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HomeMy WebLinkAboutPSD-056-05 ": Cloc#}gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 25, 2005 Report #: PSD-056-05 File #: PLN 1.1.9 Kes#: ({PII-/tS-b~ By-law #: Subject: GREENBELT ACT AND GREENBELT PLAN RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-056-05 be received; and 2. THAT the Minister of Municipal Affairs and Housing be requested to correct the Greenbelt Plan to exclude the lands in the Brookhill Neighbourhood in the Bowmanville Urban Area, save and except for the Maple Grove wetland west of Green Road; 3. THAT the Minister of Municipal Affairs and Housing be requested to appoint a Clarington representative to the Greenbelt Council; 4. THAT all interested parties listed in this report, the Region of Durham, and any delegations be advised of Council's decision. Submitted by: D vid Crome, MCI.P., R.P.P. Director of Planning Services Reviewed bY:O (t;;.~Q <:;" ~ Franklin Wu, Chief Administrative Officer HB*DJC*lb*df April 25, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD.056.05 PAGE 2 1.0 BACKGROUND 1.1 This report provides an overview of the Greenbelt Act, 2005 which became law on February 24, 2005 and the Greenbelt Plan which was released by the Ministry of Municipal Affairs and Housing on February 28, 2005. The Municipality previously commented on the draft legislation and plan in Planning Services Reports PSD-160-04 (December 6,2004) and addendum to PSD -160-04 (January 25,2005). Attachment 1 to this report provides a summary of how Clarington's comments were addressed in the final Greenbelt Plan, 1.2 This report will also provide comments with respect to the Greenbelt Plan and implications to Planning in Clarington. As well, status of applications that were impacted upon by the Greenbelt Protection Act is provided in Attachment 2 to this Report. 2.0 GREENBELT ACT, 2005 2.1 The Greenbelt Act is enabling legislation that allows Provincial Cabinet to designate a Greenbelt Area and establish a Greenbelt Plan. A Greenbelt Area was established through Ontario Regulation 59/05, The Act requires municipal planning decisions to conform to the policies of the Greenbelt Plan. 2.2 The Act and the Regulation include transition provisions related to matters commenced on or after December 16, 2004. All decisions with respect to applications within the Greenbelt Plan area made under the Ontario Planning and Development Act, the Planning Act or the Condominium Act, which were commenced on or after December 16, 2004, must conform to the Plan. Applications, matters or proceedings that commenced prior to December 16, 2004 are not required to conform to the plan, unless prescribed by regulation. The Municipality is seeking a response from the Province on how to address applications received between first reading of the Greenbelt Protection Act (December 16, 2003) and when the Act received Royal Assent (June 23, 2004). 3.0 GREENBELT PLAN 3.1 The Plan is intended to build upon the policy framework of the Provincial Policy Statement, and provides a vital counterpart to the Places to Grow Provincial Initiative. The Plan includes lands within the Niagara Escarpment Plan Area, the Oak Ridges Moraine Area and the Parkway Belt West Plan Area. The policies of these plans continue to apply to these areas. On lands outside these areas, the Plan establishes a "Protected Countryside" designation that sets out the following policy areas; the Agricultural System; the Natural System; and Settlement Areas. The Plan also contains general policies that are applicable to certain types of land uses, such as infrastructure or aggregate extraction, and establishes whether lot creation may be permitled. REPORT NO.: PSO-056-05 PAGE 3 3,2 Aqricultural System The agricultural system is intended to provide continuous and permanent land base necessary to support long-term, viable agricultural production. The Agricultural System includes Prime Agricultural Areas and Rural Areas. It also includes Specialty Crop Areas. none of which are located within Clarington. . Prime Agricultural Areas are areas where Class 1-3 soils predominate. According to the Plan, Prime Agricultural Areas "are those areas designated as such within municipal official plans", This would generally coincide with the Prime Agricultural Area and General Agricultural Area in the Clarington Official Plan. A full range of agricultural, agriculture-related and secondary uses are permitted. Prime agricultural areas cannot be redesignated for non-agricultural uses with the exception of refinements to the prime agricultural and rural area designations or settlement area expansions. . Rural Areas will continue to support a full range of agricultural, agricultural-related and secondary uses. Within Rural Areas opportunities may exist for recreational, tourism, institutional and resource-based commercial and industrial uses. Municipal Official Plans may be more restrictive than the Greenbelt Plan with respect to the types of uses permitted within rural areas. The range of land uses permitled within the Green Space designation of the Clarington Official Plan are very restrictive since the Green Space designation generally corresponds with the Lake Iroquois Shoreline in the Greenbelt. 3.3 Natural Svstem The Natural System is intended to provide a continuous and permanent land base necessary to support human and ecological health in the Greenbelt and beyond. The Natural System policies are intended to protect areas of natural heritage, hydrologic and lor landform features, which support biodiversity and overall ecological integrity. The Natural System is comprised of a Natural Heritage System and a Water Resource System, The Natural System is not a'designation. It functions as an overlay on top of the prime agricultural and/or rural designations. As such, uses permitled within the Prime Agricultural Area and Rural Area designations are subject to constraints of the Natural System. . Natural Heritage System Includes areas with the highest concentration of the most sensitive and/or significant natural features and functions, Key natural heritage features include: significant habitat of endangered species, threatened species and special concern species; fish habitat; wetlands; Life Science ANSls; significant valleylands; significant woodlands; significant wildlife habitat; sand barrens; savannahs and tallgrass prairies; and alvars. . Water Resource System This system is made up of both ground and surface water features and their associated functions. The System contains primary recharge, headwater and discharge areas, together with major drinking water aquifers. Key hydrologic REPORT NO.: PSD-056.05 PAGE 4 features include: permanent and intermittent streams; lakes; seepage areas and springs; and wetlands, . External Connections The Greenbelt Natural System is externally connected to local, regional and broader scale natural systems beyond the limits of the Greenbelt Plan. These external connections are depicted by a dotted green line on the Greenbelt Plan and in Clarington generally identify important river valleys such as the Wilmot Creek. Some of the creeks that flow through Clarington's urban areas have also been identified as external connections such as the Bowmanville and Soper Creeks, the Black and Farewell Creeks, and the Wilmot and Graham Creeks. Municipalities shall encourage improvements to the habitat within these areas when reviewing development applications. In addition to creek valleys, portions of the Lake Iroquois Shoreline that traverse urban areas have been identified as an external connection. Municipalities are encouraged to consider planning, design and construction practices that maintain or where possible enhance the size diversity and connectivity of key natural heritage features and key hydrologic features within the Lake Iroquois Shoreline. 3.4 Settlement Areas Settlement Areas are comprised of TownsNillages and Hamlets. Delineation of the boundaries of TownsNillages and Hamlets are defined by the Municipal Official Plan, Policies of the Official Plan for lands within the boundaries of TownsNillages and Hamlets shall prevail. However, the external connection policies as contained in the Greenbelt Plan are applicable. Although the Greenbelt Plan provides for the consideration of modest settlement area expansions of TownNillages, it must be on municipal water and sewage services. This policy would prevent any future expansion of Orono unless a municipal sewer system was installed, Infill and intensification of Hamlets can be considered. Minor rounding out of Hamlet boundaries are permitted at the time that municipal conformity are undertaken, 3,5 General Policies These policies apply throughout the Protected Countryside of the Greenbelt Plan Area and address specific uses such as; non-agricultural uses, recreation and tourism uses, infrastructure, natural resource uses, cultural heritage resources and existing uses. This section also inciudes policies on lot creation, a) Infrastructure The Greenbelt Plan recognizes that existing infrastructure and new infrastructure will be required within the Protected Countryside. Policies regarding new or expanding infrastructure require that these projects be planned, designed and constructed in a manner that minimizes, wherever possible, negative impacts. REPORT NO.: PSD-056-05 PAGE 5 The Region is close to finalizing the Class EA for the extension of Adelaide Avenue. The work that has been completed to date for this study has had significant regard for the natural features within the study area and would appear to satisfy the requirement of the Greenbelt Plan, b) Aaareaates The Greenbelt Plan states that where a municipality has undertaken a comprehensive aggregate resource management study and implemented the results into the Official Plan, these policies are deemed to conform to this Plan. The extensive work that was completed by staff and consultants in the resolution of Referral #5 to the Clarington Official Plan qualifies as a comprehensive aggregate resource management study and as such Clarington's existing aggregate policies are deemed to conform to the Greenbelt Plan. The Greenbelt Plan requires that the Ministry of Natural Resources establish a maximum disturbed area within aggregate licences. For existing licenses, any excess disturbed area shall be rehabilitated within 10 years from the date of the Greenbelt Plan and within 6 years, 50% of the rehabilitation must be completed. Clarington has a number of licensed extraction operations within the Protected Countryside, Many of these licensed areas are not being actively extracted c) Existina Uses All existing uses lawfully used on the day before the Greenbelt Plan came into force are permitted. Expansions to existing buildings and structures including accessory structures and uses are permitted provided that new municipal services are not required and expansion does not go into a key natural heritage or hydrologic feature unless there is no other alternative. Single detached dwellings are permitted on any vacant lot of record that had zoning to permit this use when the Greenbelt Plan came into effect. d) Lot Creation The Greenbelt Plan prohibits new estate residential subdivisions or the creation of a lot if it extends or promotes strip development. Farm retirement lots are not permitted but severance of a residence surplus to a farming operation as a result of farm consolidation is permitted. Minimum size for creation of an agricultural lot is 40 ha., which is consistent with the Clarington Official Plan, New lots can be created for existing and new agriculture-related uses with the minimum size of these lots determined by the area required to support the use and private services. 3,6 Plan Amendments Amendments to the Greenbelt Plan can only be proposed by the Minister of Municipal Affairs and Housing and are subject to the approval of the Lieutenant Governor in Council. Amendments to the Plan shall not have the effect of reducing the total land REPORT NO.: PSD-056-05 PAGE 6 area of the Greenbelt Plan. A requirement of the legislation is that the Province shall conduct a review of the Greenbelt Plan, in association with the review of the Oak Ridges Moraine Conservation Plan in 10 years. The purpose of this review is to assess the effectiveness of the policies and make amendments if appropriate. At that time, it is anticipated that there will be an amalgamation of the four provincial plans which comprise the Greenbelt. 3.7 Greenbelt Council The Province will be establishing a Greenbelt Council that will: . Consider how implementation of the Plan is proceeding . Provide input and advice on identification and application of performance measures . Help coordinate efforts of municipalities in cross-boundary matters such as trail systems, water resources and agriculture, and . Help shape and/or focus the nature and/or content of the 10 year review of the Greenbelt Plan. 4.0 STAFF COMMENTS 4.1 There are 49,500 ha of land in Clarington (81 %) within the Greenbelt, including lands subject to the Oak Ridges Moraine. This leaves approximately 11,600ha outside of the Greenbelt, including the Urban Areas of Bowmanville, Courtice, Newcastle and Orono. The amount of land identified within the Greenbelt has increased by 770 ha over that which was shown in the draft Greenbelt Plan. Attachment 3 identifies the areas where changes in delineation of the Greenbelt have occurred. Atlachment 3 also identifies that Pickering, Whitby, Ajax and Oshawa have all experienced an increase in the amount of land included within the Protected Countryside in the Final Greenbelt Plan. 4.2 Approximately 150 ha of land within the northwest portion of the Bowmanville Urban Area have been included in the Greenbelt. The Municipality questioned the Province immediately about inclusion of these lands within the Greenbelt. The response from the Province was that these lands were included within the Greenbelt in error advised that at the first opportunity, these lands would be removed from the Greenbelt Area. Until such time as the Province corrects this error, the Province confirmed that Section 5.2.1 of the Greenbelt Plan applies to these lands. This Section of the Plan continues to recognize designated lands, if they were so designated prior to December 16, 2004, and exempts future development applications from the policies of the Greenbelt Plan. REPORT NO.: PSD-056-05 PAGE 7 4,3 Development Applications a) Applications Received Before December 16. 2004 Development applications that were commenced prior to December 16, 2004 are exempt from conformity with the Greenbelt Plan, Attachment 2 to the report lists those applications that were received prior to December 16, 2004. b) Applications Affected bv the Greenbelt Protection Act First reading of the Greenbelt Protection Act was on December 16, 2003. This Act prohibited municipalities from accepting development applications on lands beyond urban settlement areas, that is, they would have "no effect". The Greenbelt Protection Act received royal assent on June 23, 2004. Two applications were received after December 16, 2003. These are identified in Attachment 3 to this report. One of these applications is not located on land within the Protected Countryside and as such the applicant has resubmitted their application. The Municipality has requested the Province to confirm in writing the impact the Greenbelt Protection Act and the Greenbelt Act has on the other application, 4.4 Zonina Investiaations A number of zoning investigations have been initiated in lands which wee "frozen" while the Greenbelt Plan was being prepared. In some cases, the landowners wanted to apply for a rezoning to recognize their land use activity. Municipal practice is not to prosecute landowners when they have an active application. However, in that the Greenbelt Protection Act prohibited municipalities from receiving zoning applications, these investigations were not pursued by By-law Enforcement. With the release of the Greenbelt Plan, Municipal Enforcement can reinitiate investigation, Municipal Law Enforcement will be following up with owners involved in these incidents advising that the use is illegal and shall cease. 4,5 Municipal Conformity Exercise The Official Plan and Zoning By-law must be amended to conform to the policies of the Greenbelt Plan. The conformity amendment can be undertaken when Clarington conducts the statutory review of the Official Plan as required by the Planning Act. Amendments incorporating the provisions of the Greenbelt Plan are subject to appeal to the OMB, The boundary of the Greenbelt Plan is prescribed by Ontario Regulation 59/05 and cannot be altered, revised or adjusted by municipalities, Boundaries of the Prime Agricultural Areas and Rural Areas can be amended during the conformity amendment. However, revisions to the boundaries are intended to be minor in nature, allowing for the rationalization of prime agricultural area and rural area boundaries. REPORT NO.: PSD-056.Q5 PAGE 8 The boundaries of key natural heritage features and key hydrologic features and minimum vegetation protection zones are to be shown in municipal official plans. Detailed delineation of these features and zones can be undertaken by municipalities or conservation authorities when reviewing applications for development. Detailed review of future growth within Hamlets will be required as only one opportunity exists to consider minor rounding out or modest growth of hamlets, and that is during the conformity exercise. The conformity amendment shall include a map of wellhead protection areas and vulnerable areas. This information will be required for the Orono wells and the Springer Springs well. The necessary information required to map these areas will be available from the Region as these are Regional facilities and the Region must also include this information in their conformity amendments. 5.0 CONCLUSION 5.1 The Greenbelt Plan provides a solid basis for protecting prime agricultural lands and natural features for future generations. In conjunction with other provincial initiatives like the Growth Plan, there will be considerable change to the planning system in Ontario that should provide a platform for managing the explosive growth in the Greater Golden Horseshoe. 5.2 The statutory review of the Clarington Official Plan will require incorporation of the Greenbelt Plan policies. However, in that Clarington's rural area policies strongly support agriculture and agricultural activities, it is not anticipated that there will be major changes to the Clarington Official Plan. Attachments: Attachment 1 - Summarization of Clarington's requested changes to the Greenbelt Plan Attachment 2 - Development Applications impacted by the Greenbelt Protection Act and the Greenbelt Act Attachment 3 - Changes to limit of Greenbelt Plan Area Attachment 4 - North Brookhill Neighbourhood List of Interested parties to be notified of Council's decision: Linda Gasser Libby Racansky ATTACHMENT 1 SUMMARIZATION OF CLARINGTON'S REQUESTED CHANGES TO THE GREENBELT PLAN Municipal Comments on Draft Addressed in Comments Greenbelt Plan Final Greenbelt Plan Tightly align Greenbelt around Yes The Greenbelt limit aligns with existing urban centres the north and east boundary of Courtice and the north boundary of Bowmanville. Extend Greenbelt east to include No Dortions of Northumberland Countv Recoanize Orono as a Villaae Yes Permit unserviced industrial areas in No Villaaes and Hamlets Better definition of the south limit of Yes Portions of the Lake Iroquois the Lake Iroquois Shoreline, Shoreline were not included in the draft Greenbelt Plan. The final Greenbelt Plan now includes these areas. Include Provincially Significant Maple Yes This was done, however lands Grove Wetland Complex in not identified as Provincially Greenbelt, including those portions Significant Wetlands within the within the Bowmanville Urban Area, Bowmanville Urban Area have been inadvertently included within the Greenbelt. Provide specific policy direction Yes Section 3.2.5 External connection portions of the Lake Connections encourages the Iroquois Shoreline through Urban features and functions of the Areas Lake Iroquois Shoreline be maintained or enhanced where I Dossible. Future extension of Adelaide Ave No The Province has identified the should be southerly limit of Greenbelt south limit of the Greenbelt to be between Townline and Farewell the north limit of Courtice as Creek depicted in the Clarington Official Plan. As such, the Province has not considered this reauest. Exclude rural cluster of Taunton to No Although the Taunton cluster allow for extension of services and was not excluded from the renewal of the area Greenbelt, Section 4.2.2.5 of the Plan allows the extension of servicing to service existing uses, Municipal Comments on Draft Addressed in Comments Greenbelt Plan Final Greenbelt Plan More targeted action needed to make No aariculture more viable Aggregate Extraction Rehabilitation Yes Polices need to be strenathened Provide modest growth or rounding No There will be no consideration of out of Towns and Villages during rounding out or modest growth conformitv amendment exercise for Orono. Exempt conformity amendments from No Conformity amendments will be appeal to OMB subject to appeal to the OMB. The Province has not identified any funding or support to municipalities if appeals are lodaed. Remove the Cluster of Bond Head Yes from the Greenbelt ATTACHMENT 2 DEVELOPMENT APPLICATIONS IMPACTED BY THE GREENBELT PROTECTION ACT AND GREENBELT ACT Applications Received Prior to December 16, 2004 Application No. Purpose of Location Within Comments and Applicant Application Greenbelt Planning Area COPA 2003-009 Minor rounding Part of Lot 15 Yes Not subject to ZBA 2003-036 out of hamlet of Concession 5 Greenbelt Plan, Mike Riciuto et al Hampton to former Township create 8 new of Darlington Can proceed. residential lots (Ormiston Road) 1559306 Ontario To permit a Part of Lot 20 Yes Not subject to Limited driving range, concession 5 Greenbelt Plan Burt Beckell mini-putt, club (Darlington) COPA house and NE Corner of Can proceed. ZBA accessory uses. Holt and Taunton Roads. Dev 94-061 To zone a 9 hole Part of Lot 3 Yes Not subject to Stonehenge Golf golf course Concession 4 Greenbelt Plan, Course (Crooked former Township Creek) of Darlington Can Proceed, COPA 2003-012 To expand the Part of Lots No Not subject to Ridge Pine Park urban area to 1,2,3, BFC, Greenbelt Plan. Inc. permit residential former Township and commercial of Darlington Can Proceed. development ATTACHMENT 3 DEVELOPMENT APPLICATIONS IMPACTED BY THE GREENBELT PROTECTION ACT AND GREENBELT ACT Applications Received Between December 16, 2003 and June 23, 2004 Application No. Purpose of Location Within Comments and Applicant Application Greenbelt Planning Area COPA 2004-015 Expansion of Part of Lot 26 Yes Further clarification PLN 31.5.2.1 Courtice Urban Concession 3 has been requested Nash Road Area to permit former from the Province. Developments residential Township of Inc. development Darlington (Hancock Road) ZBA 2003-055 Permit a yard Part of Lot 27 No The subject lands Miller Waste composting Concession 1 are not within the Durham Inc. facility. former Protected Township of Countryside. The Darlington 1848 applicant re-filed an Baseline Road application on April 8, 2005. - ATTACHMENT 4 Greenbelt Area Within Durham Region Legend D Durham Region Municipal Boundaries ,..----, L___J Draft Greenbelt Area Final Greenbelt Area W~E s OSHAWA