Norfolk County Official Plan and Provincial Policy Statement Consistency Review Report

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1 Norfolk County Official Plan and Provincial Policy Statement Consistency Review Report Matt Reniers & Associates April, 2016 [Type here]

2 Table of Contents Page 1.0 Introduction Provincial Policy Statement and Norfolk County Official Plan Consistency Table Summary.82 i P a g e

3 1.0 Introduction Provincial Policy Statements are approved by the Provincial Government to provide policy direction to municipalities on matters of provincial interest relating to land use planning and development. The legislative authority for the issuance of Provincial Policy Statements is provided in Section 3(1) of the Planning Act which states that The Minister, or the Minister together with any other minister of the Crown, may from time to time issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest. Municipal planning decisions are to be consistent with Provincial Policy Statements. Section 3 (5) of the Planning Act states that: A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, (a) (b) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. Further more, Section 3(6) of the Act states that: Comments, submissions or advice affecting a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government, (a) (b) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. While there are a number of Provincial Plans that have been approved, Norfolk County is not located within the geographic areas covered by these plans. Norfolk County is only subject to the Provincial Policy Statement (PPS) and as required by the Planning Act, the County s Official Plan must be consistent with the policies contained within it. The Norfolk County Official Plan was approved by County Council in 2006 and by the Ministry of Municipal Affairs and Housing in With Ministry approval, it can be concluded that the Official Plan was consistent with the Provincial Policy Statement, 2005 (PPS, 2005) in effect at that time. As the County has approval authority for 1 P a g e

4 amendments to its Official Plan, it has a legislative duty to ensure that any amendments that it approves are consistent with the PPS. There have been over 70 approved amendments to the Official Plan. The PPS is to be read as a whole and all of the relevant policies need to be considered when making a decision on a planning matter. Some of the statements in the PPS are of a general nature while others are very specific in providing direction to decisionmakers. In some situations, more than one policy may be applicable. All of the relevant policies and how they may work together are to be considered by the decision-maker. The specific language of the PPS needs to be considered when making a decision on a planning matter. Some policies provide positive direction while others set out limitations or prohibitions. Municipalities may have some discretion in applying policy with enabling or supporting language in contrast to a policy that is directive or sets limitations or prohibitions. The PPS, where it sets standards, sets minimum standards. Municipalities may go beyond these minimum standards, provided that its standards do not conflict with any other PPS policy. 2.0 Provincial Policy Statement and Norfolk County Official Plan Consistency Table A detailed review of the current PPS, approved in 2014, was carried out with respect to the current Norfolk County Official Plan. Policy areas in the Norfolk County Official Plan, that are either inconsistent with the PPS policies or can be strengthened, are identified for further consideration in the Five-Year Official Plan Review Program. To facilitate comparison between the PPS and the Norfolk County Official Plan, this review is presented in a table format. Note that the policy review of the PPS includes the entire policy text component of the PPS with the exception of a small section on lands in unorganized municipalities, which is not relevant to Norfolk County. While the definition section of the PPS was considered in the policy review, the following table does not present the definitions. It is the policy of the Official Plan (Section 9.11 h)), that unless a term is specifically defined by policy in the Plan, the terms and words used in the Plan shall be as defined in the Provincial Policy Statement. 2 P a g e

5 1.0 Building Strong Healthy Communities Ontario is a vast province with urban, rural, and northern communities with diversity in population, economic activities, pace of growth, service levels and physical and natural conditions. Ontario's long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns. Efficient land use and development patterns support sustainability by promoting strong, liveable, healthy and resilient communities, protecting the environment and public health and safety, and facilitating economic growth. Accordingly: 1.1 Managing and Directing Land Use to Achieve Efficient and Resilient Development and Land Use Patterns Healthy, liveable and safe communities are sustained by: a) promoting efficient development and land use patterns which sustain the financial well-being of the Province and municipalities over the long term; The Plan is consistent with PPS policy a) The Plan, in a number of places (see 3.4 c) and Section 8. Networks & Infrastructure, contains policies that strive to ensure the efficient and costeffective co-ordination between long-term growth management and the provision of infrastructure. These are further supported by the Financial Management policies contained in Section 9.9, which among other matters, requires the County to recover growth-related costs and that financial impact statements for development applications may be required. A number of minor amendments relating to the financial policies of the Plan were noted in a technical review of the Plan and will be brought forward in Phase 4: Policy Recommendations. 3 P a g e

6 b) accommodating an appropriate range and mix of residential (including second units, affordable housing and housing for older persons), employment (including industrial and commercial), institutional (including places of worship, cemeteries and long-term care homes), recreation, park and open space, and other uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; The Plan is consistent with the PPS b). The Plan, in Section 4. Managing Land Use, provides for a full range of land uses that are appropriate for a community comprised of a large rural area and small towns. All uses listed in b) are accounted for in the Plan. The Plan, in its current form, is consistent with c) of the PPS. The Plan contains policies in Section 4.3: Hazard Land designation and in Section 6. Sustainable Natural Heritage that avoid development within the floodplains, on steep slopes and other lands that are hazardous for development, in shoreline erosion areas, aquifer areas that are sources of drinking water and in environmentally sensitive areas. The Plan also contains policies to require the remediation of contaminated lands before they can be redeveloped to more sensitive land uses. There are also policies (Section 6.5) to encourage air quality improvement. Improvements to policies relating to hazard lands, environmentally sensitive features and potentially contaminated lands may be required and will be addressed in Phase 4: Policy Recommendations. 4 P a g e

7 d) avoiding development and land use patterns that would prevent the efficient expansion of settlement areas in those areas which are adjacent or close to settlement areas; e) promoting cost-effective development patterns and standards to minimize land consumption and servicing costs; f) improving accessibility for persons with disabilities and older persons by identifying, preventing and removing land use barriers which restrict their full participation in society; The Plan is consistent with d) of the PPS. A review of the Schedule B indicates that the designated urban and hamlet areas are generally surrounded by lands that are designated as agricultural. The exceptions are lands that are designated as either hazard lands or as provincially significant wetland. The boundaries of urban, hamlet and resort areas are also delineated on Schedule B. The expansion of these boundaries requires a comprehensive review of the Plan. The Plan is consistent with e) of the PPS. See comments for a) above The Official Plan in Section 7.2 j) states that: The County shall provide a barrier-free environment, where possible. The County will have regard to the Ontarians With Disabilities Act, and shall: i) establish an Accessibility Committee to address accessibility issues in the County; ii) prepare an Accessibility Plan to identify and seek to remove barriers to persons with disabilities in by-laws These policies are found in Section 7.2 Public Services. There are no other policies on accessibility found in the plan. As discussed in the County Plans Review and Conformity Exercise Report, the emphasis in the Plan is on creating a barrier free environment for public services. While the Plan has a broad definition of public 5 P a g e

8 g) ensuring that necessary infrastructure, electricity generation facilities and transmission and distribution systems, and public service facilities are or will be available to meet current and projected needs; and and policies, programs, practices and services; iii) ensure that all existing and new public services are accessible, as appropriate; and iv) through site plan approval, ensure that development proposals meet the accessibility standards in the Accessibility Plan. The Plan is consistent with g) of the PPS. Section 8. Networks & Infrastructure provides policies in support of the provision of the wide range of infrastructure facilities required to service rural and urban areas of the County. These infrastructure services include all modes of transportation, telecommunications, piped services, stormwater management and waste management services to include nongovernmental facilities such as theatres and places of worship, other uses such as commercial and employment uses are not included. The Plan needs to extend the accessibility requirement to a wider range of developments and to include the requirement for accessibility provisions in plans of subdivisions, severances and site plan control. Recommendations on these matters will be brought forward in Phase 4: Policy Recommendations. 6 P a g e

9 h) promoting development and land use patterns that conserve biodiversity and consider the impacts of a changing climate. The Plan is generally consistent with h) of the PPS. Biodiversity The Plan supports the conservation of biodiversity through several measures. Section 4.4 Provincially Significant Wetland Designation and Section 6. Sustainable Natural Heritage provide protection for significant natural features. The Environmental Impact Studies, required for development in or adjacent to significant natural areas, can assist in conserving biodiversity. Climate Change The phrase climate change cannot be found in the current Official Plan. Nevertheless, there are policies in the Plan that serve to mitigate and/or reduce the impacts of climate change. These include policies that protect settlement area boundaries, protection of significant natural features such as provincially significant wetlands, restrict development on hazardous lands including floodplains, encourage tree planting and within the Lakeshore SPASP, encourage development that meet LEED ND standards Some improvements to the current policies relating to the conservation of natural features may be warranted. With respect to climate change, the Plan can extend the LEED ND design principles throughout the entire municipality. The Community Improvement provisions can be expanded to include energy efficiency measures. The information requirements for complete development applications can encourage measures that improve energy efficiency and which reduce the carbon footprint of the County. Opportunities to minimize the impact of climate change and to reduce the County s carbon footprint will be considered. 7 P a g e

10 1.1.2 Sufficient land shall be made available to accommodate an appropriate range and mix of land uses to meet projected needs for a time horizon of up to 20 years. However, where an alternate time period has been established for specific areas of the Province as a result of a provincial planning exercise or a provincial plan, that time frame may be used for municipalities within the area. Within settlement areas, sufficient land shall be made available through intensification and redevelopment and, if necessary, designated growth areas. Nothing in policy limits the planning for infrastructure and public service facilities beyond a 20-year time horizon Settlement Areas Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets. Ontario s settlement areas vary significantly in terms of size, density, population, economic activity, diversity and intensity of land uses, service levels, and types of infrastructure available. The Plan is consistent with of the PPS. The Plan is based on the projected needs that were identified when it was prepared in This PPS statement is descriptive and provides general direction. The Plan is consistent with this general statement. The land use needs analysis requires updating for the next 20-year planning period. The Population Projection Study 2014 prepared by the County will be the basis for the needs analysis which documented in separate reports as part of the Official Plan review work program. The Integrated Sustainable Master Plan will identify future infrastructure requirements for roads, active transportation, water and sanitary sewage services. 8 P a g e

11 The vitality of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns, protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted Land use patterns within settlement areas shall be based on: a) densities and a mix of land uses which: 1. efficiently use land and resources; Section 3. Managing Growth of the Plan directs the greatest amount of future growth and development activity to the six urban areas of the County. Hamlet areas are to experience limited growth that is to be compatible with surrounding agricultural and resource areas. The focus in the agricultural area will be on agricultural production and resourcebased activities. The Official Plan, through a number of policy areas (Section 3.4 Urban Areas, Section 4. Managing Land Use and Section 8. Networks & Infrastructure) provides policies that address a) 1., and 2. The Plan is consistent with of the PPS. As stated with respect to PPS, policy h) can be improved. The phrase energy efficiency is absent in the plan and policies can be added to the Plan that support energy efficient development. 9 P a g e

12 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3. minimize negative impacts to air quality and climate change, and promote energy efficiency; 4. support active transportation; 5. are transitsupportive, where transit is planned, exists or may be developed; and 6. are freight-supportive; and b) a range of uses and opportunities for intensification and redevelopment in accordance with the As stated with respect to PPS policy h), while the Plan contains policies that are supportive of the mitigation of the impacts of climate change and which will encourage the reduction of the County s carbon footprint, these policies can be improved. The County Plans Review and Conformity Exercise Report notes that a study prepared for the Haldimand-Norfolk Health Unit identified a number of policy areas in the Plan where it is deficient in the promotion of active transportation. The Plan contains three policy statements that encourage development that is transit supportive (3.4.1 c), 6.5 g) and 8.2 g). When the Plan was prepared, a transit system was not in operation within the County. The Plan, in Section contains policies that are supportive of the movement of freight. The comments relating to Section of the PPS will deal with this matter. The comments made with respect to h) also apply here. Policies that promote active transportation and support public transit need improvement within the Plan. The Integrated Sustainable Plan, now under development, is addressing these matters and its recommendations will need to be considered for incorporation in the Official Plan. 10 P a g e

13 criteria in policy , where this can be accommodated Planning authorities shall identify appropriate locations and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing or planned infrastructure and public service facilities required to accommodate projected needs. Intensification and redevelopment shall be directed in accordance with the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. The Plan is consistent with and of the PPS. The Plan, through a number of policies, supports intensification and redevelopment, particularly within the designated urban areas as a means to reduce the pressure to expand settlement area boundaries. These policies can be found in 3.4 Urban Areas and Downtown Areas. Section Intensification contains specific policies to encourage residential intensification. The Plan, in a number of policies, encourages the remediation of contaminated sites before they are redeveloped to more sensitive land uses. Throughout the plan, development and redevelopment are subject to policies that protect natural resources, including prime agricultural land and provide protection from hazardous lands.. 11 P a g e

14 Appropriate development standards should be promoted which facilitate intensification, redevelopment and compact form, while avoiding or mitigating risks to public health and safety Planning authorities shall establish and implement minimum targets for intensification and redevelopment within builtup areas, based on local conditions. However, where provincial targets are established through provincial plans, the provincial target shall represent the minimum target for affected areas. The Plan is consistent with of the PPS. The Plan, in a number of policies (7.3 d) v) and c) contains policies that consider alternative development standards for affordable housing, compact development and intensification. The Plan also allows for increases in height and density of a development in exchange for affordable or rental housing, preservation of cultural heritage features, enhancement of natural heritage features, parkland dedication over and above what is required and the provision of social service facilities The Plan is consistent with of the PPS, however there can be improvements to existing policies. Norfolk County is not subject to any provincial intensification targets. In Residential Intensification, Norfolk County has set a target that 20% of residential growth in urban areas be through infill, intensification and redevelopment. The Plan does not define a boundary for the existing built up area for each of the urban areas within which any residential development will be considered as intensification. The setting of such a boundary will simplify monitoring of intensification to determine if the target of 20% is being met. A 20% target for residential intensification is reasonable for Norfolk County. Note that Brant County, which is located within the Growth Plan Area 12 P a g e

15 New development taking place in designated growth areas should occur adjacent to the existing built-up area and shall have a compact form, mix of uses and densities that allow for the efficient use of land, infrastructure and public service facilities Planning authorities shall establish and implement phasing policies to ensure: a) that specified targets for intensification and redevelopment are achieved prior to, or concurrent with, new development within designated growth areas; and The Plan is consistent with of the PPS. In Sections 3.4 j) and in Section 8.9 on Water and Wastewater Services, the Plan contains policies that promote efficient use of land and the extension of municipal services and encourages new development to occur adjacent to existing built areas. In Section 3.4 h) the Plan encourages intensification and redevelopment to occur prior to the consideration of an Urban Area expansion. for the Greater Golden Horseshoe, has set an intensification target of 15% in its Official Plan. Haldimand County has set a target of 32% of new dwelling units being provided through intensification. The Plan does not adequately deal with the relationship of intensification to the development of greenfield areas within designated urban areas. While the PPS allows for an number of options, it is recommended that policies be added to the Plan that allows for concurrent development within designated growth areas in Urban Areas and 13 P a g e

16 b) the orderly progression of development within designated growth areas and the timely provision of the infrastructure and public service facilities required to meet current and projected needs A planning authority may identify a settlement area or allow the expansion of a settlement area boundary only at the time of a comprehensive review and only where it has been demonstrated that: a) sufficient opportunities for growth are not available through intensification, redevelopment and designated growth areas to accommodate the projected needs over the identified planning horizon; b) the infrastructure and public service The Plan is consistent with b) of the PPS. In Section 8.9 on Water and Wastewater Services, the Plan provides policies that require the orderly progression of development in a manner that requires the efficient extension of municipal services. Policies on the expansion of Urban Areas is provided in Section 3.4 Urban Areas of the Plan. These policies are supplemented by the policies in Section Prime Agricultural Land. The Plan deals with all of the sub-polices contained in this section of the PPS, except for e) intensification. The Plan can encourage residential intensification and set targets but the actual implementation, for the most part, is reliant on private sector investment decisions that are beyond the control of the municipality. To provide further protection for agricultural operations, policies should be added to mitigate, to the extent possible, the impact of the expansion of settlement area boundaries on agricultural operations to deal with e). 14 P a g e

17 facilities which are planned or available are suitable for the development over the long term, are financially viable over their life cycle, and protect public health and safety and the natural environment; c) in prime agricultural areas: 1. the lands do not comprise specialty crop areas; 2. alternative locations have been evaluated, and i. there are no reasonable alternatives which avoid prime agricultural areas; and ii. there are no reasonable alternatives on lower priority agricultural lands in prime 15 P a g e

18 agricultural areas; d) the new or expanding settlement area is in compliance with the minimum distance separation formulae; and e) impacts from new or expanding settlement areas on agricultural operations which are adjacent or close to the settlement area are mitigated to the extent feasible. In determining the most appropriate direction for expansions to the boundaries of settlement areas or the identification of a settlement area by a planning authority, a planning authority shall apply the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety. 16 P a g e

19 1.1.4 Rural Areas in Municipalities Rural areas are important to the economic success of the Province and our quality of life. Rural areas are a system of lands that may include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource areas. Rural areas and urban areas are interdependent in terms of markets, resources and amenities. It is important to leverage rural assets and amenities and protect the environment as a foundation for a sustainable economy Healthy, integrated and viable rural areas should be supported by: a) building upon rural character, and leveraging rural amenities and assets; b) promoting regeneration, including the redevelopment of brownfield sites; c) accommodating an appropriate range and Rural Areas is a term that is not used in the Norfolk County Official Plan. On Schedule A - Community Structure, the areas designated as agriculture come close to matching the PPS definition of rural areas but does not include hamlet and resort areas which would be included in the PPS definition. In the Community Structure policies in Section 3 of the Plan, Section 3 the Agricultural Area includes all areas of the County outside of the urban areas, hamlets and resort residential areas. See comments on rural areas relating to section of the PPS. The Plan is consistent with of the PPS and its subsections. a) Maintaining the rural character of the County is one of the six themes upon which the Plan is based. This is outlined in Goal and in the seven objectives listed under this goal. The goals are further supported by Section 3.6 (Hamlet Areas) and 3.7 (Agricultural Area). The agricultural area depicted on Schedule A Community Structure of the Plan has a different meaning than the agricultural land use designation shown on Schedule B Land Use. This may be confusing and can be resolved by using terminology that is more consistent with the PPS. The term rural area has a broader meaning in the PPS than agricultural area does in the Norfolk Official Plan. This issue will be dealt with in more detail in the Agricultural Lands Study report. 17 P a g e

20 mix of housing in rural settlement areas; d) encouraging the conservation and redevelopment of existing rural housing stock on rural lands; e) using rural infrastructure and public service facilities efficiently; f) promoting diversification of the economic base and employment opportunities through goods and services, including value-added products and the sustainable management or use of resources; g) providing opportunities for sustainable and diversified tourism, including leveraging historical, cultural, and natural assets; h) conserving biodiversity and considering the b) In Section 5.7, the County encourages the remediation and redevelopment of contaminated sites or brownfields. c) In the rural settlement areas (hamlets) (section 4.5) the plan permits low density housing forms that are appropriate for the private services available in those areas. Vacation dwellings are also permitted in the designated resort residential areas (Section 4.5). d) The Plan is largely silent on the issue of conservation and redevelopment of existing rural housing. It does allow the severance of older surplus farm residences, built before e) The efficient provision of rural infrastructure is supported by the goal and objectives under the Upgrading and Expanding Infrastructure theme and by the servicing policies contained in Section 8. Networks & Infrastructure. f) The policies of the Plan are supportive of creating a diversified economy and the use of natural resources (see Section 5. Ensuring Economic Vitality) g) Section 5 and the Lakeshore SPASP encourage the development of tourism in the County, particularly along the Lake Erie shore line. 18 P a g e

21 ecological benefits provided by nature; and i) providing opportunities for economic activities in prime agricultural areas, in accordance with policy In rural areas, rural settlement areas shall be the focus of growth and development and their vitality and regeneration shall be promoted When directing development in rural settlement areas in accordance with policy 1.1.3, planning authorities shall give consideration to rural characteristics, the scale of development and the provision of appropriate service levels Growth and development may be directed to rural lands in accordance with policy 1.1.5, including h) Biodiversity and conservation of natural features is encouraged through the policies of Section 6. Sustaining Natural Heritage. i) This will be discussed further with respect to PPS policy 2.3 The Plan is consistent with of the PPS. The Official Plan, in Section 3 Managing Growth directs development to the urban areas of the County and to a lesser extent to the hamlet areas. The Plan supports the continued role of the hamlets areas as service and residential centres supporting the agricultural community. The Plan is consistent with of the PPS. Section 3, Managing Growth permits limited growth in the rural settlement areas that maintains the rural character of these areas and which can be supported by the private water and sanitary systems that are available in those areas. The Norfolk Official Plan does not have a rural lands designation. There is little opportunity for a rural lands designation in the Norfolk Official Plan due to the prevalence of prime agricultural lands, hazard 19 P a g e

22 where a municipality does not have a settlement area Rural Lands in Municipalities When directing development on rural lands, a planning authority shall apply the relevant policies of Section 1: Building Strong Healthy Communities, as well as the policies of Section 2: Wise Use and Management of Resources and Section 3: Protecting Public Health and Safety On rural lands located in municipalities, permitted uses are: a) the management or use of resources; b) resource-based recreational uses (including recreational dwellings); The Norfolk Official Plan does not have a rural lands designation. Norfolk County does not have a rural lands designation so policy is not applicable to Norfolk County. Except for limited residential development, these uses are permitted within the agricultural designation. This designation allows existing cemeteries to expand but does not permit the creation of new cemeteries. lands and wetlands outside of the urban and hamlet settlement and resort areas. This issue will be dealt with a more detail in the Agricultural Lands Study report. A review of the soil mapping indicates that there is very limited practical opportunity for a rural lands designation in Norfolk. This issue will be dealt with a more detail in the Agricultural Lands Study report. Consider deleting Section on Lifestyle communities in the agricultural area. 20 P a g e

23 c) limited residential development; d) home occupations and home industries; e) cemeteries; and f) other rural land uses Recreational, tourism and other economic opportunities should be promoted Development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted Development shall be appropriate to the infrastructure which is planned or available, and avoid the need for the unjustified and/or uneconomical expansion of this infrastructure. The Norfolk Official Plan, in Section permits, subject to conditions, lifestyle communities in the agricultural area denoted on Schedule A Land Use that are not prime agricultural, hazard or provincially significant wetlands lands. Lifestyle communities are beyond the scale of what would be considered as limited residential development. Norfolk County does not have a rural lands designation so policy is not applicable to Norfolk County. These opportunities are provided in the agricultural designation, particularly within the Lakeshore SPASP primarily as secondary uses and in the hamlet and urban areas. Norfolk County does not have a rural lands designation so policy is not applicable to Norfolk County. Norfolk County does not have a rural lands designation so policy is not applicable to Norfolk County. 21 P a g e

24 Opportunities should be retained to locate new or expanding land uses that require separation from other uses Territory Without Municipal Organization 1.2 Coordination A coordinated, integrated and comprehensive approach should be used when dealing with planning matters within municipalities, across lower, single and/or upper-tier municipal boundaries, and with other orders of government, agencies and boards including: a) managing and/or promoting growth and development; b) economic development strategies; c) managing natural heritage, water, agricultural, mineral, and cultural heritage and archaeological resources; d) infrastructure, electricity generation facilities and transmission and distribution systems, multimodal transportation systems, Norfolk County does not have a rural lands designation. so policy is not applicable to Norfolk County. Not applicable to Norfolk County Norfolk County is a single-tier municipality that works closely with other provincial ministries, such as Agriculture and Food, Natural Resources and Forestry, Environment and Climate Change, Municipal Affairs and Housing as well as the Long Point and Grand River Conservation Authorities in carrying out its responsibilities under the Planning Act and this is reflected in the policies of the current Official Plan. Population, household and employment forecasts have been prepared County-wide which is representative of a regional market area. The Housing Study, to be completed in 2016, will address the Ontario Housing Policy Statement. The four neighbouring counties of Elgin, Oxford, Brant and Haldimand are listed as stakeholders to be contacted as part of the OPR Review program. No issues. Continue currently planned coordination. 22 P a g e

25 public service facilities and waste management systems; e) ecosystem, shoreline, watershed, and Great Lakes related issues; f) natural and human-made hazards; g) population, housing and employment projections, based on regional market areas; and h) addressing housing needs in accordance with provincial policy statements such as the Ontario Housing Policy Statement Planning authorities are encouraged to coordinate planning matters with Aboriginal communities Planning authorities should coordinate emergency management and other economic, environmental and social planning considerations Among the stakeholder groups to be contacted and to have engagement opportunities as part of the Official Plan Review are: Six Nations of the Grand River, Mississauga s of New Credit, Haudenosaunee Confederacy, Six Nations Ecocentre, Six Nations Lands and Resources. Resilient communities are better able to bounce back from disasters and disruptions in a sustainable way and maintain a good quality of life for all. They are better prepared for uncertainties and Engagement with Aboriginal Communities is necessary to the completion of the Official Plan Review. Council is encouraged to develop a strategy for such engagement so that it can be incorporated into the Work program. The language used in PPS policy is discretionary. This policy should be considered in the preparation of policy recommendations in 23 P a g e

26 to support efficient and resilient communities Where planning is conducted by an upper-tier municipality, the upper-tier municipality in consultation with lower-tier municipalities shall: a) identify, coordinate and allocate population, housing and employment projections for lower-tier municipalities. Allocations and projections by upper-tier municipalities shall be based on and reflect provincial plans where these exist; b) identify areas where growth or development will be directed, including the identification of nodes and the corridors linking these nodes; c) identify targets for intensification and able to adapt to changing conditions. This involves: 1. Preparing for climate change and extreme weather; 2. Expanding renewables and energy efficiency; 3. Renew and strengthen infrastructure; 4. Strengthen the local economy. This is a broad policy and while the Official Plan has a role much can be done through other municipal activities. The Official Plan, in Section 3. Managing Growth provides forecasts for population and employment at the County level but is not broken down for smaller geographic areas such as the six urban areas. The Lakeshore SPASP has added specific forecasts of population and housing for Port Dover and Port Rowan. The Official Plan assigns the bulk of new development to the six urban areas with minor development in the hamlet and agricultural areas. There is no identification of development nodes within the urban areas. The Official Plan sets the intensification target of 20% of new residential units but does not define intensification areas or the limits of the existing built up area. It does not set a minimum target to be achieved before the expansion of settlement areas. The Official Plan does not set a minimum density target to be reached in areas Phase 4 of the Work program. The Population Projection Study, prepared by Hemson Consulting Ltd in 2014, provides population, household and employment forecasts for each of the six urban areas, for the hamlet areas as a whole and for the balance of the County and provides the opportunity to add these forecasts to the Official Plan in a consistent manner. The Official Plan can set a boundary line, based on the geographic extent of existing development, for each of the urban areas, within which any residential development can be considered as intensification. Public Transit was not established in Norfolk when the Plan was prepared and is 24 P a g e

27 redevelopment within all or any of the lower-tier municipalities, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy ; d) where transit corridors exist or are to be developed, identify density targets for areas adjacent or in proximity to these corridors, including minimum targets that should be met before expansion of the boundaries of settlement areas is permitted in accordance with policy ; and e) identify and provide policy direction for the lower-tier municipalities on matters that cross municipal boundaries Where there is no upper-tier municipality, planning authorities shall ensure that policy is addressed as part of the planning process, and should coordinate these within or adjacent to transit corridors before settlement area boundaries can be expanded. There are a number of cross-municipal matters that are addressed in the Official Plan. These include commercial development on the outskirts of Tillsonburg and the industrial influence area near the heavy industrial development along the lakeshore in Haldimand County. This policy is addressed in the comments relating to Section now in its early stages of development. Increasing the density of development along existing or potential transit routes will assist in ensuring its ongoing viability. However, the amount of development projected overall in Norfolk County is modest. It is not necessary to tie expansion of settlement areas to the achievement of intensification targets. 25 P a g e

28 matters with adjacent planning authorities Land Use Compatibility Major facilities and sensitive land uses should be planned to ensure they are appropriately designed, buffered and/or separated from each other to prevent or mitigate adverse effects from odour, noise and other contaminants, minimize risk to public health and safety, and to ensure the long-term viability of major facilities. 1.3 Employment Planning authorities shall promote economic development and competitiveness by: a) providing for an appropriate mix and range of employment and institutional uses to meet long-term needs; b) providing opportunities for a diversified economic base, including maintaining a range and choice of The Official Plan contains policies in several areas that protect sensitive land uses from the potential negative impacts from neighbouring land uses, especially those that are more intense. There is no recognition in the Official Plan of major facilities as defined in the PPS. The Official Plan in Section 5. Ensuring Economic Viability provides policies supportive of a wide range of employment activities, including tourism, use of natural resources, office, commercial and industrial uses. The agricultural policies in the plan are supportive of value added and farm diversification activities. In the downtown areas and to some extent the urban residential and hamlet areas, the Official Plan does contain supportive policies for mixed use development. The Commercial and May consider the land use designations applied to major infrastructure required to service the County, such as sewage treatment plants, water treatment facilities and public works yards. The Plan is inconsistent, for example the Simcoe sewage treatment plant is designated as Parks and Open Space while the Port Dover plant is designated as Industrial/Business Park. Consider expanding the mixed use policies in the Official Plan. 26 P a g e

29 suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; c) encouraging compact, mixed-use development that incorporates compatible employment uses to support liveable and resilient communities; and d) ensuring the necessary infrastructure is provided to support current and projected needs Employment Areas Planning authorities shall plan for, protect and preserve employment areas for current and future uses and ensure that the necessary infrastructure is provided to support current and projected needs. Shopping Centre designations do not permit mixed use developments. The Official Plan has policies that ensure that the appropriate infrastructure is in place for employment activities. The land use designation that most closely corresponds to employment areas as set out in the PPS is the Industrial/Business Park designation in Section This designation has a wider range of uses than provided for in the PPS definition for employment areas. For example, institutional, parks and open space uses are permitted. The emphasis in the policies appear to be the protection The range of permitted uses in the industrial/business park designation has to be reviewed to be consistent with the PPS and to protect industrial uses from compatibility issues from sensitive land uses. OPA s to permit non-industrial uses should be avoided. 27 P a g e

30 Planning authorities may permit conversion of lands within employment areas to non-employment uses through a comprehensive review, only where it has been demonstrated that the land is not required for employment purposes over the long term and that there is a need for the conversion. of sensitive land uses from industrial operations. Providing the necessary infrastructure is dealt with in other sections of the Official Plan. A number of amendments to the Industrial/Business Park designated areas have permitted such uses as a flea market, bingo hall, animal shelter and residential uses. The policies on the conversion of industrial or employment lands to other uses is contained in Section 5.6 Employment Activity. These policies are generally more detailed than that found in the PPS definition of comprehensive reviews except in the determination of future employment land needs which the Official Plan does not adequately address. Also need to define what is an employment area and subject to the comprehensive review requirements for conversion to non-industrial uses. Some older industrial sites may be excluded from the employment area designation. Furthermore, some employment areas may need to be excluded from industrial development to protect municipal wells through the Source Water Protection Plan. A review of the policies on the comprehensive review required for the redesignation of lands designated industrial/business park is needed to ensure that all aspects of the PPS requirements are included. The policies in the Official Plan should ensure that an OPA to permit non-employment uses in an employment area shall require a comprehensive review. 28 P a g e

31 Planning authorities shall protect employment areas in proximity to major goods movement facilities and corridors for employment uses that require those locations Planning authorities may plan beyond 20 years for the longterm protection of employment areas provided lands are not designated beyond the planning horizon identified in policy Housing To provide for an appropriate range and mix of housing types and densities required to meet projected requirements of current and future residents of the regional market area, planning authorities shall: a) maintain at all times the ability to accommodate residential growth for a minimum of 10 years through residential The Plan is consistent with of the PPS. In Norfolk the dominant mode of goods movement is by truck and the Official Plan, in Section 5 includes accessibility to Highways 401 and 403 as a consideration in the designation of employment lands. The employment areas in the Official Plan are based on the needs identified when the Plan was prepared in The Official Plan, in Section 7.3 Housing has policies that are consistent with these PPS policies on the long-term and short term residential development land targets and also with respect to providing a wide range and densities of housing. However, there are no policies on monitoring the supply of residential land. A review will be carried out to determine the supply of employment lands to ensure that there is sufficient land to meet the requirements over the next 20-year planning period. A longer planning horizon should be considered in the planning of future employment lands. Strengthen the monitoring policies in the Official Plan to ensure that on an annual basis the County has an adequate supply, both long-term and short-term, of land for residential development and further that the long-term supply is adequate to meet the needs of the urban communities over the 20-year planning period. A review of the residential land supply will 29 P a g e

32 intensification and redevelopment and, if necessary, lands which are designated and available for residential development; and b) maintain at all times where new development is to occur, land with servicing capacity sufficient to provide at least a three-year supply of residential units available through lands suitably zoned to facilitate residential intensification and redevelopment, and land in draft approved and registered plans Where planning is conducted by an upper-tier municipality: a) the land and unit supply maintained by the lower-tier municipality identified in policy shall be based on and reflect the allocation of population and units Not applicable to Norfolk as this is covered in of the PPS. be carried out to determine the supply that is currently available. 30 P a g e

33 by the upper-tier municipality; and b) the allocation of population and units by the upper-tier municipality shall be based on and reflect provincial plans where these exist Planning authorities shall provide for an appropriate range and mix of housing types and densities to meet projected requirements of current and future residents of the regional market area by: a) establishing and implementing minimum targets for the provision of housing which is affordable to low and moderate income households. However, where planning is conducted by an uppertier municipality, the upper-tier municipality in consultation with the lower-tier municipalities may identify a higher The Official Plan is consistent with these PPS housing policies. In Section 7.3 c) the Plan sets an affordable housing target of 25% of all new housing units to be developed. The Plan allows for residential intensification, particularly in the urban areas including permissive policies on second units within residential dwellings. The Plan also encourages redevelopment for residential purposes, the development of surplus government lands for housing, innovative housing forms and flexible zoning standards to permit a broad and varied range of housing forms, types, sizes and tenures. Second units are permitted through accessory residential dwelling policies in Section of the Plan. The Official Plan policies will be subject to further review upon the completion of the Housing Study now underway. 31 P a g e

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