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HomeMy WebLinkAboutPSD-045-05 Cl!J!Jl1gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, March 29, 2005 Kc'5 Ii ~j}f} /~3-o:; By-law #: Report #: PSD-045-05 File #: PLN 1.1.5.1 Subject: 2005 PROVINCIAL POLICY STATEMENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-045-05 be received for information. Submitted by: Reviewed by: o~-C~ Franklin Wu, Chief Administrative Officer HB/FLldf 18 March 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 688 REPORT NO.: PSD.045..()5 PAGE 2 1.0 BACKGROUND 1.1 In June, 2004 the Province released three discussion papers dealing with planning reform for consultation. They included Planning Act Reform and Implementation Tools; Provincial Policy Statement; and Ontario Municipal Board (OMB) Reform. Reports No. PSD-105-04, and PSD-106-04 dated September 7, 2004 contained staff comments on the draft documents. 1.2 The major issues that the three Planning Reform discussion papers attempt to address are growth and growth management, especially in the GTNGolden Horseshoe Area, Source Water Protection and what the roles of local and provincial decision-making should be. The three discussion papers propose to comprehensively bring together all the reforms proposed by the government for land-use planning; as such, they cannot be read in isolation from other discussion papers and proposed legislation currently under consideration. 1.3 This report will focus on the Provincial Policy Statement reform. The Provincial Policy Statement provides policy direction on matters of provincial interest related to land use planning and development. The policies focus on the key provincial interests related to land use planning. The current Provincial Policy Statement (PPS) was issued in May 1996 and amended February 1997. The Planning Act requires that the PPS to be reviewed every five years. 1.4 On March 1, 2005, a new Provincial Policy Statement came into effect. It replaces the previous Provincial Policy Statement issued in May 1996. All applications, matter or proceedings commenced after March 1, 2005 will be subject to the new PPS policies. 1.5 The policies of the PPS are further articulated in the Growth Plan for the Greater Golden Horseshoe and the Greenbelt Plan. More detailed provincial plans, such as the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan, take precedence over the PPS to the extent of any conflict. 1.6 The purpose of this staff report is to highlight the differences between the previous PPS and the new PPS. In addition, some of the new provincial directions contained in the PPS will require amendments to the Municipality of Clarington's Official Plan. These areas that may need revision to ensure consistency with the PPS are identified in bold italics. It is noted that only the amendments required to address the PPS policy directions are identified. The Greenbelt Plan (approved on February 28, 2005), and the Growth Plan for the Greater Golden Horseshoe, once approved, will also require amendments to the Clarington Official Plan to ensure consistency. 2.0 COMMENTS ON 2005 PROVINCIAL POLICY STATEMENT 2.1 The Provincial Policy Statement addresses: . Legislative Authority . Vision for Ontario's Land Use Planning System 6b9 REPORT NO.: PSD-045-05 PAGE 3 . Policies for Building Strong Communities, Wise Use and Management of Resources and Protecting Public Health and Safety . Implementation and Interpretation . Definitions 2.2 The policy directions build on the framework of the existing PPS. The PPS establishes the provincial interest, from a policy perspective, in the land use planning system in Ontario. The new policy directions have an increasing emphasis on infill and intensification, redevelopment within existing settlement areas, protection of the natural heritage system and natural resources and the protection of the health and safety of people from natural and human-made hazards. The new PPS is more prescriptive and includes several new directions and areas of provincial interest. 2.3 Legislative Authority The Policy Statement is issued under the authority of Section 3 of the Planning Act. This section was amended by Bill 26, Strong Communities Act, 2004, when it received Royal Assent on November 30, 2004. One significant amendment to the Planning Act was to require that all planning decisions must be consistent with the new Provincial Policy Statement. This more stringent requirement is incorporated into the 2005 PPS. Rather than requiring that all planning decisions "have regard for" the Provincial Policy Statement, all planning decisions must "be consistent with" the Provincial Policy Statement. 2.4 Vision for Ontario's Land Use Planning System The Vision provides the context for applying the Provincial Policy Statement. The PPS focuses growth within settlement areas and away from significant or sensitive resources and areas which may pose a risk to public health and safety. Land use is to be carefully managed to accommodate appropriate development to meet the full range of current and future needs, while achieving efficient development patterns. The wise use and sustainable management of the Province's natural heritage resources, water, agricultural lands, mineral resources, and cultural heritage and archaeological resources is a key provincial interest. Development is to be directed away from areas of natural and human-made hazards, where these hazards cannot be mitigated. The principles contained in the 2005 PPS builds upon the three basic principles from the previous PPS. There is increased emphasis on the linkages between strong communities, a healthy environment and a strong economy as they are inextricably linked. 2.5 Policies for Building Strong Communities To build strong communities, policy directions address: . managing and directing land use to achieve efficient development and land use patterns; - - 690 REPORT NO.: PSD-045-05 PAGE 4 . coordinating and integrating planning matters within municipalities or which cross lower, single and/or upper tier municipal boundaries; . employment areas; . housing; . public spaces, parks and open space; . infrastructure and public service facilities; . long-term economic prosperity; and . energy and air quality. a) Managing and directing land use to achieve efficient development and land use patterns In managing and directing land use to achieve efficient development and land use patterns in settlement areas, the policy directions provide increased emphasis on intensification and redevelopment and, if necessary designated growth areas of a time horizon of up to 20 years. New policy directions requirements in this regard are; . improve accessibility for persons with disabilities and the elderly by removing and/or preventing land use barriers which restrict their full participation in society; . identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites and the availability of suitable existing or planned infrastructure and public service facilities. . establish and implement minimum targets for intensification and redevelopment within built-up areas. . establish and implement phasing policies to ensure that specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas. . establish and implement phasing policies to ensure the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs. The Clarington Official Plan will require amendment to ensure that its policies are consistent with the policy directions for managing and directing land uses within the existing settlement areas. Country residential subdivisions are no longer considered a settlement area in the PPS. Amendments to the Official Plan will be required to be consistent with this policy direction. Settlement area boundary expansions will only be permitted at the time of a comprehensive review. In order for such expansions to be permitted it will be necessary to demonstrate that the opportunities for growth are not available through intensification, redevelopment and designated growth areas to accommodate the projected growth, and that the infrastructure and public service facilities which are planned or available are suitable for the development. Boundary expansions are permitted in prime agricultural areas where there are no reasonable alternatives. - 691 REPORT NO.: PSD-045.05 PAGE 5 The Growth Management Section of the Official Plan does not reflect the increased reliance of intensification and redevelopment to accommodate growth that is a strong policy direction of the PPS. The rural areas continue to be the focus of management or use of resources, resource-based recreational activities, limited residential development and other rural land uses. Locally important agricultural and resource areas are to be designated and protected by directing non-related development to areas where it will not constrain these uses. Opportunities are to be retained to locate new or expanding land uses that require separation from other uses and recreational, tourism and other economic opportunities should be promoted. It will be necessary to review the policies and designations in the Clarington Official Plan to determine if the locally important agricultural and resource areas should be designated and protected in accordance with the new policy direction. b) Coordinating and integrating planning matters within municipalities or which cross lower, single andlor upper tier municipal boundaries The PPS is requiring that a coordinated, integrated and comprehensive approach be used when dealing with planning matters. Where planning is conducted by an upper-tier municipality, it is required, in consultation with lower tier municipalities, to identify, coordinate and allocate population, housing and employment projections for lower-tier municipalities. These allocations and projections are to be based on and reflect provincial plans where they exist. Upper-tier municipalities are also responsible for identifying areas where growth will be directed, identifying targets for intensification and redevelopment, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted, identify density targets for areas adjacent to or in proximity to transit corridors, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted and identifying and provide policy direction on matters that cross municipal boundaries. The establishment of growth projections resulting in the allocation of population, housing and employment will have a direct bearing on the future growth of the Municipality and C/arington's portion of growth within the Region. It will be crucial to have a strong supportable position when commenting to the Region on growth projections for C/arington. The current work the Municipality is undertaking with respect to review of development charges and growth projections will provide an excellent background document for this task. c) Employment areas Strong direction is provided in the PPS for the promotion of economic development and competitiveness and the protection and preservation of 692 REPORT NO.: PSD-045.05 PAGE 6 employment areas for current and future uses. The conversion of lands within employment areas to non-employment uses may be permitted through a comprehensive review of the Official Plan, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. The Municipality will be seeking confirmation as to whether this direction of the PPS will have an impact on the A YT development application (COPA 2004-007 and ZBA 2004-055) proposing conversion of lands designated "Light Industrial Area" to permit retail commercial and large format retail uses. d) Housing Planning authorities are required to maintain at all times, the ability to accommodate residential growth for a minimum of 10 years through residential intensification and redevelopment and if necessary, lands which are designated and available for residential development. The planning authority shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by: establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households; establishing development standards for residential intensification, redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. The PPS includes a new definition of "Affordable" that recognizes the significance of regional market areas in the cost of housing. Municipalities must ensure that a portion of the housing market will be affordable within a specific regional market. e) Public spaces, parks and open space Healthy and active communities are to be promoted through the provision of facilities to meet the needs of pedestrians and non-motorized movement, publicly accessible built and natural settings for recreation, provide public access to shoreline and though the consideration of impacts of planning decisions on provincial parks, conservation reserves and conservation areas. f) Infrastructure and public service facilities Municipal sewage services and municipal water services are the preferred form of servicing for settlement areas. Private communal sewage services and private communal water services are promoted in areas where municipal sewage services and municipal water services are not available. Lot creation is only permitted if there is confirmation of sufficient reserve sewage system capacity and reserve water system capacity within municipal sewage services and municipal water services or private communal sewage services and private communal water services. Individual on-site sewage services and individual on- site water services continue to be permitted where municipal sewage and water services are not available, for new development of five or less lots. Partial services will be permitted subject to specific conditions relating to failure. .. 693 REPORT NO.: PSD-045"()5 PAGE 7 The Municipality will be seeking clarification on the requirements regarding private individual servicing of hamlets with the Greenbelt Plan. g) Long-term economic prosperity A new policy direction for the support of long-term economic prosperity is the requirement that opportunities be provided for increased energy generation, supply and conservation, including alternative energy systems and renewable energy systems. h) Energy and air quality Planning authorities are required to support energy efficiency and improved air quality through land use and development patterns. The use of renewable energy systems and alternative energy systems, where feasible, is supported. Alternative energy systems and renewable energy systems are permitted in all areas in accordance with provincial and federal requirements. In rural and prime agricultural areas, these systems are to be designed and constructed to minimize impacts on agricultural operations. It may be appropriate to incorporate policies in the Official Plan regarding the promotion of alternative energy systems and renewable energy systems. Such policies could include locational criteria and setbacks. The development of the proposed energy business park is supported by the long-term economic prosperity and energy and air quality provisions of the PPS. 2.6 Wise Use and Management of Resources The policy directions for the wise use and management of resources address: . natural heritage . water . agriculture . mineral aggregate resources . cultural heritage and archaeology a) Natural heritage Natural features and areas are now to be protected for the long term rather than from incompatible development. A new area, significant coastal wetlands, has been added to the areas in which development and site alteration shall not be permitted. Development and site alteration is not permitted in fish habitat except in accordance with provincial and federal requirements. The increased protection for natural features and areas for the long term should be recognized in the Clarington Official Plan. At the present time, the Objectives in the Natural Environment and Resource Management Section reflect the previous PPS objectives. G~4 REPORT NO.: PSD-045"()5 PAGE 8 b) Water Planning authorities are required to implement planning on a watershed basis. It will be necessary to protect all municipal drinking water supplies and designated vulnerable areas. Development and site alteration is to be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrological functions will be protected, improved or restored. The need to address the protection of the quality and quantity of water more appropriately in the Official Plan has already been acknowledged through discussions relating to the Region of Durham Official Plan Review. An example of the revisions required to satisfy the PPS policy direction is the designation of the well head protection area in Orono and related policies. c) Agriculture Agricultural uses, secondary uses and agriculture-related uses are permitted in agricultural areas. The secondary uses and agriculture-related uses are to be limited in scale, and criteria for these uses are to be included in official plans. The most significant changes relate to lot creation. In prime agricultural areas, farm retirement lots are no longer permitted. However, lot creation will be permitted for agriculture-related uses and for residences surplus to a farming operation as a result of farm consolidations. With the more limited number of permitted uses in prime agricultural areas, it will be necessary to review the uses presently permitted in agricultural areas in the Official Plan such as farmer's retirement lots. The Official Plan encourages the consolidation of farms and the severance of surplus dwellings if the farm parcels are abutting. The PPS does not have a restriction regarding the location of the farm parcels being consolidated. In addition, it will be necessary to consider whether the creation of lots for agriculture-related uses can be supported. d) Mineral aggregate resources In accordance with the new policy directions, it is not necessary to demonstrate need for the mineral aggregate resources, including any type of supply/demand analysis. Additional direction regarding rehabilitation has been added. In this regard, progressive and final rehabilitation is required to accommodate subsequent land uses, to promote land use compatibility, and to recognize the interim nature of extraction. In addition, complete agricultural rehabilitation is not required on prime agricultural lands if extraction is below the water table, other alternatives have been considered and the agricultural rehabilitation in remaining areas is maximized. Portable concrete plants used on public authority have been added to the uses exempted from the need for an official plan amendment, rezoning, or development permit. Consideration should be given to amending the Official Plan to recognize portable concrete plants as a temporary use in accordance with the PPS. 695 REPORT NO.: PSD..()45.05 PAGE 9 e) Cultural heritage and archaeology Policy directions have been added to address adjacent lands to protected heritage property and the mitigative measures that may be required to conserve the heritage attributes of the protected heritage property. 2.7 Protecting Public Health and Safety The policy directions for protecting public health and safety address the following areas: . natural hazards . human-made hazards A new area in which development and site alteration will not be permitted has been added: areas that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard. The implications of this new direction will have to be reviewed with the Conservation Authorities and the appropriate policy revision made. 3.0 PREVIOUS COMMENTS ON THE DRAFT PROVINCIAL POLICY STATEMENT 3.1 In PSD-105-04, staff suggested that the following items either be added or clarified: . Provide clear ability for municipalities to determine the timing of development through the efficient use of existing sunk infrastructure costs. . Provide minimum permeability and maximum coverage of impervious surfaces within the urban area. . Clearly define intensification and account for intensification when determining servicing capacity. . Clearly define waste, biosolids, compost and regulate the application of paper fibre biosolids and other biosolids. . Provide implementation tools for the protection of agricultural lands while fairly compensating farmers. The final Provincial Policy Statement has not addressed, or clarified, any of these items. 4.0 SUMMARY 4.1 The 2005 Provincial Policy Statement builds on the existing policy directions. There is increased emphasis on infill, intensification and redevelopment in existing settlement areas to accommodate expected growth. Corresponding with the stronger growth management policy directions in settlement areas is an increased protection of natural resources including prime agricultural lands. The number of uses permitted in the areas outside of the settlement areas has been reduced. 696 REPORT NO.: PSD-045-05 PAGE 10 4.2 The Clarington Official Plan will require review to identify areas where it will be appropriate to revise or add policy that will ensure that the policies are consistent with the direction of the Provincial Policy Statement. A comprehensive review should also examine the implications of the Provincial Policy Statement, the Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe on the Official Plan policies. 697