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HomeMy WebLinkAboutPD-62-90 TOWN OF NEWCASTLE ANARASxA REPORT F i l e # 3s­. /o Res. # ��. By-Law # MEETING. General Purpose and Administration Committee DATE: February 5, 1990 REPORT #: PD- 62-90 FILE #: SUBJECT: DANA ASKA HEADWATERS - ONTARIO ENVIRONMENTAL ASSESSMENT ADVISORY COMMITTEE - REPORT NO.38 FILE: 17 .9 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 62 -90 be received; 2 . THAT Report PD-62-90 be forwarded to the Ministry of the Environment as the Town's position with respect to the recommendations contained within the Ontario Environmental Assessment Advisory Committee's Report No. 38 to the Minister; 3. THAT the Region of Durham Planning and those persons listed in this report and any delegation be advised of Council's decision. 1. BACKGROUND 1. 1 On July 6, 1989, the Honourable Jim Bradley, Minister of the Environment, asked the Environmental Assessment Advisory Committee to provide advice on the adequacy of the existing environmental planning and approvals process to protect the Watershed of the Ganaraska River in view of potential development in the Watershed area. The referral arose from a request by local residents for designation under the . . .2 599 � � REPORT NO. : PD- 62 -90 PAGE. .2 Environmental Assessment Act of the Reid/Reyneart estate residential subdivision proposal located within the headwaters area of the Ganaraska River. After reviewing this request, the Minister decided that "the environmental impacts are not significant enough to warrant the preparation of an individual environmental assessment of the. . . .development. " The Minister stated, however, that the "long term effect of development in the Ganaraska Watershed are important. . . " and asked the Committee to carry out an open, public review. 1.2 The Committee notified local municipalities including the Region of Durham and the Town of Newcastle; local residents and others who had expressed an interest in protection of the area; provincial and environmental groups; the Ganaraska Region Conservation Authority (GRCA) ; affected provincial ministries and agencies; and local media. 1. 3 The Committee held a public meeting in Newcastle Village Community Hall on Thursday, September 7, 1989, in order to receive oral submissions . The Committee also met with Ontario government agencies on September 13, 1989, to hear submissions on existing provincial planning and approval requirements, policies, and guidelines to protect watersheds or other environmentally significant areas. 1.4 Although the Minister asked the Committee to provide advice on the adequacy of the existing planning and approvals process to protect the Watershed, both the original designation request to the Minister and submissions focused on concerns about protection of the headwaters area located in the Town of Newcastle, which is in Durham Region. Consequently, the Committee's report and recommendations also focus on this area. . . . 3 599 23 REPORT NO. : PD- 62 -90 PAGE. . .3 1.5 A copy of the Environmental Assessment Advisory Committee's report was previously circulated to each of the General Purpose and Administration Committee members . 2. ENVIRONMENTAL ASSESSMENT ADVISORY COMMITTEE REPORT RECOMMENDATIONS 2 . 1 The recommendations developed by the Environmental Assessment Advisory Committee address issues specific to the Ganaraska Watershed as well as generic concerns related to the existing environmental planning and approvals process. The recommendations suggest changing and introducing policy initiatives at Local, Regional and Provincial levels of government. 2 .2 The first five recommendations of the Ontario Environmental Assessment Advisory Committee Report No. 38 to the Minister correspond to the development of policies for the Ganaraska Headwaters within the Durham Region Official Plan. 2 . 3 ADVISORY COMMITTEE RECOMMENDATION 1: "The Minister of the Environment should urge the Region of Durham to carry out studies of the following as part of its current Official Plan review: nature and extent of the ground water resources in the headwaters area and potential cumulative impacts of land use changes; nature and extent of surface water resources including all information required for the creation of a master drainage plan for the Watershed; and wildlife (flora and fauna) in the area and its vulnerability to the potential cumulative impacts of land use changes in the area. " On January 9, 1990, the Region of Durham Staff presented the Draft Changes to the Durham Regional Official Plan. Provision 12 . 3 . 8 of new policies addresses Recommendation 1, and states that: 599 24 . . .4 REPORT NO. : PD- 62 -90 PAGE. .4 Regional Council shall endeavour to preserve the rural character, natural resources and environmental features of the Oak Ridges Moraine as defined on Map "A" within the Major Open Space System. The area of the Ganaraska headwaters shall be preserved as a natural area until studies have been carried out and provisions incorporated in the Plan and the local official plan addressing: a) the nature and extent of the ground water resources in the headwaters area and potential cumulative impacts of land use changes; b) the nature and extent of surface water resources; and c) wildlife (flora and fauna) in the area and its vulnerability to the potential cumulative impacts of land use changes in the area. This provision ensures that the studies recommended will be conducted, but not however, as part of the current Official Plan review. Instead of delaying the implementation of the new policies in their entirety for the whole of the Region, Regional Staff have proposed that the Ganaraska Headwaters be preserved in their natural state until the necessary studies have been completed. The Town of Newcastle agrees with the policy approach established by the Region. If the aforementioned studies for the Ganaraska were to be conducted as part of the current Official Plan review, implementation of new policies for areas outside the Ganaraska headwaters would be delayed unnecessarily. However, the Region should consider the Ganaraska Headwaters a "Special Study Area" . Identifying the headwaters a "Special Study Area" would more visibly express the Region's intent to undertake the necessary studies and to preserve the headwaters in their natural state until appropriate policies are developed. 599 25 . . .5 REPORT NO. : PD- 62 -90 PAGE. .5 2.4 ADVISORY COMMITTEE RECOMMENDATION 2: "The Ministry of the Environment, the Ministry of Natural Resources and other provincial ministries with relevant responsibilities, should participate in funding and provide technical assistance to the Region of Durham to carry out the studies advocated in Recommendation 1. " The Town of Newcastle concur with this recommendation. Without provincial participation in funding and the provision of technical assistance, the Region would be hardpressed to co- ordinate and complete the necessary studies . As was previously the position of the Town, the Town does not possess the resources to provide either funding or technical expertise toward these studies . 2 .5 ADVISORY COMMITTEE RECOMMENDATION 3: "The Minister of the Environment should urge the Region of Durham to impose a temporary moratorium on official plan amendments that would allow more intensive land uses in the Ganaraska headwaters area until the studies set out in Recommendation 1 are complete and a comprehensive set of revisions to the guidelines, designations and other policies in the Region of Durham Official Plan review is in place. " The Environmental Assessment Advisory Committee have defined development as the intensification of land uses within the context of their report. As such, the Committee has recommended that a temporary moritorium be placed on Official Plan amendments that would allow more intensive land uses. Proposed provision 12 . 3 .8 of the Draft Changes to the Durham Region Official Plan addresses this recommendation by stating that "the area of the Ganaraska headwaters shall be preserved as a natural area until studies have been carried out and provisions incorporated into this Plan. " The Town of Newcastle agree with this recommendation and believe that the recommendation is addressed by proposed 599 26 . . . 6 REPORT NO. : PD- 62 -9 0 PAGE. . . 6 provision 12 .3. 8 of the Draft Policies for the Durham Region Official Plan. The recommendation is also flexible enough in its wording, that amendments may be allowed which will strengthen existing environmental policies . Clarification should be made however, between placing a moratorium on applications involving land use intensification, and interim preservation of the Ganaraska headwaters as a natural area. The Environmental Assessment Advisory Committee have not defined what changes of land use policy may be considered "land use intensification" within this report, nor has the Region adequately defined "natural area" . The Town of Newcastle recommends that "land use intensification" be defined by the Region and provided for within the final draft of the policies for the Durham Region Official Plan. Finally, the recommendation does not address whether a moratorium is to be placed on active applications within the headwaters . The following are active applications within the headwaters: i) OPA 88-020/D, Canadian Building Materials, Gravel Pit ii) OPA 88-107/D, Reid/Reynaert, Estate Residential iii) OPA 89-004/D, Taylor Sand & Gravel, Gravel Pit iv) OPA 89-005/D, Veltri, Service Station The Town of Newcastle believes that these applications should be exempt from the recommended moratorium. The Reid/Reynaert and Veltri applications have been referred to the Ontario Municipal Board and should be dealt with by this body independent of the study at hand. 2 . 6 ADVISORY COMMITTEE RECOMMENDATION 4: "The Minister of the Environment should direct Ministry staff who comment on proposed official plan amendments and applications for subdivision approval in the Ganaraska Watershed, to oppose all such applications for the headwaters 599 21 . .7 REPORT NO. : PD- 62 -90 PAGE. .7 area until the necessary environmental studies are done and the official plan revisions are complete. " The Town of Newcastle agrees with this recommendation. Applications submitted to the Region to amend the Official Plan, prior to the completion of the necessary studies for the headwaters, will have to be circulated to various agencies. Ministry commitment to providing negative comments will aid the Town in its attempts to deny all such applications within the headwaters as premature until such time as the necessary studies are complete and corresponding provisions in place. 2 .7 ADVISORY COMMITTEE RECOMMENDATION 5: "The Province should declare that land use changes in the Ganaraska headwaters area are matters of "provincial interest" under Section 17( 19) of the Planning Act, and that the Province will use its authority to impose a temporary moratorium on official plan amendments affecting the environment of the Ganaraska headwaters area. " If the Province feels strongly about this recommendation, the Town offers no objection, but would however, recommend a Ministerial zoning order, as per Section 46 of the Planning Act, for the Ganaraska headwaters . 2 . 8 ADVISORY COMMITTEE RECOMMENDATION 6: "If the temporary moratorium is not established effectively through adoption of Recommendations, 3,4 and 5, the Minister of the Environment should ask Cabinet to designate under the Environmental Assessment Act all proposals for land use intensification in the Ganaraska headwaters area. " The Town of Newcastle is opposed to the adoption of Recommendation 6 and believe that a temporary moratorium can be established through the adoption of Recommendations 3, 4 and 5 . -599 28 . . . 8 REPORT NO. : PD- 62 -90 PAGE. .8 2 .9 ADVISORY COMMITTEE RECOMMENDATION 7: "In its current review of the role and mandate of conservation authorities, the Province should consider how to give the authorities a more effective role in the land-use planning process, especially in protecting against negative cumulative effects of land-use planning policies and approvals. " The Town offers no objection to this recommendation and recognize the needs to improve the staff resources of the Conservation Authorities. 2 . 10 Recommendations 8 and 9 deal specifically with the planning approach as it relates to the Oak Ridges Moraine. ADVISORY COMMITTEE RECOMMENDATION 8: "The Province should initiate immediately a process for developing a comprehensive approach to land-use planning and environmental protection for the Oak Ridges Moraine. " ADVISORY COMMITTEE RECOMMENDATION 9: "While a comprehensive approach to land-use planning and environmental protection for the Oak Ridges Moraine is being developed, the provincial government should identify and implement an effective means of ensuring interim protection of the Moraine. This could be accomplished, for example, by declaring development on the Oak Ridges Moraine a matter of provincial interest and setting up procedures for provincial review of the overall environmental effects of proposed changes to land use on the Moraine. " The Environmental Assessment Advisory Committee have identified that the Oak Ridges Moraine is significant as a water recharge area, a recreational area, a linear green space area and an area of rich mineral resources. As such, the Committee suggests that a comprehensive planning approach be established in the Moraine, in one of the following ways: i) declaring "provincial interest' in the Oak Ridges Moraine; 599 29 . . . 9 REPORT NO. : PD- 62 -90 PAGE. . . 9 ii) issuing a policy statement under Section 3 of the Planning Act, addressing development in the Oak Ridges Moraine; iii) using the designation provisions of the Environmental Assessment Act; iv) establishing an independent planning body similar to the Niagara Escarpment Commission to oversee a comprehensive planning approach; or v) a combination of these options . The Town of Newcastle agree with the principle of a comprehensive planning approach for the Oak Ridges Moraine and feel that this issue is worthy of more detailed study, and would be interested in participating further in the study process . However, the Town would caution the implementation of option iii) . The Town questions whether the Niagara Escarpment Commission has been effective in addressing environmental quality issues for the escarpment. 2 . 11 Recommendation 10 and 11 refer to the co-ordination of the Ministry of the Environment and the Ministry of Municipal Affairs in assuring environmental concerns are addressed appropriately through the planning and approvals process . ADVISORY COMMITTEE RECOMMENDATION 10: "The Province should recognize that the existing land-use planning and approvals process does not provide satisfactory means of protecting the environment, especially from the negative cumulative effects of intensifying land use, and should begin immediately to prepare a package of reforms to incorporate effective commitment to environmental stewardship in land-use planning in Ontario. 599 30 . . . 10 REPORT NO. : PD- 62 -90 PAGE. . . 10 To accomplish this, the Minister of the Environment and the Minister of Municipal Affairs, in consultation with other interests including regional and municipal authorities, should co-operate in determining whether the basic requirements for an environmentally enlightened land-use planning process should be met through revision of the Planning Act, application of the Environmental Assessment Act, or introduction of new legislation incorporating assessment and stewardship into planning requirements. In particular, the ministers should act to ensure that the efforts of the Ministry of the Environment's Environmental Assessment Program Improvement Project and the Ministry of Municipal Affairs ' current review of the planning process are directed and co-ordinated to address this issue. " ADVISORY COMMITTEE RECOMMENDATION 11: "The Minister of the Environment should direct the Environmental Assessment Program Improvement Project to initiate an immediate review of options under the Environmental Assessment Act for ensuring effective attention to environmental concerns in land-use planning decisions. The Town of Newcastle wishes to be put on record as requesting to be consulted with respect to any proposed changes to the Environmental Assessment Act or Planning Act. 2 . 12 Recommendations 12, 13 and 14 address the concerns surrounding the cumulative effects of development on the environment. ADVISORY COMMITTEE RECOMMENDATION 12: "The Minister of the Environment should urge the Minister of Municipal Affairs to introduce an immediate amendment to the Planning Act to establish clearly that consideration of overall environmental quality issues and cumulative environmental effects as legitimate and necessary components of deliberations by municipal authorities, the Ministry of Municipal Affairs, the Ontario Municipal Board and the Cabinet on official plans, official plan amendments and related approvals . " 599 31 . . .11 REPORT NO. : PD- 62 -90 PAGE. . 11 ADVISORY COMMITTEE RECOMMENDATION 13: "The Minister of the Environment should direct Ministry representatives involved in reviewing proposed official plans, plan amendments and site-specific proposals, to comment on the nature and significance of any cumulative environmental effects likely to result from an approval. In support of this initiative, the Minister should ensure that Ministry reviewers develop and clear and uniform understanding of issues pertaining to cumulative effects and appropriate comments to make when these issues arise. The Minister should also direct the reviewers to monitor responses in cases where significant concerns about potential cumulative effects are raised. " ADVISORY COMMITTEE RECOMMENDATION 14: "The Minister of the Environment should announce the government's intention to designate under the Environmental Assessment Act any planning proposal that raises significant, unattended concerns about cumulative environmental effects. " The Region of Durham Staff have addressed the issue of cumulative impacts in its recent release of the Draft Changes to the Durham Region Official Plan. Proposed provision 20 .3 . 32 d) reads, "where an environmental impact study is required: an assessment of the cumulative impact of the proposed development on existing conditions of the site and its surroundings, including the impact on environmentally sensitive areas; " . The Town of Newcastle believes that the introduction of this policy to the Durham Region Official Plan is a step towards assessing cumulative effects of development and that an environmental impact study of this type will also aid in the Ministry's review of development applications and their submission of appropriate comments . Furthermore, negotiations between the Ministry of the Environment and the Ministry of Municipal Affairs towards amending the Planning Act is worthy 599 � 2 . . . 12 REPORT NO. : PD- 62-90 PAGE- 12 of further study. Staff would appreciate being kept abreast of these negotiations and would be interested in participating in the study process . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. Lawrence E Kotseff Director of Planning Chief A ikistrative and Development Officer JB*DC*FW*df *Attach 31 January 1990 Interested parties to be notified of Council and Committee's decision: Michael D. McLeod Acting Assistant Director, Environmental Assessment Branch, Ministry of the Environment, 250 Davisville Avenue, Toronto, Ontario. M4S 1H2 Katherine Guselle/SAGA 45 Connaught Street, Oshawa, Ontario. LIE 2H1 MacNaughton, Hermsen, Britton Planning Limited, 171 Victoria Street North, Kitchener, Ontario. N2H 5C5 5 9 / J �