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HomeMy WebLinkAboutPLN 13-19��� �� Report to I' 1� K E I� 1 N G P�anning & Development Committee Report Number: PLN 13-19 Date: May 6, 2019 From: Kyle Bentley Director, City Development & CBO Subject: The Municipal Comprehensive Review of the Durham Regional Official Plan: Agricultural and Rural System Discussion Paper, March 2019 File: D-8000-046 Recommendation: That the Region maintain the current goals and directions for the Agricultural/Rural System, and expand the goals and directions for the Agricultural/Rural System in Durham to: • support the diversification of agricultural uses and value-added agriculture; • support edge planning that will protect farm operations and improve land use compatibility between agricultural and urban land uses; • plan for climate change impacts; • acknowledge the important relationship between the Prime Agricultural Areas and the Agri-Food Network, and • support the provision of reliable fiber optic services to the rural area; 2. That the Region retain its current approach to referencing the MDS, as amended from time to time, and allow area municipalities the flexibility to implement and interpret the MDS formulae at the local level; 3. That the Region require local official plans to incorporate buffer areas along the urban/agricultural interface as a mechanisms to address land use conflicts arising between urban and real land uses; , 4. That the Region provide high level policy support for, and recognition of, urban agriculture as part of the Region's Agricultural System, while also encouraging area municipalities to support urban agriculture though policies and zoning; 5. That the Region update any technical matters that may have occurred within the Duffins/Rouge Agricultural Preserve and Seaton Specific Policy Area lands since their designation in the Regional Plan; FLN 13-19 May 6, 2019 Subject: The Municipal Comprehensive Review of the Durham Regional Official Plan Page 2 6. That the Region broaden its policies to recognize "new" types of agriculture-related and "on-farm" diversified; enable area municipalities to consider these types of uses through zoning by-law amendments and/or site plan approval, and to detail criteria for these uses in local official plans; and further that the Region include in its new Official Plan "caps" for certain scales of agricultural-related and on-farm diversified use operations that would trigger a more comprehensive planning review process; 7. That the Region acknowledge and address the concerns identified by staff related to the Provincial Agricultural System Mapping — Prime Agricultural Area designation as it affects the City of Pickering, as discussed in section 2.6.3 of this Report (PLN 13-19); 8. That the Region revise its lot creation policy permitting severance of a farm dwelling rendered surplus by farm consolidations, to only those circumstances when a farmer acquires an immediately abutting farm in Prime Agricultural Areas within the Agricultural System; 9. That the Region maintain the "Major Open Space" designation on non-prime agricultural lands in the new Regional Official Plan rather the change to the Province's preference for Durham to use a"Rural �ands" designation; 10. That the Region introduce policies to restrict large solar farms from locating on prime agricultural lands; 11. That the Region recognize the Rouge National Urban Park and its management objectives in the new Regional Official Plan; 12. That the Region update its aggregate resources policies in accordance with the Provincial Policy Statement 2014 and the Growth Plan 2017; and further the Region remove the designations of High Potential Aggregate Resource Areas on lands within the limits of Settlement Areas (e.g., Barclay Estates); 13. That the Region enable area municipalities to allow accessory uses on golf courses, subject to criteria controlling the scale of the accessory use; and 14. That the Region acknowledge the exception for a cemetery use on lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as "E3" on Schedule I of the Land Use Structure in the Pickering Official Plan, by including a policy exception in the Regional Official Plan. PLN 13-19 Subject: The Municipal Comprehensive Review of the Durham Regional Official Plan May 6, 2019 Page 3 Executive Summary: On March 5, 2019, the Regional Municipality of Durham released the Agricultural and Rural System Discussion Paper, the first in a series of discussions papers to be released as part of "Envision Durham" — The Municipal Comprehensive Review of the Regional Official Plan. The deadline for comments is June 3, 2019. Financial Implications: The recommendations of this report do not present any financial implications. i� 2. "Envision Durham" — The Municipal Comprehensive Review of the Durham Regional Official Plan An Official Plan provides a vision for the future orderly development of a municipality through a set of policies and maps. The Planning Act, which is provincial legislation governing land use planning in Ontario, requires that a municipality regularly review and update its Official Plan. With this in mind, the Region is reviewing the Durham Region Official Plan. Once the Region has completed its Official Plan review, the City will be in a position to review the Pickering Official Plan. The first stage of the Region's Official Plan Review focuses on public engagement, and includes the preparation of a series of discussion papers. These discussion papers address the following major areas: agriculture and rural systems; climate change and sustainability; housing; growth management; the environment; and transportation. The Agriculture and Rural System Discussion Paper The Region has released the first of its discussion papers, Agriculture and Rural Systems. The paper provides background of the current provincial policy context, and observations about agriculture and rural areas in Durham. Further, the paper provides an overview of, and discussion of, a long list of rural and agricultural land use planning and policy matters, including: the protection and use of agricultural and open space lands; mapping of the prime agricultural areas; the Duffins/Rouge Agricultural Preserve; lot creation in the countryside; rural settlements; non-agricultural uses; and, aggregate extraction. The paper can be found online at: https://www.durham.ca/en/re iq onal- qovernment/resources/Documents/Council/Reports/2019-Comm ittee-Reports/Planninq- Econom ic-Development/2019-P-12.pdf. City Development staff has undertaken a detailed review of the Agriculture and Rural Systems Discussion Paper (see Appendix I), and the recommendations of this Report reflect staff's review. Appendix I also provides additional background on the process the Region is following to undertake its comprehensive review of its Official Plan. Appendix Appendix I Staff Review of the Agricultural and Rural System Discussion Paper PLN 13-19 May 6, 2019 Subject: The Municipal Comprehensive Review of the Durham Regional Official Plan Page 4 Prepared By: �-.� : �� ��� , f�,� Dean Jacobs, MCIP, RPP Principal Planner, Policy 1 � �� �r��' Jeff Brooks, MCIP, RPP Manager, Policy & Geomatics DJ:Id Approved/Endorsed By: . �� Catherine Rose, MCIP, RPP Chief Planner � Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City uncil • 23 � 20l `� � Tony Prevedel, P.Eng. Chief Administrative Officer , Appendix I to Report PLN 13-19 City Development Department's Staff Review of the Agriculture and Rural System Discussion Paper Prepared by the Region of Durham Planning and Economic Development Department March 2019 Staff Review of the Agricultural and Rural System Discussion Paper 1. Background On May 2, 2018 the Council of the Regional Municipality of Durham authorized staff to proceed with "Envision Durham" — The Municipal Comprehensive Review (MCR) of the Regional Official Plan (ROP). 1.1 Why is the Regional Official Plan being reviewed? The Planning Act requires that municipal official plans be reviewed every five years, to ensure that the plans have regard to matters of Provincial interest, are consistent with Provincial Policy Statements (PPS), and conform with Provincial Land Use Plans. Since the last ROP update in 2013, the Province has approved a variety of land use policy initiatives and plan updates, including: • changes to the Planning Act through Bill 73, enacted 2015, and Bill 139, enacted 2017; • a new Provincial Policy Statement introduced in 2014; • a new Growth Plan for the Greater Golden Horseshoe approved in 2017; • a new Greenbelt Plan approved in 2017; • a new Oak Ridges Moraine Conservation Plan approved in 2017; • new Source Water Protection Plans; and • new Agricultural System and Natural Heritage System mapping. In addition, the population of Durham is projected to increase from 650,000 in 2016 to nearly 1.19 million in 2041, while associated employment growth is projected to jump from 260,000 to approximately 430,000. The significant growth and change anticipated will have impacts on matters such as housing and land needs, infrastructure and service delivery, the natural heritage system, agricultural sector, the local economy, and the overall quality of life in Durham. It is therefore important that the ROP, the "compass" for long-term growth and development in Durham, be kept up to date to guide decision-making in relation to these opportunities and challenges. The current ROP was approved in 1993 (almost 25 years ago) and has over 150 amendments to keep it up to date with changing provincial plans and policies. "Envision Durham" offers a strategic opportunity to create a whole new plan with an advanced planning vision for the Region to 2041. The Region will "repeaP' the existing plan in its entirety and "replace" it with the new one, rather than process more amendments to the 1993 plan. By taking the "repeal and replace" approach, a statutory review of the ROP would not be required under the Planning Act until 10 years after the new ROP comes into effect (instead in 5 years). 1.2 What are the key components of the Region's MCR? The MCR is structured around the following strategic planning themes: • Growth Management — focusing principally on achieving conformity with the Growth Plan for the Greater Golden Horseshoe, including matters such as population and employment targets and associated land needs, intensification and designated greenfield density targets; Staff Review of the Agricultural and Rural System Discussion Paper Page 2 of 14 • Climate Change and Sustainability — focusing on provincial conformity, including matters such as built form, air quality, tree cover, energy efficiency, and climate change mitigation and adaptation; • The Transportation System — aiming at implementing key recommendations from the 2017 Transportation Master Plan and additional policies on transit supportive development and active transportation; • Housing — centering around policies to implement the recommendations of the Region's Housing Plan "At Home in Durham" and to support the provision of affordable housing; • Environment and Greenlands System — focusing on Provincial Plan conformity, watershed planning, and refinement and implementation of the Provincial Natural Heritage System mapping; and • The Agricultural and Rural System — focusing on Provincial conformity, including matters such as agricultural land use permissions, urban agriculture, edge planning, and refinement and implementation of the Provincial Agricultural System mapping. Each of the above themes will be the subject of a Discussion Paper, wherein participants will be asked to provide comments. 1.3 Timing of the MCR To coordinate the timeframe for municipal implementation of the Growth Plan (2017), the Greenbelt Plan (2017) and the Oak Ridges Moraine Conservation Plan (2017), the Minister of Municipal Affairs and Housing has established July 1, 2022 as the alternative date for upper-tier official plans to be brought into conformity with the Provincial Plans, approximately 2 years beyond the date mandated by the Places to Grow Act, 2005. Since lower-tier officials plans rely on the policy direction in upper-tier official plans, the Minister established an alternative date of July 1, 2023 for lower-tier municipal conformity, which is one year after upper-tier official plan conformity. The Region has indicated that, based on their work plan, the MCR is expected to be completed by early 2022. 1.4 The MRC and Public Engagement The public engagement program associated with the MCR consists of 4 stages: Discover (2019), Discuss (2019), Direct (2020), and Draft (2021-2022). On February 5, 2019, the Region initiated the first stage ("Discover") of the Envision Durham public engagement program by launching the project website: durham.ca/Envision Durham, as well as a public opinion survey, which closed on April 6, 2019. The Region also created an introductory video on the project, which can be viewed on the project website. In addition, the Region set up "pop-up" information kiosks in various locations, as part of their public engagement launch. In accordance with the public engagement program each stage of the project will be promoted through news releases, the project website, social media platforms, and public service announcements. Staff Review of the Agricultural and Rural System Discussion Paper Page 3 of 14 2. The Agricultural and Rural System Discussion Paper On March 5, 2019, the Region launched the second stage ("Discuss") of the public engagement program by releasing the Agricultural and Rural System Paper (the Paper), the first in a series of discussions papers to be released as part of "Envision Durham". The Paper provides an overview of the Region's rural area and associated ROP policies; highlights provincial policy requirements and initiates since the last MCR; and, identifies potential issues to address. The Paper also poses a number of questions to leverage discussion and feedback, including: 1. Are the current goals and directions for the Agricultural/Rural System still relevant/appropriate? 2. Are there aspects of Minimum Distance Separation that you would like to see addressed in greater detail in the ROP? 3. In what ways do you believe the Region should address land use conflicts arising between urban and rural land uses? 4. How can the Region support urban agriculture through policy in the ROP? 5. Are there additional areas we should consider identifying as Specific Policy Areas? 6. Is there criteria that should be considered when siting "new" types of agricultural-related and on-farm diversified uses? 7. Are there any additional considerations the Region should have regard for in the refinement of the Agricultural System Mapping? 8. Should the ROP be more or less restrictive in terms of lot creation in the Rural Area? What criteria should be considered? 9. Is there value in continuing to identify Regional Nodes in the ROP? If so, what Regional Nodes, (or areas exhibiting these characteristics), should be considered? 10. Have we missed any trends that you feel should be �reviewed and considered in the agriculture/rural context as part of the MCR? The following sections provide a high level overview of the Paper, and provide recommendations (highlighted in bold) on matters which, in staff's opinion, should also be addressed through the MCR. 2.1 Provincial L.and Use Planning Policy Context The Paper provides an outline of the Provincial Plans that apply to the agricultural lands and the rural .system in Durham, and makes reference to the PPS (2014), other legislative plans (e.g., Source Protection Plans) and �Provincial Guidance documents (e.g., Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas; and the 2017 Minimum Distance Separation Formulae and Guidelines) that will help shape the MCR in relation to the agricultural/rural theme. Staff Review of the Agricultural and Rural System Discussion Paper Page 4 of 14 2.2 Durham Region's Agricultural and Rural Focus Since 2003, the Region and others have implemented a variety of strategies and plans that are either directly focused on or related to the agricultural and rural sector. These strategies and plans include: • The Region's Agricultural Strategy, endorsed by Regional Council in 2013. The strategy is intended to guide agricultural economic development within Durham (an update to the Strategy is currently underway). • The Durham Region Food Charter, endorsed by Regional Council in November 2009. The Charter focuses on food security, building a sustainable food system and protection of agricultural lands. • The Durham Community Climate Adaptation Plan, endorsed by Regional Council in 2016. This Plan contains 18 programs to help the Region adapt to future climate conditions, including a recommendation to develop climate adaptation strategies to ensure food security and a vibrant agricultural sector. The City of Pickering has been activity involved in the development and implementation of some of these plans and strategies, and welcomes continued collaboration with the Region and other stakeholders to update, improve or expand these initiatives, where relevant. Through the MCR, the results of the above plans and strategies will be considered and supporting policies will be recommended, where necessary. 2.3 Durham's Rural Area — Key characteristics and observations The Paper highlights key characteristics and trends affecting the Region's rural and agricultural areas. Some of the key characteristics are: • Based on the 2016 Census of Agriculture, there were 1,323 farms in Durham, which represents a decrease of 29 percent in the number of farms since 2000. • Durham's rural area comprises 84 percent of the Region's land base and houses approximately 8 percent (58,000 residents) of the Region's population. • Durham continues to lead the Greater Toronto Area (GTA) in the number of farms, the amount of farmland, and farm production, behind only Niagara Region in the Greater Golden Horseshoe (GGH). • The average size of farms in Durham has increased over time with 35 percent over 53 hectares (130 acres) while the majority of farms (58 percent) are between 4 and 52 hectares. • Durham is the leading producer of aggregates in the GTA. • The potential for additional residential dwellings in the rural area is estimated at approximately 2,245 dwellings, and the majority of vacant lots (almost 1,800) that could accommodate a new dwelling are located outside rural settlements. Some of the main trends include: • More local post-secondary programming related to agriculture, horticulture and food are being ofFered by institutions. Staff Review of the Agricultural and Rural System Discussion Paper Page 5 of 14 • Farming is getting more diversified to take advantage of more market opportunities in the GGH. Durham's rural area is experiencing growth in various sectors including agricultural tourism, arts and culture, home-based businesses, but some rural businesses have had certain challenges transitioning due to factors such as the lack of reliable broadband and serviced employment lands. Since 2003, the amount of rural land in Durham has decreased with approximately 1 percent (2,080 hectares) due to urban boundary expansions. 2.4 The ROP — Current goals and directions for the Agricultural and Rural Areas The ROP's current land use goals and directions for the agricultural and rural areas address: the efficient use of land; protecting agricultural lands and resources; supporting food security; limiting rural population growth; supporting agriculture and aggregate extraction as key economic industries; and supporting existing rural settlements and their functions to the residents and the surrounding area. According to the MCR Public Opinion Survey, almost 53 percent of the respondents think that supporting local food security is "extremely important". The Paper notes that through the MCR, the Region will evaluate current goals and directions, and seek feedback on policy approaches that lend more support for rural businesses. Staff recommends that the Region expand the goals and directions with regard to the Agricultural/Rural System in Durham to: • support the diversification of agricultural uses and value-added agriculture; • support edge planning that will protect farm operations and improve land use compatibility between agricultural and urban land uses; • plan for climate change impacts; • acknowledge the important relationship between the Prime Agricultural Areas and the Agri-Food Network; and • support the provision of reliable fiber optic services to the rural area. 2.5 Policy Considerations The Paper provides information on some of the key policy considerations to be considered through the MCR, as discussed below: 2.5.1 Updates to the Provincial Minimum Distance Separation (MDS) Formulae The MDS Formulae was developed by the Province to separate uses and reduce incompatibility concerns stemming from odour impacts from livestock facilities. Updates to the MDS Formulae in 2017 included minor technical revisions that effect how the Formulae is applied and distances are measured, as well as the release of implementation guidelines for municipalities. Staff Review of the Agricultural and Rural System Discussion Paper Page 6 of 14 In addition to updating definitions, the Region will, through the MCR, consider whether existing policies in relation to the MDS Formulae need to be augmented. Since there are MDS Implementation Guidelines in place, staff recommends that the Region allow area municipalities the flexibility to interpret and implement the MDS Formulae at a local level. 2.5.2 The Urban/Rural Interface The Paper acknowledges the challenges associated with land use conflicts along the urban/rural interFace and highlights the PPS (2014) emphasis on the promotion and protection of farm practices. The Paper also alludes to the review of best practices by other regions, such as Waterloo and other jurisdictions (e.g., British Columbia) to mitigate adverse impacts of urban land uses on agricultural operations, and states that the Region, through the MCR, will determine how best practices might be best applied at regional and local level through policy. A best practice may include the development of "edge or bufFer planning" guidelines (similar to what is being developed in Peel and York Regions). The Greenbelt Plan (2017) introduced a new policy in relation to Prime Agricultural Areas, stating that where mitigation is required as a result of possible adverse impacts within the agricultural use and non-agricultural use interFace, such mitigation measures should be incorporated as part of the non-agricultural uses, as appropriate, within the area being developed. When contemplating future urban expansions, conflicts can arise between rural and urban residents: Buffers along the urban/agricultural interface could be created on private lands through planning controls such as conditions tied to development approval, or establishing building envelopes. Where a buffer is in public ownership, the buffer area could contain a park, community garden, public open space or some other public use. Proper "buffer" planning would minimize conflicts along the urban edge by ensuring adequate separation from active farm operations that generate noise, dust, odour, smoke and ash, chemical spray drift, and sediment and stormwater runoff to developing residential areas. To address the Urban/Rural interFace, staff recommends that the Region specify that local official plans incorporate buffer areas along the urban/agricultural interface.� 2.5.3 Urban Agriculture Since 2003, there has been an emergence of urban agriculture in Durham, consistent with Province's land use plans. The Paper highlights that: food production can flourish in both rural and urban areas; untapped food supply chains could be opened; sources from which food products are grown and obtained could be diversified; and, access to local, sustainable food could be increased. The Region will, through the MCR, consider the creation of policies in support of urban agriculture, including defining urban agriculture and expanding the agricultural focus of the ROP to recognize urban agriculture as a part of the Region's Agricultural System, and incorporating permissions within appropriate land use designations for the establishment of urban agricultural uses. Staff Review of the Agricultural and Rural System Discussion Paper Page 7 of 14 Through the adoption of Official Plan Amendment 27 to the Pickering Official Plan in 2017, the City has already taken progressive steps to acknowledge urban agriculture by including community gardens as a permitted use within the Mixed Use Areas, Urban Residential Areas, and Rural Residential designations of the Official Plan. Staff supports the Region's planned approach to acknowledge and strengthen urban agriculture in the ROP. In addition, staff recommends that the Region also encourage area municipalities to support urban agriculture through policies and zoning. 2.5.4 Renewable Energy The Region has become the home of numerous renewable energy projects since the enactment of the Green Energy Act in 2009. Now that the Act has been repealed, many farmers who made use of the former legislation to support the farm operations will have to find other sources of revenue upon the expiry or cancellation of their renewable energy contracts. Under the former Green EnergyAct, the provincial government made the determination of where renewable energy projects could be sited, but since the Act has been repealed, municipalities may now need to consider and develop criteria for the siting of renewable energy projects. The Paper states that considerations could include mandating the avoidance of prime agricultural lands as was previously required in the Province's siting considerations, or that applications require an Agricultural Impact Assessment. This section of the Paper concludes that these and other matters will be addressed in more detail through the Region's Climate Change and Sustainability Discussion Paper, and the development and implementation of the Durham Community Energy Plan. Staff supports the suggestion that new policies be introduced in the ROP to prohibit large solar farms from locating on prime agricultural areas in the Region. Instead, these types of energy facilities should be directed to marginal agricultural lands. 2.5.5 Rouge National Urban Park (RNUP) In early 2019, a draft Management Plan for the RNUP was finalized, providing guidance on how the lands are to be managed by Parks Canada over the next 10 years. The Region will, through the MCR, update the ROP to recognize the RNUP, and consider whether planning for the lands surrounding the RNUP should consider the Management Plan, account for connections to and through the Park, and how it can support agriculture within, and surrounding the RNUP. Through the adoption of Official Plan Amendment 27 to the Pickering Official Plan in 2017, policies and mapping on the RNUP were updated to conform to the Central Pickering Development Plan and federal land transfers to expand the Park, and policies were included on the Management Plan, and to assist and cooperate with Parks Canada to further the objectives of the Management Plan. Staff supports the Region recognizing the RNUP and the related management objectives in the new ROP Official Plan. Staff Review of the Agricultural and Rural System Discussion Paper Page 8 of 14 2.5.6 Specific Policy Areas The Paper highlights "Specific Policy Areas" in the ROP, including Specific Policy Area A— the Duffins/Rouge Agricultural Preserve and Seaton, located in Pickering. It points out that policies in the ROP on Special Policy Area A are intended to support the protection of the Duffins/Rouge Agricultural Preserve in accordance with the Central Pickering Development Plan, and that the Greenbelt Plan prohibits consideration of urban boundary expansion into the Preserve. Although the Paper does not indicate an intention to update the associated policies and mapping in the ROP in response to the completion of the planning for the Seaton urban area, staff recommends such technical updates form part of the MCR. 2.6 Planning Considerations The Paper provides information on key policy considerations specific to Agricultural Areas to be considered through the MCR, as further discussed below: 2.6.1 Prime Agricultural Areas (PAAs) With the approval of new policies and terminology in the FPS (2014) and Provincial Land Use Plans, revisions to current ROP policies for PAAs are required. Matters to be addressed through the MCR include: • broadening goals and policies to permit all types, sizes and intensities of agricultural uses; • addressing compatibility by requiring Agricultural Impact Assessments for certain developments and infrastructure where necessary; • eliminating the requirement for agricultural products to be sourced from the farm upon which a farm stand is situated; • including revised or new definitions for terms such as "Agriculture-related uses", "On-farm diversified uses", and "Agri-tourism"; • considering whether criteria should be included in the ROP for the siting of "new" types of agricultural-related and on-farm diversified uses; and • addressing the challenges posed by cannabis production and operations. Through the adoption of Official Plan Amendment 27 to the Pickering Official Plan in 2017, the City has already incorporated revised terminology (e.g., "agricultural-related uses", and "on-farm diversified uses"), consistent with the PPS (2014) and Provincial Plans. In terms of proposed siting criteria for "new" types of agricultural-related and on-farm diversified uses, staff recommends that the Region provide flexibility to area municipalities to determine the means for considering proposed agricultural-related and on-farm diversified uses through zoning by-law amendment and/or site plan approval, and to detail criteria for these uses in the local official plans. Staff Review of the Agricultural and Rural System Discussion Paper Page 9 of 14 Additionally, staff recommends that the Region include in its new Official Plan "caps" for certain scales of agricultural-related and on-farm diversified use operations that would trigger a more comprehensive planning review process. 2.6.2 Major Open Space Areas A large portion of the Region's Major Open Space Areas have been identified as Prime Agricultural Lands in the Province's recently released Agricultural System Mapping. Through initial discussions between the Region and the Province, the Province has indicated a preference for lands within the Rural Area, that are not considered to be Prime Agricultural lands, to be referred to as "rural lands". Through the MCR the Region will consider whether to move forward with a"Rural Lands" designation. The "Natural Areas" designation in the Pickering Official Plan is, for the most part, consistent with the "Major Open Space" designation in the ROP. The Pickering Official Plan reflects/recognizes both "Prime Agricultural Areas" and "Natural Areas", and the "Natural Areas" includes agricultural use permissions. Staff recommends that the Region maintain the "Major Open Space" designation on non-prime agricultural lands, in the new ROP. A change to the "Major Open Space" designation would present structural challenges to both the ROP and the Pickering Official Plan and make interpretation of mapping in the Plans more complex. 2.6.3 Provincial Agricultural System The Growth Plan for the GGH requires that the Provincial Agricultural System be implemented by upper and lower tier municipalities. With this in mind, the Province released a Provincial Agricultural System in 2018. The system consists of two components: • an Agricultural Land Base, comprising Prime Agricultural Lands, specialty crop areas, and rural lands. The Agricultural Land Base map also identifies "candidate areas" for the agricultural land base, based on certain evaluation criteria, including current agricultural production; and • an Agri-Food Network, which includes infrastructure, services and assets important to the viability of the agri-food sector. The Province indicated that the mapping may be reviewed and refined during the Region's MCR process. The Province's implementation procedures suggest that the Agri-Food Network mapping be included as an appendix to an official plan and/or as part of an economic development strategy. There are various differences between the Province's Agricultural �and Base Map and the Prime Agricultural Areas designation in the current ROP. The Region will, through the MCR, consider the incorporation of the agri-food network into the ROP; evaluate and refine where appropriate, the Agricultural Land Base mapping, and evaluate "candidate areas" for possible inclusion in Prime Agricultural Areas in consultation with area municipalities. Staff, through a number of consultation periods during 2017 and 2018, provided preliminary comments to the Ontario Growth Secretariat in response to the proposed Provincial Agricultural System Map. Some of the concerns expressed by staff are: Staff Review of the Agricultural and Rural System Discussion Paper Page 10 of 14 • It appears that the boundaries of Prime Agricultural Areas follow lot boundaries within certain parts of Pickering. Is that a mere coincidence? • Is it appropriate for the proposed Prime Agricultural Areas boundary to cut through certain parts of rural estate developments, such as Barclay Estates? The proposed "Candidate Areas" reflected on the Agricultural Land Base map, located south of the Hamlet of Kinsale and north of Concession 5, are designated "Major Open Space" in the Durham Region Official Plan and covered by significant woodlands and wetland complexes, forming part of an east/west wildlife corridor (linking to the Greenwood Conservation Area) along the East Duffins Creek. These features, coupled with a number of rural estate developments (Barclay Estates on Sideline 4 and Staxton Glen on Salem Road) makes this area highly unlikely for agricultural purposes. Staff recommends that the Region acknowledge and address these concerns related to Prime Agricultural Area mapping within the City of Pickering. 2.6.4 Rural Lot Creation The ability to create lots in the rural area is extremely limited. There has been a significant decline in the number of rural lots created since the Greenbelt Plan came into effect in 2005, given that the Greenbelt Plan (2017) and the Oak Ridges Moraine Conservation Plan (ORMCP) of 2017 include language discouraging lot creation. In addition, the ROP contains guiding principles related to lot creation in the rural area, in terms of aspects such as the protection of agricultural lands, discouraging fragmentation of farm land, and allowing limited infill in rural settlement areas. There are a number of concerns with rural lot creation (e.g., smaller parcels can reduce the flexibility and viability of adequately sized parcels for future farmers; and the long-term effectiveness of zoning retained parcels to restrict the construction of new residential dwellings). However, there may also be certain benefits to rural lot creation (e.g., using the revenue from the severance and sale of a residential lot to purchase farm equipment or more suitable farmland, and having more housing options in the rural area). Staff supports a more restrictive approach to rural lot creation in order to minimize the further fragmentation of agricultural land and the encroachment of non-farm uses into the rural area (both of which are detrimental to long-term agricultural viability). Also, there is already a variety of sizes of farm parcels in Durham to accommodate the various forms and scales of agricultural uses. Non-farm residences in the agricultural area have the potential to limit future opportunities for farm operations to construct or expand livestock facilities, or other support structures given the Minimum Distance Separation formula. Therefore, staff recommends that the Region permit the severance of a farm dwelling rendered surplus in Prime Agricultural Areas within the Agricultural System, only when a farmer acquires an abutting farm. 2.6.5 Rural Settlements The ROP identifies several types of rural settlements, including: hamlets, country residential subdivisions, and rural clusters. With the recent approval of the new provincial land use plans in 2017, several key changes have been brought forward which further restrict development in these settlements. Specifically: Staff Review of the Agricultural and Rural System Discussion Paper Page 11 of 14 • hamlet boundaries are required to be delineated in upper-tier official plans; • hamlets are not locations to which growth should be directed, since they are privately serviced; and, • the creation of additional lots within existing approved country residential subdivisions are prohibited. Accordingly, the Region will, through the MCR, review the Rural Settlement policies in light of the recent changes to the provincial land use plans. 2.6.6 Regional Nodes A Regional Node is intended to recognize existing regional scale areas of major recreational activities within the Region's Rural System. Currently, the ROP identifies two Regional Nodes in Durham: Kirby ski area and Mosport Park, both in the Municipality of Clarington. Pickering has no facility or lands designated as a Regional Node. The Region will, through the MCR, consider whether Regional Nodes should continue to be designated and/or whether a new poticy approach is needed. 2.6.7 Aggregate Resources Aggregate licensing and regulation are governed by the Aggregate Resource Act and is administered by the Ministry of Natural Resources and Forestry. The estab.lishment of a new pit or quarry operations, or expansion to an existing pit or quarry may only be permitted through a ROP amendment. Aggregate-related industrial uses, outside designated Employment Areas, such as asphalt plants and aggregate transfer stations, may be considered through a ROP amendment, as exceptions, while portable asphalt plants are permitted without amendment for a temporary period in most designations. The majority of aggregate resources in Durham are concentrated in Uxbridge, Scugog, Brock and north Clarington. It� is estimated that the Region contains 35,000 hectares (86,500 Acres) of land with significant aggregate resource potential, and there are currently 67 active licences for aggregate extraction in Durham, 86 less licences than 2003. The ROP contains goals and a comprehensive set of policies aimed at: providing opportunities to extract aggregates for local and regional needs, managing aggregate extraction activities to minimize impacts on the natural heritage and socio-cultural environments, and protecting high potential resource areas from incompatible uses. The PPS (2014) included updated policies regulating aggregate resources, which need to be addressed through the MCR. Some of these issues include identifying deposits of mineral aggregates on ROP schedules, and adding policies on comprehensive rehabilitation including requiring rehabilitation of extraction areas back to an agricultural condition. Through the MCR, the Region will also address conformity to the relevant Provincial Plans by adding new policies including requirements for Agricultural Impact Studies and incorporating aggregate policies from the Growth Plan (2017) into the ROP. Staff Review of the Agricultural and Rural System Discussion Paper Page 12 of 14 Through the adoption of Official Plan Amendrr�ent 27 to the Pickering Official Plan in 2017, the City incorporated aggregate policies to be consistent with the PPS (2014), including: • wording requiring proponents for sites within Prime Agricultural Areas to demonstrate that the lands will be rehabilitated back to an agricultural condition; and • mapping of High Potential Aggregate Resources within an existing rural settlement (Barclay Estates) at the insistence of the Province, even though the resource had been extracted and the licence removed. To rectify this situation, staff recommends that the Region not show High Potential Aggregate Resource Areas within the limits of Settlement Areas (e.g., Barclay Estates). 2.6.8 Non-Agricultural Uses Key non-agricultural uses within the rural area include: golf courses, landscape industry uses, commercial kennels, and cemeteries. The Paper provides an overview of the current policy directions on these uses. Golf courses: There are currently 57 existing, approved or proposed golf courses in Durham, most of which are in the rural area. Only 4 new golf courses have been proposed since 2003. Of these, 2 have been approved while 1 has been built in rural Pickering. The ROP does not permit new golf courses or expansions to courses in Prime Agricultural Areas. Accessory uses on golf courses have the potential to create land use conflicts in the rural area. For example, if a golf clubhouse facility in the rural area has a function and scale similar to a banquet hall in the urban area, it may generate more traffic throughout the year, which increases the potential for off-site impacts. The ROP does, however, limit the scale of clubhouses and associated golf course uses to ensure they remain secondary. The ability to continue with certain operations, such as weddings and banquets, provides an important revenue stream to golf courses during the off-season, particularly since the operating season only lasts 6— 7 months. Staff recommends that the Region provide area municipalities the flexibility to allow accessory uses on golf courses, subject to criteria. Landscape Industry uses: The ROP encourages landscape industry uses to establish in Employment Areas, but it also permits small scale operations in certain land use designations in the ROP, subject to criteria related to scale, rural context and impacts on the ecological integrity of an area. Large-scale operations, characterized by aspects such as on-site retailing and large modification of terrain, may be considered by amendment to the ROP within the Major Open space Areas designation. The landscape industry policies in the ROP appear to be consistent with Provincial Guidelines on Permitted Uses in Ontario's Prime Agricultural Areas. Staff Review of the Agricultural and Rural System Discussion Paper Page 13 of 14 Through the adoption of Official Plan Amendment 27 to the Pickering Official Plan in 2017, the City brought the Pickering Official Plan into conformity with the ROP by introducing a definition for the term "Landscape Industry", and permitting small-scale landscape industries in the Natural Areas designation only through site site-specific zoning. Commercials Kennels: The ROP permits commercial kennels on existing lots of record within the Major Open Space Areas designation and in the Countryside Area of the Oak Ridges Moraine outside Prime Agricultural Areas, subject to certain criteria. Since the Province's Guideline on Permitted Uses in Ontario's Prime Agricultural Areas indicate kennels as an example of an on-farm diversified use, this policy matter will require evaluation through the MCR. Cemeteries: The ROP recognizes cemeteries as necessary and essential community facilities. The ROP stipulates that new cemeteries and expansions to existing cemeteries may be permitted by amendment to the respective area municipal official plan, subject to criteria related to matters such as traffic impacts, parking, land suitability, and environmental impacts. However, the ROP prohibits the location of new cemeteries in Prime Agricultural Areas. With the rising cost and decreased availabitity of lands in urban areas, there has been an increased interest in establishing cemeteries in the rural area. The Paper also notes that with designation of Prime Agricultural Areas expected to increase (in the light of the Province's Agricultural System's mapping), less rural lands may be available in Durham for the siting of new cemeteries or to expand existing ones.� The PPS (2014) does not permit new cemeteries within Prime Agricultural Areas, but the Greenbelt Plan and the ORMCP do permit cemeteries within certain areas. Through the MCR, the Region will consider whether any revisions to cemetery policies in the ROP are needed. The Pickering Official Plan identifies an Exception (E3) Area for a future cemetery use on lands north-east of the Hamlet of Greenwood, between Highway 407 and Highway 7. The lands are located, for the most part, in the "Prime Agricultural Areas" designation in both the Pickering and Regional Official Plans. Through initial discussions with Regional Planning staff and staff from the Ministry of Municipal Affairs and Housing, it was determined that the exception for a cemetery use on the subject lands could potentially be grandfathered, given its exception status. These lands are strategically situated in relation to Seaton and North-East Pickering, and with the population of Pickering expected to more than double, these lands may prove very valuable in meeting the future needs for burial space. Therefore, staff recommends that the Region acknowledge the exception for a cemetery use on the lands located northeast of the Hamlet of Greenwood, between Highway 407 and Highway 7, reflected as "E3" on Schedule I of the �and Use Structure in the Pickering Official Plan, by including a policy exception in ROP. Existing Non-Conforming Uses: The ROP contains a policy that permits area municipalities, to zone lands at their sole discretion to permit the continuation or expansion of an existing legal non-conforming use, or the variations to similar uses, subject to criteria. Staff Review of the Agricultural and Rural System Discussion Paper Page 14 of 14 Through the MCR, the Region will review current ROP policies against the Growth Plan (2017), Greenbelt Plan (2017) and ORMCP (2017) and consider whether any changes need to be considered. 3. Conclusion The above review provides a synopsis of the Region's Agriculture and Rural System Discussion Paper, and highlights additional key issues which, in the opinion of staff, should also be considered through the MCR process.