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HomeMy WebLinkAboutPSD-031-15 Clarington Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: May 25, 2015 Report Number: PSD-031-15 Resolution Number: GPQ_ File Number: PLN 1.1.21 By-law Number: Report Subject: Co-ordinated Provincial Review of the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan Part 2 - Comments Recommendations: 1. That Report PSD-031-15 be received; 2. That Report PSD-031-15 be endorsed as the municipal comments on the four plan co- ordinated review; 3. That a copy of Report PSD-031-15 be forwarded to the Ministries of Municipal Affairs and Housing; Natural Resources and Forestry; and the Ministry of Agriculture and Rural Affairs; and 4. That all interested parties listed in Report PSD-031-15 and any delegations be advised of Council's decision. Municipality of Clarington Report PSD-031-15 Page 2 Report Overview The four provincial plans under review, represent a series of provincial policies and plans that govern land use planning in Ontario. Together these plans are to provide the long-term planning framework and direction to manage growth, protect agricultural lands, conserve the natural environment and support economic development within Ontario's Greater Golden Horseshoe, Greater Toronto Area and Greenbelt. Clarington has already provided comments on the high yield agricultural lands not included in the Greenbelt through PSD-026-15. This report provides additional comments on other areas of concern that should be considered within the context of the four plan review. 1 . Purpose The purpose of this report is to provide comments on the four plans including: the Growth Plan for the Greater Golden Horseshoe; Greenbelt Plan, Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan. 2. Background The four provincial plans under review, represent a series of provincial policies and plans that govern land use planning in Ontario. Together these plans are to provide the long- term planning framework and direction to manage growth, protect agricultural lands, conserve the natural environment and support economic development within Ontario's Greater Golden Horseshoe, Greater Toronto Area and Greenbelt. 2.1 Oak Ridges Moraine Conservation Plan The Oak Ridges Moraine Conservation Act, 2001 and the accompanying Oak Ridges Moraine Conservation Plan (ORMCP) came into effect in November 2001. Durham amended the Regional Official Plan to bring it into conformity in April 2003. Clarington amended our Official Plan to bring it into conformity in June, 2004. 2.2 Niagara Escarpment Plan The Niagara Escarpment does not extend into Durham and therefore the Region and Municipality will not be providing comments related to the Niagara Escarpment Plan, 2.3 Greenbelt Plan The Greenbelt Act, 2005 and the accompanying Greenbelt Plan came into effect in February 2005. Durham amended the Regional Official Plan to conform to the Greenbelt Plan in September 2006. Clarington's conformity exercise for the Greenbelt Plan is included in the current proposed changes to the Official Plan but minimal changes are required as our Plan currently incorporates most elements of the Greenbelt Plan. Its primary affect is to prevent amendments to the Official Plan that would allow additional development such as Estate Subdivisions and Urban Area expansions. The Greenbelt Act, 2005 requires a review of the Greenbelt Plan to be carried out 10 years after the approval of the Plan, in conjunction with the reviews of the Oak Ridges Moraine Conservation Plan and Niagara Escarpment Plan, in order to determine whether comprehensive revisions are needed to these Plans. Municipality of Clarington Report PSD-031-15 Page 3 2.4 Growth Plan for the Greater Golden Horseshoe The Places to Grow Act, 2005 became law in June 2005, while the Growth Plan for the Greater Golden Horseshoe (the Growth Plan) came into effect in June 2006. Durham amended the Regional Official Plan to conform to the Growth Plan through Amendment No. 128. A number of appeals to the Regional Amendment were launched including an appeal by Clarington. The Ontario Municipal Board approved changes to the Regional Official Plan on January 9, 2013. Clarington supported the changes implemented by the Ontario Municipal Board to the Regional Official Plan in Clarington. Similar to the Greenbelt Plan, the Growth Plan is due for a legislated review 10 years after its approval, to determine if revisions are warranted. The population and growth projections for the Growth Plan are optimistic and in 2014 they were updated from the initial 2031 target year to 2041. The recently released Proposed Official Plan for Clarington was prepared in keeping with the 2031 Growth Plan projections. 3. Overview of the Coordinated Provincial Review In recognition of the complex and interconnected nature of these four plans, the Province is seeking public input through a co-ordinated review of all four provincial land use plans. The Province's coordinated review will be completed in two phases of public consultation. Phase 1, allows for public comments to be accepted until May 28, 2015. The exact timeline and specifics of Phase 2 consultation will be released at a later date. The province has been holding a series of Regional Town Hall meetings. One such meeting was held at Newcastle Community Hall on May 4, 2015. 3.1 Our Region, Our Community Our Home (Discussion Paper) The Our Region, Our Community, Our Home discussion paper provides background information on Ontario's planning framework, each of the four provincial plans and sets out questions to focus the discussion during this phase of consultation on the following six goals: • Protecting agricultural land, water, and natural areas; • Keeping people and goods moving and building cost-effective infrastructure; • Fostering healthy, livable, and inclusive communities; • Building communities that attract workers and create jobs; • Addressing climate change and building resilient communities; and • Improving implementation and better aligning the plans. 3.2 Expert Advisory Panel To support the coordinated review, the Province appointed a panel of six advisors to develop recommendations on how to amend and improve the four provincial land use plans. The advisory panel is expected to deliver a report to the Ministry of Municipal Affairs and Housing and the Ministry of Natural Resources and Forestry by September 1, 2015. Members of the advisory panel have been attending the Regional Town Hall meetings. Municipality of Clarington Report PSD-031-15 Page 4 The Province has indicated that it anticipates the coordinated review will result in final recommendations on amendments to the Plans ready by early 2016. The process and timeline is intended to inform the review of the Big Move (MetroLinx's regional transportation plan). 4. Issues/Comments and Recommendations This section outlines the issue and provides some context and comments from Clarington's perspective. The text highlighted in bold are Recommendations to the Province. 4.1 Protection of the Agricultural System Report PSD-026-15 provided the background, discussion and recommendations on examining the lands south of the Greenbelt using a Land Evaluation and Area Review (LEAR) study to determine which of these lands, if any should be incorporated into the Greenbelt to provide additional protection. Any consideration of incorporating lands should also take into account the need for distinct buffers between urban and rural lands and addressing the whole of the agricultural system (economic, transportation and support services) that are required to keep the industry viable. It is recommended that • The Province undertake an area-wide LEAR assessment in support of expanding the Greenbelt within Clarington's urban separators as set out in Report PSD-026-15. • The provisions of the Greenbelt Plan should allow for greater on-farm diversified uses and agriculturally-related uses that are beneficial to sustain agriculture in a manner that is consistent with the Provincial Policy Statement 2014. 4.2 Commercial Fill Large scale commercial fill operations must be addressed by the Province. There is a danger that the Greenbelt will simply be viewed as a dumping ground as intensification activities increase, diminishing their value as agricultural or environmental lands. Currently municipal site alternation by-laws and conservation authority regulations create a patchwork allowing fill operators to dictate where the fill operations will happen without approval at the local level. Most often, the fill is coming from beyond the borders of the local municipality. There needs to be regulation and enforcement such that inter- municipal transport of unregulated fill can be managed in an appropriate manner and local issues such as noise, dust, road impacts and disturbance can be addressed. It is recommended that: • Site alteration activities (such as large scale fill operations) be harmonized in the Plans, municipal Site Alternation and Fill By-laws and Conservation Authority Section 28 Regulations to achieve the level of environmental protection intended by the Plans. Municipality of Clarington Report PSD-031-15 Page 5 • The Province review the framework that leads to the transportation of large quantities of fill to rural areas and seek alternative solutions for use within urbanizing areas. 4.3 Wind Turbines The Green Energy Act removed the need for local consent for renewable and alternative energy projects. Amendments to the Act have for the most part addressed the initial unintended consequences of solar and biogas projects. However; industrial wind turbines have become a very contentious issue in the rural landscape. The Municipality of Clarington has two recently approved wind farms (Clarington [Leader] and Ganaraska [ZEP], REA approvals 8393-9R8PSW and 1426-9RWTSS, respectively); these were approved without regard for the "unwilling host" resolution of Council (Attachment 1). The Municipality of Clarington is host to the Darlington Nuclear Generating Station which supplies 20% of the power to the Province. The Municipality is not averse to providing power to urban centres, rather it is the visual impact wind turbines have on the rural landscape and divisiveness they are causing between rural residents and rural/urban resentment that is of concern. The province needs to be aware of the social and community impacts industrial wind turbines are causing, and the seeming contradiction with the Provincial Plans. It is recommended that: • Industrial wind turbines be prohibited within the Oak Ridges Moraine which the Province identified as "one of Ontario's most significant landforms". • That the Green Energy Act and the Provincial Plans be reconciled so that the objectives of the Plans for the rural landscape are not thwarted. This could include more local input, a limit on the size of turbine clusters, the size of turbines and other factors. 4.4 Infrastructure on the Moraine In Clarington there has been a difference in approach by provincial agencies in how they address the moraine when infrastructure is being planned; this has led to confusion for residents. The alignment of Highway 407 was shifted to the south from the previously preferred alignment (1992) by the Ministry of Transportation. The shift to the south left many local residents with the impression that infrastructure was not allowed on the Moraine. In fact, infrastructure is allowed with conditions that could have been met through the EA process for the 407. The Clarington Hydro Transformer, a Hydro One project was approved under the "Class Environmental Assessment for Minor Transmission Facilities" as approved on April 23, 1992 (Order-in-Council No. 1173/92), a less rigorous process. Residents and the Municipality have been concerned with the lack and quality of background studies by the proponent and in particular with regard to the hydrogeology of the site. For residents the transformer construction is not reflective of the "minor" name. Municipality of Clarington Report PSD-031-15 Page 6 The Oak Ridges Moraine Conservation Plan limits private land owners and residents to a much greater degree than what Provincial agencies and approvals for infrastructure allow on the moraine. Thus, residents question whether the Moraine is truly protected by the planning policies when the province or its agencies seemingly over-ride them. These infrastructure decisions greatly impact the local community, and our experience is that Council and staff struggling to explain the decision making process with little provincial support. It is recommended that: • The Province clarify the policies on the planning, construction and use of lands within the Greenbelt/Oak Ridges Moraine for major infrastructure projects. • The Province improve the process, including the accountability of the Ministry of the Environment and Climate Changes to explain their decisions to the public, with respect to infrastructure projects. 4.5 407 Surplus Lands Shifting the 407 route southerly avoided the moraine but greatly impacted the agricultural community by taking lands out of production and severing farm parcels. The socio- economic impacts in Clarington will out-weigh the benefit of this southerly shift; especially because natural heritage compensation is the proposed use of many of the prime agricultural parcels. The approved Environmental Assessment for the 407 did not address the request by Clarington to have a remnant parcel policy. The request for a remnant policy was to address the return of farm parcels to agriculture rather than their conversion to natural heritage compensation or residential lots. Allowing these parcels to be developed as residential lots is counter to the provincial policy about lot creation in the countryside. MTO has indicated they will use surplus lands for natural heritage compensation; while honourable, there are other factors such as agricultural viability and local economic impact that should be considered. Working with the affected Conservation Authorities and local municipalities could help with implementation of natural heritage compensation in the areas that have been targeted by the watershed plans. MTO currently estimates that it will take at least ten years before they will be able to dispose of surplus lands. While efforts are being made to lease the agricultural lands to farmers to allow for their continued use there is no incentive for land improvement (e.g. the drainage) or ability of the farm corporation to plan for the longer term. It is recommended that: • In accordance with the Greenbelt Plan objectives for prime agricultural land, MTO should expeditiously identify, declare surplus and release agricultural parcels not required by Highway 407 and Highway 418 and utilize alternate locations for natural heritage compensation in-accordance with the watershed plans created as a result of the Oak Ridges Moraine Conservation Plan. Municipality of Clarington Report PSD-031-15 Page 7 4.6 Groundwater Protection In addition to the policies within the Oak Ridges Moraine Conservation Plan and Greenbelt Plan for the protection of hydrological features and functions, the Province has introduced the Clean Water Act, Great Lakes Protection Act and other legislation to enhance the protection of groundwater. The Oak Ridges Moraine is the headwaters of many of our creeks and streams and also feeds the Thorncliffe aquifer. Clarington in partnership with the local Conservation Authority has supported and promoted advanced scientific research to serve as the foundation of future land-use decisions and water resource management. This research will benefit many beyond the borders of Clarington. It is recommended that: • The Province restore research funding to help fund the work that is being carried out by Conservation Authorities to gain greater knowledge about the Oak Ridges Moraine Hydrogeology and other similar efforts. 4.7 Aggregate Resources The Provincial government is in the midst of reviewing the Aggregate Resources Act. The Municipality of Clarington has participated in the Rehabilitation Information Working Group and is awaiting to hear about the recommended increase to the annual licence/permit fees for aggregate extraction. We have previously commented that a share of these fees assigned to the Ontario Aggregate Resources Corporation should be increased to support a more aggressive rehabilitation program for abandoned pits under the Management of Abandoned Aggregate Properties Program. The province indicated that they were studying whether the increased fees and royalties should be directed to the construction costs of municipal roads and provincial highways. It is recommended that: • The Ministry of Natural Resources and Forestry in cooperation with the Ontario Stone, Sand and Gravel Association and individual aggregate operators, should develop expedited rehabilitation standards and requirements for aggregate operations in locations in the vicinity of settlement areas and residential uses. • Rehabilitation plans for gravel pits in the Oak Ridges Moraine should not include the use of commercial fill due to potential contamination and the possible to impacts the aquifers. Municipality of Clarington Report PSD-031-15 Page 8 4.8 Urban Areas in the Greenbelt Orono is an urban area comprised of approximately 540 dwelling units. The major portion of Orono is serviced with municipal water but many resident have private wells. There are no sanitary sewer services. Under the Greenbelt Plan, the boundaries of Urban Areas are frozen as they existed on the day the Plan came into effect. Hamlets, on the other hand, are permitted "minor rounding out" at the time of municipal conformity amendments. At the same time, under the Growth Plan, "settlement areas", which include both urban areas and hamlets, are permitted to expand in accordance with a land budget process during a municipal comprehensive review. In recent years, several proposals have been made for very minor expansions to the Orono urban area. While the Municipality is considering some minor rounding out of hamlets, there is no flexibility for urban areas in the Greenbelt. It is recommended that: • Minor rounding out of Urban Areas within the Greenbelt be permitted subject to a municipal comprehensive review. • The policies of the Growth Plan and the Greenbelt Plan be reconciled to be consistent with respect to the process for urban boundary expansions. 4.9 GO Rail Extension Growth needs to be supported by well-planned infrastructure, including transit. The Province first announced the extension of the GO Train to Bowmanville in 1992; it was announced again in 2008. At this point the project is in the "next wave" of Metrolinx projects but it has not been budgeted for, hence, timing is unknown. Staff are discussing the project with the Ministry of Transportation. The Big Move (Transportation Plan for the Greater Toronto and Hamilton Area) is not part of the four plan review. The Province should clarify the role of the Big Move in relation to the Growth Plan, and provide direction and funding for the development of transportation infrastructure. It is recommended that: • The Province set a firm timeline for the extension of GO Rail service to Bowmanville. Municipality of Clarington Report PSD-031-15 Page 9 4.10 Cultural Heritage The Provincial Policy Statement (2014) definitions were updated to include changes to the Ontario Heritage Act and statements such as "Significant built heritage resources and significant cultural heritage landscapes shall be conserved" were reaffirmed. The language in the Provincial Policy Statements is clear that cultural heritage resources are important to communities and their residents and shall be protected. Currently, the Places to Grow Act references the Ontario Heritage Act and the Provincial Policy Statements but provides little mention of cultural heritage resources other than "Cultural heritage conservation, including conservation of cultural heritage and archaeological resources where feasible, as built-up areas are intensified." This language is not consistent with the language in the Provincial Policy Statements, and could prove detrimental when reviewing the impacts of new development and intensification in areas or sites adjacent to cultural heritage resources. It is recommended that: • Cultural heritage preservation be strengthened in the Growth Plan to be consistent with the language in the Provincial Policy Statements 2014. 4.11 Addressinq Barriers to Intensification The Growth Plan has established specific targets for intensification within built up areas. The Region of Durham Official Plan conformity to the Growth Plan, set Clarington's intensification target at about 6,200 units from 2015 to 2031. The purpose of intensification is to be wise stewards of a land resource, to minimize infrastructure costs, and to build a transit-supportive environment. For intensification to really work, transit has to be a viable component. There are few signs that transit investment can be achieved to the extent necessary, particularly without the GO Rail component referenced above. Adding to the barriers to intensification is the weak market support and the inability for areas at the fringe of the GTA to charge the rents required to support such projects. Regardless of the minor municipal incentives that may be provided through development charges exemptions, the Regional development charge is substantially greater. The possible changes to the development charges regime through Bill 73 may allow area rating so that Greenfield and Intensification Areas are distinguished. It is recommended that: • The Province also invest in transit for smaller, more peripheral communities of the Greater Golden Horseshoe that are required to implement transit- supportive intensification. • The Province should provide stronger policy direction for affordable housing, in terms of type and tenure. Municipality of Clarington Report PSD-031-15 Page 10 4.12 Addressing Climate Change and Building Resident Communities Land use planning has a major impact on the amount of greenhouse gas emissions produced. The reduction of greenhouse gas emissions and increased resiliency of infrastructure are mitigation measure for climate change. The Province has released a discussion paper on Climate Change and many of the initiatives identified should be included in provincial land use plans. Implementation of adaptive measures to address resiliency and climate change may include changes to engineering and development standards. Examples of adaptation includes modification to account for rises in water levels in limited time periods (e.g. storm intensity), provision of heat refuges, planting hardy native plants and addressing erosion. It is recommended that: • The Province better integrate climate change mitigation and adaptation into land use planning policies for the Provincial Plan. • The Province give municipal governments authority to adopt and implement mandatory green development standards greater than the Ontario Building Code. 4.13 Implementation The Province has become very involved in setting out regional and provincial land use policy in the past 10 years. This is a change from how the Province addressed land use policy prior to that time. To implement policies the Province is relying on Municipalities and Conservation Authorities. However, much like planning is a fine-tuned balance so is the relationship with Municipalities. There are issues that Municipalities and Conservation Authorities have been requesting the Province address either through legislation or funding. It is recommended that: • Conformity Exercises should be shielded from Ontario Municipal Board appeals. • The designation of provincially significant wetlands in Official Plans should be shielded from Ontario Municipal Board appeals (excluded from Bill 73). • Downloading of implementation responsibilities to municipalities should be supported by sustained support of the applicable ministries. 5. Concurrence Not Applicable Municipality of Clarington Report PSD-031-15 Page 11 6. Conclusion The Province is to be commended for undertaking a co-ordinated review of 4 provincial plans and the public consultation process to date. The concurrent review will ensure that there is greater consistency and integration between the plans. This is the start of a planning process. This first consultation is about the issues that have arisen through the implementation of the various Plans over time. The province and the panel will be examining these and many other issues in formulating changes to the Plan. A second round of consultation will be undertaken in 2016 on proposed changes. 7. Strategic Plan Application The recommendations contained in this report conform to the Strategic Plan. Submitted by: Reviewed by: a ' J. Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer Staff Contact: Faye Langmaid, Manager of Special Projects, 905-623-3379, extension 2407 or flangmaid aa)clarington.net Attachments: Attachment 1 — "unwilling host" resolution on Windfarms The following is a list of the interested parties to be notified of Council's decision: Land Use Planning Review, Ministry of Municipal Affairs and Housing Minister Bill Mauro, Ministry of Natural Resources and Forestry Minister Jeff Leal, Ministry of Agriculture and Rural Affairs Alex Georgieff, Regional Municipality of Durham DJC/FL/sn/df Attachment 1 to Municipality of Clarington Report PSD-031-15 Resolution #C-161-13, May 13, 2013 Moved by Councillor Partner, seconded by Councillor Woo j 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). Carried, unanimously on a recorded vote. i l�