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HomeMy WebLinkAboutPDS-024-21Public Meeting Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: April 26, 2021 Report Number: PDS-024-21 Submitted By: File Number: Report Subject: Ryan Windle, Director of Planning and Development Services COPA2021-0001 Resolution#: Public Meeting Report for DRAFT Official Plan Amendment regarding Special Study Area 2 Purpose of Report: The purpose of this report is to provide information to the public and Council. It does not constitute, imply or request any degree of approval. Recommendations: 1.That Report PDS-024-21 be received for information only; 2.That Staff receive and consider comments from the public and Council with respect to COPA2021-0001; 3.That the proposed DRAFT OPA COPA2021-0001 continue to be processed including the preparation of a subsequent report; and 4.That all interested parties listed in Report PDS-024-21 and any delegations be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-024-21 Report Overview This is a public meeting report to provide an overview of the proposal by Clarington Council regarding the consideration of deleting Greenbelt related policies from the Clarington Official Plan. The policies being considered for deletion include Section 17.3 Special Study Area 2 – Greenbelt Expansion and Policy 13.3.12 which is included in the General Countryside policies. A summary of how the public has been notified as well as submissions received to date are included. 1. Proposal Details 1.1. Applicant: Municipality of Clarington 1.2. Proposal: Clarington Council is seeking input from the public regarding the consideration of the deletion of the following policies from the Clarington Official Plan. 13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. 1.3. Area: Figure 1 depicts the lands to which the above noted policies apply. It encompasses approximately 3800 hectares of land. Municipality of Clarington Page 3 Report PDS-024-21 Figure 1: Lands subject to the DRAFT Official Plan Amendment Municipality of Clarington Page 4 Report PDS-024-21 2. Official Plan Land Use Designations 2.1. In the Region of Durham Official Plan, the subject lands between Courtice and Bowmanville are designated Major Open Space. The subject land between Bowmanville and Newcastle are designated Prime Agricultural Areas. 2.2. The subject lands are located outside the Urban Areas of Courtice, Bowmanville and Newcastle and are designated Rural, Prime Agriculture and Environmetal Protection(EP) in the Clarington Official Plan. The subject lands between Courtice and Bowmanville are designated Rural and EP and the subject lands between Bowmanville and Newcastle are designated Prime Agriculture and EP. 2.3. The Rural land use designation is intended to support prime agricultural areas, link the open space system and function as an urban separator. Lands designated Rural shall predominantly be used for agriculture, agricultural related uses and on-farm diversified uses. Additional non-agricultural uses may also be permitted on lands designated Rural through site specific zoning by-law amendments. 2.4. The land uses permitted on designated Prime Agriculture lands are agriculture, agriculture related uses and on-farm diversified uses. Other uses are not permitted. 2.5. Development is not generally permitted on lands designated Environmental Protection Area however some uses, including low intensity recreation and agriculture are permitted in accordance with the Official plan. 2.6. The DRAFT OPA as presented does not propose to change the land use designations in the Region of Durham Offiical Plan. 2.7. The DRAFT OPA as presented does not propose to change the land use designations in the Clarington Official Plan. 3. Background Official Plan Policy Background 3.1. Section 17, Special Study Areas is a section in the Clarington Official Plan that identifies areas in the Municipality that are subject to (future) comprehensive studies. Generally, until the specified studies are completed, the lands within a Special Study Area are limited to existing uses. 3.2. The Special Study Area 2 (“SSA2”) policies were approved as part of Official Plan Amendment 107 (OPA 107) which was adopted by Clarington Council in November 2016 and approved by the Region of Durham in June 2017. In contrast to the other Special Study Areas in the Official Plan, SSA2 is not mapped on the Land Use schedules, it is only described in the policy. Municipality of Clarington Page 5 Report PDS-024-21 3.3. Starting in 2011, the Agricultural Advisory Committee of Clarington requested a study be undertaken as part of any expansion of the Greenbelt which was supported by Clarington Council. In 2013, as part of the Clarington Official Plan Review process, the expansion of the Greenbelt was discussed in the Countryside Discussion Paper and presented at public information centres. Subsequenlty, d uring the 2015 Provincial Plans review, Clarington Council requested the Province to protect agricultural lands. These directions from Council became the foundation for the SSA2 policies and policy 13.3.12 that were included in the Official Plan. 3.4. Following the Minister’s Zoning Order discussions regarding the Home Hardware, Clarington Council and the Agricultural Advisory Committee of Clarington (AACC) have received many delegations and requests from landowners within SSA2 requesting the SSA2 policies be deleted from the Official Plan. Please find the memo that Staff provided to Council for the February 1, 2021 Planning and Development Committee regarding this issue in Attachment 1 to this report. 3.5. Clarington Council, at a meeting held on February 8, 2021, approved the following Resolution #C-058-21: “That Staff issue the necessary notices for a Public Meeting under the Planning Act to be held on April 26, 2021, for the consideration of the deletion of Special Study Area 2 from the Clarington Official Plan.” 3.6. Staff acknowledge that the above Council resolution did not include policy 13.3.12. Staff believe it was appropriate to include this additional policy to the notice because policies in Section 17.3 and policy 13.3.12 have the same intent and apply to the same land. 3.7. The intent of policy 13.3.12 is to provide support for expansion of the Greenbelt Plan area to provide long term protection of prime agricultural land. Section 17.3 is also about the protection of high yielding agricultural lands. The main difference being that Policy 17.3.2 describes a historical request for a study, and that ‘studying’ the land prior to including lands is appropriate. 3.8. Figure 1 illustrates the lands that are subject to the DRAFT OPA. Policy 17.3.1 specifically describes the lands to which the SSA2 policies apply, which are the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban areas in Clarington. Similarly, policy 13.3.2 applies to the lands not already in the Greenbelt, and not within an existing Urban Areas. Both policies refer to land within SSA2 as shown in Figure 1. 4. Public Notice 4.1. In accordance with the Planning Act and previous Council direction the Notice of Statutory Public Meeting, Attachment 2, was emailed and/or mailed to the following:  534 Property Owners within SSA2 Municipality of Clarington Page 6 Report PDS-024-21  217 Property owners or occupants of land in the rural area within 300m of SSA2  646 Property owners or occupants in the urban area within 120m of SSA2  20 Interested parties  35 Agencies and organizations. 4.2. The statutory Public Meeting was advertised in the Clarington This Week for three consecutive weeks beginning Thursday April 8, 2021 and concluding on Thursday April 22, 2021. It was also advertised in the Orono Times for three consecutive weeks beginning Wednesday April 7, 2021 and concluding on Wednesday April 21, 2021. 4.3. The statutory Public Meeting was advertised in the Planning and Development Services e-update on April 1 and 22, 2021. It has also been advertised on Clarington’s social media pages. 4.4. At the time of writing this report, there have been 143 unique visitors to the project webpage. On average the time spent on the webpage was approximately five minutes. To arrive at the project web page the majority (102) used the friendly URL (Clarington.net/SpecialStudyArea2), 34 via Facebook and seven through other routes. 4.5. Following public meeting notice, Staff presented the DRAFT OPA being considered to the AACC at their April 8, 2021 meeting. 5. Agency Comments 5.1. In accordance with the Planning Act and normal procedures, over 20 agencies were requested to provide comment on the DRAFT OPA. To date comments have been received from 5 agencies. 5.2. Both Canada Post Corporation and Ministry of Transporation of Ontario staff have indicated that they have no comments on the proposed DRAFT OPA. Enbridge Gas Distribution Inc. staff has no objection to the DRAFT OPA. 5.3. The Central Lake Ontario Conservation Authority (CLOCA) and Region of Durham indicate that deleting these policies will not affect the underlying land use designations or affect any of the existing land use permissions and as such, they do not offer objections should Council decide to delete the subject policies from the Official Plan. 6. Public Submissions 6.1. Since the release of the Notice of statutory Public Meeting on April 1, 2021 and writing this Report, Staff have received 27 telephone and/or email inquiries/submissions. The majority of the emails and telephone calls received were from residents requesting additional or clarification ofinformation. They also wanted to know whether or not their Municipality of Clarington Page 7 Report PDS-024-21 property is affected, what the policies mean, and what it would mean to them if the policies were either kept or deleted. 6.2. Nine submissions have requested that the subject policies remain in the Off icial Plan. Reasons offered in support of keeping the policies include the following:  There are many benefits to urban sprawl however there is also a great benefit to maintaining the agricultural lands that separate said sprawl.  All lands in ‘purple’ should be located within the Greenbelt and all farming in these areas should be done so in an environmentally responsible way.  It is important for the Municipality of Clarington to be part of the process with the Province so a science-based study can be conducted prior to the addition of lands to the Greenbelt. These policies were included in Clarington’s Official Plan and therefore deemed important to protect prime agricultural and natural heritage and water systems. 6.3. Three submissions have been received that support removing the subject policies from the Official Plan. Reasons offered in support of removing the policies include the following:  Bowmanville is bordered by Greenbelt to the North and Lake Ontario to the South. If this greenbelt is expanded to include the area as shown in purple on the map, how does any further development or expansion of either Bowmanville, Courtice or Newcastle occur? The only way to expand would then be up and my understanding is that there are limitations in the Official Plan on building heights and obstructions of view.  I believe a special Greenbelt study is not required and everything should remain.  Clarington does not need more Greenbelt. 7. Concurrence Not Applicable. 8. Conclusion It is respectfully recommended that following the statutory Public Meeting and listening to members of the public and Council, Staff will prepare a recommendation report for Council’s consideration. Staff Contact: Lisa Backus, Principal Planner, 905-623-3379 x2413 or lbackus@clarington.net or Carlos Salazar at 905-623-3370 x 2409 or csalazar@clarington.net. Attachments: Municipality of Clarington Page 8 Report PDS-024-21 Attachment 1 – MMC Memo re:Special Study Area 2 Attachment 2 – Notice of Statutory Public Meeting Interested Parties: on file List of Interested Parties available from Department. MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Mayor and Members of Council From: Faye Langmaid, Acting Director of Planning and Development Services Date: January 30, 2021 File No.: COPA2021-0001 Re: Item 14.1 - Requirements for Public Meeting Notice for Special Study Area 2 of the Clarington Official Plan Special Study Area 2 – Greenbelt Expansion policies were adopted in the Official Plan as part of Official Plan Amendment 107 (OPA 107) in 2016. The policies for Special Study Area 2 were included based on input from the Agricultural Advisory Committee and the 2015 request of Clarington Council to the Province to protect Clarington’s agricultural lands. Attachment 1 delineates all the lands affected by this Special Study Area 2 as well as the properties within 120 metres of the Special Study Area 2 (the required notification limit). This is an excerpt of the Clarington Official Plan, 2018 Office Consolidation. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. COPA2021-0001 Page 2 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net The policies in Section 17.3 provide no additional restrictions or permissions beyond a property’s existing land use designation in the Official Plan, or the Zoning By-law regulations. These policies simply describe an area of land the Municipality requested the Province to study. It is staff’s opinion that Section 17.3 of the Official Plan policies would not qualify as a municipal request to grow the Greenbelt. The Greenbelt Plan was reviewed and updated in 2017 (subsequent to Clarington’s Official Plan being adopted and approved), the Province did not carry out further studies at that time, they added major urban river valley systems to the Greenbelt including Graham, Wilmot, Soper and Bowmanville Creek valleys. Official Plan Amendment Process In response to New Business Item 14.1 of PDC Agenda for February 1st, staff have outlined the process required to amend the Clarington Official Plan (Attachment 2). Past practices and Official Plan policy include the notification of Clarington residents and request for comments from the prescribed agencies. In this case, the first possible date for a Statutory Public Meeting would be April 26,2021 to meet the standard requirements. Planning Act applications (municipally or privately initiated) for Official Plan Amendments (OPAs) require several key steps. Each of these steps have varying degrees of additional direction in the Planning Act. The key steps include: Prepare a proposed OPA Request comments from the agencies Statutory Public Meeting including notifications and a staff report Staff Recommendation Report to Council Council decision on the OPA Region of Durham Approval Attachment 2 describes each of these steps in detail and the associated timelines. Staff Resources To undertake this Official Plan Amendment staff in the Community Planning and Design Branch would be diverted from the Brookhill, Southwest Courtice (SWC) and the Southeast Courtice (SEC) Secondary Plan projects. For both the Brookhill and SWC Secondary Plan, this will mean the delay of bringing forward recommendation reports to adopt the Secondary Plans. For the SEC Secondary Plan, this will mean staff will be delayed in responding to the Region of Durham as they process the approval of the Secondary Plan. In addition, staff will be delayed in preparing the zoning by-law amendments needed to implement the Secondary Plans. Delaying these projects will also have the consequence of constraining the housing supply and building activity within the next few years in Clarington. COPA2021-0001 Page 3 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Public Notification/Consultation Council members are well aware that there is a difference between notification and consultation. The process outlined in Attachment 2 is notification as required by the Planning Act. To consult and properly inform the community and landowners affected, we would need to contact the property owners affected and host one or two public information centres in addition to the process outlined in Attachment 2. Conclusion Provided that Council acknowledges there will be delays in projects that Council have accepted funding from land-owner groups to advance; Staff would bring forward a Statutory Public Meeting Report at the April 26, 2021 Planning and Development Committee. As outlined previously, our recommendation is that this Official Plan amendment be part of the Clarington Official Plan review to be initiated this year. By being part of the OP review, Council will be able to comprehensively look at the whole municipality to the year 2051, the new planning horizon for official plans. Faye Langmaid Director (A) of Planning and Development Services cc: CAO Deputy Clerk Director of Legislative Services Lisa Backus Carlos Salazar Attachment 1 Attachment 2 Process Timeline Action Planning Act requirement and standard procedure (not including open houses) February 1 – Notice by Committee February 8 – Council ratifies decision to proceed with an OPA February 8 to March 12 Staff prepare the OPA and supporting materials Circulate to Agencies for comment April 1 - Notice of a statutory Public Meeting NOTE: May include the Recommendation report. Give notice for Statutory Public meeting minimum of 20 days in advance of Meeting date. Mail to all landowners affected by Study Area (approximate 500) Mail to all landowners/occupants within 120m of Study Area (approximate 900) Mail to Interested Parties (~20) Notice in 2 Newspaper (Orono Times, Clarington This Week) for three consecutive weeks Prescribed Agencies April 26 Statutory Public Meeting at Planning and Development Committee Meeting May 3 Council Ratification of Public Meeting decision May 5 -Notice of Council decision Notice of Decision letter prepared. Mail to all landowners in Study Area Interested Parties The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Timeline Action Planning Act requirement and standard procedure (not including open houses) about Statutory Public Meeting May 5 Notice of Recommendation Report (or Send with the notice of PM) Prepare notice of recommendation report if notice not given as part of Statutory Public Meeting Mail to all landowners in Study Area Interested Parties May 17 Recommendation Report at Planning and Development Committee Meeting May 27 Council Ratification May 27 - Notice of Adoption Prepare a notice of adoption Mail to all landowners affected Interested Parties May 27 - June 10 Forward to Region for Approval Staff to prepare an Area Municipal Official Plan Amendment Document Package Fall 2021- Region of Durham Decision Notice of Statutory Public Meeting We want to hear from you! Clarington Council has directed Staff to seek input from the public regarding a DRAFT Official Plan Amendment (OPA) that would serve to delete policy 13.3.12 and Section 17.3 Special Study Area 2 –Greenbelt Expansion from Clarington’s current Official Plan. The policies that are the subject of the DRAFT OPA are quoted below: The DRAFT Official Plan Amendment and a map that depicts the subject lands to which the policies apply are attached to this notice. This, and additional information will be available for review at www.Clarington.net/SpecialStudyArea2 beginning on April 1, 2021. Statutory Public Meeting Details Our procedures have changed as we continue to adapt to the COVID-19 pandemic. As mandated by Public Health, to maintain physical distancing these meetings will take place electronically. This meeting is live-streamed for public viewing at www.clarington.net/calendar Date: Monday, April 26, 2021 Time: 7:00 pm Place: Electronic Teams meeting by way of on-line device or telephone If you wish to speak at the public meeting, please pre-register and you will be provided with further instructions. You can pre-register by completing the online form at www.clarington.net/delegations or contact the Clerk’s Division at 905-623-3379 ext. 2109 or clerks@clarington.net by Friday, April 23, 2021 at 4:00 pm. 13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land. 17.3 Special Study Area 2 - Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study. Page 2 If you are unable to participate electronically, please contact the Clerk’s Division and we will do our utmost to accommodate you. Written Submissions We encourage you to submit your written comments prior to the date of the Public Meeting for Committee’s consideration to Lisa Backus via email lbackus@clarington.net by mail or drop box to 40 Temperance Street, Bowmanville, ON L1C 3A6. A drop box is located at the Church Street entrance. More information If you wish to be notified of the decision of Clarington Council on the proposed Official Plan Amendment, you must make a written request to the Municipal Clerk, 40 Temperance Street, Bowmanville, ON, L1C 3A6. Right of Appeal If a person or public body would otherwise have an ability to appeal the decision of Clarington Council to the Local Planning Appeal Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of Clarington before the proposed official plan amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Local Planning Appeal Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party. Freedom of Information and Protection of Privacy Act The personal information you submit will become part of the public record and may be released to the public. Questions about the information we collect can be directed to the Clerk’s Department at 905- 623-3379, extension 2102. Accessibility If you have accessibility needs and require alternate formats of this document or other accommodations, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Questions? Please contact Lisa Backus 905-623-3379, extension 2413, or by email at LBackus@clarington.net. File Number: COPA2021-0001 Ryan Windle, MCIP, RPP, AICP Director of Planning and Development Services Page 3 DRAFT Amendment No. xx to the Clarington Official Plan Purpose: The purpose of this Amendment is to delete Policy 13.3.12 and Subsection 17.3 Special Study Area 2 – Greenbelt Expansion policies from the Clarington Official Plan. Location: This Amendment applies to approximately 3800 hectares of land. This area is generally described as all the lands east of Highway 418, south and east of the Greenbelt boundary between Courtice and Bowmanville, south and west of the Greenbelt boundary between Bowmanville and Newcastle, north of Highway 401 and outside of the urban area boundaries in Clarington. (see map on reverse). Effect: The effect of removing of these policies from the Official Plan is that the Official Plan would no longer identify Council’s position that prior to consideration of expanding the Greenbelt Plan Area a science-based study be undertaken by the Province to identify the appropriate lands for inclusion. Whether these policies are in the Official Plan or not, the Province determines the procedures and consultation process for expanding the Greenbelt Plan Area. The deletion of the policies does not affect the existing land use designations or zoning by-law permissions and regulations for the properties affected. Proposed Amendments Unless otherwise indicated in the Amendment, additional text is shown with an underline and deleted text is shown with a strike-through. 1. Existing subsection 13.3.12 is deleted in its entirety and the subsequent subsection is renumbered accordingly: “13.3.12 The Municipality supports the expansion of the Greenbelt Plan Area to provide long term protection of prime agricultural land.” 2. Existing Section 17 Special Study Areas is hereby amended as follows: “17.3 Special Study Area 2 – Deleted Greenbelt Expansion 17.3.1 Special Study Area 2 is all of the lands east of Highway 418 south and east of the Greenbelt boundary, north of Highway 401 and outside of the urban area boundaries in Clarington. 17.3.2 In May 2015, Clarington Council requested that the Province undertake an appropriate science-based study of agricultural capability to identify high yielding agricultural lands to be added to the Greenbelt for permanent protection. 17.3.3 The draft Greenbelt Plan (2016) identifies that the Government of Ontario will lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt. The Province will work with municipalities and others using a systems approach considering the connections with the Agricultural, Natural Heritage and Water Resource systems of the plan. Where it is determined that identified areas would benefit from Greenbelt protection, the Province may initiate amendments to the Greenbelt Plan. 17.3.4 Special Study Area 2 identifies the lands which the Municipality considers appropriate as an area for the future Greenbelt expansion study.” Page 4