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HomeMy WebLinkAboutPD-332-90 TOWN OF NEWCASTLE ti y„Y1 EENLA.GPA REPORT File #J:6 Res. # By-Law # MEETING: General Purpose and Administration Committee DATE: November 5, 1990 REPORT #: PD-332-90 FILE #: Pin 17 . 11 ACT: TOWN OF NEWCASTLE COMMENTS RE: 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-332-90 be received; 2 . THAT Report PD-332-90 be forwarded to the Ministry of Natural Resources as the Town's position with respect to the recommendations contained within. "Options for a Greater Toronto Area Greenlands Strategy" ; and, 3. THAT the Region of Durham Planning Department be forwarded a copy of this report and informed of Council's decision. 1. BACKGROUND 1. 1 On October 17, 1989, Premier Peterson asked Ron Kanter, M.P.P. St. Andrew-St. Patrick, to conduct a study and recommend option 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. REPORT NO. : PD-332-90 PAGE 2 1.2 To examine options for developing a Greater Toronto Area Greenlands Strategy, three main tasks were undertaken: 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. 1. 3 On September 3, 1990, Staff presented Report PD-261-90 to the General Purpose and Administration Committee. This report outlined the content and conclusions of the report "Options for a Greater Toronto Area Greenlands Strategy" . 1.4 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 occurred so that 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 habitat, 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; REPORT NO. : PD-332-90 PAGE 3 areas performing important natural functions such as water recharge and discharge or habitat links; and, green corridors or open space areas for walking, jogging, hiking, cycling, or cross country skiing. 1.5 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; 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 . 1 . 6 The purpose of this report is to respond to the sixteen recommendations made by Mr. Kanter within the context of his report. This report has been prepared in consultation with the Town's Public Works Department and Community Services Department. REPORT NO. : PD-332-90 PAGE 4 2. COMMENTS ON THERECOMMENDATIONS OF THE GTA GREENLANDS GTA GREENLANDS OPTIONS REPORT 2 . 1 The complete list of sixteen recommendations form Attachment #1 to this report. Due to their length, the most salient features are summarized below with the Town's comments . 2 .2 Recommendation 1: The Province provide clear direction through the endorsement of a Greater Toronto Area Greenlands Strategy with the goal of improving the quality of life through the establishment of a regional greenlands system. The Town of Newcastle is supportive of the development of the Greater Toronto Area Greenlands Strategy. The Strategy must be comprehensive in its approach broadly supported and developed in a co-operative manner by all those affected (ie. Conservation Authorities, the local and regional municipalities, the provincial ministries, and the various special interest groups) . Similarly, participation and co- ordination in the development of a Strategy must also involve all those who are affected. 2 . 3 Recommendation 2: To guide land use planning and development, appropriate ministries prepare guidelines addressing: a) urban drainage/storm water management; b) water conservation (including groundwater) ; and, c) how existing tools under the Planning Act can appropriately address greenlands. REPORT NO. : PD-332-90 PAGE 5 The Town of Newcastle is generally supportive of Recommendation 2 . At present items (a) and (b) are addressed through an individual case by case basis with little guidance from the provincial ministries . The development of guidelines in these instances would greatly benefit the development review process . It is suggested that like other provincial policy statements, the guidelines considered in (c) should be incorporated into an overall package of Implementation Guidelines for the proposed Provincial policy statement noted in Recommendation 4 . 2 .4 Recommendation 3: As greenlands serve a variety of functions, the provincial resource based ministries review their management and land stewardship programs to ensure that they are more widely ecologically based rather than based primarily on economic yield or being singular in purpose. The Town of Newcastle offers no comment with respect to Recommendation 3 . 2 .5 Recommendation 4: The Province prepare a Greater Toronto Area Greenlands policy statement pursuant to section (3) of the Planning Act. The overall thrust of the policy statement would be to: limit uses to those which would not reduce the attributes of greenlands; leave valleys and watercourses, in as natural a state as possible. promote the establishment of riparian (natural) buffer zones of at least 10-15 m (33-50 ft. ) adjacent to watercourses; REPORT NO. : PD-332-90 PAGE 6 stress the significance of nodes, such as municipal parks, and of pathways and corridors in linking regional greenland systems. stress the need for more intensive and clustered forms of development, thereby maximizing the lands available for greenlands and other uses. The Town of Newcastle would agree with the principle of developing a comprehensive planning approach for the Greater Toronto Area Greenlands Strategy. The development of a policy statement pursuant to section (3) of the Planning Act would be appropriate and supported by the Town. However, it should be noted that the development of such a policy statement may conflict with some of the objectives of the Mineral Aggregate Resources Policy Statement and the Foodland Guidelines . Consequently, the new Policy Statement should provide the means for resolving conflicting provincial policies. The Town of Newcastle would be interested in participating further in the study process . 2 . 6 Recommendation 5: Due to the significance and sensitivity of the Oak Ridges Moraine Area, the increasing development pressure it is under and the increasing concerns about the types of development and how development occurs, the Province declare a general expression of provincial interest for the Oak Ridges Moraine Area, under section (2) of the Planning Act. The objective of declaring provincial interest would be to provide the time required to conduct a comprehensive land use planning study of the Oak Ridges Moraine Area. In the interim, the Province would review all proposed official Plan amendments and rezoning applications within the Moraine Area. A two year comprehensive planning study of Oak Ridges Moraine Area would be co-ordinated by the Province and would include upper and lower tier municipalities, conservation authorities and other interested groups. D ! �> REPORT NO. : PD-332-90 PAGE 7 The Town of Newcastle has previously offered no objection to a similar recommendation for the Ganaraska Headwaters. Furthermore, staff are supportive of comprehensive study of the Oak Ridges Moraine Area. The Town would, however, recommend a Ministerial zoning order, as per Section 46 of the Planning Act, be imposed for the Oak Ridges Moraine. 2 .7 Recommendation 6: Through the official plan process, regional municipalities more clearly establish development, greenlands, and rural envelopes. Development envelopes could be broken down into urban and near urban areas. Regional municipalities need not designate specific land uses within each envelope. This would remain the responsibility of the local municipalities. For the greenland envelopes, each regional municipality would prepare a regional greenlands action plan to assist in implementation. The action plans would also concentrate on linking local park systems to regional greenlands systems. 3-5 year implementation packages would be prepared. The Town of Newcastle is supportive of this recommendation. The areas between urban areas are often treated as a void between urban areas . Rural areas and greenland areas should be viewed in terms of their positive qualities rather than as impedances to development. Within the context of the Town's response to the Draft Changes to the Durham Regional Official Plan, the Town has noted the following concerns: The concept of 'Permanent' Agricultural Reserves needs further examination to ensure that there is, indeed, a permanence to this designation. 5 9 `i REPORT NO. : PD-332-90 PAGE 8 Much of the area now proposed for urban expansion is presently designated 'Permanent' Agriculture Reserve. The Town wishes to see that stronger policies are developed which would clearly define the function of urban separators . Adoption of Recommendation 6 would ensure that, among other things, these above-mentioned concerns are addressed. 2 .7 Recommendation 7: Amendments to the Planning Act be made such that site preparation, eg. removal of vegetation, stockpiling of top soil, etc. cannot occur until the necessary development approvals or draft approvals have been obtained. Amendments to the Planning Act also be made such that valley lands may be dedicated to the local municipality, in addition to lands dedicated for park purposes. Although the Town of Newcastle would generally be supportive of amendments to the Planning Act, regarding site preparation in that such amendments would help to avoid the type problems which have been experienced in Courtice. The Town believes that such efforts may in turn conflict with the objectives maintaining a supply of affordable housing and streamlining the development approvals process. The Town of Newcastle would be supportive of amendments to the Planning Act regarding valley lands. It is noted that the current parkland dedication by-law requires the gratuitous dedication of valleyland areas. Any amendment 0 '- -5 J ) U j� REPORT NO. : PD-332-90 PAGE 9 should clarify that valleyland dedication would be over and above the current 5% dedication. 2 . 9 Recommendation 8: Amendments be made to the Conservation Authorities Act such that he regulatory powers under section (28) of the Act are expanded so that the placing or dumping of fill, the location of buildings and structures and the alteration of a waterway, anywhere in a valley system, can be regulated from a conservation/protection aspect as well as a hazard aspect. The Town of Newcastle would be supportive of expanding the Conservation Authorities criteria to which proposals for placing and dumping of fill, the location of buildings and structures and the alteration of waterways are judged, to include conservation and protection aspects . However, the Town would further want insurance that there is some arms length dealing achieve and away from municipal development approvals by the Conservation Authorities 2 . 10 Recommendation 9: The Ministry of the Environment investigate ways of undertaking studies such that the overall extent of the water resources of a watershed or aquifer system can be assessed to prepare a water budget for existing and future uses. The Ministry of the Environment undertake research into more efficient septic system designs and materials for use in areas with rapidly draining soils. A large number of the households in the Town of Newcastle are dependent upon groundwater supplies, and as such the Town of Newcastle would be supportive of this recommendation. 59 ` i � REPORT NO. : PD-332-90 PAGE 10 2 . 11 Recommendation 10: The Province establish a 5 year, $100 million Greater Toronto Area greenlands acquisition program set up on a matching grant basis with half the funds provided by the Province and the other half by local or interest groups, other government bodies, the private sector, etc. The Town of Newcastle agrees that this option warrants further investigation. Questions of maintenance, control and liability must be resolved. The Town of Newcastle would further note that it can not afford to become the playground of the Greater Toronto Area. Greater Toronto Area acquisition maintenance and programming funds must be pooled to enable the Toronto or the Conservation Authorities to undertake a more significant role. 2 . 11 Recommendation 11: The guidance and monitoring required to assist in the implementation of a Greater Toronto Area Greenlands Strategy be provided through a co-ordinating body. Representation on the co-ordinating body would include the Province, regional and local municipalities, and local conservation authorities. The Town of Newcastle concurs with the need for a co- ordinating body to assist in the implementation of a Greenland Strategy. This should be closely tied with the Greater Toronto Area Urban Structure Study and thus linked to the Greater Toronto Co-ordinating Committee (G.T.C.C. ) and the Office for the Greater Toronto Area (O.G.T.A. ) . The Town of Newcastle is concerned, however, that the G.T.C.C. does not have effective representation from area municipalities and the Conservation Authorities . This issue should be addressed. 5 9 REPORT NO. : PD-332-90 PAGE 11 2 . 12 Recommendation 12: The existing wording of the Trees Act be reviewed to determine if the focus could include other factors, more environmental in nature, as well as wood production. This would: Reduce the number of instances where wood lots are eliminated without the knowledge of local municipalities cut without the prior knowledge of the municipality. Establish minimum area size provisions and exemptions, such as cutting for personal use, as presently defined in the Act. Include the power to issue stop work orders. Increase the size of penalties for the contravention of a by-law passed under the Act. The Town of Newcastle is supportive of Recommendation 12 . The Town also wishes to reaffirm its request to the Region of Durham to enact a Tree By-law. 2 . 13 Recommendation 13: All levels of government be encouraged to investigate and promote more compact urban forms (ie. intensive versus extensive forms of development) . To reduce the amount of land that is developed, as opposed to reducing the amount of development. The Town of Newcastle has affirmed its support of a more compact urban development pattern in its review of the Draft Changes to the Durham Region Official Plan. 2 . 14 Recommendation 14: The Province establish a Greater Toronto Area Greenlands Foundation to assist in giving a more co- ordinated focus to greenlands' and to provide a means for public/private partnerships to protect greenlands. J 9 REPORT NO. : PD-332-90 PAGE 12 The Foundation would: be responsible for the administration of provincial acquisition funds; actively encourage the formation of an Oak Ridges Moraine Conservation land Trust or other types of management bodies; explore landowner incentives including recognition awards, use of personal income tax deductions for land bequests or easements, the transfer and/or sale of property development rights, etc. The Town of Newcastle agrees that a foundation of this type would be advantageous in providing an objective vehicle to which public/private partnerships can be formed. it would also be a means of distributing the available funds to enable the more rural municipalities to protect significant greenlands and develop parkland. 2 . 15 Recommendation 15: More formalized public involvement in securing, managing and enhancing greenlands be encouraged through such means as establishing regionally based Ecological and Environmental Advisory Committees. The Town Council has previously expressed concern with setting up an advisory committee, when there exists provincial bodies entrusted with developing public policy and acting on behalf of the good of the province. 2 . 16 Recommendation 16: The implementation of a Greater Toronto Area Greenlands Strategy will take the collective effort of many different bodies particularly for educating the public D )V 11) REPORT NO. : PD-332-90 PAGE 13 on the significance of greenlands in the Greater Toronto Area. The Town of Newcastle offers no comment with respect to Recommendation 16 . Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C. I.P. Lawrenc . Kotseff DIrector of Planning Chief Administrative and Development Officer JB*DC*FW*df *Attach 26 October 1990 I ATTACHMENT 1 2s RECOMAIENDATIONS 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 Green]ands 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 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 1 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 their management and land stewardship pro- grams to ensure that they are more widely Moraine Area.In the specific instances of the ecologically based rather than based primar- Towns of Richmond Hill and Aurora, the fly 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 i 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 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-is 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 ot the area. j 9 9 26 Greenlands Strategy 1990 (6) Through the official plan process, regional (8) To fill the gap betv6-een 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 Lake's and Rivdrs Improvement Act. With regards to the greenlands envelopes, 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 taking purposes. The action plans would also concentrate on linking local park systems to regional green- The Ministry of the Environment undertake lands systems throuer 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 body or group was responsible for what estate residential lots. 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,egg.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 er.e_nouiabl 27 (11) 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 development and more creative layouts sensi- 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 eration could be given to having the coor- and prepare a guideline document. dinating body responsible for overseeing the implementation of the Greater Toronto Area Greenlands Strategy.linked with the•body (14) The Province establish a Greater Toronto responsible for bverseeing therimplementa- ' Area Greenlands'Fobndation to assist in giv- tion of the Greater Toronto Area Urban ing a more coordinated focus to greenlands Structure Strategy. and to provide a means for public/private partnerships to protect greenlands. (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 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 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- and to increase the size of penalties for the erty development rights, etc. contravention of a by-law passed under the Act. 59C' i I 28 Greenlands Strategy 1990 i i (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 A 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. M1 599