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HomeMy WebLinkAboutPD-261-90 TOWN OF NEWCASTLE �T-GTA.GPA REPORT Fi le #,4,5-. t3 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: I September 4, 1990 REPORT #: PD-261-90 FILE #: SJUCT: OPTIONS FOR A GREATER TORONTO AREA GREENLANDS STRATEGY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PD-261-90 be received; 2 . THAT the Region of Durham be forwarded a copy of Report PD- 261-90 . 1. BACKGROUND 1. 1 On October 17, 1989 , Premier David Peterson asked Ron Kanter, M.P.P. St. Andrew-St. Patrick, to conduct a study and recommend options for a Greenlands Strategy for the Greater Toronto Area. On July 26, 1990, Ron Kanters overview, 'Options for a Greater Toronto Area Greenlands Strategy 19901 , was released and received by the Town of Newcastle. 2. STUDY TERMS 2 .1 Tasks To examine options for developing a Greater Toronto Area Greenlands Strategy, three main tasks were undertaken: REPORT NO. : PD-261-90 PAGE 2 i) the identification of areas to be included in a regional greenlands system; ii) the examination of various mechanisms to secure and, as appropriate, to rehabilitate or enhance greenlands; and iii) the examination of alternative institutional arrangements to assist in implementing a strategy. 2.2 In undertaking this study, the study team contacted representatives from various government bodies, umbrella interest groups, academics, and professionals . On February 21, 1990, Town Planning Staff responded to a questionnaire circulated by Mr. Ron Kanter, M.P.P. 2.3 The study perspective was regional, not local, in focus. Areas were examined with a view to inclusion in a Major greenlands system for the GTA. As a result, local municipal parks and open spaces were not specifically included. Such lands, however, do have a definite role to play by feeding into a larger regional greenlands system. The study team quickly became aware that there are many organizations involved, to varying degrees, in greenlands . The question most often posed by these organizations was how this particular study related to the initiatives of other organizations. The study team thus developed the approach that the study was intended to develop options for a greenlands strategy, and that this strategy would provide an overview or overall framework for greenlands . REPORT NO. : PD-261-90 PAGE 3 3. STUDY CONTENT 3. 1 Defining Greenlands and the Importance of Developing a Strategy The study first identified a definition of greenlands and why it is important to develop a strategy to protect and utilize them. The study overview notes that "Greenlands" have traditionally been viewed primarily as public recreation parks . In recent years, however, a fundamental shift in thinking has been occurring. People are starting to consider greenlands as significant with respect to their own personal health and enjoyment as well as to the overall health of the environment. The importance of natural ecosystems, significant wildlife habitats, of rested areas and major physiographic features is an emerging public value. "Greenlands" were thus defined within the study to include: natural, cultural or archaeologically significant areas; areas performing important natural functions such as water recharge and discharge or habitate links; and, green corridors or open space areas for walking, jogging, hiking, cycling, or cross country skiing. Acknowledging that future growth within the GTA could jeopardize the balance between our built and natural environments, this study suggests that a Greenland Strategy would aid in: providing clear direction; addressing the pressures on greenlands associated with rapid urbanization; REPORT NO. : PD-261-90 PAGE 4 providing information so that significant open space and natural areas can be incorporated upfront in the planning and development process; and, providing a common, consistent starting point for all interests-governments, developers, interest groups and residents - and indicating the areas of priority. 3.2 Development of a Proposed Greenlands System The study recognizes a total of 975 individual greenland areas/features, (Attachment 1) , and suggests that an ecosystem-based approach be taken to link and connect these individual areas . Special attention was also given to determining the significance, sensitivity and ultimate role of the Oak Ridges Moraine. The study further suggests the development of a Regional Trail System which would serve to link the major physiographic features of the GTA. 3.3 Managing Greenlands The Study also examined how best to 'manage' the greenlands area over time. It was noted that neither urbanization nor greenlands are defined by municipal boundaries alone. Instead, greenlands should be viewed within an overall ecosystem context. An ecosystem is the system formed by the interaction of all living things with one another and with their habitat. For example the preferred management approach would address an entire valleyland, rather than the portion of that valleyland which is located in one particular municipality. 3.4 Options for Securing Greenlands The study team examined methods of securing greenlands . The options identified within the study include: land use planning REPORT NO. : PD-261-90 PAGE 5 and controls; development permit system; acquisition; land stewardship; and other mechanisms . These options are summarized as follows : I. Land Use Planning and Controls: The study recognizes that land use planning in Ontario is performed at three levels - by local municipalities, regional municipalities and the province. Local Municipalities: i) That a portion of the land obtained through parkland dedication, be requested specifically for greenlands as opposed to parks . ii) That where valleylands are subject to a development application, municipalities could be formally given the ability to request dedication of valleylands in addition to the usual parkland dedication. iii) That municipalities be given greater control over site preparation, to ensure that sites are not left exposed and subject to runoff and erosion. Regional Municipalities: i) That development of greenland and rural envelopes be established in Regional Official Plans. ii) That Regional Municipalities take an active role in the implementation of a greenlands strategy, and that the Region prepare a 'greenlands action plan' . The plan would fine tune the greenlands strategy and incorporate information from local municipalities and conservation authorities . `) / 4 REPORT NO. : PD-261-90 PAGE 6 Province: i) Preparation of provincial guidelines geared towards securing greenlands . ii) Preparation of a Policy Statement under Section 3 of the Planning Act, which would include a greenlands strategy. iii) Preparation of land preservation legislation. iv) Declaration of provincial interest under Section 2 of the Planning Act with respect to the Oak Ridges Moraine. v) Bring into force a Minister's Interim Control or Zoning Order for the Oak Ridges Moraine. vi) Preparation of detailed plans for the Oak Ridges Moraine under the Ontario Planning and Development Act, a designation of a public body such as the Niagara Escarpment Commission. II . Development Permit System: i) Amend Conservation Authorities Act so that control of buildings or structures anywhere in valleys and control of the removal of material as well as the dumping of fill. ii) Expand the definition of 'conservation' within the Conservation Authorities Act to include the protection of natural features . iii) Develop well water permit system which takes into account cumulative effects of development, and would REPORT NO. : PD-261-90 PAGE 7 establish a 'water budget' . iv) Investigate alternative septic designs for sensitive areas such as the Oak Ridges Moraine. III. Acquisition: i) Establish a greenlands acquisition program in the order of $100 million over 5 years . IV. Land Stewardship: i) Investigate various land stewardship techniques which include agreements, leases, conservation easements with private landowners as well as purchase/sale back, creative development approaches, conservation real estate, designation and dedication of areas . ii) Establish a foundation or land trust to oversee the implementation of a land stewardship program. iii) Establish tax incentives to those who practice land stewardship. V. Other Mechanisms: i) Amend the 'Trees Act' to give municipalities greater authority to restrict and regulate the destruction of trees . ii) Encourage Compact Urban Form and the Clustering of Development. iii) Establish buffer zones along valleys and watercourses . '� / 6 REPORT NO. : PD-261-90 PAGE 8 3.5 Institutional Arrangements The study team examined possible institutional arrangements to help implement the strategy. The study identifies three possible arrangements: i) existing agencies and organizations could implement those aspects that fall within their respective mandates; ii) create a new agency; or iii) establish a co-ordinating body, without legislative authority, to oversee implementation. The study suggests that the appropriate institutional arrangement be decided once a GTA Greenland Strategy is prepared. 4. STUDY CONCLUSIONS AND RECObMNDATION After a review of the options for securing greenlands, the Kanter Report reached six main conclusions: 1. There is need to urgent action due to strong development pressures . 2 . Greenlands are being considered in a broader context, more than park and open space areas . 3 . There are many public bodies and groups involved in the protection of greenlands but there is no central focus . 4 . More specific attention must be paid to the Oak Ridges Moraine. REPORT NO. : PD-261-90 PAGE 9 5 . A more regional context must be given in consideration of impacts and "cumulative effect" of specific developments . 6 . Regulation, stewardship and acquisition must be used as complementary tools to secure greenlands. Mr. Kanter subsequently makes 16 recommendations to the Government on a Greenlands Strategy for the Greater Toronto Area. A synopsis of the study's conclusions and recommendations are attached hereto as Attachment 2 . 5. STAFF COMMENTS 5. 1 The purpose of this report is to inform Council and Committee of the background behind, and the content of the Kanter Report 'Options for a Greater Toronto Area Greenlands Strategy' . The Province has requested comments by November 5, 1990. Staff will continue to review this study and will prepare a response for Council endorsement prior to the deadline. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrence Kotseff Director of Planning Chief Ad i istrative and Development Officer JB*DC*FW*df *Attach 21 August 1990 I Attachment 1 NUMBER OF GREENLAND FEATURES/AREAS IN GREATER TORONTO AREA BY MUNICIPALITY MUNICIPALITY GREENLAND PEEL. HALTON YORK METRO DURHAM GTA ELEMENT TORONTO TOTAL Provincially Significant Life 6 11 9 4 10 40 Science ANSIs Provincially Significant 8 8 6 3 4 29 Earth Science ANSIs Regionally Significant Life 10 11 15 7 4 42 Science ANSIs Total ANSIs 24 30 30 14 18 111 Provincially Significant 5 10 7 1 20 43 (Class 1+2) Wetlands Regionally Significant 6 6 6 2 12 32 (Class 3) Wetlands Locally Significant 21 82 37 2 49 192 (Class 4 to 7) Wetlands Total Wetlands 32 98 50 5 81 267 Coldwater Streams 4 11 10 0 21 36 Warmwater Streams 3 3 14 3 8 31 Migratory Streams 1 4 0 1 9 15 Total Streams 8 18 24 4 38 82 ESAs 48 39 64 50 82 283 Provincial Parks 1 1 2 0 1 5 Other MNR (Crown) Lands 0 4 2 0 6 12 Conservation Areas 7 11 20 1 17 56 Other Cons. Auth. Lands 32 25 20 24 16 117 Regional Forests 0 9 18 0 1 28 TOTAL 152 235 230 98 260 975 ��) - 9 Attachment 2 RI-' )ilM/F'/VI),,(TI NS Further,the policy statement would stress the need for more intensive and clustered forms of development, thereby maximizing the (1) The Province provide clear direction through lands available for greenlands and other uses. the endorsement of a Greater Toronto Area Greenlands Strategy with the goal of improv- ing the quality of life through the establish- (5) Due to the significance and sensitivity of the ment of a regional greenlands system consist- Oak Ridges Moraine Area, the increasing ing of a variety of types of greenlands, development pressure it is under,particularly accessible to as many people as possible, for that section in the Towns of Richmond where appropriate. Hill and Aurora, and the increasing concerns about the types of development and how development occurs, the Province declare a (2) To guide land use planning and development, general expression of provincial interest for appropriate ministries prepare guidelines the Oak Ridges Moraine Area,under section addressing: (a) urban drainage/storm water (2) of the Planning Act. management;(b)water conservation(includ- ing groundwater); and (c) how existing tools The objective of declaring provincial interest i under the Planning Act can appropriately would be to provide the time required to address greenlands. conduct a comprehensive land use planning study of the Oak Ridges Moraine Area.In the interim, the Province would review all pro- (3) As greenlands serve a variety of functions,the posed official plan amendments and re- provincial resource based ministries review zoning applications within the f their management and land stewardship pro- grams to ensure that they are more widely Moraine Area.In the specific instances of the I ecologically based rather than based primar- Towns of Richmond Hill and Aurora, the I ily on economic yield or being singular in Province would also review plans of ! purpose. subdivision. Where a proposed land use change has not (4) The Province prepare a Greater Toronto adequately addressed the sensitivities of the Area Greenlands policy statement pursuant Moraine Area or where a proposed land use to section (3) of the Planning Act. change is considered premature prior to the completion of the comprehensive land use The overall thrust of the policy statement planning study, the Minister of Municipal would be to limit uses to those which would Affairs could make a specific statutory decla- not reduce the attributes of greenlands, ration of provincial interest, which would result in the matter going to the Ontario With particular reference to valleys and Municipal Board and Cabinet making the I watercourses,they should be left in as natural final decision,or make use of other powers,as a state as possible.Thus,various uses,includ- provided for under the Planning Act, ing some types of intensive recreational endeavours,would be limited. A two year comprehensive planning study of the Oak Ridges Moraine Area would be coor- To help maintain the integrity of such areas dinated by the Province and would include as valleys and watercourses, and to assist in upper and lower tier municipalities, conser- visually separating such areas from adjacent vation authorities and other interested development, the establishment of riparian groups. (natural)buffer zones of at least 10- 15 m(33 - 50 ft) would be promoted. The overall intent of the study would be a more consistent treatment of development The policy statement would stress the signifi- within the Moraine Area from one munici- cance of nodes,such as municipal parks, and pality to the next. The study would examine of pathways and corridors in linking regional the types of land uses acceptable or not greenland systems. It would also stress the acceptable within the Moraine Area and the value of municipal parks and other areas in types of background studies and controls that ! providing public access to valley systems. would be appropriate to help safeguard the sensitivity of the area. I (6) Through the official plan process, regional (8) To fill the gap between the definition of municipalities more clearly establish devel- development under the Planning Act and the opment,greenlands, and rural envelopes. specific hazard orientation of a conservation authority's regulation, amendments be made Development envelopes could be broken to the Conservation Authorities Act such that down into urban and near urban areas. the regulatory powers under section (28) of the Act are expanded so that the placing or Regional municipalities need not designate dumping of fill, the location of buildings and specific land uses within each envelope.This structures and the alteration of a waterway, would remain the responsibility of the local anywhere in a valley system,can be regulated municipalities. However, regional munici- from a conservation/protection aspect as well palities would be responsible for assessing the as a hazard aspect. overall implications of each envelope on a region wide basis from environmental, social Also, with the view to clarifying respon- and economic perspectives. The limits of the sibility, the Minister of Natural Resources envelopes could not be modified for at least a investigate any possible duplication of five year period and then could only be mod- responsibilities between a conservation ified as part of a regional municipality's over- authority's regulation and the application of all review of its official plan. the Lakes and Rivers Improvement Act. With regards to the greenlands envelopes, f each regional municipality would prepare a (9) As part of its responsibility in issuing water regional greenlands action plan to assist in taking permits under the Ontario Water implementation. Resources Act, the Ministry of the Environ- ment investigate ways of undertaking studies Each respective regional municipality would such that the overall extent of the water fine-tune the appropriate sections of a resources of a watershed or aquifer system Greater Toronto Area Greenlands Strategy can be assessed. After which, a water budget and augment it with input from the local could be determined for all the various uses, conservation authorities and local present and future, which would include an municipalities. analysis of the amount available for water i taking purposes. The action plans would also concentrate on E linking local park systems to regional green- The Ministry of the Environment undertake lands systems through the most appropriate research into more efficient septic system series of pathways and lateral connectors. designs and materials for use in areas with rapidly draining soils. This research could Upon completion of the respective action also examine communal type septic systems plans, 3 - 5 year implementation packages servicing 2 or more dwellings,thus potentially would be prepared, identifying which public reducing the present space requirements for i body or group was responsible for what estate residential lots. j aspects. (10) The Province establish a 5 year, $100 million (7) To minimize the length of time between when Greater Toronto Area greenlands acquisi- a site is prepared for development and devel- tion program. The program to be set up on a opment actually commences, amendments to matching grant basis with half the funds pro- the Planning Act be made such that site vided by the Province and the other half by ; preparation,eg.removal of vegetation,stock- local or interest groups, other government piling of top soil, etc., cannot occur until the bodies, the private sector, etc. necessary development approvals or draft approvals have been obtained. While recognized that total reliance on acqui- sition to secure greenlands is not feasible in Amendments to the Planning Act also be general,acquisition would only be considered made such that valley lands may be dedicated where a site was threatened and other means to the local municipality, in addition to lands to secure it had failed or where the site would dedicated for park purposes. provide for public access and other means to secure the land where not viable. i (1 t) The guidance and monitoring required to (13) As a general approach to reducing the assist in the implementation of a Greater amount of land that is developed,as opposed Toronto Area Greenlands Strategy be pro- to reducing the amount of development, all vided through a coordinating body. levels of government be encouraged to inves- tigate and promote more compact urban A new level of government or a new public forms (ie. intensive versus extensive forms of body need not be created. development). Concepts such as cluster I development and more creative layouts sensi- I Representation on the coordinating body tive to the surrounding landscape should be would include the Province, regional and explored. local municipalities, and local conservation authorities. To help facilitate moves in this direction,the Province, through the Ministries of Munici- As greenlands form the framework within pal Affairs,Housing, Natural Resources and which urban development can occur, consid- the Environment,would research the matter i eration could be given to having the coor- and prepare a guideline document. I i dinating body responsible for overseeing the E implementation of the Greater Toronto Area i Greenlands Strategy linked with the body (14) The Province establish a Greater Toronto responsible for overseeing the implementa- Area Greenlands Foundation to assist in giv- tion of the Greater Toronto Area Urban ing a more coordinated focus to greenlands I Structure Strategy. and to provide a means for public/private j partnerships to protect greenlands. 1 (12) The existing wording of the Trees Act be The Foundation would be responsible for the reviewed to determine if the focus could administration of provincial acquisition funds r I include other factors, more environmental in on a matching grant basis. Local interest nature, as well as wood production. groups, other public bodies, or the private sector would be responsible for raising the To reduce the number of instances where remaining funds. wood lots are eliminated without the knowl- edge of local municipalities and thus the The Foundation would actively encourage opportunity to explore other avenues to the formation of an Oak Ridges Moraine achieve what is desired, amendments be Conservation Land Trust or other types of made to the Trees Act so that trees cannot be management bodies. cut without the prior knowledge of the munic- ipality. Notwithstanding this proposed Further, the Foundation would be charged amendment, minimum area size provisions with exploring landowner incentives includ- and exemptions, such as cutting for personal ing recognition awards, the expansion of the use,as presently defined in the Act,should be Conservation Land Tax Rebate Program to retained. include all lands identified as regional green- lands, greater availability or use of personal i Also, amendments be made to the Act to income tax deductions for land bequests or include the power to issue stop work orders easements, the transfer and/or sale of prop- j and to increase the size of penalties for the erty development rights, etc. contravention of a by-law passed under the Act. j I I I i J � � (15) More formalized public involvement in secur- Also, conservation authorities are to be ing,managing and enhancing greenlands is to encouraged to establish working groups to be encouraged. assist in major endeavours such as the prepa- ration of watershed management strategies. In particular, it is strongly encouraged that regional municipalities give consideration to establishing regionally based Ecological and (16) The implementation of a Greater Toronto Environmental Advisory Committees as exist Area Greenlands Strategy will take the Col- in areas such as Halton, Waterloo and lective effort of many different bodies and Niagara. groups.To this end, local groups and special interest groups,as well as government bodies, Such groups could assist Regional Councils are to be encouraged to assist in various ways, on a range of environmental matters, includ- including informing and educating the public ing greenlands. on the significance of greenlands in the Greater Toronto Area. 1 i I � � I i f 1