HomeMy WebLinkAboutDTS-06-012 - Places to Grow-Better Choices, Brighter Future
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Development &
Technical Services
Report To:
Date of Meeting:
Development & Technical Services Committee
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
January 23, 2006
JeffWillmer, Director of Planning, 741-2325
Janice Given, Project Manager (Policy Planning), 741-2319
All
January 17, 2006
DTS-06-012
Places to Grow-Better Choices, Brighter Future
Proposed Growth Plan for the Greater Golden Horseshoe
(November, 2005)
City of Kitchener Final Response
RECOMMENDATION:
That report DTS 06-012 be endorsed by Kitchener Council and submitted to the Ministry of
Public Infrastructure Renewal as the City of Kitchener's formal response to Places to Grow, the
proposed Growth Plan for the Greater Golden Horseshoe.
BACKGROUND:
In June, 2005, the Province enacted the Places to Grow Act, enabling the government to
designate growth plan areas across Ontario and develop growth plans. In November, 2005, the
Proposed Growth Plan for the Greater Golden Horseshoe was released for final comment, the
first growth plan to be developed under the new legislation. This plan is entitled Places to Grow,
Better Choices, Brighter Future. Comments are requested back to the Province by January 27,
2006.
This report represents the third and final time Kitchener Council will provide comments back to
the Province on the plan before its anticipated adoption early in the year. Kitchener Council has
previously expressed its support for the principles embodied in the plan, which are now
articulated in the guide to the plan as follows:
. Create more liveable communities where people are close to shops, parks, jobs
and other services
. Revitalize downtowns to become vibrant and convenient centres
. Create complete suburbs that offer more options for living, working, shopping
and playing
. Provide greater choice in housing types to meet the needs of people at all stages
of life
. Provide competitive economic conditions to keep Ontario a top place to invest in
and to attract quality jobs
. Curb sprawl and minimize the pressures on our farmlands and natural areas
. Reduce traffic gridlock by improving access to a greater range of transportation
choices
. Get better use from public investments in facilities such as schools, transit
systems, roads and sewers
REPORT:
Places to Grow is a framework for implementing the Provincial government's vision for building
stronger, prosperous communities by better managing growth. It is premised on the notion that
without provincial intervention, the sprawling development patterns will negatively affect the
economy and the health and quality of life of our citizens. Commerce is impacted by gridlock
and conversion of valuable employment lands for alternative uses. The health of Ontario
residents is declining; the Ontario Medical Association links car-dependent communities to
obesity, high blood pressure, cardiovascular disease, diabetes and other health conditions. The
development of more compact, transit oriented, vibrant, complete communities is the aim of the
plan.
The plan will guide decisions on a wide range of issues-transportation, infrastructure planning,
land use planning, urban form, housing, natural heritage and resource protection-in the interest
of promoting economic development.
The Province is to be commended for creating the Ministry of Public Infrastructure Renewal and
developing legislation and a comprehensive growth strategy, together with an infrastructure
strategy (ReNEW Ontario), to address some of the numerous issues resulting from significant
growth. The growth plan has improved with each draft, since the summer of 2004 when the first
discussion paper was released. The proposed plan addresses many of the issues raised by
Kitchener previously. This is last draft that will be circulated for stakeholder comment. It is also
posted on the Environmental Bill of Rights Registry for formal comments. The final step in the
process is for the plan to be approved by an Order in Council made by the Lieutenant Governor
in Council under the Places to Grow Act, expected early this year.
This proposed growth plan is generally consistent with that which was dated February, 2005,
with the following general changes worthy of note:
. The most significant change is the revamping of the scope of Sub Area Growth
Strategies (SAGS) contemplated in the last draft, which would necessitate the
preparation of plans covering a broad range of detailed content, jointly undertaken by all
upper- and single-tier municipalities within a defined geographic area. Kitchener's
comments along with many others caused the Province to scope the sub-area
assessments to those true inter-regional issues: economic development, employment,
transportation, water and wastewater, natural systems and prime agricultural lands
. Emphasis is placed on complete communities, both in the greenfields and across the
municipalities, where daily needs are met conveniently; additional policies are added on
high quality open space and design to support walking, transit and cycling
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. A closer examination of the intensification targets resulted in the definition of three
different target categories aimed at recognizing the different maturity and ability of a
municipality to accommodate increased densities
. The methodology for defining the built boundary and urban growth centres is more clear
This report will focus on those new issues that may have a significant impact on the City of
Kitchener, or were previously raised but merit reiteration in this last round. However, many of
the general comments in DTS 04-141 and DTS 05-112 are still applicable and provide more
commentary than is provided herein.
Where and How to Grow
Growth/Population Forecasts
The growth forecasts contained in Schedule 3 of the plan will be used as the basis for planning
and managing growth in the Greater Golden Horseshoe. This forecast would see the population
of Waterloo Region increase to 729,00 by 2031, an increase of 273,000 over 30 years.
Preliminary allocations within the region would see Kitchener's population reach approximately
309,000 by 2031. Given that these projections are premised on the infrastructure being in place
to support the population, and given that this region is one of the largest urban area which relies
on groundwater for drinking water, significant investment in long term solutions is needed before
such growth could be realized. While the Ministry will review, and if necessary, revise the
forecasts every 5 years, during such a time frame, significant growth may occur or approvals
granted, premised on the intensification targets, which may have negative impacts on water and
wastewater systems if the required infrastructure does not materialize.
Recommendation
1. In areas where population projections are based on significant infrastructure
improvement, such as Waterloo Region, that priority be given to undertaking the
sub area assessment on water and wastewater capacity in a timely fashion and
that any required adjustment to the population forecasts be made accordingly.
Intensification and Densitv TarQets
To accomplish the compact form, support transit and maximize existing infrastructure
contemplated in the vision, the plan contains policies governing the location of new residential
development, such that, over the entire Regional Municipality of Waterloo (Upper-tier
municipality):
. 40% of all new residential development "will be within the built-up area" by 2015
(intensification target)
. Kitchener's urban growth centre will be "planned to achieve... a minimum gross
density target of 200 residents and jobs combined per hectare" (urban growth
centre density target)
The final built boundary is to be determined by the Ministry of Public Infrastructure Renewal
(MPIR) over the next 18 months, as one of the detailed analyses that form the basis for
measuring performance. Kitchener staff have worked closely with the Region on the definition of
this line and will continue to do so.
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Upper- tier municipalities, "in consultation with lower- tier municipalities" will develop Official
Plan policies and a strategy to phase in and achieve the intensification targets. Given the level
of detail set out in 2.2.3.6, in terms of identifying the type and scale of development and
facilitating intensification, lower-tier municipalities must be directly involved, and need similar
Official Plan policies.
Since the last draft, the Province has created 3 classes of density targets for lands within the
urban growth centre (150- 200- and 400 residents and jobs per hectare) instead of one, based
on differing capacities of municipalities to achieve these densities. Kitchener's urban growth
centre (the downtown and surrounding lands intended to be the focus for commerce and
employment and support major transit infrastructure and a significant share of the expected
population growth) has a target of 200 residents and jobs combined per hectare. This places
Kitchener in the mid range, likened in its maturity, to more inner ring municipalities such as
Hamilton, Markham and Vaughan than most other outer ring municipalities.
As noted in previous reports, this density envisages medium density development at 4-8
storeys. By way of comparison to the City's current density, the Canada Trust block is
developed with 215 employees/hectare; the block bounded by King Street, Ontario Street, Duke
Street and Queen Street, containing the Children's Museum is 276 employees/hectare; and the
King Street, Eby Street, Charles Street, Frederick Street block in which the Delta Hotel is
located has 321 employees/hectare. To these numbers the numbers of residents would be
added in the density target formula, which would raise the density in all blocks. The boundaries
of the urban growth centre are to be refined in scope and scale by the MPIR in consultation with
the Region; this is an undertaking that should be done together with the local municipality.
The wording of the policy, "planned to achieve", together with the use of the term "target"
suggests that the density is not mandatory or obligatory, provided the planning framework is in
place to aim to such density. It is not clear on how viable the density target is in the near future,
particularly before the introduction of rapid transit.
Upper- tier and local official plans will designate major transit station areas (about a 10 minute
walk around higher order transit stations) and intensification corridors, which will serve as
locations for large office and commercial development, supporting transit. Staff support his
approach.
Recommendations
2. That Policy 2.2.4.2 be revised to include lower- tier municipalities in the
consultation on the scope and scale of the urban growth centres.
3. That MPIR be requested to confirm that the intensification targets are planning
goals and clarify the penalty, if any, if they are not realized, although appropriate
planning policies may be in place.
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Emplovment Lands
Both Places to Grow and the Provincial Policy Statement have objectives which set out to
maintain an adequate supply of employment lands to ensure the vitality of the Provincial
economy.
Policies governing the change of employment lands to non-employment are intended to address
a significant trend of large tracts of industrial land being purchased and redesignated for major
retail/power centre or residential development; this trend is particularly visible in the GTA. These
policies are of great significance to the City of Kitchener as many of the City's brownfield and
other vacant inner city industrial sites are best redeveloped for residential or other non-
employment purposes due to their location relative to residential uses. In looking at policy
2.2.6.4, especially when compared to the policies and definitions in the PPS relative to
employment lands and "comprehensive review", neither the process nor the determining criteria
are clear or consistent. Places to Grow makes no mention that the review may arise from a
privately initiated amendment, where the PPS includes an official plan review initiated by the
planning authority or an official plan amendment initiated or adopted by the authority (implying a
private amendment application). In the case of a conflict between Places to Grow and any other
plan, except in matters of safety or environment, Places to Grow policies prevail. Staff suggest
that there are some significant differences between the two policy documents and are not
certain the differences are intended, but to the extent possible, suggest that they be brought into
alignment.
At the very least, Policy 2.2.6.4 should be clarified to state whether all of the criteria in a)-f) must
be demonstrated before lands could be redesignated to non-employment, or even revised such
that certain matters are obligatory and others would weigh into the decision-making.
Finally, it is staff's opinion that another factor be considered in the conversion of designated
employment lands, based on unsuitability topography of the lands, which may diminish their
viability for the lands to be developed for employment. In the vacant land inventory process
undertaken by the Region with area municipalities, many municipalities identified industrial
lands which have been designated and vacant for years but are not viable due to topography.
Recommendations
4. That Policy 2.2.6.4 and/or Section 1.3 of the Provincial Policy Statement be
amended to clarify the pre-requisites for the redesignation of employment lands.
5. That Policy 2.2.6.4 be further revised to:
a) define "prime industrial lands"
b) add an additional criterion relative to the suitability of the topography or other
physical site constraints for development as employment.
The Ministry of Public Infrastructure Renewal (together with other Ministries) in consultation with
upper tier municipalities, will "guide planning for employment", specifically, identifying existing
economic clusters, assessing the demand for land for future economic growth, identifying
provincially significant designated employment areas. The City's Economic Development staff
remain concerned that a supply of new employment lands be available to service the needs of
this community.
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Desianated Greenfield Areas
The density target across the upper tier area for designated greenfield areas has been
increased from 40 residents and jobs per hectare to 50 residents and jobs per hectare (net of
Provincially significant natural areas), intended as a more transit supportive density. The
language in this section is the same as that for Urban Growth Centres, where the lands will be
"planned to achieve" the target. Upper-tier municipalities must develop and implement official
plan policies, including phasing and other strategies to achieve the target. Kitchener's newest
neighbourhoods generally develop close to this density, depending on the extent of
environmental features. However, depending on how the density is calculated in greenfield
areas, existing lower density development may cause new development to be required at even
higher densities, which may be impractical to do while continuing to provide a range of unit
types.
The proposed Growth Plan adds policies on form and design of greenfield areas, including the
notion that complete communities should be created, which emphasizes the goal that a
resident's community should meet their daily needs for jobs, schools, retail, housing and
community infrastructure (that which meets a person's health, education, recreation, security
and safety needs). Other new policies on the urban form, diverse mix of land uses and public
open spaces which support walking, transit and cycling are good additions to the plan consistent
with Kitchener's initiatives and focus.
Recommendation
6. That the approach to calculating the greenfield density target be reviewed relative
to the treatment of existing development in designated greenfield areas.
Settlement Area Boundary Expansion
The proposed growth plan is designed to help make our existing supply of developable urban
lands last longer by managing the expansion of our urban boundary, often referred to as "urban
sprawl." The Minister of Public Infrastructure Renewal, in consultation with upper-tier
municipalities, will determine the amount of additional greenfield lands required throughout each
upper-tier area, in our case, the Region.
The growth plan will ensure that expansions to the urban area for any municipality, as required
to accommodate population growth, would be considered in the context of a comprehensive
review, subject to a series of criteria (Policy 2.2.8.3). It is not clear whether illl of these criteria
must be met.
Recommendations
7. That clarification be given to Policy 2.2.8.3 as to whether all criteria must be met.
Infrastructure to SUDDort Growth
Places to Grow acknowledges the need for ready and accessible public infrastructure to support
growth. It guides strategic investment decision in three key areas:
. transportation
. water and wastewater systems, and
. community infrastructure (health services, education, recreation, affordable
housing, safety and security services).
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Previous drafts did not include references to community infrastructure; the plan now recognizes
the need to coordinate the planning, funding and provision of such facilities. The issue of the
need for Federal and Provincial funding and strategic planning for health care and education
was raised in staff's previous report, as a significant concern of our advisory committee
representatives. The continued closure of older, more central schools continues to be a
significant deterrent to achieving the population mix we would like in the Central
Neighbourhoods.
Recommendation
8. That the Ministry of Education be requested to articulate its commitment to align
the education strategies and funding with the intensification, sustainability and
complete communities principles of Places to Grow to ensure the viability and
continued operation of older, inner city schools.
Transportation
In respect of transportation, the policies on movement of goods and movement of people remain
largely the same. Staff reiterate the need for key transportation infrastructure in this region to
enable the intensification:
. a higher order transit system
. the Mid-Peninsula Corridor extending or connecting to Highway 401 in Waterloo
Region
. a reliable commuter rail service from Kitchener to the GTA
Water and Wastewater
In the revised plan, Municipalities are encouraged to take a watershed approach to the planning
and design of water and wastewater systems, returning water to its originating watershed; this
has been practised in Kitchener for since 1991 with the preparation of the first subwatershed
plan.
Of critical importance to this region, is Policy 3.2.5.6 which sets out the Ministry's intent to
undertake an analysis of water and wastewater capacity to service the growth forecasts in the
plan. This is essential for Waterloo region to determine its ability to accommodate significant
growth, given the continued reliance on groundwater for drinking purposes and on the Grand
River for receiving large volumes of storm and sanitary wastewater. It is essential that this
analysis together with long term plans and financial commitment for permanent, sustainable
solutions be completed before significant growth occurs.
Recommendation
9. That the Province recognize the need for long term water and wastewater
solutions in Waterloo Region and that necessary infrastructure be appropriately
budgeted. In no way is this intended to prejudge the merits of the various
solutions.
Protectintl What is Valuable
The proposed Growth Plan provides for MPIR and Natural Resources preparing a natural
system plan for all lands in the Greater Golden Horseshoe, together with policies for their
protection. The system would include natural heritage features, surface water features, ground
water features and the linkages among them. Staff are already engaged in this identification
process with the Region, in the Greenlands Strategy.
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Municipalities are required in the proposed plan to develop and implement official plan policies
and other strategies to support conservation objectives for water, energy, air quality, waste
management, and cultural heritage conservation. The previous draft had more extensive
policies on cultural heritage conservation, which staff support.
Recommendation
10. That policies on cultural heritage conservation found in the February, 2005 Draft
of Places to Grow be reinstated.
Imolementation and Interoretation
Conflicts
The Places to Grow Act contains provisions (Section 14 (2) ) that the growth plan will prevail in
the case of a conflict between the growth plan and zoning by-laws. Although the Act would have
to be amended to address this issue, this continues to be a matter of considerable concern
given the complexity of determining conflicts and the implications of deeming Places to Grow to
be "applicable law" for the purpose of issuing a Building Permit. Building officials could not be
expected to make a determination on a conflicting situation where, for example a permit for a
low rise dwelling was applied for under the current zoning but within a newly defined
intensification area or urban growth centre, where much higher minimum densities are
contemplated.
The ability of property owners and citizens to be certain of their property rights or the expected
use and form of development in their neighbourhood would be removed with this provision.
Places to Grow will come into effect on the day specified by the Lieutenant Governor in Council
and municipalities must update Official Plans within 3 years. A more appropriate approach for
addressing implementation through zoning would be to require a timeline within which zoning
by-laws would have to be updated to implement new Official Plan policies, notwithstanding the
fact that considerable resources are required to undertake both Official Plan reviews and
comprehensive rezonings.
Recommendation
11. That the Province review the effect of the Places to Grow Act provIsions in
Section 14 relating to the conflict provisions between the growth plan and the
zoning by-law.
Role of Upper- Tier/Lower- Tier Municipalities
The Ministry of Public Infrastructure Renewal (together with other Crown Ministries) is
assuming considerable responsibility for creating a uniform implementation methodology for the
policies across the affected GGH communities (built boundary, urban growth centre boundaries)
and for those broader analyses of demand for greenfield land, planning for employment, refining
the transportation network, water/wastewater capacity analyses, natural system and prime
agricultural areas identification. All of these assessments are to be done "in consultation with
upper- and single- tier municipalities", with no formal consultation or collaboration with
constituent lower-tier municipalities mentioned. In spite of this, the background to the plan
acknowledges that successful implementation (of the entire plan) depends on all levels of
government (and non-government) and private sector working together in a "collaborative way".
A collaborative approach presumes more of a partnership in the decision-making than "in
consultation with".
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While the role of the Province is clearly strengthened through this initiative, giving the broader
direction that has been lacking, the role of the lower-tier municipalities in developing and
defining planning approaches which address the unique needs of the community must remain
strong and not be undermined by the Provincial "consultation" with only upper-tier municipalities.
We must remain cognizant of the strong role of local municipalities in the delivery of planning
which is grounded in the close relationship between local planning and our citizens and
stakeholders.
To this end, both a change in terminology and an expansion of the level of government involved
in the development of future policies and definition of all geographic areas (built boundary,
intensification areas, urban growth centres) is suggested. Explicit references to "collaboration
with (upper- single- and lower-tier) municipalities" on such issues is recommended as the
means of developing the policies and strategies that are most likely to succeed in
implementation. Local municipalities need to maintain a strona and active role in planning for
the growth of their community.
Further, it is noted that because a number of the targets are measured over the entire upper-tier
area, and that infrastructure investment is one of the "carrots" to successful growth
management, the performance of all local municipalities will impact the entire Region's success
in plan implementation and may impact the ability of a local municipality to obtain funding for
such things as new infrastructure.
Recommendation
12. That the phrase, "in consultation with upper- and single-tier municipalities" be
replaced with "in collaboration with municipalities", where appropriate.
Performance Measurement
The plan contemplates the development of a set of indicators to measure the implementation of
the plan. These indices are most likely to measure the municipal performance on achieving the
targets.
The Province is implementing a strategic five-year plan for public infrastructure investment,
entitled, ReNEW Ontario 2005-2010. For this period, an investment of 30 billion dollars is
planned, which will ultimately come from the public. The following is a brief summary of the
intended investment allocations:
. transportation (34%)
. education 31 %
. health (15%)
. other (affordable housing, justice, clean water, Northern Ontario, rural
communities) (20%)
There continues to be concern that there is no formal mechanism for all of the Provincial
ministries to be responsible and accountable for the implementation of the plan. The review of
activities and policies of the government should not be just an internal review. It was previously
suggested that the role of the Environmental Commissioner or Provincial Auditor General be
expanded to assume the important role of overseeing the strategies contained in all growth
plans.
Recommendation
13. That a formal position be established to monitor Provincial performance for the
growth plan.
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Public Enoaoement
In the opinion of staff and Kitchener's advisory committee representatives, there is a strong
need for the Province to take a more proactive role in public engagement than is proposed in
the growth plan. As written, MPIR would provide information to the public to build understanding
of growth and facilitate informed involvement. The City of Kitchener is embarking on an
extensive public engagement process on growth management in 2006, to develop an
understanding of the community perspective on achieving our growth targets, and engage the
citizens in discussions on the principles of smart growth and their relationship to a healthy
community. Provincial staff are aware of the City's planned public engagement and intends to
collaborate on this process. Provincial funding and leadership of an overall strategy would
promote improved community engagement across the GGH.
Recommendation
14. That the Province develop a comprehensive public awareness/education program
and take a lead role in delivering and financing the program to citizens and all
GGH stakeholders.
FINANCIAL IMPLICATIONS
None at this time, although implementation will necessitate significant staff resources in
Planning as well as resources across the Corporation to ensure a comprehensive approach to
land use, infrastructure and community infrastructure planning.
COMMUNICATIONS
The input of the following members of the City's Advisory Committees is gratefully
acknowledged in the preparation of this report: Glen Woolner (EDAC, DAC, Compass
Kitchener); Hans Pottkamper (EDAC)
CONCLUSION
The City of Kitchener supports the Province in its vision for managing growth, which will
complement the many initiatives the City has already undertaken to create a balanced, healthy,
and sustainable community.
Janice Given, MCIP, RPP
Project Manager-Policy Planning
Jeff Willmer MCIP, RPP
Director of Planning
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