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HomeMy WebLinkAboutPD-150-82 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director HAMPTON, ONTARIO LOB 1 JO TEL. (416)263-2231 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 27, 1982 REPORT NO. : PD-150-82 SUBJECT: MINISTRY OF NATURAL RESOURCES DRAFT LAND USE STRATEGY FOR LINDSAY DISTRICT RECOMMENDATION: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . That Report PD-150-82 be received; and 2. That Council endorse staff's comments to the Ministry of Natural Resources on the Draft Land-Use Strategy for Lindsay District; and 3. That the Ministry of Natural Resources be so advised. i BACKGROUND: I On July 19th, 1982, the Town received a copy of the Ministry of Natural Resources Draft Land-Use Strategy for the Lindsay District, along with a request for comments. Since these comments were due by August 31st, 1982, Town staff did not have an opportunity to present the draft Strategy to Council to obtain its position. i 0 Report No: PD-150-82 .. ./2 As such, staff forwarded their comments to the Ministry of Natural Resources, with the caveat that they only represented the position of Planning Department staff and that a Report on the draft Strategy would be brought to Town Council at a later date. This Report seeks Council 's position on the draft Land Use Strategy. The Ministry of Natural Resources is concerned with managing the Province's natural resources, and is committed to achieving the maximum possible contributions of these resources to economic and social development in Ontario, while minimizing the disruption to the natural environment and preserving significant biological and geological sites and features. In southern Ontario, the achievement of these objectives will be directed by the "Co-ordinated Program Strategy for Southern Ontario". This document, which was adopted by the Ministry in early 1982, provides direction for the preparation of more detailed land use ,strategies for each of the Ministry 's twenty-one (21 ) administrative districts in Southern Ontario. The Town of Newcastle lies entirely within the Lindsay Administrative District. The Lindsay District Land Use Strategy, as with the other district strategies , outlines the Ministry's preferences for land use and resource management in the District, and is divided into five (5) program areas : forestry, mineral resources, wildlife, fisheries, Provincial parks and recreation, and lands and waters. Objectives and targets were developed for each of these program areas. 1 i Report No: PD-150-82 .. ./3 The objectives are expressed in general terms: for example, the objective for the forestry program is to provide for an optimum contribution to the economy by forest-based products. However, the targets, wherever possible, are quantified to express production targets to the year 2000 (2020 for forestry) according to the history of production and the resource potential for that resource in the district. For example, the target for fur production (as part of the wildlife program) in Lindsay District is to achieve a production of 31 ,900 pelts by the year 2000. Of course, some natural resource products, such as sports fishing and environmental quality, are difficult to measure and therefore either cannot be quantified or can only be assigned imprecise numerical values. Because most of the land in southern Ontario is privately owned and the planning authority in organized municipalities , such as the Town of Newcastle, rests primarily with the municipality, the Ministry 's direct authority in implementing its District Strategy is generally limited to such actions as law enforcement, education, and various forms of incentives. Therefore, the major thrust of the Lindsay District Strategy is identifying priority areas where the Ministry should work in conjunction with the municipalities and land owners. For each program area, a list of high priority areas is established and suggestions are made as to what actions municipalities can take to implement the natural resource management policies included in the Land Use Strategy. For example, in the mineral resources program, a list of seven high-priority mineral resource areas is established, three of which are associated with the Town of Newcastle : selected deposits in the Oak Ridges Moraine, selected Lake Iroquois deposits, and existing licenced pits and quarries. Report No: PD-150-82 . . ./4 As well , suggestions are made as to policies and provisions which could be included in municipal official plans and zoning by-laws to help implement the strategy's policies relating to mineral resources. COMMENTS: In our comments to the Ministry of Natural Resources , we indicated that Town staff are generally supportive of the major goals of the draft District Strategy, and that we will co-operate and liase closely with Ministry staff to help achieve the objectives and targets established by the Strategy. We noted that the Town is in the process of preparing a Comprehensive Restricted Area By-law, and that our specific comments on each of the program areas are based on the zones and provisions suggested by staff for the draft By-law. However, we stressed that the By-law will , in all probability, undergo substantial revision before it is ultimately approved by the Ontario Municipal Board. Because our comments to the Ministry of Natural Resources relating to the individual program areas are quite long and detailed, we have not included them in the body of the * Report; rather, we have attached a copy of our letter to the Ministry for Council 's perusal . We would also note, at this point, that a copy of the Ministry' s Draft Land Use Strategy is available for review of the Hampton Office. It is requested that Council endorse staff's comments to the Ministry of Natural Resources with respect to the draft Land Use Strategy for the Lindsay District, and that the Ministry of Natural Resources be so advised. Resp ful bmitted, i T. T. Edwards, M.C. I.P. Director of Planning JAS*TTE*mjc CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Dincto► HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231 August 18, 1982 Ministry of Natural Resources 322 Kent Street West LINDSAY, Ontario K 9A 4T7 Attention: Mr. C. R. Gray District Manager, Lindsay District Dear Sir: In response to your request, we have reviewed the draft Land Use Strategy for Lindsay District and have the following comments to offer. Please note, however, that our Town Council is not sitting during the month of August and, as such, we have not had an opportunity to present the draft Strategy to Council to obtain a formal Town submission by the August 31st, 1982 deadline. Therefore, the comments presented in this letter only represent the position of Planning Department staff. A Report seeking Council 's endorsement of these comments will be brought forward sometime in September or October and, at that time, you will be advised of Council 's decision. The Town is involved in natural resource management primarily through decisions on rezoning applications, site plan approvals and the negotiation of subdivision agreements. Currently, four Restricted Area (Zoning) By-laws are in effect in Newcastle - for the former Townships of Darlington and Clarke, the former Town of Bowmanville, and the former Village of Newcastle. We are in the process of preparing a Comprehensive Restricted Area By-law to replace these By-laws, and our specific comments on the Strategy are based on the zones and provisions we have suggested in the draft By-law. We expect to present the By-law to our General Purpose and Administration Committee in mid-September. .. ./2 i I AA _ 2 - Mr. C. R. Gray August 18, 1982 At the same time, we will be circulating the draft By-'law for technical review. Based on the comments received through this circulation, from the Ministry of Natural Resources and other agencies, we will be revising the By-law and presenting it to the public, and ultimately, to Council for approval . As I am sure you are aware however, the draft By-law which �- �-- -- - - -you wi l l- be commenti ng' 'on 'may di ffeh substanti al ly from the version ultimately submitted to the Ontario Municipal Board for approval . However, your Ministry would be circulated the final By-law upon Council approval . Comments 1 . In general , Town staff support the major thrust of the Land Use Strategy. - that is, achieving the maximum possible contribution of Ontario's natural resources to the Provincial econorV while minimizing the disruption to the natural and social environments and preserving significant biological and geological sites and features. We recognize that, because of the predominance of privately owned land in the district, and specifically in Newcastle, continued liaison and co-operation between Town and Ministry staff is essential if the objectives and targets established by this Strategy are to be achieved. 2. Our specific comments on each of the program areas are presented below: a) Forestry We feel that, for the most part, forestry concerns are covered quite adequately in the draft By-law. Major forested areas in Newcastle are included in either the Agricultural (A) Zone or the Environmental Protection (EP) Zone, and forestry (the definition of which includes forest management) is a permitted use within both zones. Most of the lands in the "EP" Zone lie within or in proximity to stream valleys; however, the zone is sufficiently flexible to incorporate non-stream related wooded areas which, upon detailed study, can be shown to be environmentally sensitive as defined by the Durham Regional Official Plan. The Town is able to encourage the retention of tree cover through subdivision agreements in the case of subdivisions, and site plan agreements in the-base of smaller developments. Residential uses are not permitted within the" EP" Zone, and are restricted within the "A" Zone. i i - 3 - �o Mr. C. R. Gray August 18, 1982 Under Section 1 .3.5 of the Durham Regional Official Plan, area municipalities may adopt by-laws to restrict and regulate tree cutting. While the Town agrees that such a by-law, in theory, would be beneficial from a forestry management prospective, in practice, it would be virtually unenforceable because of staff constraints. b) Mineral Resources The draft By-law includes an "M3" (Extractive Industrial ) Zone to recognize existing licensed pits and quarries iidentified by the Durham Regional Official Plan. This zone permits such accessory uses as farms, .conservation and forestry, and such ancillary uses as aggregate processing plants, aggregate stockpiling and outside storage of aggregate materials. However, Section 4.2.3 of the Durham Official Plan prohibits the establishment of aggregate-related industrial uses such as asphalt plants, ready-mix concrete plants, aggregate transfer stations and similar related uses outside the industrial areas designated in the Official Plan. Since most of the existing pits and quarries in Newcastle do not lie within Regionally-designated industrial areas, the establishment of these industrial uses would require amendments to both the Durham Regional Official Plan and the Restricted Area By-law. Wayside pits are listed as a permitted use in the Agricultural Zone and, as such, do not require an amendment to the Restricted Area By-law. With respect to conserving primary significance surficial geological deposits, the draft By-law does not specifically indicate high potential mineral resource areas. However, the Oak Ridges Moraine, which the Durham Official Plan indicates as being such an area, is designated primarily as Major Open Space in the Official Plan and Agricultural Zone in the draft By-law. Both designations severely restrict the extent and intensity of land uses permitted and, therefore, indirectly preserve the mineral resources for future use. .,. ./4 I i - 4 - Mr. C. R. Gray August 18, 1982 c) Fisheries Lands along the shore of Lake Ontario and immediately adjacent to most streams are, for the most part, designated "EP" (Environmental Protection) in the draft By-law. Although this zone does permit agriculture, which admittedly can reduce the productivity of streams and lakes, it also permits conservation and forestry and prohibits the erection of permanent buildings or structures with the exception of erosion and flood control works. Lands bordering the "EP" Zone are normally zoned Agricultural , except in the urban areas. Although the Town cannot secure new public access points along the Lake Ontario shoreline or within urban areas along streams without purchasing such rights-of-way or dedication through the subdivision process, we cannot close existing road allowances that run up to or adjacent to a lake or river without Provincial approval . As such, existing public access points to lakes and streams tend to be preserved. d) Wildlife As with the major forested areas, wildlife management areas would fall under either the Environmental Protection or the Agricultural Zone. The marshes along the shore of Lake Ontario are designated "EP" within the 100-year flooding and erosion limits as determined by the Central Lake Ontario Conservation Authority, and Environment Canada, respectively. This zone provides for the preservation of the natural environment, and permits such uses as conservation, forestry, wildlife preserves and agriculture. The erection of permanent buildings and structures with the exception of flood and erosion control work is prohibited. However, the zoning of adjacent lands will recognize existing land uses and those indicated as permitted by the Durham Regional Official Plan. In the case of Bowmanville Harbour and West Side Marsh, much of the adjacent land will be designated "M3" (Extractive Industrial ) to recognize the existing licensed lime-stone quarry. Land immediately to the west of the marsh of the mouth of Wilmot Creek has been designated by the Durham Regional Official. Plan for a mobile home park. .. ./5 I i - 5 - � Mr. C. R. Gray August 18, 1982 • Most of the Oak Ridges Moraine will be designated as Agricultural Zone, in keeping with the Durham Regional Official Plan, which indicates the moraine as Major Open Space. Agriculture and farm-related activities, which tend to be destructive of wildlife habitat are, of course, permitted in this zone; however, conservation and forestry uses, which are compatible with wildlife management, are also permitted. As well , residential , commercial and industrial developments are severely restricted to such low intensity uses as riding or boarding stables. Although hunting and trapping are not specifically listed as permitted uses in either of the "EP" or "A" Zone, the definition of "conservation", which is permitted in both zones, could be interpreted to include these activities. e) Provincial Parks and Recreation The draft By-law does not include a special zone for Provincial Parks since they are permitted in any zone. Darlington Provincial Park, the only such park in the Town, is zoned Agricultural , as are those lands adjacent to the park. There are, apparently, no candidate parks within Newcastle. According to the Strategy, there are four natural areas of Provincial significance in Newcastle - Soper Creek, Clarke Summit Swamp and Bond Head Bluffs, which are biological sites, .and Stephen's Gulch, which is a geological site. Soper Creek and Clarke Summit Swamp both lie within flood prone areas, while Bond Head Bluffs lie within the 100-year erosion limit for Lake Ontario; thus all three sites are zoned "EP". Stephen's Gulch has been designated as a conservation area by C.L.O.C.A. , and land acquisition for that area is well under way. f) Lands and Waters � All flood and erosion prone lands and areas with steep slopes along streams and the Lake Ontario shoreline fall under the "EP" designation in the draft By-law. As indicated in previous sections, no permanent buildings or structures, excepting flood and erosion control work, are permitted in this zone. I i /1 v - 6 - Mr. C. R. Gray August 18, 1982 We appreciate the opportunity to review the draft Strategy and .hope that our comments will be of assistance to you. We will be soliciting your comments on our draft Comprehensive Restricted Area By-law in the near future. However, should you have any questions, or require any additional information, please do not hesitate to call . Yours er y, s K T. Edwards, M.C.I.P. Director of Planning JAS*TTE*mac • I i i I I I