March 7, 2018 Protecting Water Ministry of Municipal Affairs and Housing Local Government and Planning Policy Division Provincial Planning Policy Branch 777 Bay Street, Floor 13 Toronto, ON M5G 2E5 RE: Protecting Water for Future Generations: Growing the Greenbelt in the Outer Ring Notice #013-1661 Building Industry and Land Development Association (BILD) Simcoe Chapter Background The Building Industry and Land Development Association (BILD) supports the principles of protecting our water for current and future generations and building complete communities that are the foundation of the Growth Plan and Greenbelt Plan. In February 2017, BILD coordinated with Ontario Home Builders Association (OHBA) on a submission with respect to proposed amendments to the Greenbelt area mapping and the Greenbelt Boundary Regulation (EBR #012-9247 & #012-9241). The key recommendation to the Province at the time, with respect to boundary adjustments, was for the Province to establish clearly defined criteria for any adjustments in order to ensure a transparent process that is accountable to all stakeholders. BILD has received and supports the recommendations of the OHBA submission for EBR #013-1661 of March 7, 2018. The December 2017 proposal potentially adds another layer on top of an already extensive and complicated regulatory and planning framework governed by the Provincial Policy Statement (PPS), and the recently updated Growth Plan for the Greater Golden Horseshoe (GGH), Greenbelt Plan, Oak Ridges Moraine Conservation Plan, and Niagara Escarpment Plan. During the review of these provincial plans, an advisory panel recommended that the Province lead a process to grow Ontario s Greenbelt to protect areas of ecological and hydrological significance where urbanization should not occur. The government committed to undertake a process, including public consultation, to expand the Greenbelt into outer-ring municipalities. This included the development of criteria for expansion and a process to determine how an eventual Greenbelt boundary would be delineated. In December 2017, the Ministry of Municipal Affairs requested input on a study area for potential Greenbelt expansion to protect water resources in the outer ring of the GGH. The focus on water resources with open ended questions as to other building blocks is used to frame the request for comments on the study area. The study area released by the Province (EBR #013-1661) is noted by the consultation document as being based on locations with high concentrations of water features that the MALONE GIVEN PARSONS LTD. Page 1 of 7
Province has stated as being under pressure from current or forecasted urban development. This submission provides BILD Simcoe Chapter s comments on the study area and the consultation document. Comment #1: Adding land in the Outer Ring to the Greenbelt duplicates existing policy and creates conflict. BILD recommends that the Province recognize the extensive existing protections for water and the natural environment in the GGH and the study area and removing areas and features that are already protected in provincial or local planning documents. It is our opinion that this would only have the effect of reducing the study area significantly. Moreover, BILD does not believe there are any additional building blocks that need to be added, but rather, the Province should not duplicate or provide another layer of policies for areas that are already protected from development. BILD is concerned by redundancy, duplication and potential conflicts with additional layers of regulation and policy on top of the existing multifarious policies and multilayer review and approval processes. BILD is aware of and works within the extensive policies that protect water and natural resources under the PPS, Growth Plan for the Greater Golden Horseshoe, Lake Simcoe Protection Plan, and Source Water Protection Act. These policies are implemented in the Simcoe County and lower-tier municipal official plans, and in through the policies, mapping, and guidelines of the Conservation Authorities. Moreover, growth is directed to settlement areas through the Growth Plan, which requires onerous tests to expand settlement area boundaries for growth through a municipal comprehensive review that must now be completed by Simcoe County and will ultimately be approved by the Province. Furthermore, the proposed Land Needs Assessment under the Growth Plan and guidance for preparing municipal comprehensive reviews will stipulate the manner in which Simcoe County calculates the need for additional land for growth in a Provincial methodology that must meet Provincial growth forecasts. The Province has extensive control and oversight in ensuring growth occurs in a manner that ensure significant natural heritage features, natural heritage systems, and surficial and groundwater is protected. In consultation with municipal and conservation authority staff we have heard echoing sentiments throughout the County. In a staff report (DSR-025-18 dated February 21, 2018), The Town of Innisfil states: with a view to removing features that are already protected in provincial or local planning documents, the Study Area should be refined and condensed. The Town of Innisfil also notes that: the goal of the Province should be to create a clear provincial planning framework that avoids duplication and conflicts between the various provincial plans. [ ] Overall, the Town supports planning efforts to protect our water resources, but Staff feel that a potential Greenbelt expansion could result in an unnecessary duplication of both provincial and local level planning policies that are already in place to protect our water MALONE GIVEN PARSONS LTD. Page 2 of 7
resources both directly and indirectly. [ ] the source water protection planning efforts led by the Province, combined with the designation of Key Natural Heritage Features and Key Natural Hydrologic Features in the Town s newly adopted Official Plan, indicate that an expansion to the Greenbelt would not be required to protect surface water recharge and discharge areas from development in the Town of Innisfil. The Town of New Tecumseth staff in their report #PD-2018-08 dated March 5, 2018, comes to similar conclusions, stating: It is noted that the Greenbelt provides policy directions that are already captured by current Provincial, County, and Town policy. The growth plan directs significant growth to primary settlement areas and restricts expansion into agricultural lands. Water resources are protected through the Provincial natural heritage system and the PPS that is aligned with the Nottawasaga Valley and Lake Simcoe s Regional Conservation Authority mapping of natural heritage features. Source Water Protection has also been implemented in the Town s Official Plan and Zoning By-law which protects wellheads from development and contamination. The need for additional policy layering is also questions by the Township of Oro-Medonte in the staff report DS2018-017, dated March 7, 2018, which states: Township staff are supportive of planning efforts to protect our water resources; but are concerned that the proposed Greenbelt expansion will result in an unnecessary duplication of both provincial and local level planning policies that are already in place to protect our water resources. With the updating of the Places to Grow Greater Golden Horseshoe in 2017 and its inclusion of the protection of key hydrologic areas, key hydrologic features and key natural heritage features, Township staff question the need to expand the Greenbelt Plan and policies as this would appear to be an additional layer of policies on top of existing policies and mapping that already provide the required protection. The Township does not believe there are additional "building blocks" that should be considered for additional to the Greenbelt to protect water; rather want to ensure the Province does not duplicate or provide another layer of policies for areas that are already protected from development. The Township of Springwater also echo this sentiment in the staff report dated February 21, 2018, which states: Staff appreciate the benefits of a multi-layer approach to the protection of water resources, but duplication of work and layers of regulation where unnecessary should be avoided. Further, the Lake Simcoe Region and Nottawasaga Valley Conservation Authorities house extensive bodies of knowledge and practice in regulating and protecting water. We foresee that there could be conflict between the conservation authority s regulation and implementation of existing Provincial policy and the overarching policies associated with Greenbelt Plan. MALONE GIVEN PARSONS LTD. Page 3 of 7
BILD does not see the need nor rationale for proceeding with an expansion of the Greenbelt in Simcoe County when the full gamut of existing policy protection is weighed against the negligible additional protection that may result from Greenbelting these lands, and the associated high probability of municipal policy conflicts. Comment #2: If a Greenbelt is to be proposed then a substantial area around the existing settlement areas should be established to allow for growth to 2041 and beyond. For outer ring municipalities, population is forecasted to grow from 2.29 million people in 2016 to 3.35 million in 2041. Schedule 3 of the Growth Plan distributes a population of 2.95 million to the Outer Ring municipalities by 2031 and 3.35 million by 2041. Simcoe County is forecasted to grow to 497,000 residents and 152,000 jobs by 2041. The County of Simcoe is embarking upon its first municipal comprehensive review under the Growth Plan it is imperative that allowance be made for this process to be completed and for its conclusions to be reviewed prior to any discussion regarding expanding the Greenbelt into Simcoe County. The Province has recognized through its public consultations that additional land may be needed to accommodate growth over the long-term, with the associated need to anticipate this growth around existing settlement areas. Given that an expansion to the Greenbelt can be considered the establishment of a permanent settlement area boundary, the Province must consider the potential needs for growth beyond 2041 in considering moving ahead with a study area for a proposed Greenbelt boundary in Simcoe County. BILD therefore recommends that the Province allow for long-term urban reserves surrounding settlement areas in the Outer-Ring, to be considered during the County s ongoing municipal comprehensive review process and with respect to long-term forecasts by the Province. A precautionary approach to fixing settlement area boundaries and moving out of step with ongoing municipal processes is echoed in the comments from the County and lower-tier municipalities. The County of Simcoe Report CO-18-001, dated January 23, 2018, notes that: the potential expansion of the Greenbelt will have significant effects on the long-term planning for the County of Simcoe. If implemented it will fundamentally change certain directions on where and how growth will occur in the Country Depending on the timing and exact location of the Greenbelt boundary expansion the results of the County s MCR could potentially be in conflict with it. The County report goes on to state, [ ] this potential expansion could significantly limit the County s opportunity to meet the county planned growth forecasts to accommodate residential and employment growth as required by the Growth Plan. MALONE GIVEN PARSONS LTD. Page 4 of 7
Through the County s Municipal Comprehensive Review (MCR) process, the County will be considering a hierarchy of settlement areas and exploring options to accommodate growth. This could include the expansion of certain settlement area boundaries, if determined appropriate and necessary to achieve population and employment growth forecasts. If the study area were to become the expanded Greenbelt boundary in Simcoe County, it would have significant impacts on settlement area expansions as the Greenbelt Plan does not permit settlement areas outside of the Greenbelt to expand into it. The Town of Bradford West Gwillimbury in their Report DES 2018 10, dated March 6, 2018, notes that: "[the] potential expansion of the Greenbelt will have significant effects on the long term planning for [Simcoe County]... [if] implemented it will fundamentally change certain directions on where and how growth will occur in the County. The Greenbelt Plan designations place strict limits on expansion of settlement areas and land uses. The County is in the process of beginning its Municipal Comprehensive Review (MCR) process which is estimated to take two and a half years to complete. Depending on the timing and exact location of the Greenbelt boundary expansion the results of the County's MCR could potentially be in conflict with it." The Town of New Tecumseth Report #PD-2018-08, dated March 5, 2018, notes that: If lands were added to the Greenbelt, municipalities would be required to bring their plans into conformity with the new Greenbelt in addition to any other policies that may apply. Growing the Greenbelt adjacent to the current settlement areas will impose limits on where growth can occur. The Greenbelt Plan prohibits settlement area expansion into the Greenbelt's NHS, while only allowing modest expansions of 5% of the settlement area, to a maximum of 10ha, with only 50% of the lands allowed to be used as residential. The Township of Oro-Medonte staff report DS2018-017, dated March 7, 2018, notes that: The potential Greenbelt expansion has the potential to impact the results of the County's MCR and potentially be in conflict. At a minimum, the Province should provide the County and its local municipalities, the opportunity to complete the Municipal Comprehensive Review process before considering the expansion of the Greenbelt. The work and detailed studies being undertaken by the County through the MCR have the potential to provide additional information to the Province on potential Greenbelt expansion if required. The Township of Springwater Report dated February 21, 2018, notes that: The completion of the County s Municipal Comprehensive Review (MCR) should be completed prior to finalizing the Greenbelt Study Area as local knowledge and resources provided through the County s MCR process would better inform the Study Area. This is MALONE GIVEN PARSONS LTD. Page 5 of 7
particularly important to determine the impact that the Study Area and a future Greenbelt expansion might have on rural settlement areas and rural land uses. BILD recommends that the Province respect their municipal partners and allow the County, in cooperation with the lower-tier municipalities, to complete its MCR processes already underway to conform to the updated Growth Plan and Greenbelt Plans prior to proposing greenbelt boundary expansions in Simcoe County. BILD further recommends that the Province allow for of long-term urban reserves that are excluded from the study area and future Greenbelt boundaries surrounding existing settlement areas in the County to ensure long-term flexibility to accommodate population and employment growth beyond the 2041 Growth Plan schedule 3 forecast horizons. Comment #3: The process for defining a boundary should be science-based and incorporate field-work. BILD recommends that the Province establish a process for delineation of a Greenbelt boundary, which should be science and evidence based. In the consultation document and in presentations by the Province, it has been noted that no changes to the Greenbelt Act or Plan is proposed in concert with consideration for expansion of the plan area. An eventual greenbelt expansion will therefore not be appealable nor can it be substantively refined outside of the 10 year Provincial review of the Plan. It is imperative that any future process for boundary delineation must be transparent and be preceded by a detailed review of existing water and natural features through a comprehensive review of all conservation authority mapping and landowner studies of individual properties within the study areas. Furthermore, the Province should establish clear criteria and work in close consultation with municipalities, conservation authorities and professionals to refine and ground-truth the proposed Greenbelt boundaries. BILD recommends that throughout the study area review, the Province consider removing features that have existing protection, and exclude areas from a future Greenbelt expansion that could accommodate growth in a sustainable manner (protecting water through compliance with best practices and approaches to development under municipal and conservation authority guidelines). In review of the mapping in the consultation document, we note that all data sources are Provincial, which typically carries a coarse level of detail to ensure consistency across the Province. A Greenbelt expansion must be supported by, and be determined based on, detailed local mapping and studies. In discussion with Conservation Authorities, we are aware that the Province has requested and received extensive data sets, particularly with regard to the building blocks of cold water streams, water recharge/discharge areas, and wetlands. This existing data set, as refined based on landowner studies and data, should be the basis for creating any future greenbelt boundary. A hallmark of the 2005 Greenbelt Plan was a notable lack of transparency and supporting analysis for the creation of the draft, and then final boundary. Similarly, in its Report DES 2018 10, dated March 6, 2018, the Town of Bradford West Gwillimbury states: The Public Consultation Document notes that " the study area map is conceptual and incorporates additional land around the identified water features (a minimum of one MALONE GIVEN PARSONS LTD. Page 6 of 7
kilometre, but wider around some irregular features) " (page 14); however, the document does not provide any rationale for the use of a 1-kilometre threshold for the inclusion of additional/adjacent land within the study area. [ ] While the Public Consultation Document notes that "The Study Area was identified based on scientific, technical and land use planning analysis of locations in the outer ring with the greatest concentrations of water features under pressure from urban growth" (page 1), the scale of the Study Area map (i.e., Figure 1) and Building Blocks Maps (i.e., Appendix 1) is not sufficiently broad to illustrate the extent of such features throughout the entire outer ring, and the document does not contain supporting data to quantify the growth rates of municipalities within the outer ring. We appreciate this opportunity to provide input into the potential future greenbelt expansion and thank you for your consideration. We request to meet with you and your staff to discuss this matter and address any concerns you may have. We would further request to be included in and notified of any future consultation related to a proposed Greenbelt boundary. Respectfully submitted, MALONE GIVEN PARSONS LTD. Matthew James Cory, MCIP, RPP, PLE, PMP Principal, Planner, Land Economist, Project Manager cc. BILD Simcoe Chapter MALONE GIVEN PARSONS LTD. Page 7 of 7