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HomeMy WebLinkAboutPSD-049-13 0 REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 9, 2013 Resolution #: dA4- --/.may-law #: N/A Report #: PSD-049-13 File #: PLN 38.6.2.2 Subject: OFFICIAL PLAN REVIEW RELEASE OF THE COUNTRYSIDE DISCUSSION PAPER RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-049-13 be received for information. Submitted by: Reviewed byy_ � avi J. Crome, MCIP, RPP Franklin Wu Director, Planning Services Chief Administrative Officer KK/FL/df 27 August 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-049-13 PAGE 2 1. BACKGROUND 1.1 The Official Plan Review has been broken into several major components including: Main Themes Built Environment and Planning Process; Planning for Prosperity and Growth (Growth Management and Intensification); Planning for the Countryside; and Planning for Sustainable and Healthy Communities. Special Projects Courtice Main Street; Courtice Employment Lands; and Parks, Open Space and Trails. 1.2 Each component follows the same process, beginning with Discussion Papers and finishing with an Official Plan Amendment. Public input and review opportunities are presented as often as possible to ensure that the Official Plan Amendments proposed to Council meet the needs of the community and conform to Provincial Plans and policies. 2. COUNTRYSIDE DISCUSSION PAPER 2.1 The Countryside Discussion Paper was released on August 19, 2013. It reviews the role of the rural area in: food and crop production; hamlets and rural settlements; continuous systems of open space; natural heritage conservation; recreation; and the aggregate resource industry. The top five issues facing the countryside are identified and explored in this Discussion Paper. These are: Agricultural Uses, Major Recreational Uses, Secondary and Accessory Uses, Urban/Rural Fringe and Whitebelt Lands, and Rural Settlements. 2.2 Specific discussion is also provided regarding the Provincial and Local policies that support the protection of the rural countryside. A major part of the Planning for the Countryside component is ensuring that the Clarington Official Plan is in conformity with the Province's Greenbelt Plan policies; Provincial Policy Statement; and Region of Durham's conformity exercise, Amendment 114 to the Regional Official Plan. 3. PUBLIC CONSULTATION 3.1 Four Public Information Sessions were scheduled as follows: Wednesday, August 28, 2013 - Carriage Country Baptist Church (6:30 p.m. - 8:30 p.m.) Friday, September 6, 2013 — Orono Fair (6:30 p.m. - 8:30 p.m.) Saturday, September 7, 2013 — Orono Fair (1:00 p.m - 4:00 p.m.) Wednesday, September 11, 2013 —Tyrone Community Centre (6:30 p.m. - 8:30 p.m.) REPORT NO.: PSD-049-13 PAGE 3 A variety of times were scheduled to provide multiple opportunities, particularly for farmers who are busy at this time of year. 3.2 A notice was sent to all interested parties announcing the release of the Countryside Discussion Paper and the public information sessions. 3.3 The Countryside Discussion Paper is available on the Official Plan Review website http://www.clarington.net/ourplan/. Compact discs of all Discussion Papers are available. The Discussion Papers are available to the public in all Clarington Library branches. The public is encouraged to provide comments. 4. CONCURRENCE - Not Applicable 5. CONCLUSION 5.1 The Countryside Discussion Paper explains the existing policy framework, evaluates the effectiveness of rural and agricultural Official Plan policies in achieving the goals and objectives identified, and recommends sections where existing policy could be improved or further developed. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Faye Langmaid, Manager, Special Projects Attachments: Attachment 1 - Countryside Discussion Paper (Under Separate Cover) Countryside Discussion Paper BMW OFFICIAL PLAN R EVI EW Compass to our ,future Prepared By: MUNICIPALITY OF CLARINGTON PLANNING SERVICES DEPARTMENT August, 2013 This page left intentionally blank, for double-sided printing Table of Contents EXECUTIVE SUMMARY........................................................................................................ 1 1. INTRODUCTION........................................................................................................... 3 1.1 Purpose of the Discussion Paper ...................................................................... 4 2 PLANNING FRAMEWORK............................................................................................ 6 2.1 Land Use Planning............................................................................................. 6 2.2 The Planning Act ............................................................................................... 6 2.2.1 Provincial Policy Statement (PPS)............................................................. 7 2.2.2 Oak Ridges Moraine Protection Act and Conservation Plan .................... 7 2.2.3 Greenbelt Act and Plan............................................................................. 8 2.2.4 Places to Grow Act and Growth Plan for the Greater Golden Horseshoe 8 2.3 Regional and Local Planning Structure ............................................................. 9 2.3.1 The Rural System in the Regional Plan ................................................... 10 2.3.2 The Greenlands System in the Regional Plan ......................................... 10 2.3.3 Watershed Plans..................................................................................... 10 2.3.4 Clarington's Official Plan......................................................................... 11 2.3.5 Relationship to Zoning............................................................................ 12 2.4 Other Provincial Legislation ............................................................................ 12 2.4.1 Farming and Food Production Protection Act........................................ 12 2.4.2 Nutrient Management Act...................................................................... 13 2.4.3 Clean Water Act...................................................................................... 13 2.4.4 Green Energy Act .................................................................................... 14 2.4.5 Aggregate Resources Act ........................................................................ 14 2.4.6 Conservation Authorities Act.................................................................. 14 3. PHYSICAL SETTING .................................................................................................... 16 3.1 Natural Heritage System................................................................................. 17 3.2 Aggregate Extraction....................................................................................... 19 3.3. Agriculture ...................................................................................................... 20 3.4 Rural Settlements ........................................................................................... 22 4. RURAL LAND USE ISSUES .......................................................................................... 24 4.1 Natural Heritage System................................................................................. 24 4.1.1 Open Space System................................................................................. 25 4.2 Agriculture ...................................................................................................... 25 4.2.1 Economic Impact..................................................................................... 26 4.2.2 A Single Agricultural Designation............................................................ 27 4.3 Farms and Farm-related Uses......................................................................... 28 4.3.1 Accessory Farm Uses (Agriculture-Related Uses)................................... 28 4.3.2 Farm-related Industrial and Commercial Uses....................................... 30 4.4 Rural Non-farm Use Policies ........................................................................... 31 4.4.1 Open Space (recreational uses) .............................................................. 31 4.4.2 Golf Courses............................................................................................ 32 4.4.3 Tourism Nodes........................................................................................ 32 4.4.4 Special Policy Area .................................................................................. 33 4.4.5 Gas Stations and/or Gas Bars.................................................................. 34 4.4.6 Other Non-farm, Non-residential Uses................................................... 34 4.5 Rural Consent Policies..................................................................................... 37 4.5.1 Retirement Lots ...................................................................................... 37 4.5.2 Second Dwelling...................................................................................... 37 4.5.3 Surplus Farm Dwellings........................................................................... 38 4.5.4 Severance for Heritage Structures.......................................................... 38 4.6 Other Uses/Issues........................................................................................... 39 4.6.1 Aggregate Extraction............................................................................... 39 4.6.2 Alternative (Renewable) Energy Projects............................................... 40 4.6.3 Infrastructure/Utilities............................................................................ 41 4.6.4 The Greenbelt Legislation ....................................................................... 42 4.6.5 Urban/Rural Fringe and Whitebelt Lands (the 8 percent)...................... 44 4.6.6 Buffers/Setbacks..................................................................................... 46 5. RURAL RESIDENTIAL.................................................................................................. 48 5.1 Rural Settlement Policies................................................................................ 48 5.1.1 Hamlets................................................................................................... 49 5.1.2 Country Residential Subdivisions............................................................ 52 5.1.3 Rural Residential Clusters ....................................................................... 53 5.1.4 Vacant Rural Lots of Record.................................................................... 53 5.2 Orono Employment Area ................................................................................ 54 6. OFFICIAL PLAN POLICY RECOMMENDATIONS .......................................................... 56 6.1 Key Issues for the Countryside........................................................................ 56 6.2 Implementing the Recommendations............................................................ 58 GLOSSARYOF TERMS........................................................................................................ 60 REFERENCES:..................................................................................................................... 64 FIGURES Figure 1— Residential Building Permits in Rural Areas of Clarington, 1994-2012............ 48 Figure 2— Rural Population............................................................................................... 49 Figure 3— Hamlet Households.......................................................................................... 49 Figure 4— Existing Official Plan Map Al Darlington ......................................................... 73 Figure 5— Existing Official Plan Map Al Clarke ................................................................ 74 Figure 6— Proposed for Discussion Map Al Darlington ................................................... 75 Figure 7— Proposed for Discussion Map Al Clarke.......................................................... 76 Figure 8— Greenbelt Schedule.......................................................................................... 77 APPENDICES APPENDIX1....................................................................................................................... 65 What about Secondary Uses in the Countryside?.................................................... 65 APPENDIX2....................................................................................................................... 68 What about Golf Courses?........................................................................................ 68 APPENDIX3....................................................................................................................... 71 Excerpt from "Economic Base and Employment Lands Discussion Paper, July 2, 2010" for the Clarington Official Plan Review................................................ 71 The soil of the Townships of Darlington and Clarke is of very considerable variety, and that fact has had great influence upon what has been produced in the area, whether we regard the forest growth of early days, or the field, or orchard crops of later times. John Squair, 1927, Page 443. EXECUTIVE SUMMARY Clarington's countryside is composed of the agricultural and open space lands, rural settlements and aggregate resources. The natural heritage system weaves its way through these other land uses providing connectivity for flora and fauna. The identification and protection of the resources whether they are agricultural soils, natural heritage or aggregates are the primary goals of land use policies in the countryside. Clarington's rural areas play a significant role in: • Protecting agricultural land for food and crop production; • Identifying a continuous major Open Space System for natural heritage conservation and in some cases recreation; • Supporting hamlets and rural settlements; and • Hosting the aggregate resource industry. Clarington's rural area comprises 88.6 percent of our land base and houses approximately 20 percent of our population; it is also home to one of our top economic priorities, agriculture. The predominance of good soils and growing season, plus the proximity to global markets, supports a prosperous agricultural industry in Clarington. The top five issues identified and explored in this Discussion Paper are: Agricultural Uses — Merging the two tier agricultural designation into a single designation on Map A will protect the resource while allowing farmers to make use of and changes to their lands in response to the agricultural market place. It also means major recreational uses, like golf courses that had previously been allowed on "general" agricultural lands will no longer be allowed. Major Recreational Uses — Major Recreational uses had been restricted from all of the Oak Ridges Moraine (ORM) when Amendments 33 and 34 to Clarington's Official Plan were adopted in 2005. Advances have been made in how certain recreation uses such as golf courses are designed, developed and maintained. At the same time there is a growing demand for major recreational uses in proximity to urban areas and as rehabilitation of aggregate resource areas. The Protected Countryside area of the ORM allows for major recreational uses, Clarington could allow for this type of use by Amendment to the Official Plan. Secondary and Accessory Uses — Agriculture-related accessory uses are allowed as of right on agricultural lands. Secondary uses that are recommended as additions by way of Zoning Bylaw amendment are agri-tourism, RV storage and small-scale landscape industry uses. Other Secondary uses are constrained by the proposed definition in the Countryside Discussion Paper—August 2013 0 Provincial Policy Statement to those that are "agriculture-related". Should a secondary use be proposed that is in-keeping with the decision-making framework outlined in Appendix 1, they should be allowed by amendment to the Official Plan. Urban/Rural Fringe and Whitebelt Lands — The urban separators between Courtice/Bowmanville and Bowmanville/Newcastle plus some lands to the north of Newcastle were not included in the Greenbelt. These lands are some of the highest production agricultural lands in the Province. The challenge for the agricultural community is to have an urban population that respects, understands and supports farming. Additional policies limiting growth through intensification and redevelopment within the urban boundaries, plus the imposition of firm boundaries for urban areas will be included as part of growth management policies. No urban expansions are recommended as part of this Official Plan Review and additional "tests" are proposed to help retain the urban separator agricultural lands. Rural Settlements — The rural population is declining as a percentage of the overall population of Clarington and will continue to. Opportunities for housing development in the countryside have been and will continue to be very constrained. There is opportunity for limited minor rounding out of hamlets in the Greenbelt as part of this Official Plan Review. Clarington's Official Plan when adopted in 1996 set new standards for environmental protection and limited residential development in the countryside, focusing development on the urban areas and setting out a vision that the rural areas are to remain rural. For the most part the policies have been successful in achieving this overall vision and moving Clarington towards sustainability. This Official Plan Review takes that established policy basis and proposes further refinements that will assist the agricultural community to continue as the economic engine for Clarington. �.447 ! 'ti.s Countryside Discussion Paper—August 2013 2 Section 1 Introduction 1 . INTRODUCTION Land use planning is central to the way we live and work, our quality of life and ultimately to our sustainability on this planet. The major focus of the Background Papers leading up to Clarington's first comprehensive Official Plan in 1996 was the question of "how to become a sustainable community". Fifteen+ years later the basic premise that "community growth and development must be placed on a more sustainable basis" resonates even more. In undertaking the Official Plan Review we have looked back to see if the three key principles set out in the 1996 Official Plan served the Municipality well. The principles of Sustainable Development, Healthy Communities and Growth Management have effectively guided planning decisions. In the community meetings, held in June 2008, those attending confirmed that we need to further build upon and strengthen these principles and act on them to a greater degree. The responsibility and impacts of one generation on future generations, and the interdependencies between our social, economic and ecological systems is the premise upon which the concept of sustainable development is founded. Thus, decision-making is the delicate balance between numerous competing and ever-changing factors with a long-term view. Our social, economic and environmental systems are interconnected. Decision-making regarding these competing interests must be balanced in order to achieve sustainable development for our generation and future generations. The Province's vision for land use planning in Ontario is set out in the Provincial Policy Statement, 2005 (currently under review). The vision seeks to focus growth within settlement areas and away from significant or sensitive resources. It also promotes the conservation of natural heritage resources, water, agricultural lands, aggregate resources, and cultural heritage. Resources are to be managed in a sustainable way to protect essential ecological processes, while minimizing environmental and social impacts, and meeting long-term needs. The current Official Plan took a strong stance on protection of the Oak Ridges Moraine, natural features are the Lake Iroquois Beach landform. The Natural Environment and Resource Management Section (Chapter 4) of the Official Plan provides the basis for watershed planning and the protection of ecological functions. Aggregate Extraction, which had priority, was balanced with other considerations such as significant woodlands and the protection of areas such as Ganaraska and Long Sault Forests. The Oak Ridges Moraine Conservation Plan, 2002 and the Greenbelt Plan, 2005 strengthened the foundation for environmental conservation policies that were already present in the Clarington Official Plan. Because many of the policies are already present within the Official Plan; the review of the policies that affect the countryside is a technical exercise to determine conformity with Provincial legislation, and to simplify for a more user friendly Official Plan. Countryside Discussion Paper—August 2013 0 1.1 Purpose of the Discussion Paper This Discussion Paper examines Clarington's countryside, providing an evaluation of the effectiveness of rural and agricultural Official Plan policies in achieving the goals and objectives identified; it is being released after the Natural Heritage Discussion Paper. The Natural Heritage System (NHS) is the framework for sustainability of the natural environment. Other aspects of land use planning "On a clear day, over one-third of designations fit into the NHS. The NHS, agricultural and rural Canada's best agricultural land polices work hand-in-hand to protect and conserve the can be seen from the top of countryside while allowing for compatible development. Toronto's CN Tower." The Official Plan brings together the natural environment, Source: (Statistics Canada, 1999) economy and social aspects as a balanced whole. The countryside is made up of two major components: agricultural lands and the Open Space System. The natural heritage system weaves its way through other land uses and provides the connectivity flora and fauna require to stay healthy and sustainable. The identification and protection of the natural heritage system, plus the countryside with its agriculture land, aggregate resources and settlement areas add to Clarington's quality of life and economic prosperity. The term countryside is commonly used to describe the non-urban areas of Clarington. Protected Countryside has a specific meaning within the context of the Greenbelt Plan, which is addressed as part of this Discussion Paper and noted as Protected Countryside. Clarington's rural areas play a significant role in: • Protecting agricultural land for food and crop production; • Identifying a continuous major Open Space System for natural heritage conservation and in some cases recreation; • Supporting hamlets and rural settlements; and • Hosting the aggregate resource industry. Clarington's rural area comprises 88.6 percent of our land base and houses approximately 20 percent of our population; it is also home to one of our top economic priorities, agriculture. The predominance of good soils and growing season, plus the proximity to global markets, supports a prosperous agricultural industry in Clarington. Countryside Discussion Paper—August 2013 4 Clarington's location on the eastern edge of ,Agriculture across the GTAH (Greater Toronto the Greater Toronto Area (GTA) creates both and Hamilton) continues to show high levels of challenges and opportunities for our productivity as measured by gross farm agricultural industry. Development pressures receipts per acre. In 2006, agriculture across pose a constant threat to the stability and the GTA averaged $998 per acre compared to sustainability of agriculture in the urban $776 per acre at the provincial level." shadow, issues include farmland fragmentation and the difficulty of operating Source: Greater Toronto Countryside Mayors as an agricultural enterprise in near urban Alliance, Phase Two Report, Nov. 2012, page areas. However, easy access to major 11. transportation routes and global markets also offers opportunities for the growth of Clarington's agricultural industry. The development of secondary agricultural uses, such as agri-tourism and on-farm processing, have potential to improve the viability of farm operations. Another important contribution of the Municipality's countryside is its role as urban separators. Large stretches of open land between urban areas help to contain urban sprawl and reinforce community identity by breaking the monotony of continuous urban development. The two urban separators in Clarington are located between Courtice and Bowmanville, and Bowmanville and Newcastle. These urban separators are constantly under pressure from development interests; however, they possess some of the most productive, high quality farmland in Ontario. Protection for agricultural lands becomes even more critical if one considers a statistic from a recent Guelph University Farm Preservation Project which "Protecting farmland helps to preserve a states that only 11 percent of Canada's land productive land base for the agricultural can support agricultural production. One of economy, preserve the amenity values of open the questions that will be addressed in this space and rural character, slow suburban Discussion Paper is how can these urban sprawl, provide wildlife habitat, and provide an separators be reinforced to ensure their opportunity for groundwater recharge in areas profitability as agriculture production areas for where suburban development is occurring." the long-term? Source: Ontario Farmland Trust (http://www.ontctriofctrmlandtrust.ccilresources /saving-farmland) Countryside Discussion Paper—August 2013 5 Section Z Planning Framework PLANNING FRAMEWORK The countryside of Clarington is affected by both bio-physical aspects and the legislation that governs activities that occur upon it. First and foremost among the legislative framework are the Acts that create and affect land uses. These Acts are the basis of the planning framework. However, as in all endeavors there are other pieces of legislation that affect how an enterprise, such as agriculture is carried out on a daily basis, the major Provincial Acts influencing how farmers operate their businesses are addressed later in this chapter. Additional forces and influences, such as the federal regulations, world health organization initiatives and global market place, are well beyond the controls that can be implemented through land use planning policies; however, they too play a role in the economic viability and ultimately the sustainability of the countryside. 2.1 Land Use Planning Land Use planning in Ontario is a hierarchical layered set of policies and procedures. There are many pieces of legislation which in some manner, affect land use planning or employ land use planning controls to achieve health and safety, environmental and economic priorities. It is important to understand how Provincial Planning impacts the way in which Clarington is able to determine rural land uses. Places r • Durham Region I f [ I Official Plan Clarington Official Plan 1 2.2 The Planning Act Many of the regulations in the Planning Act are designed to facilitate the processes necessary to divide and develop land. The Planning Act also sets out the criteria for Official Plans and the overall framework of how balance is to be achieved between the competing interests of different land uses. Essentially the Planning Act is the rule book for how the over-arching policy requirements and processes are to be employed to achieve the goals and objectives of the Provincial Policy Statement (PPS). Countryside Discussion Paper—August 2013 6 2.2.1 Provincial Policy Statement (PPS) ®Ontario Rural areas are intended to be the focus of resource activity, resource- based recreational activity and other rural land uses. As such, the PPS places a substantial emphasis on the protection of prime agricultural areas, . Provincial aggregate resources (mineral aggregates, minerals and petroleum), natural P0I1Cy heritage features, water resources, cultural heritage resources and Statement archaeology sites. Agriculture policies in the PPS are quite simple, prime agricultural areas shall be protected for long term use of agriculture (PPS 2.3.1). The permitted uses of prime agricultural areas are agricultural uses and secondary uses defined as agricultural related uses. The Provincial Policy Statement is Rural areas are recognized as having interdependent currently under review. One of the markets contributing to the economy in addition to proposed changes in the 2012 review of being an important asset to our environment and the PPS is greater clarity surrounding quality of life. The proposed new Provincial policy secondary uses on agricultural lands. The defining secondary uses as agriculture-related clarification lies in the definition of strengthens agricultural activities in the rural areas. The secondary uses as "agricultural-related Municipality recognizes the need to protect the viability uses, on-farm diversified uses and normal of agricultural practices and welcomes the clarification farm practices". The Municipality supports of secondary uses proposed in the 2012 PPS review this clarification of secondary uses as it provides. promotes the protection and vitality of Source: Staff Report PSD-050-12 farm operations. 2.2.2 Oak Ridges Moraine Protection Act and Conservation Plan The Oak Ridges Moraine is an environmentally sensitive, geological landform in south central Ontario which covers 190,000 hectares and is one of Ontario's most significant landforms. The Province of Ontario has recognized the special qualities of the moraine through the passage of the Oak Ridges Moraine Protection Act, 2001 and the Oak Ridges Moraine (ORM) Conservation Plan in 2002. The Oak Ridges Moraine Conservation Plan provided land use and resource management planning direction to all levels of government and agencies involved in administering the ecological and hydrological features and functions of the Moraine. The Municipality of Clarington, as per the direction set out in the ORM Conservation Plan brought its Official Plan into conformity with this legislation in June 2005. Countryside Discussion Paper—August 2013 0 2.2.3 Greenbelt Act and Plan The Greenbelt Act and Plan, 2005 identified where the Province of Ontario wants urbanization to not occur, at the same time it provided protection of the agricultural land base and ecological features and functions in the countryside (the Protected Countryside in the Greenbelt Plan). The Greenbelt Plan focuses on the Greater Golden Horseshoe of which the Greater "The overall vision for the Greenbelt Plan is " T ;,► +`° "+� protect[ion] against the loss and fragmentation Toronto Area (GTA) is a component. , of the agricultural land base and supports Clarington is the agriculture as the predominant land use" eastern most municipality of the GTA. The Source: Greenbelt Plan-Introduction Greenbelt Plan contains policies that impact the use of land in the Protected Countryside and provides protection for agricultural operations and the natural heritage system. The Official Plan Review intends to bring Clarington's Official Plan policies into conformity with the Greenbelt Plan. One of the anomalies created by the Greenbelt, which also encompasses the Oak Ridges Moraine, is the area between the Greenbelt boundary and the designated urban boundary. These lands are often referred to as the "whitebelt" area. While Clarington has 81 percent of its land area covered by the Greenbelt, 8 percent of the lands are whitebelt, with the remaining 11 percent being urban areas. These whitebelt lands are located between Courtice and Bowmanville, and Bowmanville and Newcastle -- the urban separators mentioned in the introduction of this paper. In addition, there are also some whitebelt areas north of Newcastle. 2.2.4 Places to Grow Act and Growth Plan for the Greater Golden Horseshoe Places to Grow Act, 2005 provides the framework for growth planning in the Greater Toronto and Golden Horseshoe Area. Its main policies require intensification of the existing urban areas and build-out of the urban areas prior to any expansion into the "whitebelt" lands. The whitebelt lands are not protected by the policies of the Greenbelt Plan. Proximity to the urban areas means that many view the whitebelt as the logical extension of the urban areas; however the Provincial Growth Plan, enforced by the Places ' to Grow Act, sets out density targets for the urban areas. This in y effect, reduces the land area required for development and restricts the expansion of urban areas until a number of tests have been applied and proven. In Clarington, these tests mean that there will be no urban boundary expansions as a result of this comprehensive review of the Official Plan beyond what has already Countryside Discussion Paper—August 2013 g been approved as part of Durham Region's Growth Plan conformity exercise enacted by the Ontario Municipal Board (OMB) in January 2013. The whitebelt lands are not necessarily destined to become urban lands. It is up to local and regional decision makers to plan for and determine the future use of these lands. It is this tricky and complicated balancing of many interests, economic viability and environmental protection to achieve overall sustainability that makes land use planning in the countryside challenging. 2.3 Regional and Local Planning Structure In 1974 the Provincial Government changed the County, Township and separated Towns land use planning regime in future growth areas in Ontario. The development of the Regional planning system substantially altered the way land use planning policy was carried out in Ontario. Clarington, more particularly the two former townships of Clarke and Darlington, the separate urban areas of the Town of Bowmanville and Village of Newcastle became a single lower tier municipality within the Region of Durham, the upper tier. Overall land use guidance in the form of a Regional Official Plan was one of the responsibilities assigned to the upper tier. The Region of Durham developed a Regional Official Plan which came into force in 1978; the overall structure established at that time continues to be the basis of the current plan; although many of the policies have been revised. The Durham Regional Official Plan (DROP) is the principal planning document guiding land use for the Region of Durham. Clarington's Official Plan must be in conformity with the Region's, however; it is more specific and focused on Clarington's unique physical characteristics, socio-economic and planning objectives. The Region's Official Plan sets out: • Urban System including distinct urban areas defined by fixed urban boundaries, which include Centres and Corridors, Living Areas and Employment Areas; • Rural System including rural settlements and nodes; large tracts of land protected for agricultural purposes; and Aggregate Resource Extraction Areas; • Greenlands System including a continuous greenlands system consisting of Major Open Space (protected environmentally sensitive areas, valley lands, significant natural features and some agriculture), the Oak Ridges Moraine and Waterfront Areas; and • Transportation System including an inter-connected transportation system consisting of all modes of transportation and designating where major infrastructure in the form of roads, transit, rail, harbour and airport facilities will be located. Countryside Discussion Paper—August 2013 g 2.3.1 The Rural System in the Regional Plan The Rural System constitutes lands where the primary activities are agricultural operations and resource management and where the agricultural character of the landscape is to be preserved. Designations within the Rural System include: Prime Agricultural Areas, Rural Settlement, Regional Nodes and Aggregate Resource Extraction Areas. Lands that are within the Rural System are generally intended to be preserved in large measure so that they will always form part of Durham's landscape and scenery. Overall goals for the rural area within Durham are: • To protect and maintain agricultural land for food production for future generations, and to support a healthy and productive agricultural industry; • To maintain the distinction between the character of urban and rural areas; and • To identify, manage and protect significant features and resources of the natural environment in an orderly, efficient and responsible manner. 2.3.2 The Greenlands System in the Regional Plan The Greenlands System incorporates connected natural areas and open spaces to preserve the more sensitive parts of the natural environment. Designations within the Greenland System are Major Open Space Areas, Oak Ridges Moraine and Waterfront. Environmentally Sensitive Areas are included as an overlay within the Greenland System and includes land and water areas that contain significant natural features or ecological functions to warrant their identification and protection. Lands that are within the Greenlands System are to be maintained in their current form and extent, with as little disruption or encroachment as possible, and with the concept of landscape permanence. The Greenlands System includes natural features that connect the urban and rural systems. The Region of Durham Official Plan was brought into conformity with the Greenbelt Act and Plan by Amendment 114, in 2006. 2.3.3 Watershed Plans Watershed planning is a requirement in the ORM and Greenbelt Plans. Watershed Plans are also endorsed by the policies of the Regional Official Plan and existing Clarington Official Plan. The Conservation Authorities play a significant role in the preparation of watershed plans because of the baseline information and data they compile on an ongoing basis about the watershed. Watershed Plans and sub-watershed plans typically are the basis of Secondary Plans which provide the urban land use planning framework at a local level. The 1996 Clarington Official Plan highlighted the need for planning on a watershed basis. Countryside Discussion Paper—August 2013 10 The goal of watershed planning is to provide a framework to protect, maintain and restore a healthy natural ecosystem (e.g. the natural heritage system). A watershed plan recommends how water resources are to be protected and improved as land uses change, and allows for smaller sub-watershed or site management plans. A watershed plan can be initiated by any individual, group, provincial ministry, municipality, or conservation authority for a variety of reasons, such as: • Future resource extraction threatening water or related In the countryside, the primary resources; challenge will be to manage • Future urban development; flows and restore a balanced • Environmentally sensitive watershed conditions; or flow regime to rivers, creeks • Rehabilitation of watersheds. and their tributaries. By managing flows, the root A watershed plan often contains the following information: causes of many of the environmental problems that • Watershed management strategy; afflict the watershed such as • Identification of form and function of natural systems; ongoing flooding and erosion, • Relationship of watershed plan to sub-watershed plans; poor water quality, and • Watershed issues; deteriorating aquatic and terrestrial communities can be • Plan recommendations; and addressed. • Implementation plans. Watershed Plans for all of the major streams and valley systems in Clarington have been prepared by the Conservation Authorities and used as background information for this Official Plan Review. 2.3.4 Clarington's Official Plan Clarington's Official Plan for the countryside is a combination of Agricultural Areas which have the natural system woven through them; and other Open Space System lands that make up the majority of the countryside. Additional elements of the countryside are settlement areas, aggregate extraction areas and infrastructure (e.g. transportation) and utilities. The Open Space System is composed of a number of elements including environmental protection areas which are more fully explored in the Natural Heritage Discussion Paper; and the ORM natural core and linkages areas plus the green space lands and waterfront greenway. Figures 4 and 5, pages 73 and 74 are the Existing Official Plan Land Use Maps for Darlington and Clarke. The basis of the existing Official Plan is the natural heritage system which is composed of the valley systems and other natural heritage features and functions. All other land uses fit around the natural heritage system. Clarington's existing Official Plan has already been brought into Countryside Discussion Paper—August 2013 0 conformity with the Oak Ridges Moraine Conservation Plan and includes many of the elements of the Greenbelt Plan; however, there are policy adjustments required to bring the Official Plan into conformity, these are explored in Sections 4 and 5 of this Discussion Paper. 2.3.5 Relationship to Zoning Zoning By-laws are the site specific implementation of the policies outlined in the Official Plan. The Official Plan policies are the enabling legislation and the zoning by-laws are the regulations of what can occur on individual property parcels. As part of the Official Plan Review, there is a continual checking of the existing zoning by-laws in relationship to the policies being proposed. In addition, as part of the review, other implementation tools such as Community Improvement Plans, Corridor studies, Secondary Plans, and other existing regulatory by-laws (e.g. site plan and site alteration) may be affected or employed to achieve the proposed policies. Once the Official Plan amendments are adopted, they will be implemented through updates to the Zoning By-law(s) and other implementing tools. 2.4 Other Provincial Legislation There are many other Provincial Acts that influence the policies of the local Official Plan with regard to the countryside; these are taken into consideration as the policies are being reviewed. The following summarized Acts while not specifically related to land use affect the way in which activities and operations are carried out in the countryside, thus they influence land use policy. 2.4.1 Farming and Food Production Protection Act The Farming and Food Production Protection Act, 1998 was enacted to protect farmers employing normal farm practices from nuisance court actions over agricultural odours, noises, dusts, etc. Ontario is not alone in providing nuisance protection to its farmers. However; because a farmers right to farm is protected does not mean that there are not conflicts at the rural/urban fringe; defense against a claim can be a costly and time consuming. Many in the agricultural community believe that setbacks and buffers keeping non-farm uses and < residences away from prime agricultural operations should apply. The Farming and Food Production Protection Act is not a license to pollute. Every farm activity, particularly those affecting water, land or wildlife, involves legal obligations including setbacks. To benefit from the limited protection of the Farming and Food Production Protection Act 1998, farmers Countryside Discussion Paper—August 2013 12 must be in full compliance with the Environmental Protection Act 1990, the Ontario Water Resources Act 1990, the Pesticides Act, 1990 and the Health Protection and Promotions Act 1990. In addition, they must comply with numerous other provincial laws as well as relevant municipal by- laws. Farmers demonstrate their commitment to environmental responsibility through their support of Environmental Farm Plans, Grower Pesticide Certification and Nutrient Management Plans. Under the common law of nuisance, a person may be found guilty for creating odours, noises, dusts, etc. that interfere with their neighbours right to the full enjoyment of their property. A nuisance occurs when one person uses their property in a way that interferes with another's enjoyment of their property. Farmers facing nuisance complaints over agricultural odour, noise, dust, light, vibration, smoke or flies have limited protection under the Farming and Food Production Protection Act. 2.4.2 Nutrient Management Act The Nutrient Management Act, 2002 was designed to reduce the potential for contamination of water and other natural resources by some agricultural practices. The Act requires that Ontario's farmers use nutrients wisely so that nutrients such as nitrogen, phosphorus and potassium will have minimal impact on the environment. The Nutrient Management Act establishes the framework for best practices in nutrient management (particularly in managing manure) and creates standards which give best management practices the force of law. The Act also provides standards for how nutrients are stored and how/when nutrients are applied to farmland, so that the likelihood of ground or surface water contamination can be reduced. Non agricultural source material (NASM) that benefit the nutrient levels in the soil are available and can be used to supplement on-farm sources providing they are part of an overall nutrient management plan. The spreading of sewage biosolids is a permitted activity providing it is part of a NASM Plan and nutrient management strategy. 2.4.3 Clean Water Act 1 F The Clean Water Act, 2006 is legislation designed to protect the existing 00 0 and future sources of drinking water in the Province of Ontario. It has set out the process to establish Source Water Protection Authorities across Ontario. Clarington falls within the Trent River Source Water Protection Authority for the lands within the Ganaraska and Kawartha Region Conservation Authority jurisdictions (most of the former Clarke =_- Township) and the CTC (Credit Valley, Toronto and Central Lake Ontario) Source Water Protection Authority for the lands within the Central Lake Countryside Discussion Paper—August 2013 13 Ontario Conservation Authority jurisdiction (most of the former Darlington Township). Once the results of the Source Water Protection Authority studies and plans are complete the Municipality will be required to bring its Official Plan into conformity with the policies and regulations set out in these documents. In general, the over-arching policies required to bring Clarington's Official Plan into conformity with the Clean Water Act for the most part already exist in some form as part of the existing policies. The areas that will require additional policy protection are well-head and water plant intake protection zones. 2.4.4 Green Energy Act Ontario's Green Energy Act, 2009 was created to expand renewable energy generation, encourage energy conservation and promote the creation of clean energy jobs. The Green Energy Act treats renewable energy projects by private proponents in a similar manner to the exemption provided by the Electricity Act for Hydro One and Ontario Power Generation projects; they are exempt from land use planning controls but must meet the requirements of the Environmental Assessment Act and obtain the approval of the Ministry of Environment. Renewable energy projects are allowed in any land use designation provided the conditions set out in the Green Energy Act and Renewable Energy Applications are adhered to, the proponent must have an approved contract to feed into the electrical grid from the Ontario Power Authority. Recent changes to the Renewable Energy Applications process have provided some opportunity for municipalities to have input into the siting of renewable energy projects. 2.4.5 Aggregate Resources Act The provincial Aggregate Resources Act introduced in 1990 provides for the regulation and management of aggregate resources and their extraction in Ontario. Aggregate resources are defined by the Act as gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, and rock. The Aggregate Resources Act requires the minimization of adverse environmental impacts from aggregate operations, as well as the rehabilitation of excavated lands. Underground aggregate mining and the extraction of materials other than those identified as Aggregate Resources in the Act are regulated under the Mining Act. 2.4.6 Conservation Authorities Act The Conservation Authorities Act(1990) sets out protocols for the establishment and governance of conservation authorities (CA) in Ontario. Conservation authorities were established to address environmental damage, erosion and flooding within watershed areas. The Act gives CAs the power Countryside Discussion Paper—August 2013 14 to put certain regulations in place in their jurisdiction, subject to approval of the Minister of Natural Resources, such as prohibiting, regulating or requiring the permission of the Authority for development if the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development; or for interference in any way with the existing channel of a river, creek, stream, watercourse, or wetland. The Development, Interference with Wetlands & Alternations to Shorelines and Watercourses Regulation, made under the Conservation Authorities Act, affects what and where a Conservation Authority (CA) can regulate. Ontario Regulation 42/06 requires technical reviews and permits for development proposals involving activities adjacent to watercourse, wetlands, shorelines and hazard lands, as well as any activity that causes interference with a watercourse or wetland. Permissions are only granted if in the opinion of the CA staff there will not be an adverse effect on the control of flooding, erosion, dynamic beaches or the pollution or conservation of land. Under the Act, CAs may have the authority to enter onto private property without the consent of the owner and without a warrant for the purpose of considering requests related to these regulations, or to enforce a regulation where the authority has reasonable grounds to believe that a contravention of the regulation is causing or likely to cause significant environmental damage and that the entry is required to prevent or reduce the damage. Countryside Discussion Paper—August 2013 15 Section 3 Physical Setting 3. PHYSICAL SETTING The Clarington landscape was created by the glacial actions of the late Pleistocene period. The predominant features of the landscape include, the Oak Ridges Moraine along the northern limit of Clarington plus the Lake Iroquois Beach Shoreline that skirts the northern urban limits of Courtice, Bowmanville and Newcastle and includes the southern portion of Orono. Both of these features are remnants of the ice age. The numerous creeks that have carved their paths and valleys through the glacial till and overburden generally run from the heights of the Oak Ridges Moraine to the Lake Ontario waterfront. Many of these streams emerge as seeps and springs in the former Lake Iroquois beach landform and former shoreline edges and then submerge below the sands to reappear further to the south, some creeks have their headwaters in the Lake Iroquois Beach shoreline. Clarington inherited a rich landscape of hills and valleys and varied soils that provide a wealth of plant cover from the glacial period. When Europeans began to settle in Clarington in the late 1700's, they found a land abundant with dense forests. In 1792, Lieutenant Governor Simcoe established the original townships of Clarke and Darlington. The Townships Lot and Concession grid pattern are a manmade imposition of "order" over the natural landscape. Forestry was a major industry in the early 191h century; however, it soon gave way to agriculture. Today, Clarington's countryside is a product of the glacial soil deposits and subsequent plant growth, and of man's intervention in the form of surveying, forestry and farming. Over the past two hundred years the countryside has evolved; the numerous visible changes occurring in the urban environment are not as evident in the countryside. However, the countryside is continually changing and evolving. Inherently many rural residents understand these changes as necessary to maintain a productive working landscape (e.g. agriculture, forestry, aggregate extraction). The introduction of policies without understanding the constraints they impose and/or the introduction of uses without understanding how they will enhance or detract from maintaining the countryside as a working and productive place could mean that the qualities and characteristics many wish to protect could be easily lost. The resources of the countryside have to be carefully considered and managed sustainably. The countryside is composed of the natural heritage system, aggregate extraction, agriculture and rural settlements. Each of these distinct landscapes is described in the following paragraphs. Countryside Discussion Paper—August 2013 16 Natural Heritage System Natural heritage includes geological features and landforms, terrestrial and aquatic ecosystems; plant species, populations and communities; and all native animal species, their habitats and sustaining environment. It is a term used across North America and has been adopted by the Ontario Government for use in Provincial Policy Statement and land use Plans. While the term simply means the nature we have inherited, the definition essentially describes ecosystems and the geological landforms that support them. A fulsome discussion on the natural heritage system, its importance, identification and definition is contained in the Natural Heritage Systems Discussion Paper released in April 2013. When the settlers arrived, the majority of Clarington was forested. Today, forest covers 28.9 percent of Clarington which is slightly below the 30 percent recommended target established by the Durham Region Official Plan. The recommendations of the Natural Heritage Systems Discussion Paper are that the retention of forests and woodlots adjacent to valleylands and stream corridors, plus the regeneration of areas will maintain strong linkages across the landscape. The distribution of forest cover in Clarington is skewed towards the north end of the Municipality on the Oak Ridges Moraine, which has the benefit of helping with water retention and maintains the health of stream headwaters originating on the Moraine. The Ganaraska and Long Sault Forests having no comparators in the southern portions of the Municipality, where forest cover is sparse except for narrow corridors along stream valleys, resulting in poor connectivity and lower capacity to support wildlife populations. Streams originating in the Lake Iroquois Beach shoreline are challenged to maintain water levels and sustain fish species. Wetlands cover 8.7 percent of Clarington's total land area. The Natural Heritage Systems Discussion Paper suggests that 10 percent or more should be wetland. However, the amount of wetland in a given area is, to a large degree, based on soil types and precipitation patterns. A recent study (Ducks Unlimited, 2010) notes that for Durham Region, the pre-settlement wetland cover was 12.6 percent and that by 2002 this had decreased to 7.8 percent. Some of this loss undoubtedly occurred in Clarington, as the draining of wetlands was a common practice in agricultural and urban areas. Agriculture and wetlands continue to compete for the same lands, as such, when opportunities arise to restore the remaining wetlands, they should be encouraged. Most of the wetlands in Clarington are composed of forest swamp as would have likely been the case historically. Large wetlands include the marshes along the Lake Ontario shoreline, and the seeps/springs along the Lake Iroquois Beach Shoreline. Most have been identified as Provincially Significant Wetlands and have protection through Provincial Policy. Countryside Discussion Paper—August 2013 17 PINK mz Photo looking north-easterly toward the Bondhead Bluffs from Lake Ontario. Photo courtesy of GRCA. Beach and bluff habitats are created by very specific conditions, the presence of which dictates the natural cover and distribution of these native ecosystems. In Clarington the cover figure for these is only 67.6 ha, or 0.11 percent of the Municipality. In general the native beach vegetation communities are not suitable for agriculture so they are left at the edge of fields along the Lake. Providing larger setbacks from the bluff edge will help with the protection of natural beach and bluff communities. Open water, primarily in the form of ponds and portions of rivers without tree cover, makes up only 0.31 percent of the Clarington landscape. Much of the open water is made up of man- made ponds as it is difficult to distinguish these from natural ponds. Many of these ponds have been created by farmers for use as irrigation sources, cattle water sources or in urban areas as stormwater management. Based on the 2008 air photos, meadow habitats cover 8.1 percent of Clarington's land area. The Natural Heritage Systems Discussion Paper defines meadow habitats as open grassland, grassland with minimal tree cover (savannah), and early successional communities such as thickets. Most meadows in Clarington are old field habitats, areas that historically would have been forest, but which were at one time or another cleared of tree cover and farmed. A large percentage of the area mapped as meadow is fallow field which may be reclaimed for agriculture. Overall the natural heritage system in Clarington covers 38 percent of the Municipality. Provincial, regional and local policies seek to protect and enhance the natural heritage system. To ensure balance we need to be strategic about additions, targeting critical linkages and Countryside Discussion Paper—August 2013 1g under-represented habitats rather than just adding land mass. The Watershed Management Plans prepared as background information to this Official Plan Review recommend enhancements to the natural heritage system and provide specific directions as to how and where the natural heritage system could be grown for the greatest benefit to the overall system. However, within the context of the countryside, resource driven economic activities such as aggregate extraction and agriculture have to be equally considered. Aggregate Extraction Created by the retreats and advances of the glaciers, Clarington's landscape has two distinct geological formations. The great range of morainic hills crossing the northern portion of the Municipality from east to west and the old beach of Lake Iroquois which can be identified by its shore cliffs and gravel ridges to the north of today's urban areas. These glacial deposits are rich aggregate resources that continue to be used for economic prosperity. R JU Aggregate resources are the sand, gravel, clay, earth and bedrock that underlie our natural landscape. They play a significant role in the everyday life of all Ontario residents. They are an integral part of our roads, sidewalks, sewers, as well as our homes, offices, hospitals, schools and shopping centres. Aggregates are critical ingredients in a number of manufactured products such as glass, coated paper, paint and pharmaceuticals and several manufacturing processes, including the making of steel, aluminum and plastic. Countryside Discussion Paper—August 2013 19 Aggregate is obtained from unconsolidated deposits of sand and gravel, or by crushing quarried stone. The material is utilized by the construction industry in all types of building and road construction. Potential aggregate extraction areas cover 3800 ha or 6.2 percent, while active existing operations occupy 925 ha or 1.5 percent of Clarington. Aggregate resources are typically found in the area of natural heritage features on the Oak Ridges Moraine, the Lake Iroquois Beach landform, and within agricultural areas. As such the extraction of aggregate is highly regulated and sometimes controversial. Conflict exists between the aggregate extraction industry and those wishing to protect and preserve natural heritage areas and agriculture lands. Areas of potential aggregate extraction have been identified and well documented within the current Official Plan (Map G). The criteria set out in the Official Plan for the approvals process and operations have served Clarington well. St. Mary's Cement has proposed and is exploring the possibility of a mine, off-shore in Lake Ontario. The proposal is being reviewed and considered by the Provincial regulating agencies. Lake Ontario is beyond the land use controls of the Official Plan and the Municipality. However, any off-shore mining operations will have an impact on the length of time and the extent of the on-shore facilities at St. Mary's. Agriculture The majority of the countryside of Clarington is used for agricultural "Agriculture in the GTA has the following production. Agricultural production is a advantages: an abundant fresh water supply, heat reflection of the capability of the soil in units conducive to high crop yields, proximity to combination with the physical markets and consumers, an extensive topography, water, stoniness, richness transportation network, and proximity to research, of the nutrient regime, management of development and learning facilities. the resource and weather conditions. Aside from these physical advantages, good The land area of Clarington devoted to business management also plays an enormous role agriculture is 47.2 percent. There are in the competitiveness of farming in the GTA." additional lands used for farming in urban areas which will be lost once Source: GTA Agricultural Action Plan urban development occurs on these lands. Agriculture is anything but homogenous; there is a great deal of variability in commodities and production. In Clarington, there are large modern dairy farms and cash crop operations, tender fruit production, agri-tourism and small market garden operations. Farms range from over 500 hectares (on a number of properties) to 2 ha intensive greenhouse operations. The total number of farms in Clarington in 2006 was 437, with the total area of farms reported by Countryside Discussion Paper—August 2013 20 Statistics Canada as 33,074 hectares, slightly higher than the 47.2 percent land area; however farms include some environmental protection lands and as stated previously, some farms remain within the urban area. • y -�,,ma�y�- ¢ J.r.�- «♦ -- '-1dkZiaCM^ f4,1 te- �i -�"'y"•ate•..'n�la�_ +"�^.1 4 Enniskillen Valley, Photo Courtesy of CLOCA,2008 The crops grown in Clarington cover a wide range and differ from year to year. The selection of crops will depend on the rotation farmers employ to manage and replenish soil nutrients and commodity prices. Typically corn, soybeans, and canola predominate as cash crops. Other field crops include hay, alfalfa, clover, wheat and oats. Tender fruit crops grown in Clarington include apples, strawberries, blueberries. Vegetable crops that are grown in quantity to supply external markets are sweet corn and cabbage-family varieties. Nursery products include sod, nursery stock, Christmas trees and maple trees used in the production of maple syrup. Other specialty crops include greenhouse flowers and vegetables, and niche crops (i.e. bird seeds). With regard to livestock, Clarington has dairy, beef, hog, sheep/goat and poultry, some farms being a combination of animals and crops. In addition there are a number of horse farms and specialty farms for alpaca and mink. Countryside Discussion Paper—August 2013 21 Part of the expression of agriculture on the landscape is the composition of the cultivated and cropped fields, farm structures and hedgerows that residents visually identify with. This visual impression is very important and at the basis of the character that residents and visitors attribute to Clarington's countryside. In Clarington there are micro-climate areas along "The great factors to consider in the matter the Lake Ontario shoreline south of Highway 401 of agriculture are the men and women and in the area known as the "Bowmanville Plain" engaged in it, the soil upon which they being the Lake Iroquois Beach lands between work, the climate of their region, the forms Bowmanville and Newcastle. These areas have of rival like surrounding them, and the some of the highest yield lands on a per acre markets for their produce." basis for Ontario and are also the areas where Source: The Townships of Darlington and tender fruit can be grown. Clarke, page 440 At one time all housing clusters in Clarke and Darlington Townships were rural settlements. Four of these settlements have grown beyond their rural companions into urban areas (Newcastle, Bowmanville, Courtice and Orono) and are addressed in the Growth Management Discussion Paper. These four urban areas cover 11.4 percent of Clarington's land area. Clarington's hamlets collectively occupy 1.9 percent of the land area. Most hamlets developed as agricultural service centres and contain churches, parks, community halls, some have a convenience store or coffee shop. Since the 1970's, in response to the demand for a rural lifestyle and improved transportation, most of the hamlets have undergone some form of expansion and new development. During the preparation of the first Official Plan in the early 1990's, time was devoted to how development in the hamlets would occur and the limits to development. The majority of the rural population live in the hamlets. There are many other collections of homes and facilities in the countryside. In addition to the thirteen hamlets there are nine rural clusters and six country residential subdivisions. The specific land use issues with regard to settlements are addressed in Section 5 of this Discussion Paper. Countryside Discussion Paper—August 2013 22 Additionally, there are individual farmsteads related to the farming operations; however as agriculture has evolved the need for farmers to live in close proximity to the lands they work has become less important than it was at one time. This has lead to many farmsteads being occupied by residents that may not necessarily work in the countryside. Farmsteads, rural settlements and hamlets are an integral part of the countryside and cater to a base population; however major growth beyond what currently exists is not anticipated or encouraged. Today, there are very limited numbers of vacant lots remaining in the hamlets and countryside for residential development. The Greenbelt Act and Plan constrains expansion of the hamlets; for the most part they will remain much the same as they currently appear. Countryside Discussion Paper—August 2013 23 Section 4 Rural Land Uses 4. RURAL LAND USE ISSUES The countryside is made up by the physical characteristics described in the previous section and influenced by the symbiosis and competition between different land uses set out in the Official Plan. Some land uses compete for the same limited physical resources while others are complementary. Different land uses are necessary for economic prosperity and social well- being; they are part of the overall mosaic that makes Clarington sustainable. The 1992 Background Papers for the existing Official Plan identified issues such as Environment fragmentation, incompatible uses, rural residential expansion and non-farm uses as some of the issues to be addressed at that time. Stringent policies constrained residential, Social Economic commercial and industrial growth to the urban areas, conserving the countryside for its resources, primarily being the natural environment and agricultural lands. The policies of the Official Plan have for the most part been successful in achieving the goals and targets outlined; however, there is new legislation to be adhered to, some issues that persist and new challenges in the countryside. The following discussion of issues is not specifically related to any one land use designation per se, rather the issue has been identified as part of the background preparation work for the Official Plan Review, it is introduced, discussed and policy directions suggested. Natural Heritage System Clarington's first Official Plan policies adopted in 1996 set a new standard for the protection of natural heritage features in Southern Ontario. Almost twenty years later these policies are still considered pioneering. There are many diverse natural heritage features and their functions that collectively comprise Clarington's existing natural heritage system (NHS). A goal of the Official Plan is to protect the NHS from incompatible development. Some of the best stewards of the NHS are farmers. The NHS weaves its way along the stream valleys through the agriculture fields of the countryside. In most cases, these environmental lands serve a practical function to an agricultural operation assisting with wind and erosion protection, they may also be a source of firewood, cedar posts/rails and maple syrup. Countryside Discussion Paper—August 2013 24 Environmental Protection land is one component of the Open Space System identified in the Official Plan Maps A, C and D. It should be noted that many farms are not just affected by the proposed refinements to the NHS they may also be wholly located within the Open Space System. The other components of the Open Space System are described in more detail later in this Section. Proposed Policy Direction The Natural Heritage Systems Discussion Paper released in April 2013 contains a number of proposed policy directions. It includes the current approach, the methodology of how natural features and functions are identified and proposes how the system is to be refined and protected. The Maps for the proposed Natural Heritage System are the basis for Figures 6 and 7, the Proposed for Discussion Land Use Map A on pages 75 and 76. 4.1.1 Open Space System The Open Space System is comprised of environmental protection areas (the proposed natural heritage system), the ORM natural core and linkage areas, green space, and waterfront greenway. Combined these elements provide a continuous system of open space woven through the countryside. The Open Space System laces its way into the urban areas and down to Lake Ontario tying the overall landscape together as a green tapestry. The Open Space System defines the boundaries of distinct urban areas, enhances ecological health, and protects environmental features and their functions including the Lake Ontario shoreline. The Open Space System contains viable farmland, and recreational areas that contribute to the quality of life of residents. Its natural heritage features and functions contribute to the sustainability of the countryside and Clarington. Except for within the features of the natural heritage system, the Open Space System is used for agriculture and farm and farm-related uses are allowed. The distinction is that the Open Space System elements (ORM linkage, green space and waterfront greenway) can also be used for recreational uses as noted in Section 4.4 below. Agriculture Agriculture is identified in the Economic Base and Employment Lands Discussion Paper as a major economic driver of Clarington's economy. The importance of agriculture is not confined to the agricultural sector but includes various ., I types of agri-businesses, food retailing and -_ processing, and agri-tourism. The spin-off employment and economic impact of Countryside Discussion Paper—August 2013 25 agriculture are felt far beyond the borders of Clarington and Durham Region (see Appendix 3). The average area of a farm in Clarington is reported by Statistics Canada as 76 hectares. Although, the number of farming operations has been in decline their size is increasing. Farms are business enterprises, often with ownership of multiple properties and rental of lands held by non-farm property owners. Overall, since 1996 when the Official Plan came into being there has been a slight decrease in the amount of land being farmed, due to the conversion of agricultural lands within the urban boundary to development, the retirement of poorer soils, conversion to natural habitat, and the development of infrastructure. There will continue to be a decline in lands currently being farmed as the remaining agriculture lands within urban boundaries are converted to other uses. In addition the construction of infrastructure projects on agricultural lands such as Highway 407, Clarington Transformer and proposed renewable energy projects; have a number of impacts such as removing lands from production, affecting adjacent lands and in the case of Highway 407 creating remnant parcels that may be converted to other uses, such as natural heritage. 4.2.1 Economic Impact Agriculture is an important part of the economy in Clarington. A significant portion (approximately one third) of agricultural economic activity for Durham Region takes place within Clarington. The importance of agriculture is not just confined to the agriculture lands and farming. It also includes a number of businesses in other areas such as food manufacturing, food retail, and agri-tourism, and therefore is also significant as an economic cluster. The importance of protecting the soil, in combination with the micro-climatic and lake effects, contiguous parcels and the amount of land required to - leis A maintain the economic viability of g Aftk a riculture as the number one f'`� '� economic sector in Durham -) — cannot be overstated. Prime ton agricultural lands in Clarington � g g are protected through Offical ` . It Plan designations and zoning.g g is important that adequate buffering and transition lands surrounding farm operations (particularly livestock farms) be provided to help existing farms remain viable and operate without additional undue impediments. The issue of local food security and capability to feed the residents of Durham are also factors to be considered. Countryside Discussion Paper—August 2013 26 Proposed Policy Direction The existing Official Plan policies recognize the importance of other industries to the economic well-being of Clarington, specific recognition of the importance of the agricultural sector in the local and regional economy is recommended. 4.2.2 A Single Agricultural Designation The number one asset of any agricultural operation is the land base and the soil. One of the goals of the Regional Official Plan is to conserve agricultural resources. Traditionally, the Region has designated agricultural lands for protection in their Official Plan based on the soil capability for agriculture (Canada Land Inventory) information. Blocks of land containing soils with a high potential for agriculture were designated Prime Agriculture in the Regional Official Plan in accordance with the PPS. Lands designated included the extensive tracts of class 1 to 3 soils in the Region as well as contiguous areas of farming on class 4 soils. The DROP previously included two Agricultural Area designations: "Permanent Agricultural Reserve" and "General Agricultural Area". The two designations, for the most part had been in place since the original Regional Official Plan was approved in 1978. In 2006, Amendment 114, the Region's Greenbelt Conformity exercise, merged the two designations into one land use. This designation is consistent with the PPS definition of "prime agricultural area". In the past, there have been implementation issues as the prime agriculture area was for food production. Horse stables, sod and tree farms and other non-food production farms were limited to the general agriculture area. When a farmer wished to change a commodity group conformity issues were created due to the different agricultural designations that were limiting. Prime Agricultural Area Prime Agricultural R Area General • Agricultural'O • Areaw Urban �' Urban 11 T • ireal • Area' • • Existing Official Plan Designations Proposed For Discussion Designations Countryside Discussion Paper—August 2013 27 Proposed Policy Direction Merging Clarington's two Agricultural Area designations into one land use designation would bring the Official Plan into conformity with the PPS and Region's Official Plan. It would also assist in securing the protection of Clarington's agricultural land base, by forming a large, continuous designation that preserves large tracts of land suitable for agricultural uses. The merged Agricultural designation would allow for the most part the full range of uses permitted by the current "general agriculture" designation, with the exception of major recreation uses. Figures 6 and 7 on pages 75 and 76 show the Proposed for Discussion Land Use Maps A. 4.3 Farms and Farm-related Uses Farms and farming occurs on the land regardless of the labels, mapping and designations denoted on maps and in policy documents. Farms can occur in any land use designation, typically they are the underlying use in all urban and employment areas until development occurs. As part of the two tier system Clarington had been targeting certain uses for less productive soil classes; commercial kennels, greenhouses, sod, tree, and horse farms; however the use of the land is a response to its productivity and occurred without i triggering land use planning ; approvals. Agriculture-related and accessory farm-related industrial/commercial uses assist farmers in carrying out their business operations and help maintain the viability of farms in the ever-changing global market place. 4.3.1 Accessory Farm Uses (Agriculture-Related Uses) Typically, an accessory use that is part of an agricultural operation is already permitted. Some additional uses that are not accessory but rather secondary could hamper and impede typical farm practices and operations. The clarification that has been provided by the 2012 recommended changes to the PPS specifying that secondary uses can only be agricultural related will assist with being able to make adjustments when the Zoning By-law is being updated to address specific uses that are viewed as being of benefit. The DROP provides a general framework to guide local municipalities in their plans and detailed policies related to accessory and secondary uses based on scale, number, and potential impacts on surrounding uses. The DROP general framework, plus the PPS proposed definitions provide the basis for Secondary Uses however it also limits such used to being agriculture related. Countryside Discussion Paper—August 2013 28 Some rural residents may wish to introduce secondary uses that are not specifically related to or beneficial for adjacent agricultural operations. These secondary uses may be more in the nature of industrial uses, tourism activities and/or special events. While this type of activity may be of benefit to the individual property owner/organizer and could enhance tourism opportunities they can create conflict with proximate agricultural operations. Some activities or events are short-term in duration and have minimal impact on the land and could be allowed by permit. Permits can have specific conditions that limit the length of time and scale of an activity such that impacts on surrounding agricultural uses could be addressed. However, the use must be recognized in the zoning of the land, for the Municipality to be able to issue a permit that complies with the zoning. As such, secondary uses will require specific permissions within both the Official Plan and the zoning. The 2012 Review of the PPS proposed the addition of The Official Plan allows uses that are the following additional language to help clarify accessory to agricultural operations, secondary uses; "agricultural uses, agricultural- such as retail stands for the sale of related uses, on-farm diversified uses and normal farm produce and a second dwelling farm practices should be protected and promoted" to accommodate farm help. Further, revised definitions are proposed as follows: Accessory farm uses have to be subordinate or incidental to the "Secondary uses" is replaced with "on-farm principal farm use. As such, diversified uses". The definition for on-farm severances for accessory uses are not diversified uses has been revised to directly relate the permitted. Farmers have to carefully use to the farm operation. The proposed definition consider the investment they are means small scale uses that are secondary to the making in a retail stand as they are a principle use of the property and help support the permanent fixture on the farm which farm. On farm diversified uses include, but are not may be an asset or detriment in the limited to, home occupations, home industries, agri- future. tourism uses, and uses that produce value-added agricultural products from the farm operation". Other accessory farm uses are home occupations/businesses contained within residential dwellings and small-scale home industries normally contained within existing farm out buildings, provided such uses do not alter the principal use of the property for agriculture. Proposed Policy Direction The current policies of the Official Plan are sufficiently restrictive to protect the agricultural resource while allowing for farmers to have accessory uses specifically related to their farming operation. Countryside Discussion Paper—August 2013 29 Agri-tourism uses, such as farm vacation homes, cottage wineries, bed and breakfast establishments, pick-your-owns, and farm tours that offer the "farm experience" are considered to be consistent with the intent of the Official Plan policy regarding secondarry uses. These uses give a farmer the opportunity to supplement income derived from the farm, they must be incidental or subordinate to the principal agricultural use. They are permitted only if they are small in scale and directly related to, or exclusively devoted to, the existing farm operation. Each proposal is evaluated for conformity with the intent of the Plan when being reviewed for zoning conformity and site plan. The decision-making framework included in Appendix 1 will be used to assist in the evaluation of applications for secondary uses. 4.3.2 Farm-related Industrial and Commercial Uses In the proposed changes to the PPS, agricultural-related uses have been revised to strengthen farm operations. "Agricultural-related uses" is defined as "industrial and commercial uses that are directly related to the farm operation (they can be a big or small operation) but have to support agriculture and are required to be in close proximity to farm operations, and provide direct service to farm operations as an exclusive activity". An example of this type of use is the packaging and processing plant at Algoma Orchards. Where farming occurs and is outside of Environmental Protection designation, the Official Plan permits, as-of-right, farm-related industrial/commercial uses including grain drying, bulk storage and sorting of produce, farm cooperatives, livestock sale barns, abattoirs, animal husbandry services and farm machinery sales and repair. These facilities directly service agriculture, and require locations in proximity to farm operations. The Regional and Clarington Official Plans permit the consideration of severances for agri-business uses of an industrial nature provided that it does not result in the creation of a non-viable farm parcel. Farm-related industrial/commercial uses are to be subordinate to and maintain the rural character and avoid conflicts with adjacent agricultural uses, such that: Countryside Discussion Paper—August 2013 30 • The potential for farm-related industrial/commercial uses to evolve into uses that may not be compatible in rural areas is minimized; • Enforcement of the types and source of goods/farm produce that would be sold; • Permanent versus seasonal farm markets; and • The fragmentation of the rural land base. Proposed Policy Direction The current policies of the Official Plan are sufficiently restrictive to protect the agricultural resource and yet permissive enough to allow farmers to have industrial/commercial uses specifically related to their farming operation. The development of "stand-alone" farm-related industrial and commercial uses are directed towards employment lands or existing appropriately zoned parcels in the rural area, if they are not part of a farm. An accessory commercial use being considered is the storage of Recreational Vehicles (RV) in existing barn structures. Storage could be within existing barns that dot the countryside; this policy would also achieve the goal of protecting these cultural heritage resources. The intent is to allow RV storage operations in structures that existed prior to 2000 and not purpose built for this commercial use, the scale would be limited to the size of the structure. Another secondary use, being considered, are small scale landscape contracting and retail sales which are secondary to farms that focus on nursery and horticultural crops. Stand-alone landscape contracting uses are addressed in Section 4.4.6. As with other secondary uses it would be best to evaluate each proposal for conformity with the intent of the Official Plan by requiring that they proceed through a rezoning process rather than providing general approval. The Zoning By-law review will address the scale of operations and other restrictions necessary to not impede normal farm practices on adjacent farming operations. 4.4 Rural Non-farm Use Policies 4.4.1 Open Space (recreational uses) As part of the countryside there are areas where the soil maybe less productive, the growing conditions not as favourable, or the area is separated from other prime agricultural lands, or surrounding uses challenge farm operations. These lands are designated as open space and have some additional allowed recreational uses plus all of the agricultural uses (noted above). The basis established in the Regional Official Plan for prohibiting active recreational uses on prime agricultural lands was to ensure that where prime agricultural areas predominate they can be better protected from the interference by non-agricultural uses. Countryside Discussion Paper—August 2013 31 The distinction of major recreational uses within rural open space areas is detailed in Clarington's existing Official Plan and allowed in the green space and waterfront greenway areas. The policies allow for recreational uses, such as golf courses and compatible tourism uses, by Amendment to the Regional and local Official Plan. 4.4.2 Golf Courses Currently the Clarington Official Plan allows for golf courses in Agricultural areas provided they meet a number of tests. Typically golf courses were not allowed on first class agricultural soils. Golf courses are also allowed in the green space and waterfront portions of the Open Space System. Golf courses may be considered by amendment to both the DROP and Clarington Official Plan and have detailed policies have been included to guide development. The current restriction of golf courses on the Oak Ridges Moraine in Clarington's Official Plan plus the merging of the "general" and "prime" agricultural designations means that this policy needs to be re- examined. There have been significant advancements in golf course design and maintenance/management practices, as well the anticipated demand for golf course means the criteria allowing them should be updated. The new Ontario Pesticides Act and regulations regarding cosmetic pesticide use, plus the restriction on site alteration in the Greenbelt Plan are in keeping with the advances made in golf course design and development. Proposed Policy Direction The change to a single agricultural designation will mean the restriction of golf course development from the prime agricultural lands designation (see Section 4.2.2). Golf courses are allowed in the Green Space and Waterfront Greenway designations. The ORM amendments to the Official Plan restricted golf courses; however, with new and updated criteria they could be developed in the Protected Countryside Green Space lands. Appendix 2 provides an overall context for the discussion of golf courses and proposed policy directions for how golf courses should be developed. 4.4.3 Tourism Nodes Canadian Tire Motorsport Park (formerly Mosport Park) and Brimicombe (formerly Kirby Ski Club) are Regional Nodes in the DROP and Tourism Nodes in Clarington's Official Plan. In Countryside Discussion Paper—August 2013 32 addition, Tyrone Mill, Bowmanville Zoo, Jungle Cat World and the Ports of Darlington and Newcastle are local tourism nodes in Clarington's Official Plan. The existing policies permit the existing uses and expansion based on criteria established for the different tourism nodes. Some of the local tourism nodes are further defined in Secondary Plans. Proposed Policy Direction Clarington's policies may require updated wording to reflect the intent of the Regional Official Plan amendment which removed the need for a Regional Official Plan amendment for the uses at Canadian Tire Motorsport Park to be expanded and diversified. 4.4.4 Special Policy Area When the 1996 Official Plan came into being, the legal agreement for the Port Granby Waste Management Facility, identified as Special Policy Area A had not been negotiated. Much has happened in the past 15 years. In 2001, the legal agreement came into force, and since then the Environmental Assessment has been completed and approved. The Canadian Nuclear Safety Commission has issued a license for the new waste facility and construction is beginning. In 2010 an End Use Concept Plan was adopted by Council for the residual federal lands. Countryside Discussion Paper—August 2013 33 Proposed Policy Direction The policies set out for the Port Granby Special Policy Area A in the Official Plan should be updated to reflect the actions that have been taken and to lay out the vision expressed in the End Use Concept. f 4 _ Lake Onun0 't Y 0 115 [ Y.1 4.4.5 Gas Stations and/or Gas Bars The DROP Amendment 114 deleted the policies that permitted the consideration of gas stations and/or gas bars in the Agricultural Areas and the Major Open Space System by amendment. The Region concluded that there does not appear to be demand for establishing such uses in the rural area, given that no amendments permitting them have been approved in the past 15 years. It also concluded that land uses such as gas stations and/or gas bars should be directed to settlement areas, where potential land use conflicts with resource-related activities can be minimized. Proposed Policy Direction Clarington's policies will be revised to bring them into conformity with the Region's policies. 4.4.6 Other Non-farm, Non-residential Uses In addition to golf courses, Regional and local Tourism Nodes, aggregate extraction, and gas stations/gas bars, the DROP currently provides for the development of other non-farm related, Countryside Discussion Paper—August 2013 34 non-residential uses within the rural area, outside of rural settlement areas on lands appropriately zoned. Such uses include: • Cultural, health and community facilities; • Cemeteries; and • Secondary Agricultural and Non-Agricultural Uses. Cultural, Health and Community Facilities: Cultural facilities (for such purposes as education, the arts, heritage, religion), health facilities, and community facilities, are encouraged to locate within Urban Areas. However, such uses are also permitted in the countryside, outside of settlement areas, within Green Space and Waterfront Greenway designations. The intent was to permit traditional community uses of a "single-purpose" nature on a limited basis. However, as institutional organizations seek more efficiencies in the use of land and facilities, such uses have expanded to be multi-purpose. Churches and schools, for example, are being expanded, used for day care facilities, and organizations are using such facilities "after hours" for meetings, etc. The scale of such uses has the potential of impacting surrounding rural areas, with activities and traffic throughout the day and into the evening. Proposed Policy Direction Such facilities, which are normally small scale are evaluated on a site-by-site basis, based on planning merits, through an amendment to the zoning. Conditions can be imposed in the zoning to limit the size of any expansions or change of use of facilities. The Greenbelt Plan adds an additional caveat that expansion and/or conversions have to bring a use more into conformity with the intent of the Greenbelt Plan. Cemeteries: The Clarington Official Plan recognizes existing cemeteries and expansion is permitted in all designations. New cemeteries require an amendment to the Official Plan, they are not permitted in Agricultural Areas. In addition, within the Oak Ridges Moraine and Greenbelt, new cemeteries are only permitted in the Protected Countryside and Settlement areas, identified in the Official Plan, subject to the requirements of the natural environment and resource management policies of the Greenbelt Plan (see Figure 8 for the Greenbelt Schedule, page 77). Proposed Policy Direction Clarington's policies are in general conformity with these policies but the addition of the Schedule showing the Greenbelt Protected Countryside is necessary. Countryside Discussion Paper—August 2013 35 Secondary Agricultural Uses: Secondary uses on agricultural lands that are allowed are forest, fish and wildlife management, conservation, infrastructure, aggregate extraction and existing uses. Severances of agricultural lands for secondary uses are not allowed. In addition, some other uses have been interpreted as being permissible. • Veterinary clinics have been interpreted as being permissible secondary uses on agriculture lands. Kennels and other forms of animal husbandry are also acceptable providing they meet the appropriate zoning and kennel by-law requirements. • Landscape industry uses which consist of businesses associated with horticultural maintenance and construction are encouraged to locate in "dry' Employment Areas, especially if they are large scale and include retail aspects. Small-scale landscape industry uses may be permitted on existing lots of record outside of agriculture areas in the green space designations by amendment to the Official Plan. Proposed Policy Direction Secondary agricultural uses could be allowed by amendment to the Official Plan based on the criteria set out in the decision-making framework (see Appendix 1). The proposed framework for decision-making would help screen out proposed secondary uses that are not compatible. The framework is being reviewed with the Agriculture Advisory Committee of Clarington. Non-Agricultural Secondary Uses: Non-Agricultural Secondary Uses in the countryside can be beneficial to the individuals that are seeking to have such a use but can also be detrimental to others living and working in the countryside. There are locations which are more appropriate than others. • Contractor Yards, Auto Mechanics and similar uses are encouraged to seek out appropriately commercially zoned properties, or locate in Employment Areas. They may be allowed on existing lots of record in the green space designations by amendment to the Official Plan, provided they are small scale, visually screened and do not create noise, dust, odours that could impact abutting properties. • Recurring large scale Special Events such as music festivals, arts and crafts shows/sales, and conventions are encouraged to use facilities that are designed to accommodate them (e.g. parks, community halls). Traffic management/parking, health and safety, emergency and evacuation plans must be addressed well in advance of the special event. Small scale, one-time, limited duration Special Events may be allowed by permit. • Other Secondary uses in the green space designation may be acceptable provided that they do not impede surrounding agricultural operations as outlined in Appendix 1. Countryside Discussion Paper—August 2013 36 Proposed Policy Direction Secondary non-agricultural uses are encouraged locate on properties that are appropriately zoned. They could be allowed by amendment to the Official Plan based on the criteria set out in the decision-making framework (see Appendix 1). The proposed framework for decision- making would help screen out proposed uses that are not compatible in predominately agricultural areas. The framework is being reviewed with the Agriculture Advisory Committee of Clarington and as part of the public information sessions for this Discussion Paper. Rural Consent Policies A number of rural consent policies exist to allow for residential uses of rural lands in keeping with the traditions of agricultural enterprises. In addition to allowing for minor adjustments, policies addressing retirement lots, a second farm help dwelling and surplus dwelling severances when farms are being consolidated are separate policy areas as noted below. The consideration of "minor adjustment of lot lines, provided that non-viable farm parcels are not created, agricultural land is not fragmented and agricultural activities are not adversely affected" is allowed. The intent of this policy is to enable minor adjustments to lot lines to create or alter easements or rights-of-ways, correct title and rectify problems created by the encroachment of buildings, structures, or individual private water supply or private sewage disposal facilities on abutting lots. In these circumstances, a relatively small amount of land area is involved, and only minor (small) adjustments to lot lines are required. 4.5.1 Retirement Lots For farm parcels of 40 hectares a one-time severance of a retirement lot was previously allowed; however, since 2005 the PPS no longer permits the severance of a farm retirement lot from a farm holding. Proposed Policy Direction The policy regarding retirement lots should be deleted from the Clarington Official Plan. 4.5.2 Second Dwelling The DROP and Clarington Official Plan allow for a second dwelling to , accommodate persons employed full- time on the farm, where the size and nature of the operation warrants Countryside Discussion Paper—August 2013 additional employment. Applications to sever such an accessory dwelling are not allowed. In addition, on the Oak Ridges Moraine, the secondary dwelling may only be a temporary, mobile or portable unit. The investment in a permanent dwelling must be carefully considered since the unit cannot be severed. Often, second dwellings force a property owner to become a landlord when the second dwelling is no longer required for full-time farm employment. The size and nature of farming operations that warrant additional on-site employees have become a rarity; where they are warranted it is often for seasonal help who are commonly accommodated in temporary, mobile or portable units. Proposed Policy Direction Extend the policy established for the Oak Ridges Moraine to the remainder of the rural area, restricting secondary dwellings to a temporary, mobile or portable unit. 4.5.3 Surplus Farm Dwellings With the increase in farm size, many farmers are purchasing abutting and non-abutting but proximate properties and do not wish to retain the residential unit as part of the holding. The DROP and Clarington Official Plan provide conditions when severance of a surplus dwelling from an abutting and/or non-abutting farm are considered by amendment. This policy allows farmers to obtain additional non-abutting lands for farming without having to become residential landlords and encourages consolidation of farms. Proposed Policy Direction The existing policy requires a minimum amount of land (generally less than 0.6 ha) to be retained with a surplus dwelling and sets out other criteria. However, additional criteria for the severed parcel would be to allow the parcel size to increase to include features that cannot be farmed (e.g. well, septic, building foundations) while ensuring that the maximum size remains less that 2 ha. An additional policy stating that within the Protected Countryside of the Greenbelt Plan Area, the dwelling was in existence as of December 16, 2004 is required for conformity. 4.5.4 Severance for Heritage Structures When the Regional Official Plan was being reviewed the Clarington Heritage Committee requested consideration of a policy that would permit the severance of non-agricultural rural parcels to accommodate the relocation of heritage structures threatened by urbanization and deemed to have architectural or historical significance. Countryside Discussion Paper—August 2013 38 The DROP review concluded that the preferred locations for such heritage structures are urban areas, followed by hamlets. While the Regional and Clarington Official Plans encourage the preservation and reuse of cultural ' attributes, specific policies to permit the relocation of heritage structures to rural severed lots or a heritage subdivision were not 'a deemed the appropriate response ; �!'! �;� . �" hgj ;{f" ��IL. ;l ,�' _� " �P '61 to the issue. Opportunities to w !; ' �. ILI preserve structures on-site with new purposes or relocate structures to vacant lots of record r, are preferred, to creating new subdivisions in rural areas. _ '' :, = ,,. However, the concern expressed by the Clarington Heritage Committee goes beyond heritage homes. Heritage structures include many types of structures such as barns, driving sheds, silos, former churches and schools. As such the problem is not particularly a land use issue but rather a cultural awareness issue. The adaptive reuse of these structures rather than relocation is preferred from a land use perspective. Proposed Policy Direction The policies of Chapter 8 are applicable and each case reviewed on its merits including potential solutions. The Clarington Heritage Committee has been working on capturing rural heritage structures through a photographic inventory. Other Uses/Issues As part of the countryside there are other allowed uses that have unique characteristics and legislative rights. Often these uses appear in conflict with the surrounding countryside as they require the resources found in the rural area. They can be imposing, often impacting other land uses, visually impacting the landscape and disturbing rural residents. 4.6.1 Aggregate Extraction Clarington's Aggregate Extraction policies aim to manage mineral aggregate extraction activities and minimize impacts on the natural heritage system and socio-cultural impacts. The Official Plan protects high potential resource areas from incompatible land uses. Clarington's policies for aggregate resources were reviewed in the late 1990's and Amendment 19 was approved by the Ontario Municipal Board in 2001. The environmental protection and aggregate policies set the standard for other municipal Official Plans and the Oak Ridges Moraine Plan. Countryside Discussion Paper—August 2013 39 Proposed Policy Direction Minor changes are required to bring the Official Plan into conformity with the Greenbelt Plan and the 2012 Review of the PPS. These minor changes will increase the already stringent policies around resource conservation and require a more comprehensive approach to rehabilitation. In addition, visual impact analysis and mitigation measures will be added to the criteria that Aggregate Extraction Area Studies must meet. 4.6.2 Alternative (Renewable) Energy Projects Farmers may choose to establish on-farm energy sources such as bio-gas, solar, wind, etc. to power their farm operations; this type of use is considered to be accessory to the farm operation. Most renewable (alternative) energy projects that produce in excess of 10 megawatts of energy for commercial sale onto the grid will require a Renewable Energy Approval (REA) process under the Green Energy Act. Applications for REA begin when a contract with Ontario Power Authority has been awarded to sell power onto the grid. Most small-scale renewable energy projects that produce less than 10 megawatts of energy do not require a REA as they are deemed not likely to cause significant adverse environmental effects due to their small scale, although other legislation and approvals continue to apply. The Greenbelt Plan and ORM have permissive (subject to) policies that allow "infrastructure" to be located in the Protected Countryside providing they meet the criteria of the Environmental Assessment Act or similar environmental approval. The existing Official Plan contains policies that would allow the Municipality if it were an approval agency to better address adverse impacts on adjacent land uses. Currently REA projects are not subject to the Planning Act. The Municipality is a commenting agency but not an approval authority. There are two proposed industrial wind turbine farms, one in the Newtonville/Port Granby area of five (5) turbines the other in the Kirby/Orono area of ten (10) turbines. Some rural residents may benefit from the installations, others are opposed, expressing concern over health issues, property value decline and the impacts on the environment and visual landscape. The Provincial government is currently reviewing how municipalities could be more involved in REA approvals. In the future, Clarington may have a greater voice and be able to set out criteria for where it would be willing to support renewable energy projects. Currently, Clarington Council has specifically declared Clarington an "unwilling host" to industrial wind turbines (see next page). Proposed Policy Direction Countryside Discussion Paper—August 2013 40 The current policies of the Official Plan allow for new electrical generation proposed by private corporations by amendment to the plan. Should changes to the Renewable Energy Act provide municipalities with approval authority over the siting and land use aspects of renewable energy projects, additional criteria regarding visual impact assessment and mitigation measures to address the importance of landscapes, vistas and ridge-lines would be added to the existing policies. Resolution #C-161-13 WHEREAS there are two (2) proposed industrial wind projects in the Municipality of Clarington (Clarington Wind Farm and Ganaraska Wind Farm); WHEREAS the Premier of Ontario has recently conveyed the Government's desire to limit Industrial Wind Turbines (IWT) Projects to communities that are willing hosts; WHEREAS the Council for the Municipality of Clarington has received a clear message from its residents that they are not willing to host Industrial Wind Turbines; AND WHEREAS the Council for the Municipality of Clarington has taken a consistent position on the issue of the siting of IWTs; NOW THEREFORE BE IT RESOLVED THAT the Council for the Municipality of Clarington declares that it is currently not a willing host; and THAT, based on the consistent position of the Council for the Municipality of Clarington and the input received from the community regarding IWTs, the Province of Ontario and specifically the Ministry of Environment be now advised that the Municipality of Clarington is currently not a willing host for IWTs; and THAT this resolution be circulated to Premier Kathleen Wynne, Minister of Agriculture and Food; Honourable Bob Chiarelli, Minister of Energy; Honourable James J Bradley, Minister of Environment; Honourable Jeff Leal, Minister of Rural Affairs; Doris Dumais, Director of Environmental Approval and Service Integration Branch of the Minister of the Environment; John O'Toole MPP Durham; Association of Municipalities of Ontario (AMO). 4.6.3 Infrastructure/Utilities Infrastructure and utilities are important to the overall functioning of both the countryside and urban areas. Major utilities and facilities include water supply plans, pollution control plants, electricity generating stations, hydro transformer stations and corridors for hydro, pipelines, telecommunications and gas. In addition the transportation system is considered infrastructure. Infrastructure and utilities are expected to be in place when required and as such, generally are allowed within any land use designation with the appropriate mitigation measures. For the most part residents are accepting of infrastructure and utilities that service Clarington; however, the imposition of large facilities and corridors that service national, provincial and regional needs are less accepted. Typically, infrastructure and utilities that service beyond the Clarington market are impositions within the countryside which residents would prefer not to Countryside Discussion Paper—August 2013 41 see. In addition, they are often located within areas that the Province has provided additional protection to such as the Oak Ridges Moraine and/or Greenbelt. Infrastructure and utilities must obtain environmental approvals as set out in legislation such as the Environmental Assessment Act, Telecommunications Act or Electricity Act. In cases where natural heritage features are being impacted, mitigation and compensation are required. The Municipality is a review agency for environmental approvals being sought by a proponent for approval and construction of infrastructure and utilities. The Municipality evaluates on a case by case basis whether it will seek to obtain funding from the proponent for peer review of the environmental reports. The goal of peer review is to strengthen the reports and obtain mitigation of disruptive aspects of the project, not oppose the project. The August 2011 report of the Joint Review Panel for the Darlington New Nuclear Project recommended that appropriate measures be implemented to prevent the establishment of sensitive land uses within 3 kilometers of the nuclear site for the lifetime of the nuclear facility. This 3 kilometer radius for the entire Darlington nuclear site, touches the existing urban edges of Bowmanville and Courtice north to Bloor Street; however, depending on where the measurement is centered on it could grow. Currently there is no Provincial or Regional policy directive to impose development restrictions in the vicinity of the Darlington nuclear station. The Municipality is working with the Canadian Nuclear Safety Commission, the Province and the Region to determine how additional development constraints for sensitive lands uses should be addressed. Proposed Policy Direction The applicable enabling policies with regard to infrastructure from the Greenbelt Plan should be added to the Official Plan. In addition, the need to coordinate emergency planning/ response and traffic management planning for all infrastructure and utility projects with the appropriate agencies should be added as policy requirements. 4.6.4 The Greenbelt Legislation The Municipality has the right to regulate land use. One of the complaints from the farming community is the over-regulation that they perceive has occurred, the addition of layers over and above what had previously existed. There often appears to be a lack of understanding of how the land is being used and the impact additional regulation has on normal farm practices. In addition many other pieces of legislation (noted in Section 2) already constrain farming practices and add complexity to land use planning. However, there is also a misconception by some rural property owners that they should have the right to do whatever they please with their land. Countryside Discussion Paper—August 2013 42 Land use regulation is necessary to protect the resources that exist, be they soil, aggregate or natural heritage, ensure health and safety of residents and enable harmonious co-existence. Not all land uses are going to be visually pleasing or enjoyable sensory experiences, and what is beautiful to some is not to others. The Greenbelt legislation has been viewed by many as over regulation of a resource that was already well managed. It was an intervention by the Province in Greater Toronto and the Golden Horseshoe Areas to provide an overarching strategy, provide clarity and structure of where growth is to be accommodated for current and future generations. There is also a need from a provincial perspective to have infrastructure and resources (including agriculture) available to service the growing urban population. In anticipation of the 2015, ten year review of the Greenbelt Plan, the Greenbelt Foundation has undertaken a focused research study' to determine "the key issues affecting [a] farm's viability in the context of the specific constraints of operating in near urban areas, including any issues that arise out of the Greenbelt Plan's policies and/or their implementation." It is often perceived that the Greenbelt legislation has restricted agricultural uses and added undue layers of red tape. "Upon reflection, the range of uses permitted is virtually identical to the policies in effect for prime agricultural land in the rest of the province. For example, lot creation is discouraged for non-agricultural uses, while the creation of lots for large farm parcels is permitted, as is the severance of surplus residences as a result of farm The near-urban challenges for agriculture as consolidation in the Greenbelt as elsewhere "having to defend normal farming practices, (draft report, page 13)." social isolation as traditional farm communities become more populated by Farming in the Greenbelt by definition means non-farmers, lack of political influence, that it is near urban areas. There are increased taxes to support new services for commercial fill issues, vandalism, trespass, non-farm residents, and reduction in local traffic and transportation issues that are not as farm services." prevalent for farmers further away from urban areas. There are also opportunities because of Source: Bunce, 2005 the proximity to large urban markets. Sod farms, nurseries, pick-your-own operations, agri- tourism and horse farms tend to benefit from near-urban locations as they have enhanced access to consumers. By working with the agricultural community, Clarington recognizes the contribution agricultural lands and operations make towards sustainability and the role farmers play in land stewardship. The goal of becoming a more sustainable community is being pursued and in many ways achieved; however that does not mean that we can rest easy. Rather it is only through the 1 A Clarington Planning Services senior staff member was part of the advisory committee for this study and report. Countryside Discussion Paper—August 2013 0 continued management and enhancement of the countryside that the Municipality will be able to remain resilient and address the imbalances created by growth, global actions and climate change. Proposed Policy Direction The Durham Region Official Plan came into conformity with the Greenbelt Plan through Amendment 114, proposed policy directions recommended as part of this Discussion Paper would bring Clarington's Official Plan into conformity. The proposed Figure 8 reflecting the Greenbelt Protected Countryside and Natural Heritage System should be added to meet the Greenbelt legislation, proposed policies reflect the Greenbelt Plan and policies. 4.6.5 Urban/Rural Fringe and Whitebelt Lands (the 8 percent) One of the criticisms of the Greenbelt Plan was that some of the best agricultural lands were not included. The logic behind leaving certain lands out of the Greenbelt was, that given the growth "Many farmers questioned why the estimates for the Greater Golden Horseshoe and best farm land is not being protected policies in local and regional Official Plans these by the Greenbelt". other lands, known as the whitebelt would at some point, many years into the future, be logical Source: Cummings and Juhasz, 2007 extensions of urban areas. The whitebelt lands in Clarington are some of the best agricultural lands in all of southern Ontario. As such the policies of the Province require that prime agricultural areas be protected for long-term use for agriculture. It would only be when sufficient opportunities for growth are exhausted that prime agricultural areas could be considered for urban development. Clarington and Durham residents have also expressed concern for economic viability of the agricultural sector and some have concerns about food security. The lands between the urban centres of Courtice, Bowmanville and Newcastle are part of Clarington's economic engine (agriculture). These whitebelt lands provide much needed open spaces that counter balance urban growth and contribute to the overall sustainability and character of the Municipality. In 2001, Clarington Council established the Agricultural Advisory Committee of Clarington (AACC). The AACC provides advice to Council, Planning Staff and input on policies that affect the agricultural sector. On August 25, 2011 the AACC recommended and Council endorsed, on September 19, 2011 the following: "Whereas the Municipality of Clarington is in the process of reviewing the Official Plan; And whereas part of the mandate of the Agricultural Advisory Committee of Clarington is to advise Council with regard to: Countryside Discussion Paper—August 2013 44 a) implementation of municipal agricultural goals, objectives and policies; b) alternative solutions, approaches, plans or studies dealing with agriculture and related rural issues which are within the responsibilities and financial capabilities of the Municipality of Clarington; and c) monitor and report on changes within the agricultural industry including agricultural land inventory; And whereas agriculture is the #1 industry in Clarington; And whereas agriculture is necessary for food security; And whereas some of Canada's best agricultural land is in Clarington, more particularly immediately adjacent to the current urban boundaries and in the "whitebelt" areas; And whereas there are not stringent tests for the expansion of urban settlement area boundaries with regard to prime agricultural lands and soil capability; Now therefore be it resolved that Council instruct Planning Staff to include additional policies in the Growth Management and Agricultural Sections of the Official Plan to ensure that: a) Growth be provided through intensification, and redevelopment; and within the existing urban boundaries; b) That agricultural soil capability be included as an additional criteria for determining where future growth happens (e.g. avoid Classes 1, 2 and 3 soils, in this order of priority) ; c) That impacts from settlement areas on agricultural operations be mitigated; and d) That all types, sizes and intensities of agricultural uses and normal farm practices be promoted and protected in accordance with Provincial standards." The Land Evaluation and Area Review (LEAR) evaluation system model was developed by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). It considers other factors, such as fragmentation, micro-climatic effects, heat units, land use of surrounding parcels, and size of holdings, in addition to soil capability for agriculture to determine potential. The LEAR alternative evaluation system is used to identify Prime Agricultural Areas by more than just soil type. However, it has not been consistently applied across Southern Ontario. A full LEAR study of the "whitebelt" lands prepared in consultation with the agricultural community, using area specific data and ground truthed, in advance, of the next Regional Official Plan Review would provide the Municipality with additional information to be able to further verify the type of future uses that should occur in the areas between the existing urban centres. Countryside Discussion Paper—August 2013 45 There is the opportunity to grow the Greenbelt. The provincial government laid out the process for how it would consider additions to the Greenbelt and thus afford additional lands with the protection of the Greenbelt designation. The process to grow the Greenbelt would require additional study of the whitebelt lands to justify their inclusion in the Greenbelt, for environmental, agricultural land protection or other reasons. Clarington will have to address prior to the 2015 Greenbelt Plan review and before the next Regional Official Plan review whether it wishes to seek additional protection for some whitebelt lands through their addition to the Greenbelt. Proposed Policy Direction The growth management and agricultural sections of the Official Plan include additional criteria and tests to ensure that any urban boundary expansion proposals only occur once all other options such as intensification and redevelopment within the urban boundaries have been explored. Clarington could investigate expanding the Greenbelt by preparing the necessary background documentation such as a LEAR. 4.6.6 Buffers/Setbacks The proximity of agricultural operations to residential subdivision areas (urban/rural fringe) are often areas where the different land uses do not mesh together. Setbacks and buffers would assist in separating the ax different land uses and create 4 '� - a neutral territory. Buffers and setbacks have been established to assist I � with the protection and management of natural features within the PPS and Official Plans. The Municipality is required to ensure that new residential uses adjacent to agricultural lands comply with the minimum distance separation (MDS) formulae; however MDS specifically relates to livestock not other forms of agriculture. Another example is the request by the CNSC to investigate a buffer around the Darlington Nuclear site for sensitive land uses, providing for an enhanced safety zone is an example. The addition of buffers around existing urban settlement areas to further separate urban and rural uses is a difficult issue. Unfortunately there are not always opportunities to create such a buffer. And questions arise as to who would own and maintain the buffer and what would it be used for? Currently many of the lands surrounding urban settlement areas are owned by Countryside Discussion Paper—August 2013 46 investors holding the land for future development while renting it back to farmers. This ownership pattern acts as a buffer while remaining in agricultural production but with no longevity or relief of land use conflicts for the renting farmer. The lands around rural settlements are often agricultural, and while there can be better understanding by hamlet residents of agricultural practices, there is still the potential for conflict and nuisance. When examining the potential for rounding out of rural settlements (see Section 5.1) the same type of setbacks and buffers proposed for urban areas should be applied to rural settlements. Proposed Policy Direction In areas where urban and hamlet settlement boundaries are proposed to be expanded there should be, as a minimum, a hard boundary between the agricultural uses and residences such as a roadway, valley system or woodlot. The setback distances set out in the guidelines for odour, noise, dust, light and pesticide applications require at minimum, 30 metres of separation from a potential source. Countryside Discussion Paper—August 2013 47 Section 5 Rural Settlement 5. RURAL RESIDENTIAL The Introduction of Clarington's Official Plan, in 1996, placed environmental conservation at the forefront. It led the way with regard to its stringent policies that constrained residential, commercial and industrial growth to urban areas and set new standards for the integration of natural heritage systems within other land uses. Much of the new rural residential growth since 1996 has been on existing lots of record, or in previously approved country residential estates and within the boundary limits of hamlets. Clarington's rural housing growth has exceeded the targets established in the 1996 Official Plan for its 25 year lifespan. Residential construction on rural lots of record continues to add residential households to the countryside; however, it has slowed significantly since the late 1990's. Figure 1— Residential Building Permits in Rural Areas of Clarington, 1994-2012 140 120 100 a of Building 80 oHamlets Permits Issued wClarke 60 ®Darlington 40 20 0 7. 1994199519961997199819992000200120022003200420052006200720082009201020112012 Year 5.1 Rural Settlement Policies The existing Official Plan policies have been effective in curbing the increase in rural population growth for the longer term. Much of the uptake in rural housing was on lots of record and within country residential estates that had been approved prior to the 1996 Official Plan. Even with this growth, the rural population has decreased from almost half of Clarington's population in the 1970's to about 20 percent today. Countryside Discussion Paper—August 2013 48 Figure 2— Rural Population Percentof Rural Population 80% 70000 78% 60000 76% 50000 74% 40000 68% 30000 56% 20000 53% 53% 26% 24% 22% 20% 47% 47% 44% 32% 10000 0 1976 1981 1986 1991 1996 2001 2006 2011 ■Urban Population 16998 17169 19118 33613 44856 52781 60781 67561 ■Rural Population 14,930 15,060 14,955 15,866 15,759 17,053 17,039 16,987 The trend of diminishing population in the countryside is not unique to Clarington; rather it is an across-Canada trend and will continue due to many factors. An additional factor for Clarington is the provincial Places to Grow legislation. The policy framework of provincial land use legislation forces the majority of the population to now locate within urban settlement areas, through requirements for intensification and redevelopment. The policies that previously had allowed for rural residential developments are now severely restricted. Approvals for additional housing units in the countryside are limited. 5.1.1 Hamlets All of Clarington's hamlets are either within the Protected Countryside of the Greenbelt or the Oak Ridges Moraine. Therefore any infill or redevelopment within the approved hamlet boundary as of February 28, 2005 can only occur subject to private water and septic availability. Hamlets are the principle location for rural housing. The Region identified potential for 235 additional units in Clarington's hamlets. However, the Region's count did not eliminate lands that were zoned Environmental Protection; when the zoning is taken into consideration there are only 102 buildable parcels* remaining within the existing boundaries of the thirteen hamlets (*some of these parcels may have the potential to be severed if the zoning and Greenbelt policy conditions can be met). Figure 3— Hamlet Households Countryside Discussion Paper—August 2013 49 1981** 1991 1 2001 2011 Remaining Parcels Hamlet #of Households that are buildable Brownsville t 68 0 Burketon 42 125 133 138 2 Enfield 16 18 21 21 3 Enniskillen 41 110 143 153 9 Hampton 203 236 250 257 12 Haydon 28 44 49 49 1 Kendal 53 55 58 65 7 Kirby 9 9 10 11 8 Leskard 64 65 66 67 4 Maple Grove 77 83 84 85 7 Mitchell Corners 152 159 159 162 3 Newtonville 131 135 144 182 27 Solina 61 98 102 127 14 Tyrone 82 105 108 126 5 Total 959 1242 1327 1511 102 ** Based on the number of current households and the number of building permits issued for new residences overthe past 30years t Brownsville became a hamlet underthe 1996 Official Plan The Hamlets in the Oak Ridges Moraine being Enfield and Burketon have been delineated as part of the conformity exercise in 2005 and no rounding out can occur. In addition, the northern portions of Enniskillen, Haydon and Kirby have also been delineated as part of the Oak Ridges Moraine conformity exercise. The Greenbelt Plan allows for a one-time rounding out of hamlets when the Official Plan is brought into conformity. Minor rounding out of hamlet boundaries are allowed based on the Ministry's modifications to the Region's conformity exercise, which clarified that minor rounding out is permitted in the Greenbelt's Protected Countryside and not into the Natural Heritage System. The Natural Heritage Systems Discussion Paper addresses the refinements to the Greenbelt natural heritage system which may allow certain hamlets to have minimal rounding out. However, any rounding out is dependent on the refined boundaries of the natural heritage system being approved and the policy conditions set out in the existing local and regional official plans (see DROP 96.2.8, 96.2.11, 96.2.12 and 96.2.13 policies). Countryside Discussion Paper—August 2013 50 The existing policies of Clarington's Official Plan for Rural Settlement Areas require: a) An analysis of the hydrogeological regime in the area to determine the availability and quality of groundwater on a long-term basis; b) An assessment of servicing alternatives, such as municipal and communal services, including research into the feasibility of connecting existing development to such systems; c) An assessment of the long-term suitability of the soil conditions for the effective operation of private sewage disposal systems, where an investigation has demonstrated that private services provide the optimal servicing alternative; d) An assessment of surface drainage; e) An identification of any existing restrictions to future development; f) An inventory of cultural heritage resources and an assessment of how new growth will be complementary to, and consistent with, the historic character of the area; g) An environmental inventory and assessment of the impact of new growth on the natural, built and cultural environments; h) An assessment of servicing alternatives such as communal systems; i) An assessment of the impact on agricultural lands and the identification of directions for growth which will minimize such impacts, and a statement of conformity to the Minimum Distance Separation Formulae; and j) Other information as may be deemed necessary by the Municipality or the Region of Durham. Given these requirements and the analysis carried out during the preparation of the 1996 Official Plan there are very limited opportunities for minor rounding out of hamlet boundaries. .I M Y Countryside Discussion Paper—August 2013 51 Proposed Policy Direction The rounding out of hamlets in the land use schedules will be dependent upon approval of the "refined" natural heritage systems boundaries and proponents for rounding out providing the necessary documentation to address the existing policies of the Official Plan. In addition the character of hamlets is very important to the residents. As part of the studies identified in f) above, proponents will have to show how they are maintaining and complimenting the existing housing character through the positioning of the homes on the lots, scale, building materials and other design elements. Further, as set out in Section 4.4.6 the edge of hamlets should be setback from agricultural operations by a roadway, valley system, woodlot or other similar buffer. 5.1.2 Country Residential Subdivisions Country Residential Subdivisions are large lot residential subdivisions situated outside of designated urban areas. They consist of single detached dwellings, serviced by individual private wells and sewage disposal systems, with their own internal road system. These rural settlements are generally characterized by a slow rate of construction/build out. Country estate housing is part of the overall mix of residential available within Clarington; however, to remain desirable and in balance with other rural land uses it needs to be a limited commodity. As of 2010, Clarington had 51 vacant lots available in six country residential subdivisions. Countryside Discussion Paper—August 2013 52 Proposed Policy Direction Consistent with the Greenbelt Plan and DROP, Country Residential subdivisions are no longer permitted. Section 12.5 of the Clarington Official Plan will be amended to bring it into conformity with the Regional and Greenbelt policies. 5.1.3 Rural Residential Clusters Distinct clusters of non-farm residential development exist in Clarington's rural areas. These clusters were created either as part of a grouping of existing non-farm dwellings or as a special exception. Clusters are not identified in the Regional Official Plan but were identified in the 1996 Official Plan. The majority of the non-farm lot creations occurred between 1976 and 1991, most (87 percent) prior to 1986. Rural clusters occur near road intersections and are not linear in layout, having homes on both sides of the road(s), as listed below: • Darlington/Oshawa Townline and Taunton Roads • Courtice and Pebblestone Roads • Highway 2 and Solina Road • Highway 2 and Rundle Road • Rundle Road just south of Nash Road • Bondhead • Port Granby • Taunton and Ochonski Roads • Newtonville Road and Concession 4 In accordance with the Region's Official Plan infill development within the boundary of such clusters may be permitted subject to the conditions set out in the Region's Official Plan. Proposed Policy Direction In conformity with the Greenbelt Plan no new residential clusters are allowed. Policy 12.6.3 of Clarington's Official Plan should be deleted. 5.1.4 Vacant Rural Lots of Record There are significant concentrations of rural non-farm residential lots created between 1947 and 1968 as 4 ha (10 acre) parcels when the Planning Act allowed for such land divisions. The creation of new rural residential lots within or adjacent to these concentrations is not permitted by the Region's Official Plan or the Greenbelt policies. Clarington had 620 lots created in such a manner, virtually all of these lots have been built upon and very few remain vacant. Countryside Discussion Paper—August 2013 53 To be eligible to construct a single family home on a rural lot, the lot must have the appropriate zoning, and there are limitations as to which lots can be developed because of environmental and/or access restrictions; the capability of the property to have a well and septic system and other physical constraints. In addition, some properties have been severed from a farm/residential lot and have zoning restrictions that would not allow for residences. Currently, there are some 700 vacant rural lots, ranging from 2.5 to 22.2 acres that may or may not have development rights to construct a single family home. The implementation of the approved Highway 407 and East Link has the potential of creating additional vacant rural lots in Clarington with development rights because it will split parcels. To avoid the creation of additional residential lots in proximity to the 407 through the Greenbelt, the Municipality has requested the formulation of a specific policy, as part of the 407 East Environmental Assessment to address how these lots will be disposed of by the Ministry of Transportation of Ontario (MTO) in the future. MTO has been apprised of the issue and the desire to limit new residential development in the Greenbelt. Zoning restrictions on the remnant parcels to limit housing development would be in keeping with the policies of the Greenbelt, current Official Plan and 407 EA mitigation measures. MTO will be examining whether to use some of its remnant parcels as sites for natural heritage compensation. While on the surface this approach would appear to be beneficial, the amount of suitable and productive agricultural land that could be lost could have a significant impact on Clarington's agricultural community and its productivity. Proposed Policy Direction The Official Plan will include polices to reflect the intent of the Greenbelt with regard to limiting additional residential development in the countryside. The creation of remnant parcels caused by "natural severances" (e.g. the development of roadways) should be limited. 5.2 Orono Employment Area The DROP does not permit the consideration of applications to establish new Employment Areas in the rural area. However, Deferral Area D4 remains from the 1993 Regional Official Plan. It was an application for an employment area to the east of Orono and has yet to be resolved. Clarington, as part of ROPA 128, requested the designation be approved and the Region agreed. However, Deferral Area D4 was not Countryside Discussion Paper—August 2013 54 approved by the Ministry of Municipal Affairs when ROPA 128 was approved; rather it was a non-decision item and conditions were included in the Minutes of Settlement. The employment area proposed for Orono encompasses a number of existing industrial buildings serviced by wells and septic systems (e.g. dry industries). "Dry" means the industrial uses that do not require municipal services. Approving the deferral would allow for the continued expansion and development of this "dry" industrial area. As urban services are expanded to the employment areas in Newcastle, Bowmanville and Courtice it is anticipated that there will be continued demand for industrial areas that do not require full municipal services for businesses such as prefabrication of housing components, storage units, and the landscape industry. In the Clarington Official Plan, employment areas are anticipated to have full municipal services. The Economic Base and Employment Lands Discussion Paper provided an overview of construction based employment and showed a significant increase from 2001 to 2006 with approximately 1,000 construction workers employed at fixed places of work. Roughly 200 businesses are categorized in the Clarington on-line Business Directory as being in the construction sector, the vast majority of these are small businesses, having one to four employees. Growth is expected in the construction sector due to housing demand and large projects such as the Port Granby Project, Highway 407 and Darlington New Nuclear Build. As noted in Section 4.4.6 there is pressure on rural areas for many urban related industrial uses such as contractors yards, landscape industry and auto mechanics; businesses that do not require full municipal services. Proposed Policy Direction A "dry" employment area to the east of Orono must meet the requirements set out in the Minutes of Settlement for ROPA 128 and the general policies and development standards set out in Clarington's Official Plan. Additional specific polices for a "dry" employment area will be formulated to clearly articulate criteria for development. This "dry" employment area will be an exception to some of the general criteria (e.g. full municipal services) and include specific standards to provide for visual screening, landscape and design criteria. Countryside Discussion Paper—August 2013 55 Section 6 Next Steps OFFICIAL PLAN POLICY RECOMMENDATIONS As described in the preceding Sections, it is proposed that a number of minor and technical modifications be made to the existing policies of the Official Plan to bring them into conformity with the Greenbelt Plan and the DROP. The most significant change will be how the Land Use Schedules, Map A of the Official Plan will be revised to show the natural heritage system (as proposed in the April 2013 Discussion Paper) and the elimination of the two tier system of agricultural lands to a single designation. The Natural Heritage Systems Discussion Paper recommended that the natural heritage features previously identified on Maps C and D combined with the floodplain mapping to create the Environmental Protection designation be shown on Map A. Key Issues for the Countryside The top five issues identified and explored in this Discussion Paper are: Agricultural Uses — Merging the two tier agricultural designation into a single designation on Map A will protect the resource while allowing farmers to make use of and make changes to their lands in response to the agricultural market place. It also means major recreational uses, like golf courses that had previously been allowed on "general" agricultural lands will no longer be allowed. Major Recreational Uses — Major Recreational uses had been restricted from all of the ORM when Amendments 33 and 34 to Clarington's Official Plan were adopted in 2005. Advances have been made in how certain recreation uses such as golf courses are designed, developed and maintained. At the same time there is a growing demand for major recreational uses in proximity to urban areas and as rehabilitation of aggregate resource areas. The Protected Countryside area of the ORM allows for major recreational uses, therefore Clarington could allow for this type of use by Amendment to the Official Plan. Secondary and Accessory Uses — Agriculture-related accessory uses are allowed as of right on agricultural lands. Secondary uses that are recommended as additions by way of a Zoning By-law amendments are agri-tourism, RV storage and small-scale landscape Countryside Discussion Paper—August 2013 56 industry uses related to the primary agricultural use. Secondary uses are constrained by the proposed definition in the PPS to only those that are "agriculture-related". Any proposed Non-Agricultural Secondary Uses that are in-keeping with the decision-making framework outlined in Appendix 1, could be allowed by amendment to the Official Plan in the green space designation of the countryside. Urban/Rural Fringe and Whitebelt Lands — The urban separators between Courtice/ Bowmanville and Bowmanvil le/Newcastle plus some lands to the north of Newcastle were not included in the Greenbelt. These lands are - ���,�, �°•.. ,per'`' -some of the highest production agricultural lands in the Province. They ' challenge for the agricultural community is to have an urban population that respects, understands and supports farming. Additional policies limiting growth through intensification and redevelopment of areas within the urban boundaries first, plus the imposition of firm boundaries for urban areas will be included as part of growth management policies. No urban expansions are recommended as part of this Official Plan Review and additional "tests" will be included to help retain the urban separators and agriculture lands. Rural Settlements — The rural population is declining as a percentage of the overall population of Clarington and will continue to. Opportunities for housing development in the countryside have been and will continue to be very constrained. There is opportunity for limited minor rounding out of hamlets in the Greenbelt as part of this Official Plan Review. The following changes to the current Official Plan policies are proposed: • Include a policy addressing the importance of agriculture to Clarington's economy. • Merging of the "prime agricultural" and "general agricultural" into a single "prime" agricultural land use designation. • Include agri-tourism, RV storage, small scale landscape industry as agriculture- related secondary uses. Countryside Discussion Paper—August 2013 57 • Eliminate major recreation uses on lands designated as agricultural lands and only allow them to be located in the green space, and waterfront greenway designation and ORM in the green space designation. • Update the policies relating to expansion and diversification of uses for tourism nodes. • Update the Port Granby Special Policy A to reflect the vision set out in the End Use Concept. • Remove the policies that allow for gas stations and gas bars to locate in the countryside, and direct them to settlement or urban areas. • Update the rural consent policies to reflect the changes to the PPS and DROP. • Update the aggregate resources policies to bring them into conformity with the Greenbelt Plan and add a requirement for visual impact analysis and mitigation. • Include policies to address the visual impacts of infrastructure, utilities and renewable energy projects. • Review and amend all policies to ensure their conformity with the Greenbelt Plan and DROP. • Add policy tests to ensure that urban boundary expansion proposals protection agricultural lands. • Add policies for growth management and rural settlements to address separation between housing development and agricultural lands. • Allow for minor rounding out of hamlets in the Greenbelt Protected Countryside. • Delete the policies that allow for the creation of country residential subdivisions and rural residential clusters in keeping with the DROP and Greenbelt. • Address the creation or remnant lots by natural severances in the countryside. • Add policies to address a "dry" employment area and its development criteria. The following changes to the Official Plan schedules are proposed as follows: • Update the existing Map Al, Land Use (Figures 6 and 7) to reflect the updated Environmental Protection as recommended in the Natural Heritage Systems Discussion Paper and the merging of the two tier agriculture designation into a single land use designation. • Greenbelt Schedule showing the Protected Countryside (which includes the Oak Ridges Moraine, its countryside, natural core and linkage). It is proposed that this Discussion Paper and the proposed policy directions for the Official Plan be presented to the Clarington community at a series of public information Countryside Discussion Paper—August 2013 58 sessions. Any feedback received regarding the proposed directions will be considered prior to the preparation of an Official Plan Amendment. It is necessary to ensure that the recommendations from the Growth Management and Natural Heritage Systems Discussion Papers are considered and brought together into an overall vision for the Clarington community as part of the Official Plan Review. The Natural Heritage Systems Discussion Paper and the Countryside Paper are the background documents that provide the support for the Official Plan Amendment(s) to implement the Greenbelt Plan. Once an Official Plan amendment(s) has been adopted by Council; concurred to by the Region of Durham Council, who are the approval authority for Clarington's Official Plan, and any appeals addressed, the next step will be updating of the Zoning By-laws. Countryside Discussion Paper—August 2013 59 Glossary of Terms GLOSSARY OF TERMS The following terms used in the Discussion Paper are defined only for the benefit of the reader in understanding the concepts presented. All definitions are from the current Clarington Official Plan (or proposed revisions from the Growth Management Discussion Paper) unless noted otherwise. Accessory Use: the use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot. Aggregate resources: (Draft Provincial Policy Statement, 2012) means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act suitable for construction, industrial, manufacturing and maintenance purposes but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the Mining Act. Agricultural Uses: (Draft Provincial Policy Statement, 2012) means: a) Growing crops, including nursery, biomass, and horticultural crops; b) Raising livestock and other animals, including poultry and fish, for food and fur; c) Aquaculture; d) Apiaries; e) Agro-forestry and maple syrup production; and f) Associated on-farm buildings and structures, including, but not limited to livestock facilities, manure storages, value-retaining facilities, and accommodation for full- time farm labour when the size and nature of the operation requires additional employment. Agriculture-Related Uses: (Draft Provincial Policy Statement, 2012) means those farm- related commercial and industrial uses that are: a) Directly related to a farm operation; b) Support agriculture; c) Required in close proximity to the farm operation; and d) Provide direct service to farm operations as an exclusive activity. Cultural Heritage Resource: means man-made or natural features, including structures, objects, neighbourhoods, landscapes and archaeological sites that have been identified Countryside Discussion Paper—August 2013 60 as significant by the local municipality or the province for being meaningful components of a community's cultural heritage or identity. Development: means the creation of a new lot, a change in land use, or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include: a) the construction of facilities for transportation, infrastructure and utilities uses, by a public body, or b) for greater certainty: i. the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001: or ii. the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001.. Minimum Distance Separation Formulae: means formulae developed by the Province to separate land uses so as to reduce incompatibility concerns about odour from livestock facilities. Natural Heritage System: means a connected group of natural areas, and the native flora, fauna, and related geological features and landforms that contribute to the health and biodiversity of the natural environment. The natural heritage system includes core areas, natural corridors, and linkages including naturalized road or rail allowances See the Natural Heritage Discussion Paper for a fulsome definition of the different features and areas that are included. Non-agricultural source materials or "NASM" (Nutrient Management Act): means any of the following materials, other than compost (as defined in the Act) or a commercial fertilizer, if the materials are intended to be applied to land as nutrients: 1. Pulp and paper biosolids. 2. Sewage biosolids. 3. Anaerobic digestion output, if less than 50 per cent, by volume, of the total amount of anaerobic digestion materials that were treated in the mixed anaerobic digestion facility were on-farm anaerobic digestion materials. 4. Any other material that is not from an agricultural source and that is capable of being applied to land as a nutrient; Countryside Discussion Paper—August 2013 61 Normal farm practices: (Draft Provincial Policy Statement, 2012) means a practice, as defined in the Farming and Food Production Protection Act, 1998, that is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances; or makes use of innovative technology in a manner consistent with proper advanced farm management practices. Normal farm practices shall be consistent with the Nutrient Management Act, 2002 and regulations made under that Act. On-farm diversified uses: (Draft Provincial Policy Statement, 2012) means small scale uses that are secondary to the principle use of the property and help support the farm. On-farm diversified uses include, but are not limited to, home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products from the farm operation. Prime agricultural area: (Draft Provincial Policy Statement, 2012) means areas where prime agricultural lands predominate. This includes: areas of prime agricultural lands and associated Canada Land Inventory Class 4 to 7 soils; and additional areas where there is a local concentration of farms which exhibit characteristics of ongoing agriculture. Prime agricultural areas may be identified by the Ontario Ministry of Agriculture, Food and Rural Affairs using guidelines developed by the Province as amended from time to time. A prime agricultural area may also be identified through an alternative agricultural land evaluation system approved by the Province. Prime agricultural land: means land that includes specialty crop areas and/or Canada Land Inventory Classes 1, 2, and 3 soils, as amended from time to time, in this order of priority for protection. Provincially Significant Wetlands: means those areas identified by the province as being the most valuable. They are determined by a science-based ranking system known as the Ontario Wetland Evaluation System (OWES). Quarry (Aggregate Resources Act): means land or land under water from which consolidated aggregate is being or has been excavated, and that has not been rehabilitated, but does not mean land or land under water excavated for a building or structure on the excavation site or in relation to which an order has been made under subsection (3) of the Aggregate Resources Act. Redevelopment: means the creation of new units, uses, or lots on previously developed land in existing communities, including brownfield sites. Rehabilitate (Aggregate Resources Act): means to treat land from which aggregate has been excavated so that the use or condition of the land, Countryside Discussion Paper—August 2013 62 (a) Is restored to its former use or condition, or (b) Is changed to another use or condition that is or will be compatible with the use of adjacent land. Renewable energy systems: (Draft Provincial Policy Statement, 2012) means the production of electrical power from an energy source that is renewed by natural processes including, but not limited to, wind, water, biomass resource or product, or solar and geothermal energy. Residence surplus to a farming operation: (Draft Provincial Policy Statement, 2012) means an existing habitable farm residence that is rendered surplus as a result of farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation). Rural Residential Cluster: shall mean a definable node of non-farm residential lots located in the rural area. A Cluster shall consist of a minimum of five dwellings with frontage on an open public road and located either on both sides of a road or within the quadrant of an intersection. Settlement areas (PPS): (Draft Provincial Policy Statement, 2012) means urban areas and rural settlement areas within municipalities (such as cities, towns, villages and hamlets) that are: a) Built up areas where development is concentrated and which have a mix of land uses; and b) Lands which have been designated in an official plan for development over the long-term planning horizon. In cases where land in designated growth areas is not available, the settlement area may be no larger than the area where development is concentrated. Countryside Discussion Paper—August 2013 63 References REFERENCES: Review of Land Use Policy and Related Implementation Measures Regarding Agricultural Value Added Activities, by Planscape, for Niagara Region, September 2009. http://www.niagararegion.ca/living/ap/agricultural-study.aspx Official Plan Review- Background Report Greenbelt Plan Conformity, by Meridian Planning consultants, Inc., fro Town of Milton, May 2007. Golden Horseshoe Agriculture &Agri-Food Strategy, by Planscape,January 2012, Food and Farming: An Action Plan 2021, Region of Peel, November 2008. Greenbelt Plan Conformity, by Clean Air Partnership, for Greater Toronto Clean Air Council, September 2010. Local Food Procurement in Ontario, by Planscape. April 2009. Sustainabile Halton Phase 3: Agricultural Countryside Strategy, by Planscape, April 2009. Jurisdictional Analysis and Best Practices for Land Use Planning Affecting Direct Marketing and Agri-tourism Operations in Ontario Report, by Wayne J. Caldwell , for Ontario Farm Fresh Marketing Association, May 2006. Farming in the Greenbelt: Challenges, Barriers, and Planning Strategies, by Wayne J. Caldwell, for The Greenbelt Foundation, Draft: April 22, 2013. Ontario Ministry of Municipal Affairs and Housing, Oak Ridges Moraine Conservation Plan, Queen's Printer for Ontario, 2002 Ontario Ministry of Municipal Affairs and Housing, Provincial Policy Statement, 2005 Ontario Ministry of Municipal Affairs and Housing, Proposed Changes to Provincial Policy Statement, 2012 Ontario Ministry of Municipal Affairs and Housing, Greenbelt Plan, Queen's Printer for Ontario, 2005 Squair, John; The Townships of Darlington and Clarke, University of Toronto Press, Toronto, 1927 Draft Region of Durham Agricultural Strategy and Action Plan, 2013-2018, Durham Region, April 2013. Countryside Discussion Paper—August 2013 64 Appendices APPENDIX 1 What about Secondary Agricultural and Non-Agricultural Uses in the Countryside? Primary Use in the Countryside Agriculture is the primary use in the countryside. Any secondary uses need to be made with the primary use in mind. While there may be demand for other uses they should be viewed through the lens of how they are going to affect normal agricultural practices and if they are compatible. Demand The Draft 2012 Provincial Policy Statement says that agricultural uses, agriculture-related uses, on farm diversified uses and normal farm practices should be protected and promoted in accordance with provincial standards. Clarington's agricultural lands have been facing increasing development pressures due to their location on the eastern edge of the GTA. Access to major transportation routes and markets offers the opportunity for the development of secondary agricultural uses such as on-farm processing of value-added products and agri- tourism that will have the potential to increase the viability of some agricultural operations. In consultation with the Agricultural Advisory Committee of Clarington the addition of accessory, secondary and non-farm (non-agricultural) uses beyond those that are already permitted, should be considered with caution. Some uses could hinder or disturb adjacent farm operations. Issues: Scale—generally small scale not an issue Special events/non-farm related uses Compatibility with surrounding agricultural and rural residential uses Existing Policies Currently the Clarington Official Plan states that non-farm uses are to be directed to settlement areas. Agriculture Areas are to be used only for farm and farm-related uses, including the use of land, buildings, and structures for nurseries, the growing of crops and the raising of livestock. Home-based occupations, limited home industry use, and seasonal farm produce stands for local produce are also permitted uses. Farm-related industrial/commercial uses, home-based occupations, and home industry uses such as riding and boarding stables, dog kennels, farm produce outlets, and sod farms are allowed. Countryside Discussion Paper—August 2013 65 Framework for decision-making for agri-related secondary uses and non-agriculture uses In dealing with diversification of uses in the countryside, the following principles should be used to determine what constitutes an acceptable diversified and/or secondary use: a. The right to farm, including the right of an adjacent property to farm. b. Protection of the agricultural land base (e.g. parcel size, fragmentation). c. Protection of the integrity of agricultural lands for farming (e.g. does the use require the soil nutrients to be a viable use). d. Main purpose of allowing on-farm diversified uses is to increase financial returns for farmers and as a result improve the viability of farming. e. On-farm diversified uses and value-added activities must not detract from the primary agricultural function. f. The potential for land use conflicts that may arise from the allowing of non-farm (non- agricultural) uses should be minimized (e.g. traffic impacts, nuisance). g. Allowing non-agricultural uses in the countryside should not negatively impact the financial situation of adjacent farms. h. Given the diverse rural countryside, controls for scale and impact should be considered on a case-by-case basis for secondary non-agricultural uses (e.g. zoning amendment). Council requested staff consult on secondary agricultural and non-agricultural uses as part of the Official Plan Review: "WHEREAS the Clarington Planning Services Department will be holding public meetings in rural Clarington as part of the Municipality's "Public Engagement Strategy" component of the Official Plan Review to gather feedback for the Natural Heritage Systems and the Rural Countryside Discussion Papers; WHEREAS it is time to address the needs of rural landowners, including both farmers and rural property owners, by amending Clarington's Zoning By-law to consider for greater flexibility that reflects the modern reality that many agriculturally and rurally based operations in Clarington now include various secondary uses; WHEREAS a "Zoning amendment to cover rural areas" has already been identified as an objective in the Part II, "Planning for the Countryside" component of the Official Plan Review process in order to conform with Amendment 114 to the Region of Durham Official Plan, the Greenbelt Plan and the Provincial Policy Statement, 2005; AND WHEREAS promoting efficient government resource management is a desirable policy objective; Countryside Discussion Paper—August 2013 66 NOW THEREFORE BE IT RESOLVED THAT the Clarington Planning Services Department expand the scope of the public consultation process that will be taking place as part of the Official Plan Review to collect additional feedback relevant to updating the Zoning By-law for the rural areas of the Municipality to examine greater flexibility for potential secondary uses to agriculture and non-agricultural uses; THAT an updating of the Zoning By-law for the rural areas of the Municipality to consider greater flexibility for potential secondary uses to agriculture and non-agricultural uses be commenced by the Clarington Planning Services Department no later than January, 2013; and THAT the Agricultural Advisory Committee be invited to provide input and collaborate with the Planning Services Department through the entire process of updating the Zoning By-law for the rural Clarington areas to consider for secondary uses to agriculture and non-agricultural uses." Council Resolution#C-095-12 Proposed Policy Direction Agricultural secondary uses will have to meet the PPS proposed direction of being agricultural- related. The framework for decision-making should be employed when considering an amendment for a secondary agricultural use. Non-agricultural Secondary Uses that meet the criteria set out in listing above could be considered by amendment to the Official Plan in the green space designation. Next iej:�, Obtain feedback on the proposed framework for decision-making and proposed policy direction, for secondary agricultural uses and non-agricultural uses. The questionnaire for the Public Information Sessions will include questions about secondary agricultural and non- agricultural uses. Countryside Discussion Paper—August 2013 67 APPENDIX 2 What about Golf Courses? Demand There will be significant demand to develop new golf courses in rural areas within the Greater Toronto Area (GTA) in the future. In 2002, it was estimated that there were approximately 270 golf courses in the GTA. It is anticipated that there may be need for an additional 150 golf courses in the GTA within the next twenty years. Currently there are five 18-hole golf courses, three 9-hole courses and three driving ranges within the Municipality of Clarington. It is suggested that the average golfer will travel 30 to 35 minutes to play golf. Considering Clarington's proximity to the urban areas of the eastern GTA, it is anticipated that the Municipality's rural areas may be seen by developers as ideal for the siting of new golf courses. In 2000, Durham had 41 golf courses and it was estimated that an additional 58 to 84 golf courses would be required by 2021, depending on whether demand remains consistent or continues to grow. It is anticipated that Clarington will be one of the Municipalities that will have golf course growth as the urban population increases because of its proximity to the population and available land suitable for golf course development. Existing Policies Currently golf courses can be allowed by amendment to the local and regional Official Plans based on the policies noted below. Requiring amendments means that the Municipality and Region have the ability to control the type of development, and review the design, maintenance and management program of the golf course. In addition, input of other approval agencies that have an interest (e.g. conservation authority) can be obtained. Golf course development in Clarington has been constrained due to the policies of the existing Official Plan. They are allowed by amendment in the designations of green space, waterfront greenway and in agricultural areas if a number of conditions can be met. With the change from the two tier agricultural designation of "general" and "prime" to a single designation, golf course development in the agricultural areas is necessary. Once golf courses are developed on agricultural lands, the value of the land is diminished from a public interest perspective as they are no longer producing food for consumption and their conversion back to productive land is difficult. Thus, it is important to ask when the principle of protecting agricultural land takes precedence over the development of golf courses, especially Countryside Discussion Paper—August 2013 68 when such developments take agricultural land out of production and can introduce incompatible uses into a predominantly rural area. Proposed Policy Direction In dealing with the design and development of golf courses in the Municipality of Clarington, the following should be addressed: • An enhanced understanding of and coordinated approach to the development of criteria for golf course location, design, development and maintenance, based on considerations of sustainability. • Golf course locations that do not eliminate prime agricultural lands from production and do not disturb significant environmental features. The following list comprises potential policy options: • Revisit the policy direction on the ORM. The Oak Ridges Moraine Conservation Plan Amendment 33 and 34 to the Clarington Official Plan restricted golf courses from being located on the Moraine; however they could be allowed within the Protected Countryside on soils of lesser value for agriculture (e.g. areas designated as green space in Clarington's Official Plan and in particular aggregate rehabilitation areas). • Add policies to direct golf courses to lands considered less viable for agricultural use. An alternative agricultural land evaluation system approved by the Province, such as the Land Evaluation and Area Review (LEAR) system, can be utilized to determine if the agricultural lands in the green space and waterfront greenway designations should be allowed to develop as golf courses. According to the LEAR guide prepared by the Ministry of Agriculture Food and Rural Affairs, "central to this process is the evaluation of the land resource based on soil capability for agriculture. Notwithstanding the capability rating, lands are also subjectively reviewed against several factors which could either enhance agricultural potential (i.e. irrigation systems, capital investment for farm infrastructure, tile drainage etc.) or diminish its long term capability for food production (i.e. property fragmentation, intrusion of non farm uses, etc.)" • Encourage golf courses to locate within and adjacent to designated urban areas. Direct new golf courses to lands immediately adjacent to existing urban areas, permitting golf courses as close to their market as possible and on lands that are designated as urban separators, thus, reducing the likelihood for land use conflicts in the rural area. The golf course could be considered an ideal buffer between active agricultural lands and urban uses. Golf courses are a long-term business venture with large initial capital costs that rely on many years of use to obtain an overall return on investment. There are Countryside Discussion Paper—August 2013 69 examples of integrated housing and golf course developments and this type of development could be considered in the whitebelt by amendment. • Additional policies setting out criteria for how golf courses should be developed. Include new policies in the Official Plan requiring a "net environmental gain" policy for projects. Include a recognized standard from the golf industry such as the Audubon Cooperative Sanctuary Program Standards. Include development policies requiring that irrigation water be obtained primarily from surface run-off and surface sources, that the natural topography be maintained, that buffer strips along streams be used and operational practices manage and maintain the golf course on an ecological basis. Countryside Discussion Paper—August 2013 70 APPENDIX 3 Excerpt from "Economic Base and Employment Lands Discussion Paper, July 2, 2010" for the Clarington Official Plan Review Agriculture: Agriculture is an important part of the economy in Clarington. A significant portion of agricultural activity in the Region takes place within Clarington. The importance of agriculture is not just confined to the agriculture sector which is strictly defined as farming. It also includes a number of businesses in other areas such as food manufacturing, food retail, and agri-tourism, and therefore is significant as an economic cluster. The total number of farms in Clarington in 2006 was 437, with the total area of farms reported by Statistics Canada as 33,074 hectares (25 percent of farm hectares reported for Durham Region). The average area of farms in Clarington is reported by Statistics Canada as 76 hectares. The number of farms and the number of hectares farmed in Clarington decreased between 2001 and 2006. Based on Statistics Canada data, there were 462 farms and 34,363 hectares of farmland in Clarington in 2001: the number of hectares being farmed decreased by nearly 1,300 or 6 percent between 2001 and 2006. The total value of farm receipts (excluding any forest products sold) in Clarington in 2005 was roughly $57.6 million, which represents about 24 percent of the gross farm receipts in Durham Region. As shown in Table 6, most of the farms in Clarington are relatively small operations, with about 33 percent having gross revenues of under $10,000. About 24 percent had gross revenues of $100,000 or more (including nearly 7 percent that had gross revenues of $500,000 or more), which is consistent with Durham Region overall. Based on Statistics Canada Agricultural profile information, 78 of the 437 farms had paid agricultural workers year-round in 2005 (about 18 percent); 111 had seasonal or temporary paid workers. The number of farm operators in Clarington in 2006 was 640, which represents about 26 percent of the farm operators in Durham Region, which was considerably higher than the portion Clarington comprised of jobs overall in the Region (around 10 percent). The number of farm operators in Clarington in 2006 was slightly lower than in 2001 (665). It appears that most farm operators also do other non-farm related work, with about 48 percent of farm operators only working at the farm. About 25 percent worked more than 40 hours a week at a non- agricultural operation in 2005. Further data is available on the Agriculture Sector in Clarington through Statistics Canada's Agriculture Community Profiles. Countryside Discussion Paper—August 2013 71 Table 6 Farms in Clarington Classified by Total Gross Farm Receipts for 2005 Value of Total Gross Farm Receipts Number of Farms Percenta Under $10,000 144 33.0% $10,000 to $24,999 80 18.3% $25,000 to $49,999 63 14.4% $50,000 to $99,999 44 10.1% $100,000 to $249,999 55 12.6% $250,000 to $499,999 21 4.8% $500,000 to $999,999 17 3.9% $1,000,000 to $1,999,999 8 1.8% $2,000,000 and over 5 1.1% Total number of farms 437 100.0% Source: Statistics Canada, 2006, Census of Agriculture It is likely that the supply of agricultural lands presently being farmed in Clarington will decline slightly as a result of a redevelopment since a portion of these lands are designated for residential and employment uses, as well as farm land that will be lost as a result of the Highway 407/401 Link. Agricultural employment may also be reduced due to the trend towards greater automation in farming, resulting in the need for fewer employees, and larger farms for greater economies of scale. Prime agricultural lands in Clarington will be protected through Offical Plan designations and zoning, and it will be important that adequate buffering and transitioning of lands surrounding farm operations (particularly livestock farms) be provided to help existing farms remain viable. The importance of agriculture is not just confined to the agriculture sector which is strictly defined as farming. It also includes a number of businesses in other sectors such as food manufacturing, food retail, and agri-tourism, and therefore is significant as an economic cluster. 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