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HomeMy WebLinkAboutPD-26-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REVISED DN: POLICY.GPA D REPORT Meeting: General Purpose and Administration Committee File # .� Date: Monday February 19, 1996 Res. Report #: PD -26 -96 File #: PLN 1.1.4 By -law # Subject: DRAFT PROVINCIAL POLICY STATEMENTS FILE: PLN 1.1.4 Recommendations: It is respectfully recommended to Council the following: 1. THAT Report PD -26 -96 be received; 2. THAT Report PD -26 -96 be forwarded to the Ministry of Municipal Affairs and Housing as the comments of the Municipality of Clarington on the Draft Provincial Policy Statements; 3. THAT a copy of this Report and Council's resolution be forwarded to the Honourable Al Leach, Minister of Municipal Affairs and Housing and the Region of the Durham Planning Department. 1. BACKGROUND 1.1 Purpose of Report 1.1.1 In January 1996, the Province released a draft Provincial Policy Statement (PPS). The Ministry of Municipal Affairs and Housing has requested that comments on the draft Provincial Policy Statement be submitted by March 4th, 1996. This report has been prepared in response to the Ministry's request for comments. Staff's recommended comments on the draft Provincial Policy Statement are provided in bold. 2 REPORT 1.2 Provincial Policy Statement 1.2.1 Provincial Policy Statements are prepared under Section 3 of the Planning Act and are intended to provide policy direction on matters of provincial interest related to' land use planning and development. 1.2.2 The PPS will replace the Comprehensive Set of Policy Statements (CSPS) which came into effect on March 28, 1995 with the proclamation of changes to the Planning Act (Bill 163) by the previous government. The PPS will be retroactive to that date and will apply to all applications on which no decision has been made. It is intended to come into effect at the same time as Bill 20 (The Land Use Planning and Protection Act) is proclaimed, probably in July 1996. The Implementation Guidelines for the PPS are also to be released at this time. 2. OVERVIEW AND COMMENTS ON PROPOSED POLICY STATEMENT 2.1 General 2.1.1 The draft PPS differs from the CSPS in two significant ways. Firstly, the PPS is much shorter, less detailed and much less prescriptive than the CSPS. The tone of the PPS is also more permissive towards development. The PPS focuses on expected results in matters relating to land use planning and gives relevant authorities more flexibility in deciding how to achieve these results. As such, the PPS sets minimum standards but does not prevent planning authorities from going beyond these standards. However, greater onus will be placed on the Municipality to justify any policies which are more restrictive than these minimum standards. This approach is also reflected in the advisory nature of the Implementation Guidelines for the PPS. 2.1.2 Secondly, under the provisions of both the PPS and Bill 20, planning authorities shall have regard to the PPS in making decisions on land use planning matters. This is in contrast to the language of Bill 163 and the CSPS which requires that I REPORT decisions on planning matters shall be consistent with policy statements issued under Section 3. 2.1.3 The Municipality of Clarington notes the reduced detail and direction provided for in the proposed Provincial Policy Statement. This approach may permit planning for Clarington to be more flexible and responsive to the specific needs of the community. However, it could also result in fragmented planning not in the long term public interest of the Province. 2.1.4 The policies of the PPS are prefaced with three principles on which Ontario's long term economic and environmental health depend: promoting efficient development and land use; protecting resources for their economic and environmental benefits; and directing development away from hazardous areas. These three principles replace the nine goal statements of the CSPS. The policies of the PPS are grouped as follows: • Efficient, Cost - Effective Development • Resources • Public Health and Safety • Implementation /Interpretation. Each of these specific policy groups is discussed below. 2.2 Eff icient, Cost - Eff ective Development 2.2.1 This section of the PPS contains policies relating to developing strong communities, housing, and services and infrastructure. It replaces Section B (Economic, Community Development, and Infrastructure Policies) and Section C (Housing Policies) of the CSPS. CI REPORT PAGE 4 2.2.2 Developing Strong Communities 2.2.2.1 The PPS maintains the emphasis of the CSPS on cost - effective development patterns, including the efficient use of land, resources, infrastructure and public service facilities. More emphasis is placed on providing the infrastructure necessary for long term economic growth. Urban areas and rural settlements are to continue as the focus of concentrated growth, including support for public transit and intensification. The expansion of settlement areas is to be permitted only where a 20 year supply of land is not designated. Growth is to be directed away from prime agricultural areas where possible. As well, development is to protect significant and sensitive features and areas, using ecosystem -based information. 2.2.2.2 The PPS differs from the CSPS in that it does not specifically require new development within settlement areas to have a compact form or a mix of uses. The need to justify rural residential development outside settlement areas as required by the CSPS has not been carried forward into the PPS. The support for the well -being of mainstreets and downtowns provided in the CSPS has been replaced in the PPS with support for preserving the vitality of existing commercial areas. As well, the CSPS policy requiring social and human service needs to be recognized in land use planning has been removed. 2.2.2.3 The Provincial Policy Statements should re- enforce existing settlement areas as the preferred location for new development by specifically encouraging settlements to adopt a more compact form and a mix of land uses. They should also balance the emphasis on "hard" infrastructure with the need to supply "soft" services including parks, recreational facilities and libraries. _V REPORT The focus on preserving commercial areas should be shifted back to downtowns and mainstreets inasmuch as these areas are the traditional centres of community activity and identity, and provide a broader mix of uses and more compact development supportive of public transit. 2.2.3 Housing 2.2.3.1 The PPS maintains the policies of the CSPS which require that municipalities maintain at least a 10 year supply of land designated for residential development or redevelopment, and a 3 year supply of draft - approved or registered residential units. 2.2.3.2 The PPS has not maintained the policies of the CSPS relating to the provision of affordable housing. Rather, provision is to be made for a full range and mix of housing types and densities to meet the projected demographic and market requirements of current and future residents. Applications for redevelopment or applications which would facilitate housing for moderate and lower income housing should be facilitated. However, the PPS does not provide a definition of affordable housing or require that the Municipality meet any minimum targets of affordable housing. As well, cost - effective development standards should be adopted to reduce the cost of housing. 2.2.3.3 The Municipality of Clarington generally supports the housing policies of the Provincial Policy Statements. However, the Municipality is concerned with the vagueness of the term "cost- eff ective development standards ", noting that it could be applied to a wide range of services and infrastructure currently required by a municipality (eg. road widths, sidewalks, landscaping, parkland). Reduced municipal standards will not necessarily be translated into lower housing costs without parallel action or commitment from the 0 REPORT development industry. The policy should indicate that the appropriateness of reduced development standards should be at the discretion of the 2.2.4 Services and Infrastructure 2.2.4.1 The PPS maintains the emphasis of the CSPS on full municipal sewage and water services for urban development. Urban development will be permitted only if sufficient municipal sewer and water services are available to accommodate it. However, while the CSPS provides for development in rural settlements to be serviced by either public communal systems or individual on -site systems, the PPS indicates public communal services are the preferred means of servicing multiple lot /unit developments. Individual on -site systems may be permitted where the use of public communal systems is not feasible. 2.2.4.2 The Municipality of Clarington supports the principle of communal sewer and water services for rural settlement areas, noting that it would allow for a more compact development form. However, the construction and maintenance of communal facilities, as well as liability issues, could have significant financial implications for the responsible municipal body. The Policy Statements should therefore specifically permit municipal authorities to assess both technical and financial considerations when determining the feasibility of communal services. 2.2.4.3 As with the CSPS, the PPS includes 'waste management systems' in the definition of 'infrastructure'. The CSPS addresses the need for waste management systems in Section E (Conservation Policies), and indicates the need for such systems to complement reduction, re -use and recycling objectives. The PPS discusses waste management systems as part of its infrastructure policies. Systems are to be 7 REPORT O provided that are sufficiently large and of a type to accommodate present and future requirements, and located and designed in accordance with provincial standards and legislation. 2.2.4.4 The Municipality of Clarington supports the emphasis given in the previous policy statements to the 3Rs of reduce, re -use and recycle. The proposed policy on waste management, in particular the reference to size and location, appears to emphasize single large waste management sites, including waste disposal sites, rather than a waste management system composed of many smaller elements, such as small recycling centres and composting sites. The Municipality prefers the approach of the CSPS to waste management. 2.3 Resources 2.3.1 This section of the PPS contains policies relating to agriculture, mineral resources, and natural heritage. It replaces parts of Section A (Natural Heritage, Environmental Protection, and Hazard Policies) and Section B (Economic, Community Development, and Infrastructure Policies), and all of Section D (Agricultural Policies) and Section F (Mineral Aggregates, Mineral and Petroleum Resource Policies) of the CSPS. 2.3.2 Agricultural Policies 2.3.2.1 The policies of the PPS regarding prime agricultural areas are very similar to those of the CSPS. Such areas are to be protected for primary agricultural uses, secondary agricultural uses and agriculture - related uses. Lot creation is permitted for primary agricultural uses and agriculture - related uses, although the requirement of the CSPS that the agriculture - related uses must be existing, has been removed. Severances for farm retirement lots, surplus dwellings and residential infilling are also permitted. D REPORT • •D PAGE 8 2.3.2.2 Both the PPS and the CSPS define 'prime agricultural area' on the basis of specialty crop lands and CLI Soil Classes 1 -3. However, the provision in the CSPS which permits prime agricultural areas to be identified through an alternative land evaluation system has not been carried forward in the PPS. 2.3.2.3 The definition of 'prime agricultural area' should not rely exclusively on soil capability. The definition does not recognize many other factors which contribute to the stability and integrity of agricultural areas, such as lot size and the presence of stable agricultural uses. It also does not recognize that more intensive agricultural uses, such as mushroom farms and pig and poultry farms, do not require high capability agricultural soils. The Policy Statements should therefore provide for 'prime agricultural area' to be defined on the basis of an alternative land evaluation system approved by the Ministry of Agriculture, Food and Rural Affairs. 2.3.2.4 The PPS would permit an area for a non - agricultural use to be excluded from a prime agricultural area provided that there is a demonstrated need for additional land to be designated to accommodate the proposed use, there are no reasonable alternatives which avoid prime agricultural land, and there are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2.3.2.5 The policy in the proposed Policy Statement significantly weakens the protection of prime agricultural lands provided in the CSPS. Prime agricultural lands are under constant pressure to convert to non - agricultural uses. The Provincial Policy Statements should therefore protect such lands for agricultural purposes by specifically discouraging new development outside existing settlement areas. REPORT • PAGE •. 2.3.3 Mineral Resources: Mineral Aggregates, Minerals, Petroleum Resources 2.3.3.1 The policies of the PPS regarding mineral aggregates differ significantly from those of the CSPS. The CSPS protects pits and quarries from incompatible activities. However, the PPS would protect mineral aggregate operations from activities that would preclude their expansion or continued use or which would be incompatible for reasons of public health, public safety or environmental impact. The definition of 'mineral aggregate operation' in the PPS includes the licensed lands as well as "associated facilities used in the extraction, transport, beneficiation, processing or production of secondary related products." 2.3.3.2 The policies in the Provincial Policy Statements, as currently proposed, would provide mineral aggregate producers with a level of protection that simply cannot be justified. Of particular concern is the provision which would protect mineral resource operations from uses which may preclude their expansion. The term 'expansion' used in this context is vague and ill - defined. The Municipality of Clarington prefers the approach used in the CSPS which requires official plans to identify and protect mineral aggregate resources. 2.3.3.3 The Municipality of Clarington is also concerned with the definition of 'mineral aggregate operation' in the proposed Policy Statements. It is difficult to justify extending the protection provided the actual extraction operation to associated facilities used for the transport, processing or production of secondary related products. In particular, processing or production facilities may be more appropriately located in industrial areas, rather than at the actual extraction site. As well, the term ' beneficiation' could be interpreted as any use or activity which could convey a benefit to the aggregate extraction operation. The inclusion of such a vague and III- defined term in the Provincial Policy Statements is inappropriate. W REPORT O PAGE 10 2.3.3.4 The CSPS indicates that non - aggregate land uses or development may be permitted in areas of mineral aggregate resources where extraction is not feasible, the proposed use serves a greater long term interest of the general public and would not significantly preclude or hinder future extraction. However, the PPS states that development which would preclude the establishment of new operations or access to the resources will only be permitted if resource use is not feasible, the proposed land uses or development serves a greater long term provincial interest, and public health, public safety and environmental impact issues are addressed. 2.3.3.5 The Municipality of Clarington is concerned that non - aggregate uses could only be justified if they can be shown to serve a greater long term provincial interest. The requirement to prove provincial interest, rather than public interest as provided for in the CSPS, would place an unreasonable burden of proof on the municipality. This policy is also contrary to the general thrust of the proposed policy statements to empower municipalities to make local decisions that reflect local needs. The reference in the CSPS to 'longer term public interest' should therefore be maintained. 2.3.3.6 The CSPS states that as much of the mineral aggregate resources as is realistically possible in the context of other planning objectives shall be identified and protected from incompatible uses. The PPS, on the other hand, would require that as much of the mineral aggregate resources as is realistically possible in the context of other planning objectives be made available for extraction to supply local, regional and provincial needs, as close to markets as possible. 2.3.3.7 This proposed policy would also appear to interfere with the ability of individual municipalities to make locally responsive decisions regarding 11 REPORT PD-26-96 PAGE 11 aggregate extraction. The term 'be made available for extraction' is vague and poorly defined. Identification and protection in the official plan, as provided for in the CEPS, provides mineral aggregate resource areas with sufficient protection. As well, the term 'as close to markets as possible' is not appropriate in a provincial policy statement. The cost of transporting the aggregate to market, as with all products, is only one of numerous factors considered by approval authorities when dealing with aggregate extraction applications. 2.3.4 Natural Heritage and Water Quality and Quantity 2.3.4.1 The PPS provides for the quality and quantity of ground water and surface water and the function of sensitive ground water recharge /discharge areas, aquifers and headwaters to be maintained or enhanced. This is similar in intent to the policies of the CSPS. 2.3.4.2 The PPS differs from the CSPS in the emphasis that it places on the protection of the natural environment. The CSPS provides for development to be prohibited in a wide range of significant natural features and areas, including significant stream corridors, Areas of Natural and Scientific Interest, significant wildlife habitat, the significant portion of the habitat of endangered and threatened species, and provincially significant wetlands. The PPS would only permit development to be prohibited in these latter two areas. Development would also be permitted in and adjacent to other significant natural features and areas if there is no negative impact on the natural feature or its ecological functions. However, this latter policy would not apply to existing agricultural uses. 2.3.4.3 The proposed Policy Statements still continue to provide a significant level of protection to the natural environment, although the emphasis has shifted iF REPORT away from the ecosystem approach apparent in the CSPS to the protection of individual features and areas and their ecological functions. 2.3.5 Cultural Heritage and Archaeological Resources 2.3.5.1 The PPS provides for significant built heritage resources and cultural heritage landscapes to be conserved. Development may be permitted on lands containing archaeological resources or areas of archaeological potential if significant archaeological resources have been conserved by removal and documentation, or preservation on site. This policy is similar in intent to that of the CSPS. 2.3.6 Public Health and Safety 2.3.6.1 This section replaces part of Section A of the CSPS (Natural Heritage, Environmental Protection, and Hazard Policies). 2.3.6.2 Both the PPS and the CSPS generally direct development away from lands adjacent to Lake Ontario which are subject to flooding, erosion, and /or dynamic beach hazards. Both Policy Statements also permit limited development to occur on lands susceptible to erosion and flooding subject to a number of conditions, such as ensuring safe passage for vehicles and people during emergencies. However, the PPS differs from the CSPS in that it would permit development within certain areas of a dynamic beach, while the CSPS prohibits development anywhere within a dynamic beach. 2.3.6.3 The Municipality of Clarington prefers the approach of the CSPS which prohibits development within all areas identified as a dynamic beach. Such areas are inherently unstable and development should not be encouraged. 13 REPORT 2.3.6.4 Both the PPS and the CSPS generally direct development away from lands adjacent to stream corridors which are subject to flooding and erosion hazards. Both also prohibit development within the floodway (inner portion of a floodplain). The CSPS provides for the application of a one zone floodplain within which new development is prohibited or restricted, and the selective application of a two - zone floodplain, which permits limited development within the floodplain. However, the PPS does not address the zonal concept for floodplains. Rather, it would permit development in a floodplain provided a number of conditions are met. 2.3.6.5 It is Staff's understanding from discussions with the Ministry of Municipal Affairs and Housing that the proposed Policy Statements would allow authorities to apply a one zone or two zone concept to riverine floodplains. The Municipality supports this approach, but recommends that the Policy Statements be reworded to specifically indicate this. 2.4 Implementation /Interpretation 2.4.1 This section is intended to replace Policy G (Interpretation and Implementation) of the CSPS. 2.4.2 As with the CSPS, the PPS requires all applicable provincial policies to be integrated into official plans and to be applied to applications submitted under the Planning Act. One significant difference, as discussed earlier, is that the PPS would only require planning authorities to have regard for the policy statements. As well, the policies in the CSPS that indicate when an environmental impact study is to be prepared and the contents of such a study have not been carried forward in the PPS. 14 REPORT • PD-26-96 PAGE 14 3. CONCLUSION 3.1 The above are the comments of the Municipality of Clarington on the draft Provincial Policy Statements. Staff note that these comments are consistent with the Council adopted Clarington Official Plan. The principles of the draft Policy Statements are reflected in the Council adopted Plan. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development JAS *DC *FW *jip February 20, 1996 Attachments Reviewed by, W. H. Stockwell Chief Administrative Officer No. 1: Draft Provincial Policy Statements 15