HomeMy WebLinkAboutPSD-056-05
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday April 25, 2005
Report #:
PSD-056-05
File #: PLN 1.1.9
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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
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