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HomeMy WebLinkAboutPSD-006-01 , . .. DN: PSO06-01 t ,. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee -"" /' File # ):::0) Res. # Gtfl-V/7-O ( Date: Tuesday, September 4, 2001 Report #: Subject: PSD-006-01 By-law # THE OAK RIDGES MORAINE - PROVINCIAL ADVISORY PANEL REPORT FILE: PLN 17.8.10 Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report PSD-006-01 be received; 2. THAT Report PSD-006-01 be endorsed as the preliminary comments of the Municipality of Clarington on the document entitled "Share Your Vision for the Oak Ridges Moraine", dated August - September 2001; 3 THAT the Ministry of Municipal Affairs and Housing (Oak Ridges Moraine Consultations Group), the Durham Region Planning Department, and SAGA (Save the Ganaraska Again) be forwarded a copy of this report and be advised of Council's decision on this matter. 1.0 PURPOSE OF REPORT On August 14, 2001, the Minister of Municipal Affairs and Housing released a document entitled "Share Your Vision for the Oak Ridges Moraine" (see Attachment 1). The document, which was prepared by an advisory panel appointed by the Minister, sets out a proposed strategy for the long term protection and management of the Oak Ridges Moraine (ORM). Comments on the proposed strategy are required to be submitted to the Ministry by September 14, 2001. This report represents the preliminary comments of the Municipality of Clarington on the proposed strategy for the ORM prepared by the advisory panel. 2.0 BACKGROUND The Provincial initiative on the Oak Ridges Moraine began on May 17, 2001 with the passing of the Oak Ridges Moraine Protection Act, 2001. This legislation established a six month moratorium on new development on the ORM and suspended the processing of all planning applications located on or affecting the 699.03.1 .. ~ REPORT: PSD-006-01 PAGE 2 Moraine. This includes Modification 173 to the Clarington Official Plan which is currently before the Ontario Municipal Board and which forms part of the Municipality's settlement with the Aggregate Producers of Ontario (APAO) on Referral No.5 to the Clarington Official Plan. The advisory panel appointed by the Minister of Municipal Affairs and Housing in June 2001 was composed of representatives from environmental and conservation groups, the development and resource industries, municipal govemments, and academic circles. The advisory panel drew on the work that others had undertaken on the ORM, including the Regions of Durham, Peel and York (see Report PSD- 005-01) in the preparation of the proposed strategy set out in the "Share Your Vision" report. The Province is also holding four Public Open Houses and consultation sessions from late August to mid- September 2001 as part of its consultation process for the Moraine. Staff attended a consultation session held in Uxbridge on August 28. Detailed background maps used by the advisory panel in the preparation of the proposed strategy were also available for public review at various provincial govemment offices. Copies of these maps were not made available to municipalities or the public. 3.0 OVERVIEW AND COMMENTS The report prepared by the advisory panel outlines a broad strategy for the ORM, and proposes a number of policy initiatives and implementation measures to give effect to the strategy. A summary of the key elements of the proposed strategy is provided below, along with the Municipality's comments in italics. The Municipality's comments are consistent with the revised Official Plan policies negotiated between the Municipality and the Aggregate Producers' of Ontario (APAO) and incorporated into the Clarington Official Plan through Official Plan Amendment 19 and Modification 173. The Official Plan as revised includes significant new policies on mineral aggregates and natural heritage, including the Oak Ridges Moraine, and achieves the balance between environmental protection and the use and management of resources as required by the Provincial Policy Statement. 3.1 Land Use Plan The advisory panel encourages the provincial government to link planning on the Moraine to the Province's 'Smart Growth' initiative. Key to this is the conceptual land use plan for the ORM proposed by the strategy, which would classify all land on the Moraine according to the four broad land use designations noted below. A 699.03_2 , ~ REPORT: PSD-006-0l PAGE 3 map included with the proposed strategy conceptually illustrates proposed land use designations across the entire Moraine and on adjacent lands. . Natural Core Areas (37% of the ORM) - These would include large concentrations of key natural features, significant hydrological areas and complex landforms. Within Clarington, only the Ganaraska Forest and the Long Sault Forest are proposed as core areas. Passive recreation, conservation and agricultural uses would be permitted. . Natural Linkage Areas (16% of the ORM) - These would include woodlots, wetlands, river and rural lands that serve to connect natural core areas and natural corridors such as rivers. A linkage area connecting the Ganaraska and Long Sault Forests is shown in a location that roughly corresponds to the Oak Ridges Moraine Natural Corridor shown in the Clarington Official Plan. A second linkage is shown connecting the Long Sault Forest with other forested lands to the west in Durham region. Mineral aggregate operations would be permitted in addition to the uses permitted in Natural Core Areas. . Countryside Areas (38% of the ORM) - These would incorporate lands where rural and agricultural uses occur. In Clarington, the balance of the lands on the Moraine, including hamlets, are designated countryside. Permitted uses would include those permitted in the Natural Core and Linkage Areas, rural commercial, institutional and industrial uses, active recreation such as golf courses and ski hills, and rural residential uses. . Settlement Areas (9 percent of the ORM) - These would incorporate lands already identified for urban uses in an approved official plan, including hamlets, although this is not clear in the draft strategy. Development would only be permitted based on studies of area-wide water resources and master servicing plan. Residents would be required to have full municipal services. The proposed strategy further recommends that, notwithstanding an area's land use designation, development would be prohibited from the following areas: . significant natural heritage features ie. wetlands, Life Science Areas of Natural and Scientific Interest (ANSls), significant woodlands, wildlife habitat and valleylands, significant portions of the habitat of threatened or endangered species and adjacent lands . sensitive hydrological features, such as kettle lakes and depressions, streams, springs, seepage areas and associated riparian lands. The conceptual land use plan included in the proposed strategy is difficult to interpret, given its small size and the absence of municipal boundaries and other defining features. Staff has not been able to obtain larger copies of the 699.03.3 REPORT: PSD-006-01 PAGE 4 land use plan, making it difficult to interpret the boundaries of the proposed land use designations. The proposed strategy does not identify the criteria that were used to define Natural Core Areas. No definitions are provided as to what would constitute "large concentrations of key natural features, significant hydrological areas and complex landforms". It is therefore difficult to comment on whether the boundaries of the proposed Natural Core Areas are appropriate and whether additional areas should be so designated. The significant natural heritage areas identified as being off-limits to development should be designated as Natural Core Areas. Most of these features are identified in the Clarington Official Plan as the core components of the natural heritage system. The inclusion of agriculture as a permitted use in Natural Core Areas is not appropriate. Agricultural activities may involve the clearing of trees that may form part of significant wildlife habitat. The strategy should specify that only existing agricultural operations should be permitted, as currently provided for in the Provincial Policy Statement. The draft strategy should clarify that hamlets are considered settlement areas and provide specific policies for hamlet development that are distinct form urban areas. Hamlets play an important role in the land use structure of the ORM and should be promoted as the preferred location for rural residential and commercial uses. Requiring full urban services for hamlets is not practical and may undermine the ORM strategy by discouraging new growth from locating in hamlets. 3.2 Protection of Ground and Surface Water Resources The proposed strategy recommends that specific policies and implementation strategies for maintaining and enhancing the quality and quantity of water resources be developed for each land use designation. These would include wellhead protection, water budgeting, the maintenance of recharge functions, and a long term monitoring program. It is also recommended that all development be required to maintain and enhance the quality and quantity of groundwater and surface water, including groundwater recharge and discharge, baseflow to streams, water balance and the hydrogeological integrity of watersheds. Comments on the issue of protecting water resources will be provided once further detail is provided. The Municipality supports the principle of maintaining and enhancing groundwater and surface water resources. However, the proposed strategy does not provide any detail regarding study requirements 699.03.4 REPORT: PSD-006-Ol PAGE 5 and possible measures to achieve this goal. In this regard, it is not possible to provide substantive comments at this time. 3.3 Mineral Aaareaate Operations The proposed strategy states that the provisions of the Provincial Policy Statement would apply to mineral aggregate operations, permitting rehabilitation of mineral aggregate operations that maintain or enhance ecological integrity. It also recommends that within 12 months, the govemment develop a policy on aggregate extraction in conifer plantations, scrub growth and agricultural land in natural core areas, taking into account the issues of environmental impact and site rehabilitation. The rehabilitation of all aggregate extraction operations on the Moraine should be undertaken in the context of area-wide rehabilitation plans. Such plans could ensure that the rehabilitation provides for the creation of appropriate landforms, wildlife habitat and corridors, and protects scenic views and vistas. The Municipality strongly objects to the recommendation that the government develop a policy on aggregate extraction in conifer plantations, scrub land and agricultural land in Natural Core Areas. Natural core areas, such as the Ganaraska Forest and the Long Sault Forest, provide large undisturbed blocks of interior habitat that are crucial for the survival of sensitive animal and bird species. A diversity of ecological communities within core areas such as that provided by plantations, scrub land and agricultural land, are important to the ecological functions of core areas. Disruptive and noisy activities such as aggregate extraction would be detrimental to the ecological functions of core areas and should not be permitted. The Municipality objects to the development of any provincial policy that would permit aggregate extraction to occur, even on a restricted basis, within the Ganaraska Forest and the Long Sault Forest The proposed strategy should recommend that the government investigate restricting the life span of aggregate extraction operations on the Moraine. Currently, under the Aggregate Resources Act, extraction operations are permitted to remain open indefinitely. The strategy should recommend a mechanism to help ensure that extraction occurs expeditiously, thereby minimizing the length of time that the operation impacts the physical, biological and visual values of the Moraine. 3.4 Maintenance of Landscape Character The proposed strategy recommends that development projects in areas with complex or distinctive landforms be required to follow special design approaches and to protect Earth Science Areas of Natural and Scientific Interest (ANSls). One of the background maps, entitled "Landform Conservation", divides the Moraine into areas where landform conservation would or would not be required. No further 699.03.5 REPORT: PSD-006-01 PAGE 6 information is provided, such as the criteria used in determining these areas, a definition of "complex or distinctive landforms", and the special design approaches being contemplated. In Clarington, areas identified as not requiring landform conservation include a part of the South Slope in northwest Darlington, the eastern portion of tRe Long Sault Forest, and the western portion of the Ganaraska Forest adjacent to the boundary with Manvers. The Municipality supports the principle of requiring special design approaches to protect the distinctive landscape character of the Moraine, but will reserve specific comments on this issue until more detailed information is provided. Special design approaches, including area-wide rehabilitation plans, should however be mandatory for all aggregate extraction operations located on the Moraine, regardless of whether or not they are located in an area identified as requiring landform conservation. 3.5 Roads and Public Utilities The strategy proposes that any roads, highways or other public utilities built on the Moraine be required to meet strict environmental and planning standards that are sensitive to the ORM's unique ecology. Roads and public utilities would generally be prohibited in natural areas and sensitive hydrological areas. The proposed strategy recommends that the Ministry of Transportation (MTO) develop new design standards for roads and utilities that would maintain key ecological linkages. It also recommends that MTO investigate design and construction standards for the 400 series highways that would minimize construction impacts, maintain continuous natural linkages, and allow wildlife to pass safely under roadways. The Municipality is very supportive of design and construction techniques for roads and utilities that are more ecologically sensitive and that facilitate the movement of wildlife. The Clarington Official Plan contains a policy (4.4.14) which encourages the provincial government to investigate and implement measures to facilitate the movement of wildlife across Highway 35/115 and the future Highway 407 where it crosses the Oak Ridges Moraine Natural Corridor. The Municipality also encourages the Ministry of Transportation to re- examine the technically preferred route for Highway 407 at its eastern terminus, Highway 407 should connect with Highway 35/115 north of Kirby, rather than swinging northward. This would avoid having both highways cross the Moraine, 3.5 Continuous Recreational Trail The strategy proposes to develop a continuous recreational trail across the 160 km length of the ORM, to ultimately link to other natural areas such as the Niagara 699_03.6 R];PORT: PSD-006-01 PAGE 7 Escarpment and the Rouge River Valley. The trail is identified on the conceptual map included in the proposed strategy. The Municipality encourages the provincial government to provide additional financial assistance for the maintenance and improvement of the Oak Ridges Moraine Trail. The Trail is currently in place across the entire Municipality of Clarington, including through the Ganaraska Forest. The Trail is maintained by the Oak Ridges Trail Association (ORTA) which relies on funding from a variety of sources to maintain and improve the trail. 3.6 Publiclv and Privatelv Owned Lands The strategy proposes that the amount of publicly owned natural lands on the Moraine be doubled to 12 percent of the Moraine's area. This would translate to 23,400 hectares of land. It is also recommended that the property tax for privately held lands that contain trails, sensitive natural areas, hydrological areas, and important linkage areas. The Municipality encourages the provincial government to provide funding to municipalities and conservation authorities to assist in the acquisition of lands on the Oak Ridges Moraine. The Municipality supports increasing the amount of publicly owned lands on the Moraine. However, the acquisition of such lands could drain funds away from other priority areas such as the Lake Ontario Waterfront and municipal parks. The proposal to reduce municipal property taxes on private lands containing significant natural features could further compound the financial impact on municipalities. The strategy should consider the possibility of dedicating closed and rehabilitated pits to public agencies. 3.7 Creatinq the Oak Ridqes Moraine Leqacv Trust The creation of a new body - the Oak Ridges Moraine Legacy Trust - is recommended to implement the non-regulatory aspects of the ORM plan and promote and support private land stewardship. The purpose of the Trust would not be to duplicate the efforts of government and non-government organizations that already provide stewardship support on the Moraine. Rather, the Trust is intended to enhance the efforts of such groups by facilitating greater cooperation and providing additional resources. The strategy proposes the following functions for the Trust: . fundraising . providing funds for research, monitoring, data acquisition, public education, land securement, conservation easements, protecting high priority areas, and maintaining and operating acquired lands 699.03.7 , REPORT: PSD-006-01 PAGE 8 . providing stewardship incentives to private landowners . supporting the creation of a continuous ORM trail by funding the purchase of access points, by building facilities, bridges and interpretative centres. The Trust would have no policy or regulatory function. It is proposed to be a financial partnership among the three levels of govemment (provincial, regional and local), conservation authorities, the private sector, and other interested organizations, although it is intended to operate at arms-length from any of these groups. The Province would provide the initial start-up funding but other longer term funding sources would need to be found. The proposed strategy also suggests that the federal government could contribute to funding the Trust. The Municipality supports the concept of a single organization to co-ordinate and promote stewardship activities on the Oak Ridges Moraine. An operating model similar to that of the former Waterfront Regeneration Trust may be successful. It should be vel}' clear however, that the mandate of the Trust will be to support and not frustrate local initiatives that benefit the Oak Ridges Moraine. The Municipality urges the provincial government to demonstrate its commitment to the Legacy Trust by providing funding beyond the initial start- up stage. The effectiveness of the Trust could be severely compromised if it does not have access to secure long term funding, 3.8 Roles and Responsibilities The strategy suggests various roles and responsibilities for the different levels of govemment involved with the ORM, as well non-governmental organizations. The provincial govemment would provide leadership on the Moraine by creating the Legacy Trust, and by providing clear direction to municipalities and other decision- makers by passing specific legislation and by adopting a long term plan to govern the future of the Moraine. The Province would also provide ''warehouse services" for natural heritage and water resources data. Municipalities would have the primary responsibility for implementing the proposed Oak Ridges Moraine plan. All official plans and zoning by-laws would be required to be brought into compliance with the provincial plan. Municipalities would also be required to support the plan's implementation by developing appropriate policies and programs to achieve its goals, including the provision of funding and technical support for these policies and programs, and by contributing funding to the Legacy Trust. 699.03.8 -' REPORT: PSD-006-01 PAGE 9 Conservation authorities would also be required to support the implementation of the provincial plan through developing appropriate policies and programs, securing and managing key lands, administering incentive and educational programs, providing stewardship support, and collecting, monitoring and interpreting data. The Municipality agrees that the implementation of the ORM strategy is most appropriately achieved at the municipal level. Land use decisions made at the local level will be the most effective mechanism for successfully implementing the Oak Ridges Moraine plan. However, it should be clarified as to who would be responsible for interpreting and updating the provincial plan, for example the Ministry of Municipal Affairs and Housing or a provincial commission. The Municipality urges the provincial government to commit to providing sufficient funding to municipalities and conservation authorities to assist in the implementation of the Oak Ridges Moraine plan. Achieving the Plan's goals will be difficult without corresponding financial support from the provincial government. As well, compelling municipalities through legislation to provide financial and staff support to the implementation of the ORM plan may divert scarce financial and staff resources away from other priority areas, The province's strategy should specifically permit municipalities to adopt more restrictive official plan and zoning provisions. Local planning documents will be required to be brought into compliance with the provincial Oak Ridges Moraine plan. However, the Municipality is concerned that it will be forced to use minimum provincial standards designed for fast-growing areas such as Richmond Hill, rather than "made-in-C/arington" policies such as those that are currently in effect in its Official Plan. 3.9 Issues Pendina Further Discussion The proposed strategy identifies a number of difficult and complex issues that require further discussion and analysis, including: . developing setbacks to protect hydrologically sensitive features and natural areas; . developing a wellhead protection strategy; . assessing the recharge capacity required to maintain hydrological functions; . creating an approach to water-taking that allows for sustaining groundwater levels; . developing a groundwater conservation policy; 699.03.9 I. -' REPORT: PSD-006-01 PAGE 10 . dealing with lands adjacent to the Moraine and lakes and rivers downstream; . establishing certainty in the planning process and a stream-lined approvals process in settlement areas; . creating implementation guidelines; . developing performance measures to assess the effectiveness of the plan and monitor its implementation. The Municipality urges the provincial government to commit to further public consultation on these outstanding issues prior to finalizing a plan for the Oak Ridges Moraine. The outstanding issues are, for the most part, quite complex and how they are resolved will have a direct bearing on the effectiveness of any plan for the Oak Ridges Moraine. 3.10 General Comments The Municipality supports the Province's efforts to provide clear and consistent direction on the future of the Oak Ridges Moraine. The development of a comprehensive strategy recognizes that the Moraine is a single ecological unit that needs to be dealt with in a comprehensive manner. The Municipality is concerned that the provincial government is moving too quickly on developing a strategy for the Oak Ridges Moraine. The public consultation period is too short and insufficient detail has been provided to allow for the effective review and the preparation of comments on the proposed aRM strategy. The province's Oak Ridges Moraine strategy should respect the municipal powers to regulate land use. The proposed land use policies for the Moraine appear, for the most part, to be weaker than those already incorporated in to the Clarington Official Plan. These policies, if approved, may represent the minimum provincial standards and that, as with the Provincial Policy Statement, municipalities would be permitted to approve more restrictive policies. Further, many development interests, including the aggregate industry, resist additional restrictions imposed by municipalities and, as a result, development standards tend to gravitate down to minimum provincial standards. The provincial government should commit to a further period of public consultation prior to finalizing the proposed strategy and passing new legislation. The proposed strategy could significantly change as the result of comments currently being submitted. As well, public input on the draft legislation is crucial given that it will establish how the Oak Ridges Moraine plan will be implemented. 699.03.10 y J REPORT: PSD-006-01 PAGE 11 4.0 CONCLUSION This report represents the preliminary comments of the Municipality of Clarington on the proposed Oak Ridges Moraine strategy prepared by the province's advisory panel. Further comments will be provided once more detailed information on the province's ORM strategy is provided. Respectfully submitted, ~ . (I)~ David J. Crome, M.C.I.P., RP.P. Director of Planning Services Department JAS*BN*DC*df 28 August 2001 Reviewed by, d r-J.Q~ Franklin Wu, M.C.I.P., RP.P. Chief Administrative Officer. Attachment 1 - "Share Your Vision for the Oak Ridges Moraine" (forwarded under separate cover) Interested parties to be notified of Council and Committee's decision: Ministry of Municipal Affairs and Housing Oak Ridges Moraine Consultation Group 17th Floor, 777 Bay Street Toronto, Ontario M5G 2E5 Alex Georgieff Commissioner of Planning Region of Durham Planning Department 1615 Dundas Street East Lang Tower, West Bldg., 4th Floor, Whitby Mall WHITBY, Ontario L 1N 6A3 699.03.11 SAGA (Save the Ganaraska Again) c/o Ms. Katherine Guselle 45 Connaught Street Oshawa, Ontario L 1 G 2H 1