Town of South Bruce Peninsula Planning Report Application: SBP OP Review File No: Date: February 3, 2016

Transcription

1 Town of South Bruce Peninsula Planning Report Application: SBP OP Review File No: Date: February 3, Purpose of Report This report reviews and considers changes to Rural Area policies in respect of the Town of South Bruce Peninsula Official Plan as part of a 5 year review under Section 26 of the Planning Act. This report is undertaken as Part 1 of the review of the TSBP Official Plan. Part 2 will review policies for Urban / Settlement Areas within the Plan. The Town of South Bruce Peninsula Official Plan (SBPOP) (click here) was adopted in 2003 and came into force and effect in The Plan is structured in two parts. Sections 1-10 apply to various designations within the Town of South Bruce Peninsula. Section 11 consists of the Wiarton Community Plan, originally developed in the early 1990s, re-adopted into the Townwide SBPOP, and applicable to lands within the Wiarton Settlement Area. Since the Plan was adopted the Province has issued new Policy Statements, most recently the 2014 Provincial Policy Statement (click here) which came into effect April 30, The SBPOP is required to conform to the Provincial Policy Statement and to the policies of the upper tier plans which are in effect. The Town has initiated a review of the Plan to assess its conformity with the Planning Act, Provincial Policy Statement 2014, Niagara Escarpment Plan, and County Official Plan and its ongoing relevance to the Community, and to undertake amendments which may be necessary. 2. Preliminary Recommendation Following review of the Planning Act, Provincial Policy Statement, Niagara Escarpment Plan, and the Bruce County Official Plan Staff recommend that Rural Areas Policies of the Bruce County Official Plan provide an appropriate policy framework for governing development outside of Primary and Secondary settlement areas such as Wiarton, Sauble Beach, Allenford, and Hepworth. Additional policy coverage at the local Official Plan level: Is not required to achieve plan objectives, which are generally comparable between the County Official Plan and the SBPOP Reduces the ability of the town to be flexible and adapt to changing circumstances. Requires additional resources for reviewing, maintaining, and amending policies in conformity with various higher-level plans and documents. Staff accordingly recommends that, in considering its Official Plan, Council: 1. Receive this report regarding Rural Area coverage in the Town of South Bruce Peninsula Official Plan. 2. Support the removal of local plan coverage of areas outside of the Primary Urban areas of Wiarton and the Secondary Urban Areas of Hepworth, Allenford, and Sauble Beach. The exact mechanism for removal (deletion of these areas or adoption of a new plan for urban areas only) will be recommended during Phase 2, when the scope of change to the Urban Areas policies is becomes known.

2 3. Determine whether policies which are currently more restrictive in the SBPOP such as for: Surplus farm dwellings; Consents of rural non-farm lots; Recreational facilities within Travel Trailer Parks / Commercial campgrounds; an Aggregate Haul Route in northern Albemarle Township; and Applications for new Extractive Industrial Use Are important to retain, and if so to make this determination through a resolution of Council following public submissions as per the process outlined Appendix A 4. Request that Bruce County Council, through its Planning and Development Committee, proceed with updates to necessary policies of the County of Bruce Official Plan, and request that in undertaking these amendments the County provide opportunities for open houses and other methods of public consultation throughout the County including South Bruce Peninsula. 3. Context Bruce County has 8 local Municipalities, of which 2 the Town of South Bruce Peninsula and the Township of Huron-Kinloss have Official Plans for all areas within the Municipality. Other Municipal or Local Official Plans apply only to settlement areas. The County Official Plan is structured to provide general policies for land use in settlement areas and to provide both general and specific policies for land use in Rural areas (anywhere outside of settlement areas, including areas with primarily cottage or recreational development around lakes and small hamlets). The SBPOP must conform to the County Plan, though it can be more restrictive. The Niagara Escarpment Plan applies to parts of Wiarton, Colpoys Bay, Hope Bay, and Rural areas associated with the Escarpment in the former Albemarle Township. The Town s Official Plan is required to conform to the Niagara Escarpment Plan, although it may be more restrictive. What does this mean for development proposals? Having policies for Rural areas (which are similar to those of the County Plan) means that development proposals that require an amendment to the County plan also require an amendment to the SBPOP, and some applications require amendments to the SBPOP but not the County Official Plan. This requires public meetings at the local level for the plan amendment and forwarding the amendment to the County for approval. Is this really an issue? Since it came into effect in 2003 there have been 42 applications to amend the SBPOP (average of 3.6 per year). 19 of these amendments have been related to properties in Urban areas such as Wiarton, Sauble Beach, Hepworth, and Allenford, while the balance (23) have been for Pits and Quarrys (10) Shoreline and Inland Lake areas (7) and Rural Lands or Agricultural Lands (6). Is Council s ability to make decisions impacted by having or not having Rural Areas in the Plan? Typically a development that requires an Official Plan Amendment also requires an amendment or a minor variance to the Zoning by-law (which implements the Plan). This involves a public meeting and opportunity for the local municipality to consider passing a by-law.

3 In most cases removal of Plan coverage in Rural areas would not reduce opportunity for public input or for decision-making by the local municipality. Removing Rural plan coverage could however reduce the time and cost required to process development applications. So what do these policies say? Is there any benefit to having them in the first place? Section 4 of this report provides a comparison of the policies of the South Bruce Peninsula Offical Plan (SBPOP) and the County Official Plan, highlights differences between them, and considers potential impacts if the SBPOP has no rural areas policies. 4. Land Use Policy Review Rural Areas in the SBPOP are classified in the following designations: 4.1. Environmental Policies Environmental Wetland Environmental Significant Areas Environmental Hazard 4.2. Open Space 4.3. Agriculture 4.4. Rural 4.5. Estate Residential (Beattie Lake, Spry Lake, some areas near Oliphant) 4.6. Residential (in hamlet areas and clustered along County Rd 8 (by Sauble River) 4.7. Shoreline Development (includes Colpoys Village Designated Hamlet in County Plan) Future Residential 4.9. Institutional (Selah Camp and cemeteries) Commercial Recreational Commercial Industrial Extractive Industrial Potential Extractive Industrial Waste Disposal Industrial The following policy review summarizes these designations and analyzes their policies in comparison to the County Official Plan. The numbering of each section of the following review is the same as the Sections in the SBPOP. 4.1 Environmental Policies Environmental Policies are classified into 3 categories: Wetland, Significant Area, and Hazard area Environmental Wetland This designation includes Provincial, Regional, and locally-significant wetlands. The purpose of this designation is to identify wetland areas which require protection from disturbance and/or incompatible land uses. The Plan prohibits development within the wetlands and requires an

4 Environmental Impact Study (EIS) to support development proposals within 120 metres of the designation. In comparison, the County Official Plan requires an EIS within 120 metres of a provincially significant wetland (PSW) and within 60 metres of a locally significant wetland (LSW). By way of background, in the late 1970s the province issued a provincial policy statement on wetlands (predated Comprehensive PPS). A map was produced at 1: 50,000 scale around 1980 to support the policy statement by showing which wetlands met criteria for provincial significance. When the County Official Plan was prepared for adoption in 1997, this source map was used to devise Schedule C to the County Official Plan Constraints. Schedule C shows wetlands in classes 1 to 3 as Provincially Significant, and any of the other evaluated wetlands on the 1980 map as being Locally Significant. Neither the County Plan nor the SBPOP provide further definition or criteria for Regionally significant wetlands. Summary: The main difference between the two policies is the threshold for requiring an EIS in relation to locally significant wetlands: the County Plan requires an EIS within 60m of a LSW, while the SBPOP requires an Environmental Impact Study within 120 metres of a LSW. If SBPOP has no rural coverage: development may be permitted in lands that are m from a locally significant wetland without an EIS. The areas affected are illustrated on Appendix B. Some development within these areas is permitted within the scope of the zoning by-law. Based on Planning designations the lands around Chesley Lake (Map 1) generally have limited potential for additional development that would not also be addressed by the County Plan requirement for an EIS within 120 metres of fish habitat. The lands south of Wiarton (Map 2) and in the north part of Albemarle Township (Map 3) are rural lands, some of which have been evaluated as part of a licensed aggregate extraction facility. For additional development that would trigger an EIS a 60 metre buffer from the LSW is likely sufficient Environmental Significant Area The plan describes these areas as lands deemed to have special environmental significance due to their ecological function, attributes or linkages, and, for example, encompass significant valleylands, fish and wildlife habitat, primary woodlands, Areas of Natural and Scientific Interest and lands under the authority of the Conservation Authority, Ministry of Natural Resources or agencies such as the Federation of Ontario Naturalists. A review of Background mapping for this designation indicates that significant valleylands, primary woodlands, or fish habitat have not been identified in the Town of South Bruce Peninsula and did not form part of the basis for this designation. Deer yards (significant wildlife habitat) are identified, but do not accurately reflect currently mapped deer yards. It appears that the prevailing criteria for this designation is ownership by CAs, MNR, or a landowner requesting the designation and Areas of Natural and Scientific Interest. County Plan policies address publicly held / conservation lands through the Open Space designation. In general, these lands are subject to management plans by the various organizations which achieve the plan s conservation objectives. The County Plan identifies Areas of Natural and Scientific Interest through constraints mapping. Both the local plan and the County plan permit limited development as-of-right within these areas which is reflected through the general approach of zoning them OS Open Space or RU1 General Rural.

5 Summary: There is comparable mapping coverage and minimal policy difference between the County Plan and SBPOP for areas described in the SBP OP as Environmental-Significant Area. If SBPOP has no rural coverage: there would be no significant policy impact on lands designated Environmental Significant Area Environmental Hazard This designation applies to lands that are unsuited to development due to inherent hazards such as their susceptibility to flooding or erosion, poor drainage, organic soils or steep slopes. Permitted uses are limited to a range of conservation and public uses, excepting habitable buildings and structures. The SBPOP has two separate schedules for Hazard Land Areas; one set is within the various schedules, and the other is appended as Schedule T. Schedule T represents what was the best available information from the Conservation Authority and the County Official Plan at the time that the plan was prepared. Both the County Plan and the SBPOP note that mapped boundaries are approximate and can be more precisely defined in consultation with Conservation Authority / Approval Authority without requiring a plan amendment. If more information is required in respect of a development proposal, both plans place responsibility for costs of engineering / mapping / research on the proponent. Both plans also require an EIS to support substantial changes to hazard area boundaries / development within hazard land areas and generally speak of Environmental considerations as well appropriate engineering. Both plans note that Hazard designations may apply to privately owned lands; that Hazard lands are not necessarily free and open to the public; and that the Municipality / Public authorities are under no obligation to acquire Hazard lands (although they may do so if it is considered to be in the public interest). The County Plan has specific policies for an area of the Sauble River near Allenford that is subject to ice jams. The SBPOP has more specific policies around Conservation Authority regulated areas, which are applicable whether or not they are referenced in the plan. The SBPOP text also has more descriptive language about the risks associated with various types of hazards. Summary: Both plans have comparable approaches to hazard land areas. If SBPOP has no rural coverage: there would be no significant policy impact on lands designated Environmental Hazard 4.2. Open Space The SBP OP Open Space designation applies to existing public and private parks and the policies of this section are intended to guide the establishment of new public and private parks. Public recreation areas are to be expanded as development proceeds. The designation directs that, in determining the optimum location for public and private parks, particular care shall be taken to ensure that significant public open space areas are provided in the vicinity of areas of concentrated residential development, and, wherever possible, school sites. The County Plan Open Space designation applies to large scale outdoor recreation and natural areas (including Golf Courses), crown lands, Conservation Authority Lands, County Forests and National Parks, and Provincially owned-lands. In general, Municipal parks are not included as they are permitted in most land use designations. The County Plan also permits golf courses and other space-extensive recreational commercial uses (ski facilities, riding stables. equestrian

6 centres, etc.) as Rural Commercial uses, within the Rural designation, without amending the Official Plan provided a number of development criteria are met. Summary: Lands designated Open Space in the County Plan are generally designated either Open Space or Environmental-Significant Area in the SBPOP (reviewed in section 4.2 above). If SBPOP has no rural coverage: Large-scale Rural Open Space areas would generally remain within the County s Open Space network. Private Parks / golf courses and other spaceextensive recreational commercial uses would be subject to the Rural Commercial policies of the County s Official Plan, which would be considered on a case-by-case basis through zoning by-law amendments. Note: Open Space or Park policies within settlement areas will be reviewed in the context of urban areas policies of the SBPOP, and discuss concepts of Natural Heritage Systems that are identified in the PPS (2014) as they relate to urban areas Agriculture The SBPOP Agricultural Designation includes lands that are within Canada Land Inventory soil classes 1, 2, and 3, class 4 lands where agricultural uses are predominate, lands which have high capability for specialty crops, and lands which exhibit characteristics of ongoing viable agricultural use. The County Official Plan s Agricultural Areas designation pursues the same objective in a different way, and includes Class 1, 2 and 3 soils as defined by the Canada Land Inventory Soil Capability Classification for Agricultural Capability that are greater than 80 hectares in size, and pockets of Class 4, 5, 6, or 7 soils that are smaller than 80 hectares in size. As a result, this designation will include a combination of higher capability and lower capability soils. The designation has been determined based upon the 80 hectare majority of the predominant soil type. The County Plan notes that a local municipality may develop a local strategy to identify agricultural areas through an Amendment to this Plan, or by preparation of a Local Official Plan, such as the SBPOP. The approach used in the County Plan identifies more lands as Agricultural than the SBPOP, though generally in similar locations. The County Plan designates larger Agricultural areas in the Half Mile Strip, areas around Maryville Lake Road and just north of Gould Lake (which are also mapped as an Area of Natural and Scientific Interest), and open areas within the diagonal concessions west of Clavering, and north and east of Spry Lake. However, the County Plan identifies a largely forested pocket of land between Allenford Road and Bruce Road 14 (south of Bruce Road 8) as Rural while these lands are designated Agricultural (together with surrounding lands) in the SBPOP. The County Plan describes a process for a comprehensive Land Evaluation Area Review (LEAR) if it is apparent that the Canada Land Inventory Approach has limitations in a particular area. This is intended as a large-scale process involving the Ministry of Agriculture, Food, and Rural Affairs. The SBPOP outlines a process for site-specific amendments based on a number of considerations. In 2003, the Municipality of Kincardine undertook a LEAR in the area near Tiverton that redesignated some areas from Agricultural to Rural based in large part on the extent of existing fragmentation. From a desktop review of these lands it does not appear that there is extensive fragmentation within Agricultural lands identified in the County or Local Official Plans for South Bruce Peninsula. In terms of policy, the County Plan defines Agricultural uses more thoroughly than the SBPOP.

7 Permitted uses, including secondary uses or secondary compatible uses are comparable in their concepts. The SBPOP does specifically note that council should consider adequacy of access from existing and proposed roads for secondary uses; in the County Plan this is addressed more specifically in terms of changing legal conforming uses to similar uses that are permitted in the Agricultural or Rural designation. The County Plan permits a primary farm residence as well as a secondary farm residence on the same lot, whereas the SBPOP permits a farm dwelling and permits garden suites and apartments through a site-specific zoning by-law amendment. Both the County Plan and the SBPOP allow consents in the Agricultural designation under limited circumstances, including for Agricultural lots (generally one 40 ha / 100 ac lots), dwellings surplus to a farm operation (provided the farm lands are zoned to prohibit residential uses), and agriculturally-related commercial and industrial uses. Policies are generally similar and limit the number of severances from an original township lot in the Agricultural designation to one additional lot. The SBPOP places a further restriction on severances of surplus farm dwellings, restricting them to circumstances where the farm operation that is acquiring the parcel is abutting or across a road. There has been little formal interest in surplus farm dwelling severances in South Bruce Peninsula; review of written inquiries as far back as 2004 yielded only seven letters in regard to this type of application, and the comprehensive zoning by-law indicates three Rural properties subject to site-specific zoning which prohibits residential uses. In general, we note that farm consolidations are often associated with cash crop operations, while agricultural operations in the Town of South Bruce Peninsula have tended to be more oriented around livestock. Some inquiries and severances of existing dwellings on lots designated Rural have occurred, and achieve the same objective for the farmer without the prohibition of new residential uses that applies on lands within the Agricultural designation. Summary: Agricultural policies are similar in the County Plan and SBPOP. The TSBP official plan has additional restrictions on surplus farm dwelling severances, limiting them to acquisitions of abutting or adjacent (across a road) farm parcels. If SBPOP has no rural coverage: Surplus farm severance policies could be addressed by:.1 Using County Policy (surplus dwelling severances not limited to situations where an adjacent/ abutting farm is acquiring another farm)..2 Requesting a Countywide amendment to restrict surplus farm severances to adjacent / abutting properties..3 Requesting a special policy for agricultural areas in the Town of South Bruce Peninsula to restrict surplus farm dwelling severances to adjacent / abutting holdings Rural Lands designated Rural are areas with lower agricultural capability and generally encompass Class 5, 6, and 7 soils, as established by the Canada Land Inventory (CLI) of Soil Capability for Agriculture, as well as Class 4 soils where non-agricultural uses are predominant. While these lands are considered marginal in terms of agriculture, some do accommodate existing agricultural operations, and it is the intent of this Plan to maintain the viability of these existing farm uses. The amount and type of non-farm development permitted within the Rural designation shall be consistent with maintaining the Town s historical agricultural community and rural character while protecting its natural heritage features. The rural designation permits all of the uses permitted in the agricultural designation as well as recreational facilities, (such as golf courses, lodges, ski facilities and special event facilities), and a kennel/riding club, subject to a zoning by-law amendment. Further policies require an Official

8 Plan amendment for proposals involving parcels greater than 160 hectares (395 ac) and/or significant site alteration / major buildings and structures. The County Official Plan method of mapping Agricultural and Rural designations is discussed above. The rural designation consists of original Township lots and smaller lots. The plan generally discourages rural fragmentation. Consents policies limit lot creation to one 1 additional lot per Township lot, but do not include infill lots (between existing non-farm lots or between non-farm lots and a natural feature such as river/stream/steep slope) in the count. Notwithstanding these policies, the County Official Plan limits lot creation in the Rural designation to either 2 x 20 ha (50 ac) or 2 non-farm lots (approx. 2 ac) plus a retained parcel, with a note that the first non-farm lot severed from a township lot must be built upon before second lot will be considered. Overall, GIS data indicates a supply of 378 vacant rural-zoned properties with road access in the Town of South Bruce Peninsula as of early 2015, of which 166 are smaller than 4 hectares. Over the period from (16 years) a total of 505 dwelling units have been constructed in the former Amabel Township; 349 of these were in the Sauble Beach and Oliphant areas, leaving 155 in rural areas, Allenford, and around inland lakes such as Gould Lake and Chesley Lake. A total of 161 dwelling units were constructed in all areas of the former Albemarle Township over this time period, suggesting that at these rates of development there is not a pressing need for additional rural lot creation over the period of the planning horizon. Summary: Objectives of the SBPOP Rural policies and the County Official Plan Rural Policies are comparable. The SBPOP approach to rural consents is more generally more restrictive than the County Plan and the combination of policies effectively limits consents to 1 non-farm lot per Township lot or 2 in the case of infilling. If SBPOP has no rural coverage: the infilling requirement would not apply to severance of a second lot from a rural Township lot Estate Residential (Beattie Lake, Spry Lake, some areas near Oliphant) The Estate Residential designation is intended to provide residents of the Town with an alternate (rural) lifestyle opportunity in settings offering significant rural attributes such as scenic views, proximity to valleylands or natural water-bodies, tree cover and/or undulating topography. The designation reflects existing lots near Beattie Lake, Spry Lake, and some areas near Oliphant. These areas are designated Inland Lake Development or Shoreline Development in the County Official Plan. The County Official Plan also has an estate residential designation with criteria to evaluate estate residential proposals. Within the County there are limited existing areas identified as Estate Residential. Since the Plan was adopted there have been no applications for new estate residential areas. As noted above there is a healthy supply of vacant rural lots on opened roads in the Town of South Bruce Peninsula. Estate Residential policies require that development proposals use internal subdivision road systems to access new lots. Summary: There are limited areas of existing lots within the Estate Residential designation. If SBPOP has no rural coverage: Direction for existing Estate Residential areas in the Town of South Bruce Peninsula would be appropriately provided by Rural Recreational and Inland Lake Development policies within the County Official Plan. Any new proposals could be

9 evaluated against the Provincial Policy Statement and policies of the County Official Plan in effect at the time of the proposal Residential (in hamlet areas and clustered along County Rd 8 (by Sauble River) The Town identifies some lands in Rural areas as Residential, including hamlet areas such as Mar and Park Head and a residential cluster along Bruce County Road 8 near the Sauble River. The Town s Residential policies are also applied to settlement areas such as Hepworth and Allenford, and include provisions for future growth in the Sauble Beach area. Policy review and options for Primary and Secondary Urban Communities will be addressed through the Urban Areas policy review. Residential policies in the SBPOP and the County Plan generally permit development within Hamlets on existing lots of record or on infill lots (where the size is appropriate for the form of servicing available). The Residential designated area (Clifford Street, Crescent Street, Front Street) near the Sauble River is designated Agriculture in the County Official Plan. Based on existing development, and lot configuration, this area which is fully developed except for one marginal lot is effectively limited to the existing uses and lot layout. Summary: This designation generally applies to settlement areas, hamlets and a cluster of dwellings near the Sauble River. If SBPOP has no rural coverage: Hamlets and the cluster noted above can be addressed through Hamlet policies of the County Plan and Agricultural policies which allow residential uses on existing lots of record Shoreline Development (includes Colpoys Village Designated Hamlet in County Plan). The Shoreline Development Area within the Town recognizes developed seasonal tourist commercial and permanent residential areas along the shoreline and inland lakes and the communities of Sauble Beach, Oliphant, Howdenvale-Red Bay, Colpoys Bay, Hope Bay and Mallory Beach. The existing development within these areas is recognized, however, the protection of the resource (i.e. the waterfront) which is the raison d etre (reason for being) for the development is paramount. As noted above, developed areas of Spry Lake and Beattie Lake are designated Estate Residential. Corresponding designations in the County Official Plan are generally Rural Recreational Area and Inland Lake Development Area. Colpoys Bay is designated a Hamlet in the County Official Plan and a Minor Urban Centre in the Niagara Escarpment Plan. The Rural Recreational designation applies to areas along the Lake Huron / Georgian Bay shoreline which do not have access to Municipal water and Municipal sewer services. The plan identifies existing developed areas and permits limited additional development through infilling and rounding out of development. The County Plan designation notes that intensive site evaluations have not been undertaken for these lands and the designation of land as Rural Recreational Area is no assurance that any given land is suitable for development. Rural Recreational policies in the County Plan are designed to provide detailed policy coverage for areas that are not included within a local Official Plan, and to provide parent policies for areas that are also included in a local Official Plan.

10 The County Plan requires that Local Plans which provide policy coverage in the Rural Recreational designation include detailed policies addressing development issues unique to lakeshore areas, including: i) Policies directing both seasonal and year round residential uses, and the circumstances in which year round uses are permitted, including references to scale and intensity of development and public waterfront access availability; ii) iii) iv) Servicing policies addressing private, communal and municipal sewage and water servicing; Detailed commercial use policies dealing with redevelopment of existing uses, and may include policies permitting a broader range of commercial services; Detailed and refined land use designations, such as open space, resort commercial, natural environment or hazard areas, and neighbourhood commercial providing for specific uses within the designations. The County Plan further describes that local Municipalities need either a local plan with specific policies to permit permanent residential uses or need to conduct a neighbourhood by neighbourhood review that evaluates the suitability of each neighbourhood for year-round residential uses, and then recognize appropriate areas in a year-round zone. The Municipal zoning by-law has identified most areas within the Rural Recreational designation as R2 Resort Residential or R1A Un-serviced Detached Residential. The most substantive criteria in these areas is whether the road is maintained on a year-round basis. General provisions of the zoning by-law require frontage on a year-round road in order for a building permit to be issued. Section 5.3 of the SBPOP outlines the process by which a property without frontage on a year-round road may become eligible for a building permit. This section requires compliance with the zoning by-law, which is generally achieved, where appropriate, through a minor variance application to provide relief from the requirement for frontage on an opened and maintained road. The Municipality of Northern Bruce Peninsula employs a similar process but has not defined it in a local Official Plan. General policies for development on islands are the same in both plans, with the County Official Plan providing additional details regarding requirements for evaluating for large-scale developments should they be proposed. In respect of Inland Lakes, both Plans are essentially identical and identify that All inland lakes in the County are environmentally sensitive due to their size, depth, rate of in-flow and rate of out-flow. In some cases, the existing density of development has created problems to the extent that many lakes may be at or above their natural carrying capacity. Development is to be reviewed with a cautionary approach, and generally limited to infilling and minor rounding out of development. Major developments would require a plan amendment. Commercial uses are limited to existing uses with minor expansions / upgrading and limited-scale convenience commercial uses. The County s Hamlet designation provides additional flexibility for uses in Colpoys Bay than either the County s Rural Recreational or SBPOP Shoreline Development designations; these uses include some dry industrial uses and a broader range of commercial and institutional uses (such as a Community Centre) than the essentially tourism-oriented uses that are permitted in the Rural Recreational designation.

11 Summary: Shoreline Development and Inland Lake Development Policies in the SBPOP are essentially identical. The County Plan s designation of Colpoys Bay as a Hamlet provides the possibility of additional flexibility in the range of permitted uses. If SBPOP has no rural coverage: The Colpoys Bay settlement area would be subject to Hamlet policies which contemplates a broader range of uses than the Town s shoreline development designation, subject to the zoning by-law Future Residential The Future Residential designation is a holding category encompassing lands within the Town s settlement areas where residential development is expected to occur. This development is restricted pending the completion of the necessary studies to justify such development. Development in the Future Residential designation may proceed without an Official Plan amendment and is to be evaluated based on outcomes of various studies and the subdivision approval process and zoning by-law. The Future Residential designation is applied to lands at the south end of Hepworth (adjacent to Pine Tree Drive), some areas around Silver Lake (south Sauble Beach area) as well as larger non-waterfront lots in Oliphant and Red Bay. Summary: Both plans provide for detailed evaluation of development proposals in the lands designated future residential in the SBPOP. Urban policies and County plan Rural Recreation policies can address development proposals in these areas. If SBPOP has no rural coverage: There would be no appreciable impact on these lands. The Hepworth and Sauble areas can be addressed through urban areas policies in the SBPOP. Other areas within this designation are designated Rural Recreation in the County Official Plan and would require detailed evaluation under these policies of the issues (Environmental Impact, Traffic Impact, Stormwater Management, and Hydrogeology) that are currently identified in the SBPOP Institutional (Selah Camp and cemeteries) The Institutional designation recognizes existing Institutional uses throughout the Town and directs that uses be for buildings and properties which are public, semi-public or private and non-profit in nature and sets out uses such as schools, churches, cemeteries, service clubs, municipal buildings, and other similar uses. In Rural Areas, the Institutional designation is found mostly within identified hamlets (such as Purple Valley, Park Head, Mar, Colpoy s Bay) or in Shoreline Development/Rural Recreational areas (where they are permitted in the County Official Plan), or in urban areas where they are encouraged to locate by the County Plan and can be dealt with through urban areas policies. The Plan does not generally encourage new institutional uses outside of Settlement areas. Outside of settlement areas, the Hepworth Legion is designated Institutional as is the Selah camp on Berford Lake. In the County Plan These uses are subject to policies which provide for existing uses to be permitted in the comprehensive Zoning By-law. Summary: Most Institutional uses are located in settlement areas. New Institutional uses are encouraged to locate in settlement areas. If SBPOP has no rural coverage: There would be no appreciable impact on existing Institutional-designated uses in Rural areas. Conversion of surplus institutional buildings in Rural Areas to new uses could be accomplished through a zoning by-law amendment without requiring an Official Plan Amendment.

12 4.10. Commercial Similar to Institutional uses, the SBPOP directs Commercial uses to settlement areas. The policies that are in place in respect of commercial uses are based on settlement areas. Rural Area planning maps, however, place some existing commercial uses in the Commercial designation, such as the Handicraft House on Highway 6 north of Wiarton, and a restaurant at the corner of South Oliphant Road and the Sauble Falls Parkway (Bruce County Road 13). Summary: As with Institutional uses, existing use policies of the County Official Plan and zoning by-law are adequate tools to address these uses. If SBPOP has no rural coverage: There would be no appreciable impact on existing Commercial-designated uses in Rural areas Recreational Commercial The Recreational Commercial designation applies to existing tourist facilities which provide accommodation to the traveling public in the form of campgrounds, along with accessory recreational and commercial facilities. New campgrounds require an Official Plan Amendment. Policies associated with this designation provide criteria for Recreational Commercial uses and for allowing Park Model trailers, and require clustering, recreational facilities for the park residents to avoid overwhelming municipal recreation facilities, appropriate sanitary and water services, traffic issue to be addressed, and a report regarding environmental impacts and mitigation. The County Official Plan provides a more thorough description of the information requirements for a Travel Trailer Park or commercial campground, but does not have a specific requirement for recreational facilities for park residents. The plan also provides that separate and distinct areas within a campground could be identified for permanent residential uses, subject to specific criteria. Summary: These policies are comparable in their intent. If SBPOP has no rural coverage: There would be no appreciable impact on existing Recreational Commercial uses. Amending County Official Plan policies to include requirements for recreational facilities within campgrounds and trailer parks for their users may be a worthy consideration Industrial Industrial Policies in the SBPOP direct new industrial development to the Wiarton Settlement area. Our review of Rural areas identified one Industrial-designated property outside of any settlement area, along Red Bay Road. This property is subject to a site-specific zone which permits an automobile and farm machinery repair establishment with site-specific criteria. The County Official Plan permits Farm-related Commercial and Industrial uses (in the Agricultural designation) and permits farm related and other Rural Commercial and Industrial uses in the Rural designation. Summary: The single Industrial designated property outside of a settlement area in the TSBP Plan is also addressed in the County Official Plan through general Rural Industrial policies. If SBPOP has no rural coverage: There would be no appreciable impact on the existing Industrial-designated property. Future Industrial uses in Rural areas could be addressed through policies of the County Official Plan Extractive Industrial. The Extractive Industrial Designation is for areas for extraction, processing, and storage of mineral aggregates and includes both pits and quarries. Mineral Aggregate resources are given

13 particular attention in the Provincial Policy Statement which requires that they be identified where possible, protected for long-term use (from development and activities that would preclude/hinder expansion), and as much of the resource as realistically possible be made available as close to markets as possible. The PPS excludes mineral aggregate proposals from market or supply/demand analysis, requires that extraction minimize social, economic, and environmental impacts, and requires progressive and final rehabilitation to accommodate subsequent land uses. The PPS also encourages comprehensive rehabilitation planning where there is a concentration of mineral aggregate operations. Mineral Aggregate Resources are also governed by the Provincial Aggregate Resources Act (ARA) which is administered by the Ministry of Natural Resources through operational standards and a licensing process. Licenses can be issued under the Aggregate Resources Act when permitted by the Official Plan and implementing zoning by-law. The SBPOP has detailed extractive industrial policies which address permitted uses, criteria to be considered in amendments (to establish a new pit or quarry), abandoned pits and quarries, and wayside pits and quarries which are temporary operations for specific projects. New or expanding quarries require a plan amendment; wayside pits and quarries are generally permitted (subject to an A.R.A. license) without amendment, except in the various Environmental designations or in areas of existing development. The SBPOP also has policies to address requests for amendments to existing licenses which do not require applications under the Planning Act. The County Plan also has policies to address permitted uses, permitting expansion to existing approved quarries through a zoning by-law amendment (in conformity with the policies of the County plan) and setting out supporting information criteria, location criteria, and policies for wayside pits and quarries and portable asphalt plants. Although Mineral aggregate operations are recognized and described as an interim use, in some cases large quarry areas and relatively limited rates of extraction (such as 20,000 tonnes per year for some dimension stone quarries) can lead to an anticipated effective operational timeframe in excess of 100 years. Quarry areas in the Town will likely be quarry areas for a long time to come. It may therefore be appropriate to consider complementary uses such as other forms of rural industrial uses on exhausted quarry lands that can benefit from proximity to other aggregate extraction operations and the noise buffers that have been established for quarry activities, provided that potential environmental impacts can be addressed. The Planning Department is in the process of reviewing County Official Plan policies regarding Aggregate Resources in order to ensure consistency with the PPS (2014) and ongoing changes in the aggregate industry including best practices and increasingly complex operations. This review also considers the policies in the SBPOP which provide for increased public notification distance and other requirements for public engagement Potential Extractive Industrial The SBPOP also has a Potential Extractive Industrial designation which is intended to recognize and protect aggregate resources (consolidated, such as bedrock) and unconsolidated (such as gravel) for possible future extraction. This designation allows conservation, forestry, and agricultural uses, single-detached dwellings and accessory buildings, and allows existing uses to be recognized in the zoning by-law. The Plan identifies a future haulage route through the northern part of the Municipality to provide access from potential extractive industrial lands near Hope Bay directly to Highway 6 (as an

14 alternative to Bruce County Road 9). Although a route in this area has recently been considered as a possible haul route it is not at present being pursued as part of any applications. The County Plan identifies Mineral Resource Areas on Schedule C Constraints. Policies associated with this area prohibit residential lot creation (except for severance of existing dwellings surplus to a farm operation) within or near these constraints. The purpose of this restriction is to minimize fragmentation of lands and sensitive uses.summary: The SBPOP and County OP have similar Aggregate Extraction objectives. If SBPOP has no rural coverage: There would be no appreciable impact on existing quarries. New proposals would be subject to local consideration through a zoning amendment, and to the evaluation criteria of the County Official Plan. Incorporating policies from the SBPOP into the County Plan may be beneficial to review of aggregate proposals across the County. Developing a Quarry Cluster secondary plan may be appropriate to provide additional guidance for specific areas near Wiarton and Hope Bay. Preliminary consultation with MNRF and operators in respect of the Wiarton quarry cluster indicates that there may be some benefit to a secondary planning process to consider land use, infrastructure, and economic development opportunities, however it is beyond the scope of the current review Waste Disposal Industrial The PPS requires that Waste Management systems be provided that are of an appropriate size and type to accommodate present and future requirements, and facilitate, encourage and promote reduction, reuse and recycling objectives. Planning authorities should consider the implications of development and land use patterns on waste generation, management and diversion. Waste management systems shall be located and designed in accordance with provincial legislation and standards. The SBPOP identifies two Solid Waste Disposal sites in Rural areas of the Town, one of which (Amabel) is in active use. In 2011 the Town commissioned a Waste Management Plan (available on the Town Website (click here) at Public Works Waste Management) which reported that at current rates the landfill would reach its capacity between 2019 and 2024 (page 17). More recent annual reports indicate that disposal rates at Bruce County landfills including the Amabel landfill have been decreasing, which is increasing their lifespan. In 2014 the forecast was 12.7 years (2026) using the most recent 5 year average. According to the report, the Municipality does need to consider either expansion of the landfill (which would require amendment to the Municipality s comprehensive zoning by-law in addition to any other MOE requirements) or sharing facilities with another municipality. A new landfill location is not generally considered feasible. The SBPOP identifies criteria for locating solid waste storage or disposal sites, and requires a plan amendment and zoning by-law amendment in order to establish a new or expanded waste disposal site, together with a number of criteria for consideration. Planning Application submission requirements are: anything required by the MOE, an Environmental Impact Study, and anything else deemed relevant by the Town, County, or MOE. The SBPOP also sets out criteria for development within a 500-metre radius of solid waste disposal sites. The Amabel landfill site is surrounded by lands under ownership of the Town, GSCA, and MNR. The Albemarle disposal site is relatively centrally located within a large parcel of land, within an area of large (original Township survey) lots.

15 The County Official Plan emphasizes diversion and a regional approach with a shared use system for landfill capacity, and notes that the County has the legislative basis to assume or delegate waste diversion responsibilities as the need arises. The Highways Department monitors landfill capacity within the County and runs a hazardous waste disposal program in cooperation with local Municipalities. The County Plan identifies active and closed landfill facilities as constraints and requires local plans and zoning by-laws to identify existing facilities and protect them from incompatible land uses. The plan also prohibits new lots within 500 metres of a landfill site without approval of the appropriate authority. Summary: The Town s landfill has less than 20 years operating capacity remaining. Increasing diversion from landfill may provide additional capacity, however long-term options appear to be limited to expansion of the existing landfill or sharing capacity at another Municipality s facility. There is limited development potential in the area of existing waste disposal sites based on large existing lots and public ownership around the active landfill site. MOE requirements and the zoning amendment process provide review criteria and a public process for evaluating landfill expansion. If SBPOP has no rural coverage: There would be no appreciable impact. Local Plan policies are focused on new facilities which are not considered feasible, and on addressing expansions into potentially conflicting adjacent areas. 5. Transportation Policies Section 5 of the SBPOP is concerned with pedestrian and vehicular traffic within the Town, and provides policies intended to enable vehicles and pedestrians to move safely and efficiently within a rational system of routes which are separated wherever possible. The SBPOP classifies roads as Provincial Highways, Arterial Roads, and Local Roads. Provincial Highway policies outline requirements of the MTO. Arterial Road policies include existing and proposed roads, have a minimum Right-of-Way (ROW) width of 30 metres, and note that variations in alignment or new arterial roads will be permitted without a plan amendment so long as the intent of the plan is maintained. Local roads are identified as twolane roads which provide access to abutting properties with a 20 metre ROW and discourage movement of through traffic. The plan does not intend that highways or arterial roads existing in built-up areas necessarily be widened or that direct access to these roads in urban areas be eliminated or restricted. The SBPOP also requires compliance with MTO and County standards and requirements. The SBPOP also addresses private, substandard, and unopened road allowances and generally prohibits development on lots fronting on such roads, although it does provide criteria for exceptions. General provisions of the by-law also require frontage on an opened road; some areas have been granted exceptions in the zoning by-law based on considerable pre-existing development. Where there is no exception in effect, proposals are evaluated on a case-by-case basis through a minor variance or zoning by-law amendment process to provide relief from frontage requirements where appropriate. As noted in Section 4.7 above, the Municipality of Northern Bruce Peninsula applies a similar approach to development on substandard roads in Rural / Rural Recreation areas, but has not included these areas within a policy context of a local Official Plan. The SBPOP also speaks to a trail system for non-motorized and motorized (snowmobile) trails to facilitate interconnection of settlement areas and the linkage of municipal and regional destinations such as area resorts, beaches, golf courses, Provincial parks and other tourist attractions and speaks to the intention to develop a Trails Master Plan. The plan also provides

16 a set of principles as a guide for trail development in the Town. The County Plan (Section 4.6) outlines a system which includes Provincial Highways, County Roads, and local roads, as well as scenic roads, railways, recreational trails, airports, and harbours designed to facilitate the movement of people and goods within and through the County. County Plan Policies for Arterial and Collector Roads speak to maintaining and upgrading the road system, and by-passes around urban areas where traffic volumes and congestion warrant. Local Municipalities are encouraged to provide local roads; policies for local roads also allow Municipalities to consider permitting new development on existing lots on existing private roads and permit development of condominiums on private roadways that are suitable to municipalities. More specific policies for provincial Highways are generally comparable to the SBPOP policies. County Road policies note the application of County by-laws regarding access and development standards and set out minimum right of way widths for urban and rural roads. The West Road is specifically exempted from the standard right-of-way policy, and the policy requires that the right-of-way width be determined through a Municipal Class Environmental Assessment (which is currently underway). Scenic roads can be either on County roads or in combination with local municipalities. The County plan also encourages trails, including on railway rights-of-way and encourages local municipalities to determine if trail linkages as part of a new development would facilitate development of a comprehensive trail system throughout the County. The plan also encourages local municipalities to permit trails in rural areas without amendment to the zoning by-law, noting that consideration of compatibility of the proposed trails and adjacent uses should be included as part of any conversion. Summary: SBP OP Transportation policies are generally comparable to the County OP Policies. The SBP OP has additional trails policies, and notes a potential aggregate Haul Route across the northern portion of Albemarle Township. If SBPOP has no rural coverage: There would be minimal impact on transportation policies in Rural areas. The Town could make a request for the potential Albemarle haul route to be included in Schedule S of the County Official Plan. 6. Niagara Escarpment Plan As noted in Section 3 of this report the Niagara Escarpment Plan (NEP) applies to parts of Wiarton, Colpoy s Bay, and Rural areas of Albemarle Township that are associated with the escarpment. The SBPOP identifies areas subject to the Niagara Escarpment Plan in Schedule A and outlines the NEP designations on Schedule R. In various places The Plan notes that the NEP has primacy and the Town Plan is required to be consistent with the policies of the NEP, and that subject to a public resolution from Council and consultation with and approval by the Niagara Escarpment Commission, the SBPOP may be changed to incorporate relevant amendments to the NEP without an SBPOP amendment. Summary: The NEP area is identified in the Plan. The SBPOP shows where it is but does not duplicate its policies. If SBPOP has no rural coverage: There would be no impact on the NEP or on lands subject to the Niagara Escarpment Plan.

17 7. Other policies The SBPOP has various general policies that apply to matters including Site Plan Control, development standards, archaeological considerations, and heritage conservation. In some cases, Official Plan policies are required by the Planning Act in order for a Municipality to pass by-laws and implement programs. These can be described as enabling policies. The County Official Plan also provides a general policy context for these matters. Some policies, such as heritage conservation policies, are far more comprehensive in the SBPOP than the County OP. From review of these Heritage policies against the legislation, it appears that the County Plan policies are sufficient to enable South Bruce Peninsula s Heritage Committee to operate and to take full advantage of the heritage conservation tools outlined in the Heritage Act and other related legislation regardless of whether these tools are spelled out in detail within the Official Plan. Summary: Both the County OP and the SBPOP contain enabling policies for Rural Areas. The SBPOP also includes detailed policies regarding tools for Heritage Conservation which mirror Provincial legislation and are applicable regardless of whether or not they are defined in the Plan. If SBPOP has no rural coverage: There would be no appreciable impact on the Town s ability to address these matters in Rural areas. 8. Provincial Policy Statement There are several components of the Provincial Policy Statement that relate to Rural Areas; in general, these include: Rural Areas policies, designed to provide an appropriate range of uses that considers the characteristics of the use, the area, appropriate servicing, and opportunities for diversification. Rural areas can include rural settlement areas, rural lands, prime agricultural areas, natural heritage features and areas, and other resource areas. Rural Lands policies which are a subset of the Rural lands policies Agriculture Policies, primarily designed to protect prime agricultural areas for long-term use for agriculture, avoid conflicting uses, and permit limited Mineral Aggregate Resources Policies which are focused on protecting the resources where they occur and minimizing impacts associated with extraction Natural Heritage policies which are designed to protect natural features and areas for the long term, including significant wetlands, woodlands, valleylands, wildlife habitat, areas of natural and scientific interest, and coastal wetlands, fish habitat, endangered species habitat, or adjacent lands, either through outright prohibitions on development, a requirement that it be demonstrated that there will be no negative impacts on the features or their ecological functions, or meeting provincial and federal requirements, depending on the feature. A new addition to the 2014 PPS is a need to identify natural heritage systems. Natural Hazards policies which direct development away from areas where naturally occurring processes such as flooding and erosion present a hazard to buildings and structures. Policies of the PPS in respect of Rural areas are generally met within the County Official Plan. Updates to the County Plan which may be required to maintain conformity with the PPS can ensure that the Council of the Town of South Bruce Peninsula has the policy structure to enable Council to make decisions which are consistent with both an Official Plan and the PPS.

18 9. Summary In large part the South Bruce Peninsula Official Plan provides duplicate coverage of the County Official Plan. In some areas policies are more restrictive, or different, which can have an overall restrictive effect. Removal of rural areas coverage from the Plan, combined with consideration of amendments to the County Official Plan, can effectively provide goals, objectives, and policies for development in Rural Areas of the Town of South Bruce Peninsula. Respectfully Submitted, Jakob Van Dorp, R.P.P. Senior Planner County of Bruce Planning and Economic Development

19