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HomeMy WebLinkAboutPDS-059-22Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: November 28, 2022 Report Number: PDS-059-22 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-259-22, C-212-22 File Number: PLN 1.1.9.4 By-law Number: Report Subject: Province's Proposed Amendments to the Greenbelt Plan, 2022 Recommendations: 1. That Report PDS-059-22 and any related delegations or communication items, be received; 2. That Report PDS-059-22 be received as the Municipal comments on the Province's proposed Amendments to the Greenbelt Plan, 2022 (ERO Postings 019-6216, 019- 6217); 3. That if the Nash/Hancock lands identified in Attachment 3 to this report are removed from the Greenbelt as part of the Province's efforts to address Ontario's housing crisis, the developer be required by the Province to provide: a. A minimum 1.5-hectare parcel of developable land or cash -in -lieu equivalent for the provision of affordable housing in Clarington; or b. A minimum of ten per cent affordable, non-profit housing units within the development on the Nash/Hancock lands. 4. That should the Province remove the Nash/Hancock lands identified in Attachment 3 of this report from the Greenbelt: a. That staff be directed to prepare the necessary planning instruments (e.g. secondary plan, zoning, conditions of plan of subdivision and site plan), as required, in collaboration with the developer to facilitate the development of subject lands in accordance with the Province's expeditated timelines required to support the start of construction by 2025; and b. That the works required to be undertaken by the Municipality referenced in Recommendation 4a. of this report be wholly paid for by the developer. Municipality of Clarington Resort PDS-059-22 Page 2 5. That a copy of Report PDS-059-22 be forwarded to the Ministry of Municipal Affairs and Housing; and 6. That all interested parties listed in Report PDS-059-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-059-22 Report Overview Page 3 On November 4, 2022 the Province of Ontario released proposed amendments to the Greenbelt Plan and associated Ontario Regulation 59/05. The announcement followed the Province's October 25, 2022 release of omnibus Bill 23 (More Homes Built Faster Act, 2022) representing further action to support the Province's goal to build 1.5 million homes by 2031. The amendments propose to remove 15 identified areas of land, comprising approximately 7,400 acres, from the edge of the Greenbelt to provide for residential development in the short-term. One of the parcels identified for removal is located at the northeast corner of Nash Road and Hancock Road in Clarington. The purpose of this report is to provide comments to the Province on the proposed amendments to the Greenbelt Plan. The commenting deadline is December 4, 2022. 1. Background 1.1 The province is taking swift action to implement the 55 recommendations set out in the Ontario Housing Affordability Task Force Report, released February 8, 2022. The recommendations set the foundation for the provincial target to build 1.5 million homes in Ontario over the next 10 years and provide direction for the Province to take action to increase density, streamline development processes, cut red tape, improve the efficiency of the Ontario Land Tribunal, and provide funding to support municipal transformation. 1.2 To date, several major steps have been taken by the Province in implementing the Ontario Housing Affordability Task Force recommendations. These include: • April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022; • October 25, 2022 — introduction of Bill 23, the More Homes Built Faster Act, 2022; • October 25, 2022 - launch of 20 consultation postings regarding the More Homes Built Faster Act, 2022 on the Environmental Registry and Regulatory Registry of Ontario, including a 66-day consultation period on the Review of A Place to Grow and Provincial Policy Statement; • November 4, 2022 — launch of a 30-day consultation on proposed changes to the Greenbelt. 1.3 Additional measures contributing to the streamlining of development processes through Council delegation of authority were also brought forward by the province with the Municipality of Clarington Page 4 Report PDS-059-22 enactment of Bill 13, the Supporting People and Businesses Act, 2021 on December 2, 2021. 1.4 The potential impacts of these initiatives would result in significant changes to Ontario's land use planning and approvals processes and regulatory regime and have significant financial and resource implications for the Municipality. 1.5 The purpose of this report is to (i) summarize the Province's proposed changes to the Greenbelt boundary, and (ii) present staff's comments on the proposed changes and potential implications for Council's consideration. 1.6 The proposed changes, staff's related comments, and proposed approach to implement changes to the Planning Act proposed under the More homes for Everyone Act, 2022 (Bill 109), and the proposed changes under the More Homes Built Faster Act, 2022 (Bill 23) are the subject of separate reports PDS-051-22 and PDS-054-22, respectively. The assessment of and proposed approach for responding to the Planning Act amendments of the Supporting People and Businesses Act, 2021 will be the subject of a separate report to Council in the future. 1.7 The proposed changes to the Greenbelt Plan have the potential for both specific, short- term and broad, long-term implications in Clarington, as discussed in Section 2 of this report, below. 2. Discussion and Comments Greenbelt in Clarington 2.1 The Greenbelt encompasses approximately 81 % of the total lands in Clarington, within which is the Oak Ridges Moraine, making up approximately 29% of Clarington's total area. Attachment 1 illustrates the composition of the Greenbelt and the Oak Ridges Moraine within the Municipality. 2.2 The purpose of the Greenbelt Plan is to provide permanent protection to the invaluable agricultural land base and ecological features and functions surrounding the urbanized areas of the Greater Golden Horseshoe. 2.3 The Greenbelt Plan was enacted in 2005 and has been continuously supported by Clarington Council since that time. The Greenbelt Plan was updated in 2017 as part of the Province's Coordinated Provincial Plan Review, which also included updates to the Oak Ridges Moraine Conservation Plan and the Growth Plan. 2.4 The Greenbelt Plan aligns with and provides essential support to many of the goals and objectives of our Clarington Official Plan, 2018 including (i) to pursue development in a manner that ensures sustainability for future generations to meet their own needs (ii) to Municipality of Clarington Report PDS-059-22 Page 5 protect the integrity and vitality of natural heritage systems, and (iii) that growth and development will take place within firmly defined boundaries to protect the agricultural system and industry as a key economic driver within the Municipality. Summary of Proposed Amendments to the Greenbelt Plan 2.5 Put forward by the Province as an action necessary to support the building of more homes faster, the amendments propose to remove or redesignate 15 areas of land from the edge of the Greenbelt and the Oak Ridges Moraine, totalling approximately 2,995 hectares (7,400 acres). If passed, the Province's expectation is that at least 50,000 homes would be built on the former Greenbelt lands in the short-term. 2.6 The removal of the lands from the Greenbelt would be conditional upon the landowner achieving significant progress in the development approvals process by the end of 2023 and starting home construction on the lands by 2025. Failure to meet these milestones would result in the lands being added back into the Greenbelt. 2.7 The Province states land proposed to be removed from the Greenbelt must meet certain criteria to allow them to be considered, including: • Greater than 1:1 offset must be achieved to ensure overall Greenbelt expansion (for this Amendment, the Province has considered compensation across the Greenbelt overall, rather than within the area or municipality from which the lands are being removed); • Must have the potential for homes to be built in the near future; • Must be adjacent to the existing Greenbelt boundaries; • Must be adjacent to an existing urban area; and • Must be on or near readily serviceable land, with local infrastructure upgrades needed to service the projects to be funded entirely by proponents. 2.8 In accordance with the Greenbelt Plan, amendments to the Plan shall not have the effect of reducing the total land area of the Greenbelt'. The Province indicates the 13 Urban Valley Lands that were the subject to consultation to grow the Greenbelt earlier this year, and a portion of lands on the Paris Galt Moraine (ridge landform located between Caledon and Brantford) to be added to the Greenbelt as part of this amendment, represent appropriate compensation for those areas to be removed. 2.9 The above noted additions total approximately 3,804 hectares (9,400 acres) and include lands in Clarington consisting of expansions to Urban Valley Lands along Wilmot Creek Municipality of Clarington Report PDS-059-22 Page 6 and Soper Creek, and the addition of lands within Darlington Provincial Park. These urban river valley lands are illustrated on Attachment 2. 2.10 Of the 15 areas proposed to be removed from the Greenbelt, one is located within Clarington at the northeast corner of Nash Road and Hancock Road. Nash Road and Hancock Road Lands (Specific, Short-term Considerations) 2.11 The amendments propose to remove a 35-hectare (86-acre) parcel of land located at the northeast corner of Nash Road and Hancock Road in Clarington. The subject lands are identified as Map 8 of the Province's information and form Attachment 3 of this report. 2.12 The Province indicates the Nash/Hancock lands have met the criteria used to consider removal of lands from the Greenbelt outlined in subsection 2.2, above. 2.13 The Nash/Hancock lands have been the subject of previous requests to the Province for removal from the Greenbelt from the Municipality of Clarington, and the Region of Durham. 2.14 In 2006, Durham Region requested the Province not to include the Nash/Hancock lands in the Greenbelt given a previous request by the landowner to expand the Courtice Urban Area boundary as part of the Region's Official Plan Review at the time. 2.15 In 2016, Clarington requested the Province by resolution and formal comments on the Province's Coordinated Review of the four Provincial Plans to further consider the landowner's request to remove the Nash/Hancock lands from the Greenbelt (Resolution PD-031-16; PSD-059-16). However, at the time the Province opted to include the lands within the Protected Countryside. 2.16 In this specific case, the proposed removal of the Nash/Hancock lands from the Greenbelt aligns with Council's previous requests for the same. 2.17 Given the Province's proposed amendment to remove these lands from the Greenbelt is for the purpose of addressing the housing and affordability crisis, it is recommended that the provision of affordable, non-profit housing units be a condition of development on Nash/Hancock lands. This requirement aligns with the Clarington's affordable housing objectives as outlined in the Clarington Official Plan and approved Secondary Plans, as well as Clarington's Affordable Housing Toolkit. 2.18 The Clarington Official Plan, 2018 designates the lands Prime Agricultural, Rural, and Environmental Protection. The lands are zoned Agricultural (A) by Zoning By-law 84-63. In accordance with the Durham Regional Official Plan, development of greenfield Living Municipality of Clarington Page 7 Report PDS-059-22 Areas greater than 20 ha requires a secondary plan to be completed prior to development proceeding. 2.19 The aggressive milestones identified by the Province as conditions on the removal of the lands from the Greenbelt would result in additional pressure on staff resources to prioritize the necessary secondary planning and development applications on the Nash/Hancock lands to ready them for home construction. These lands would have to be prioritized over certain other lands and secondary plans that are currently within our urban boundaries. Staff will continue to assess and develop the details of a prioritization plan in the context of all the recently proposed provincial changes to increase housing supply. 2.20 Further to the above, should the removal of the Nash/Hancock lands be approved, staff will work with the developer to facilitate the development application process to meet the Province's expedited timelines. However, such prioritization of the subject lands over lands currently designated for development within our communities should be at the sole expense of the developer. 2.21 Staff also seeks confirmation from the Province that should the subject lands be removed from the Greenbelt, the dwelling units built on the lands would be counted toward the 13,000 housing unit target to which Clarington has been directed to commit to achieving by way of the Housing Pledge. Comments 2.22 The proposed removal of the Nash/Hancock lands, as shown on Map 8 of ERO Posting 019-6217, aligns with previous submissions to the Province from the Municipality of Clarington supporting the landowner's request to remove the lands. 2.23 Should the amendment to remove the Nash/Hancock lands from the Greenbelt, as shown on Map 8 of ERO Posting 019-6217, be approved as part of the solution to the housing crisis, that the developer shall be required to provide affordable, non-profit housing units as part of the development in the form of (i) a minimum 1.5 hectare parcel of developable land or cash -in -lieu equivalent, or (ii) a minimum of ten per cent affordable, non-profit housing units within the development on the subject lands. 2.24 The aggressive timelines for development approvals and construction tied to the lands as conditions of removal from the Greenbelt will necessitate additional staff resources and prioritization of the subject lands above certain other lands and secondary plans that are currently within Clarington's urban area boundaries. 2.25 The Province is requested to confirm, if passed, that homes constructed on the Nash/Hancock (Map 8) lands would contribute to the achievement of Clarington's Housing Target of 13,000 to 2031. Municipality of Clarington Report PDS-059-22 Broad, Long-term Considerations Page 8 2.26 As noted above, the purpose of the Greenbelt Plan is to provide permanent protection to the (i) agricultural land base, and (ii) ecological and hydrological features and functions occurring on the landscape. The Plan works with the Growth Plan: A Place to Grow, 2020 to identify where urbanization should not occur. 2.27 Broadly speaking, staff has fundamental concerns the proposed amendments to remove lands from the Greenbelt will (i) begin to undermine the integrity and strength of the Plan in the long term (ii) create a precedent for further erosion of the Greenbelt going forward, and (iii) result in a diminishing agricultural land base due to land swaps that remove productive agricultural lands in exchange for adding environmentally protected lands within urban areas that are already protected. 2.28 It is also important to recognize the valuable economic contributions of the agricultural industry in Clarington, and the role the farming community plays as stewards of productive, sustainable food producing lands close to our residents. Comments 2.29 In general, staff does not support removal of lands from the Greenbelt for development. The protection provided by the Greenbelt is intended to be permanent. The opening up of lands along the edge of the Greenbelt for development, in the absence of sufficient justification that such development cannot be accommodated on lands within existing urban boundaries or within the Whitebelt, undermines the integrity of the Plan and makes the Greenbelt vulnerable to further erosion in the future. 2.30 There is a statutory 10-year review of the Greenbelt Plan pursuant to section 10 of the Greenbelt Act, 2005 and related legislation. The current Greenbelt Plan, 2017 represents the culmination of the 10-year review that began on the 10-year anniversary of the Greenbelt Plan in 2015. Amending the Greenbelt and Oak Ridges Moraine Conservation Plans in advance of the 10-year review disrupts the high-level policy consistency necessary to undertake comprehensive planning and growth management. The statutory 10-year review of the Greenbelt Plan should be honoured for any proposals to remove lands from the Protected Countryside. 2.31 Only in such cases where there is no alternative but to consider removing lands from the Greenbelt, the criteria used to evaluate such amendments should ensure that compensation is equitable in form and function. 2.32 Further to the Comment above, while adding environmentally protected waterways and valley lands to the Greenbelt is beneficial and improves ecological connectivity of features, the criteria for consideration of the removal of lands should be designed to recognize that such a trade does not represent fair compensation for the thousands of Municipality of Clarington Report PDS-059-22 Page 9 acres of productive agricultural lands that are proposed to be removed. For example, the Urban Valley Lands are part of the natural heritage system, rather than the agricultural system, and they would not be developed anyway. If farmland is taken out of the Greenbelt, farmland of similar quality located in similar proximity to the Greater Golden Horseshoe population should be added. 3. Financial Considerations 3.1 There are no direct financial considerations for providing comments to the Province of Ontario on ERO Postings 019-6216, 019-6217. 3.2 The proposed amendments could result in additional lands that would become developable. Increased development could result in the need to provide services to the lands (including parks, roads, sidewalks) which may be development charge eligible. Further, staff resources in Planning and Infrastructure Services may be necessary to process development applications in a timely manner. 4. Concurrence 4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 5. Conclusion 5.1 The proposed legislation is currently posted for public consultation on the Provincial Environmental Registry of Ontario (ERO) website for 30 days, closing on December 4, 2022. 5.2 The proposal to remove the Nash/Hancock Lands from the Greenbelt has been supported by Clarington Council in the past, and requests for the same have been made to the Province by both Clarington and Durham Region. 5.3 That should the Province remove the Nash/Hancock lands from the Greenbelt for the purpose of expeditiously addressing the housing and affordability crisis, the specific provision of affordable, non-profit housing as outlined herein shall be required as a condition. 5.4 The Greenbelt Plan is to provide permanent protection to the agricultural land base and ecological features and functions. Staff has significant concerns about the broader impacts of the proposed changes on the integrity of Greenbelt Plan and its policies that are intended to support the sustainability of land and resources for residents and jobs in Clarington, and throughout the Greater Golden Horseshoe. Municipality of Clarington 10 Report PDS-059-22 Page 5.5 It is respectfully recommended that the recommendations of this report as outlined in Section 1 be adopted, including that this report be submitted to the Province as the Municipal Comments on the proposed Amendments to the Greenbelt Plan (2022). Staff Contact: Sarah Allin, Planner 905-623-3379 x 2419 or sallin@clarington.net and Lisa Backus, Manager of Community Planning. Attachments: Attachment 1 — Map showing Oak Ridges Moraine and Greenbelt in Clarington Attachment 2 — Map showing lands to be added to the Greenbelt in Clarington Attachment 3 - Map showing lands in Clarington proposed to be removed (incl. 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V�� D� D� Q 0 II II D �� Z Q p BASELINE ROAD = ��� Brownsville Newtonvllle °�� i o ���JU a Doi c 40=1GH1Ngy ,o°' KII!NII AUENU'Eo R'EW.NAL�WIGMWA 92---,l y) HALL+STREER �� ENERGY DRIVE O,qO` a ZDI RgMP_��P� 1 00 �❑ �1 O z ollAGo=RoaD UICONCESSICIN=11DA-1 0 k ° ? i \Y N �� 0 L a O oQ Y a F N Y a a o F W —a N O x . E ZZ e J ae u a S f EKE HORE`RO di e 0 Z� W •S. . q Y AD LAKESHORE-RQA, m n ar z 0 3 N Attachment 1 to Report PDS-059-22 Z z a HQgE=ROAD J I — �' I W,J LEGEND p Greenbelt Area" Protected Countryside ® Natural Heritage System Towns/Villages Urban River Valleys Proposed Urban River Valleys Niagara Escarpment Plan Area _ Oak Ridges Moraine Area L'1LL:�LLrl I - Settlement Areas Outside the Greenbelt ---Municipal Boundary — Road or Highway Maps are for Consultation Purposes Only Note: While every effort has been made to accurately depict the information, this map should not be relied on as being a precise indicator of locations of features or roads. For precise boundaries and locations of Settlement Areas, including TownslVillages and Hamlets, the appropriate municipalities should be consulted. Produced by and using data sources from the: Ministry of Municipal Affairs and Housing, Ministry of Northern Development, Mines, Natural Resources and Forestry; Ministry of the Environment, Conservation and Parks; and, the Ministry of Agriculture, Food and Rural Affairs. © 2022, Queen's Printer for Ontario "Ontario Regulation 59l05, as amended. 0 0.3 0.6 1.2Km 1 cm equals 394 m Map North: 0" Greenbelt Plug, Inap divi.sian uIld cular,emew Oshawa Creek Extension Attachment 2 to PDS-059-22 Prono.sed !Urban River Valley Map 1 Darlington Provincial Park G?venhelt Plan, comp division and enlargeinew I QU wasJ LEGEND p Greenbelt Area" Protected Countryside ® Natural Heritage System Towns/Villages Urban River Valleys Proposed Urban River Valleys Niagara Escarpment Plan Area _ Oak Ridges Moraine Area L'1LL:�LLrl 7 - Settlement Areas Outside the Greenbelt ---Municipal Boundary — Road or Highway Maps are for Consultation Purposes Only Note: While every effort has been made to accurately depict the information,. this map should not be relied on as being a precise indicator of locations of features or roads. For precise boundaries and locations of Settlement Areas, including TownslVillages and Hamlets, the appropriate municipalities should be consulted. Produced by and using data sources from the: Ministry of Municipal Affairs and Housing, Ministry of Northern Development, Mines, Natural Resources and Forestry; Ministry of the Environment, Conservation and Parks; and, the Ministry of Agriculture, Food and Rural Affairs. © 2022, Queen's Printer for Ontario "Ontario Regulation 59l05, as amended. 0 0.3 0.6 1.2Km W 1 cm equals 394 m Map North: 0' Proposed Urban River Valley Map 2 Westside Marsh and Area I W,J LEGEND 0 Greenbelt Area' W Protected Countryside ® Natural Heritage System Towns/Villages Urban River Valleys Proposed Urban River Valleys Niagara Escarpment Plan Area Oak Ridges Moraine Area Ontario - Settlement Areas Outside the Greenbelt ---Municipal Boundary — Road or Highway Maps are for Consultation Purposes Only Note: While every effort has been made to accurately depict the information, this map should not be relied on as being a precise indicator of locations of features or roads. For precise boundaries and locations of Settlement Areas, including TownslVillages and Hamlets, the appropriate municipalities should be consulted. Produced by and using data sources from the: Ministry of Municipal Affairs and Housing; Ministry of Northern Development, Mines, Natural Resources and Forestry; Ministry of the Environment, Conservation and Parks; and, the Ministry of Agriculture, Food and Rural Affairs. d 2022, Queen's Printer for Ontario "Ontario Regulation 59/05, as amended. 0 0.3 0.6 1.2Km 1 cm equals 394 m Map North: 0' Greenbelt Pleat, maji elrs,r.tiion and errla�.-emew GTON DURHA \ A Proposed Urban River Valley Map 3 Greenbelt Plan, Oak Ridges Moraine Conservation Plan Proposed Lands to be removed from the Greenbelt (Maps are for consultation purposes only) LEGEND Clarington Urban Boundary Provincially Significant Wetland Greenbelt Boundary Natural Heritage System LEGEND Ontario Q Greenbelt Area' Protected Countryside Natural Heritage System Towns/Villages Urban River Valleys Settlement Areas Outside the Greenbelt — Municipal Boundary — Road or Highway Proposed Modifications Greenbelt Redesignation Greenbelt Removal ORM Redesignation Attachment 3 to PDS-059-22