Corporate Report. That the Office of the City Clerk be directed to advise the Region of Niagara Council; and

Transcription

1 Corporate Report Report from Planning and Development Services, Planning Services Date of Report: June 9, 2014 Date of Meeting: June 23, 2014 Report Number: PDS File: Subject: Lifting of Deferral to the City Official Plan (the Garden City Plan) Kowalik, 1406 Third Street Louth Recommendation That Council not support the concept of the Urban Area Boundary being extended to include the property of Ray and Liz Kowalik, known municipally as 1406 Third Street Louth; and That the Office of the City Clerk be directed to advise the Region of Niagara Council; and That, should Council consider not supporting the staff recommendation above, Council defer its decision until such time as a second planning opinion from an outside consultant can be obtained and reviewed by Council. FORTHWITH Summary The City s new Official Plan (the GCP) was adopted by City Council in August In considering this approval, a request from Ray and Liz Kowalik to include their property at 1406 Third Street Louth within the Urban Area Boundary was not supported City Planning staff and was denied by City Council. The Region of Niagara is the final approval authority for local municipal Official Plans. On July 31, 2012, Regional Council approved the GCP save and except a deferral of the Kowalik property, requesting a further Regional staff review of the matter including consultation with the Province. Upon completion of this review, Regional staff recommended the lifting of the deferral which effectively reflects the GCP as adopted by City Council - that the property not be included in the Urban Area Boundary and that the GCP Agriculture and Natural Area land use designations on the property be maintained. Notwithstanding the Regional staff recommendation, Regional Council passed a motion seeking City Council support for the inclusion of the property within the Urban Area Boundary. The City s Planning and Development Services staff do not support this endorsement. Background The City s new Official Plan, the Garden City Plan (GCP) was adopted by City Council in August The Region of Niagara is the final approval authority for local municipal Report Page 1 of 5

2 Official Plans. On July 31, 2012, the GCP was formally approved by Regional Council, save and except a deferral placed on the Kowalik property at 1406 Third Street Louth. The Kowalik property is 14.2 hectares (35 acres) in size and is located outside and adjacent to the municipal Urban Area Boundary, west of Richardson s Creek and north of the QEW Highway (see Appendix 1 Location Map). The GCP designates the subject property Agriculture with a small portion designated Natural Area to reflect Richardson s Creek and is currently the site of a golf driving range (Westport Golf Range) permitted by way of a temporary use by-law. Through the Official Plan review process, the Kowaliks requested that the subject property be included within the Urban Area Boundary. This request was not supported by City Planning staff or by City Council at time of adoption of the GCP. In considering formal approval of the GCP, Regional Council deferred the designation of the subject lands subject to further review by Regional Planning staff including consultation with Provincial staff. Upon completion of this review, Regional Planning staff recommended lifting of the deferral, effectively maintaining the Agriculture and Natural Area designation on the lands and the exclusion of the property from the Urban Area. Notwithstanding the staff recommendation, Regional Council passed the following motion: That Regional Council supports the concept of the urban boundary for 1406 Louth Street, St. Catharines, being extended and requests that the City of St. Catharines consider the concept; and that Regional Council through the Regional Chair s Office call on the Province to address the problem by June 30, Report Legislative Planning Context Local Official Plans must comply with Provincial and upper tier government land use plans and policies. The exclusion of the subject property from the Urban Area and the Agriculture and Natural Area designation of the lands in the GCP is consistent with the Provincial Greenbelt Plan, Places to Grow, the Provincial Policy Statement (PPS), and the Region of Niagara Policy Plan. Provincial The subject property is located within the Provincial Greenbelt Plan, which designates the majority of the property as Specialty Crop Land within the Protected Countryside. This designation provides the highest degree of provincial agriculture land protection. The Greenbelt Plan does not permit Specialty Crop Lands to be redesignated in local municipal Official Plans for non-agricultural uses. The Greenbelt Plan and the PPS prohibit settlement area (urban area) expansions within Specialty Crop Areas. The portion of the property that includes Richardson s Creek is within the Greenbelt Plan Natural Heritage System which affords the highest level of natural area protection within the Greenbelt Plan area. Report Page 2 of 5

3 The subject lands are not within the defined Urban Area for St. Catharines as set out in the Provincial Places to Grow Plan. If an expansion of the Urban Area and an alternate land use designation to permit urban uses on the subject property is considered, this should most appropriately be pursued through the 10-year review of the Provincial Greenbelt Plan which is slated to commence in As directed by their Council, Regional staff consulted Provincial staff with respect to the deferral. It is the opinion of the Ministry of Municipal Affairs and Housing that the proposed Urban Area Boundary expansion does not conform to the Greenbelt Plan or the Places to Grow and is not consistent with the PPS. The Province recommends the Region lift the deferral and subsequently approve the Agriculture and Natural Area designation of the lands. See letter attached as Appendix 2. Regional In 2009, the Region undertook a Growth Management Strategy Study for accommodation of future population, housing and employment needs in the Region to the year The recommendations of this study, together with implementation of the strategy through Regional Policy Plan Amendment RPPA2-2009, did not support an Urban Area Boundary expansion for St. Catharines. The Region of Niagara Policy Plan currently designates the majority of the subject lands as Unique Agricultural Area (Good Tender Fruit and Good Grape Areas) providing the highest degree of agriculture land protection in the Regional Plan. The portion of the property which includes Richardson s Creek is within the Region s Core Natural Heritage System. Local Municipal The City s current Urban Area Boundary was initially established in the early 1980 s. Although there have been a number of requests to expand the Urban Area over the years, Council has only endorsed one such change. A minor adjustment to the boundary was made in the 1990 s to incorporate 19.8 hectares (48.9 acres) of land on the west side of Martindale Pond, and in so doing, to draw the boundary along Richardson s Creek, providing a defensible long term boundary, and a definitive urban rural fringe. In preparing the GCP, staff undertook a comprehensive land needs study addressing future accommodation of population, housing and employment needs to the year This study determined that the City may accommodate future growth within the existing Urban Area, and as such, affording the opportunity to maintain the Urban Area Boundary as presently constituted. In the opinion of Planning and Development Services staff, the agricultural lands are one of a number of world class physical amenities which have helped shape the City s physical, as well as economic, social and cultural framework, fabric and identity our sense of place and Garden City image. Report Page 3 of 5

4 Maintaining the boundary reflects long term goals and objectives of the municipality to protect the agricultural land base, embracing sense of place, and is in keeping with the sustainable land use planning framework enshrined within the GCP. Supporting expansion of the Urban Area Boundary to include one property would likely trigger many similar requests for inclusion. Over time, this could result in the loss of a significant portion of the City s agricultural lands, result in a haphazard, indiscernible and non-defensible Urban Area Boundary, and place considerable demands on the City for extension of municipal servicing infrastructure. Any consideration for expansion of the Urban Area Boundary should be done in a comprehensive manner with an assessment of the entire agricultural area or significant acreage therein (ie. North of the QEW Highway, lands east of Third Street Louth, etc.). This assessment would require in-depth technical evaluation of parcel fabric, development phasing, servicing infrastructure and capacity, watershed and natural heritage management, secondary planning, etc. A new municipal wide comprehensive land needs study would also be required to address future population, housing and employment needs, and rationale to support Urban Area Boundary expansion in relation to Provincial and Regional growth forecasts and plan policies. Kowalik Property The original farm property of the Kowaliks was 24.2 hectares (61 acres). In 1979, the Ministry of Transportation expropriated approximately 10 hectares (26 acres) of the property for the construction of the 406 Highway overpass. The remaining 14.2 hectares (35 acres) is comprised of 8.7 hectares (21.5 acres) of tableland and 5.5 hectares (13.5 acres) of valleyland. The Kowaliks have stated that the viability of the 14.2 hectare (35.08 acres) property for future agriculture production, at least for tender fruit production, is compromised due to salt damage caused by the adjacent Highway 406. Although it is acknowledged that the property may be salt damaged, it is not clear as to the extent of this damage compromising tender fruit production or the ability to grow other types of crops (soybeans, vegetables, tree farm, etc.) on the land. There are also other types of agriculture uses which are currently permitted on the land in compliance with the City s Official Plan and Zoning By-law which may be viable on the property regardless of salt damage. These uses include greenhouse farming, agriculture farm related commercial or industrial uses (ie. cannery, farm implements, etc.), a winery, and accessory agri-tourism, and value added agricultural uses. Second Planning Opinion Advisory If the Region of Niagara does support inclusion of the Kowalik property within the Urban Area Boundary, an amendment would be required to the Region of Niagara Policy Plan prior to the GCP being amended to comply therewith. As that amendment would be contrary to the Provincial Greenbelt Plan, Places to Grow and the PPS, the Province may be in a position to appeal such amendment. Report Page 4 of 5

5 Should Council consider not supporting the report recommendation, Council is advised to defer its decision until such time as a second planning opinion from an outside consultant can be obtained. In the event the second planning opinion is supported by Council, and Council makes a decision based on that second planning opinion, and if and when the matter should be heard before the Ontario Municipal Board, then the planner who has provided the second opinion shall be retained for the purpose of a hearing before the Ontario Municipal Board. Financial Implications At this time, there are no definitive financial implications. However, Council should be cognizant that a decision to expand the Urban Area Boundary to include one property may result in a number of similar requests in the future. The expansion of the Urban Area Boundary should not be considered in a piecemeal fashion, and if receiving a number of requests for Urban Area Boundary expansion would likely trigger the need to undertake a comprehensive municipal wide land use review. This review would require a number of specific studies related to the Agriculture Area (development phasing, servicing infrastructure and capacity, watershed and natural heritage management, secondary planning, etc.) and a municipal wide review of population, housing and employment forecasts. The staff allocation, consultant fees and studies required to undertake such a review would generate significant costs to the municipality. Conclusion Planning and Development Services staff does not support the inclusion of the Kowalik property at 1406 Third Street Louth within the Urban Area Boundary. Any such consideration should appropriately be addressed through the Provincial 10-year review of the Greenbelt Plan slated to commence in Notification Staff advises that the City Clerk notify the following individuals of Council s decision on this matter: Harry Schlange, Chief Administrative Officer, Niagara Region, 2201 St. David s Road, Thorold, ON L2V 4T7; Mary Lou Tanner, Acting Commissioner, Integrated Community Planning, Niagara Region, 2201 St. David s Road, Thorold, ON L2V 4T7; Cathie Best, Interim Clerk, Niagara Region, 2201 St. David s Road, Thorold, ON L2V 4T7; and Ray and Liz Kowalik. Prepared by: Bruce Bellows, Policy Planner Approved by: James N. Riddell, MPL., M.C.I.P., R.P.P. Director, Planning and Development Services Report Page 5 of 5

6 Subject Lands 1406 Third Street Louth 1

7 Ministry of Municipal Affairs and Housing Municipal Services Office Central Ontario 777 Bay Street, 2nd Floor Toronto ON M5G 2E5 Phone: Fax: Toll-Free: Ministere des Affaires municipales et du Logement Bureau des services aux municipalites du Centre de ('Ontario 777, rue Bay, 2B stage Toronto ON M5G 2E5 T~I~phone : T~lecopieur : Sans frais : ICP October 2, 2013 fig _ Appendix II ~' Page 8 of 9 ~ q ~ o ~~ ~~r~~ 2 August 12, 2013 Ms. Mary Lou Tanner, MCIP, RPP Associate Director, Regional Policy Planning Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thoroid, ON L2V 4T7 Dear Ms. Tanner, Re: Proposed Urban Area Expansion Property of Ray and Liz Kowalik 1406 Third Street Louth, St. Catharines MMAH File No. 26-EOPA Thank you for your letter requesting comments from the Province regarding a proposed 14 hectare urban area expansion for 1406 Third Street Louth in St. Catharines (the "Kowalik lands"), located on the west side of Martindale Road, north of the Queen Elizabeth Way (QEW). It is our understanding that the Kowaliks requested their lands be included within the urban area boundary through the City of St. Catharines Official Pian review. This request was not supported by City planning staff, and was refused by City Council. On July 31, 2012, Regional Council approved the St. Catharines Official Plan (the Garden City Plan), and deferred their decision on the Kowalik lands. In response to your request, our comments focus on conformity with provincial policies, specifically the Greenbelt Plan and the Growth Plan for the Greater Golden Horseshoe (Growth Plan), as well as consistency with the Provincial Policy Statement (PPS). The Ministry circulated the proposal for input from the Ministries of Agriculture and Food (OMAF), Rural Affairs (MRA), Natural Resources (MNR), Infrastructure (MOI), and Transportation (MTO). As yaa are aware, the Ministry provided One Window comments to the Region on the St. Catharines Official Plan on November 24, No urban area expansion was contemplated at that time. The Ministry also provided afollow-up letter to the Region on October 15, 2013, noting some discrepancies and recommendations for a future amendment. Page 1 of 2

8 Proposed Urban Area Expansion ICP October 2, 2013 Appendix II Page 9 of 9 The Greenbelt Pian designates the subject lands "Tender Fruit and Grape Lands" within the "Specialty Crop Area" of the "Protected Countryside." A portion of the lands is also located within the Greenbelt "Natural Heritage System." The Greenbelt Plan provides specialty crop areas with the highest priority of agricultural protection. Policy of the Plan does not permit specialty crop areas to be redesignated in municipal official plans to permit non-agricultural uses. Further, Policy of the Greenbelt Plan does not permit settlement areas outside the Greenbelt to expand into the Greenbelt. Accordingly, the proposed urban area expansion does not conform with the Greenbelt Plan. Both the Niagara Region Policy Plan and the St. Catharines Official Plan recognize the Kowalik lands as being part of the Greenbelt specialty crop area, and include policy frameworks which protect the use of these lands for agricultural purposes pursuant to the Greenbelt Plan. As you are aware, the Greenbelt Acf, 2005 requires that decisions made by a municipal council under the Planning Act shall conform to the Greenbelt Plan. The Act also states that the Greenbelt Plan prevails in the event of a conflict between the Greenbelt Plan and an official plan, a zoning by-law, or a provincial policy statement. In addition, both the Growth Plan (Section 2.2.8) and the PPS (Section ) prohibit settlement area expansions within specialty crop areas. Summary It is the Ministry's opinion that the proposed urban area expansion does not conform with the Greenbelt Plan or the Growth Plan, and is not consistent with the PPS. Accordingly, we recommend that the Region lift the deferral and approve the designation of the Kowalik lands in the St. Catharines Official P(an as "Agriculture" and "Natural Area." This would be consistent with the previous recommendations made by City and Regional planning staff, as well as City Council's decision. If you have any questions or wish to discuss our comments further, please feel free to contact me at or Erika Ivanic at Sincerely,, ~' 'M~,',C~rj~tie~~/I~IP, RPP Mar~~a e~ Community Planning and Development Copy to: Mr. Brian Dick, Senior Policy Planner, Niagara Region Mr. Jim Riddell, Director of Planning and Development Services, City of St. Catharines Mr. Bruce Bellows, Policy Planner, City of St. Catharines OMAF, MRA, MNR, MOI & MTO Page2of2