township Road 3 Rural 2.7.2.6.4 to Section 2.9.3.4 to allow Employment Area commercial activities such as a grocery store and drive-thru restaurant 27 2621-14 1910 Roseville Road Map 2: Change land use designation from Rural Area / Agricultural to Rural Area / Open Space 28 2698-15 Part of Lots 32 and 33, Map 2.1: Remove north portion of Concession 7 Special Policy Area 2.7.9 and (Challenger Avenue, Ayr) designate as Urban Residential and Ancillary 29 2714-15 180 Northumberland Street, Map 2.1: Change designation from Ayr General Industrial to Urban Residential and Ancillary 30 2733-15 50 Bute Street, Ayr Map 2.1: Change table lands portion designation from Open Space to Urban Residential and Ancillary 31 2863-17 Southeast corner of Map 2.1: Change designation from Northumberland Street and General Industrial to Urban Greenfield Road Residential and Ancillary with Special Policy 2.7.11 Text: Add Special Policy Area 2.7.11 regarding to urban design v North Dumfries Official Plan Contents CHAPTER 1: PLAN FRAMEWORK ............................................................................................................................ 3 1.1 INTRODUCTION ........................................................................................................................................ 3 1.2 POLICY FRAMEWORK ............................................................................................................................... 3 1.3 HIERARCHY OF PLANNING DOCUMENTS ................................................................................................. 4 1.4 GENERAL INTERPRETATION ..................................................................................................................... 5 1.5 GOALS ...................................................................................................................................................... 5 1.6 POPULATION AND EMPLOYMENT FORECAST .......................................................................................... 7 CHAPTER 2: GENERAL DEVELOPMENT POLICIES ..................................................................................................... 8 2.1 PLANNED TOWNSHIP STRUCTURE ........................................................................................................... 8 2.1.1 Ayr Urban Area ..................................................................................................................................................... 8 2.1.2 Rural Settlement Areas ......................................................................................................................................... 8 2.1.3 Rural Employment Areas ...................................................................................................................................... 8 2.1.4 Urban Area ............................................................................................................................................................ 9 2.1.5 The Countryside .................................................................................................................................................. 10 2.1.6 The Countryside Line