County of Frontenac…

County of Frontenac Provincial Policy Statement – Proposed Changes
Background

This paper is a response from the County of Frontenac to the Ministry of Municipal Affairs and Housing (MMAH) with regard to its draft update of the Provincial Policy Statement (PPS). MMAH released the draft on July 22nd, 2019, and is asking for comments on the revisions to the PPS prior to October 21st, 2019.

The PPS serves as the preeminent policy document for land use planning in Ontario and provides policy direction on matters of provincial interest. The Ontario Planning Act requires that decisions on land use planning matters made by municipalities and other approval authorities “shall be consistent with” the PPS, including the development of Official Plans, Zoning By-laws, subdivision approvals, and minor variances.

PPS in the Context of Frontenac County

The County of Frontenac in size and density is very similar to the other Counties of Eastern Ontario. Frontenac is a primarily rural area, with a permanent population of approximately 27,000 spread over 4,000 sq km. The vast majority of development is residential with both permanent and a growing seasonal population.

The Introductory section of the Frontenac County Official Plan provides a clear picture of the landscape:

Without question Frontenac County is characterized by a predominantly rural landscape with small communities such as Plevna, Cloyne, Ompah, Sharbot Lake, Verona, Harrowsmith, Sydenham, Marysville, Howe Island and many more villages and hamlets throughout the geography.
There are only small communities. …The largest villages have between 200 to 300 homes within their boundaries.
Frontenac County’s history is rich in agricultural activity which continues today in the form of commodity farms, small family farms, hobby farms, horse ranches, forestry and other specialty farms. The agricultural roots of the community are celebrated in fairs, ploughing matches, church socials, and other events. Agriculture continues to play an important role in the County’s economy.
The County boasts some of the most beautiful natural features, possessing more than a thousand lakes, many conservation areas and Provincial Parks and even a UNESCO World Heritage Site. The attractiveness of these features draws permanent and seasonal residents, outdoor recreational enthusiasts, artists, and artisans. The region’s tourism, recreation and hospitality sectors are strongly linked to the outdoor environment and smaller scale, local services.
A significant proportion of the land area of the County is Crown Land. For instance, approximately 64% of the land mass of North Frontenac is Crown Land and 17% of Central Frontenac. South Frontenac and Frontenac Islands have a lower percentage.
The policies in the PPS have broad long term implications for rural communities. The way the policies are implemented into the four Township Official Plans within the County have a great deal of significance for how our municipal governments operate, and also affect businesses, farmers, rural landowners, economic investment and many community interests. It is important for sustainable growth in the Frontenacs that we have a planning system that is working well, balancing competing interests and preserving the rural lifestyle that draws people to work and live here. Land use policies play a major role in guiding decisions over where development should take place, how quickly, and how much land should be allocated for various uses in the villages and the countryside.

There are four lower tier municipalities in Frontenac County. At the time of this paper, North Frontenac Township has completed a new Zoning Bylaw that came into effect in July 2019 and Official Plan that came into effect near the end of 2017 both of which conform to the Frontenac County Official Plan (2016) and are consistent with the 2014 PPS. Central Frontenac Township is nearing completion of a new Plan that is expected to be adopted before the end of 2019. In August, 2019, South Frontenac Township began the process to develop a new Official Plan – the first since 2003 – and the goal is to have the Plan finished in the latter part of 2021. Frontenac Islands Township are planning to begin a new Official Plan review in late 2020. In summary, three of the four municipalities in Frontenac are expected to be affected by the proposed changes to the PPS, and also the County will need to be consistent with the new PPS when the County Official Plan review commences in 2021.

With this request from MMAH to comment to the Province, the County has the opportunity to make suggestions that will provide a better balance between economic development, community sustainability, ecological protection, and protection of farmland.

MMAH has posed five questions to respond to the draft PPS during this consultation. The County’s responses are set out below and are based on rural land uses that predominate the region:

Question 1: Do the proposed policies effectively support goals related to increasing housing supply, creating and maintain jobs, and red tape reduction while continuing to protect the environment, farmland, and public health and safety?

This is a very general question that has been posed by the Ministry. The draft PPS has been revised to include a slightly larger degree of flexibility to deal with some planning issues.

No significant changes have been made to the majority of policy sections; in particular natural heritages policies contain the same level of environmental and natural protection. Revisions proposed to the PPS support and reinforce the existing policies in the County Official Plan that protect natural heritage, farmland, and public health and safety do not appear to be affected by this update.

Official Plans will still need to “be consistent with” provincial policy. This continuation of “shall be consistent with” provides certainty in the planning process and in developing land use policy for both the County and the Townships.

The residential growth rate in Frontenac County – and many rural areas of Eastern Ontario – is relatively low. The villages and hamlets are not subject to the development pressures and urban boundary expansions in towns and cities. In this context the County is pleased to see changes to the settlement area policy section with respect to boundary adjustment planning exercise that is more realistic in a rural environment.

Agriculture is an important part of the employment sector in Frontenac. Despite having a limited amount of prime agricultural land, farming activity takes place across the region and is an important part of not only the economy but the culture of rural Eastern Ontario. The draft 2019 PPS includes new terminology to describe “Agricultural Systems” and the “Agri-Food Network”, that support the broader farming community beyond prime agricultural areas.

With respect to increasing housing supply, the inclusion of the term “Housing Options” sets a strong foundation for permitting a range of housing types and forms; these options are consistent with policy direction in place across much of the County. Where greater clarification could be provided is in the use of term “market-based range and mix” when referring to residential uses in section 1.1.1.b). In the context of Frontenac, if the current market is for single-detached dwellings and this trend continues, opportunities for affordable housing or a mix and range of residential uses may not be met. In addition, there are many factors beyond the municipalities control when allocating residential development and outside factors such as short-term accommodation rentals add extra layers of complexity specially related to affordability.

Section 1.1.5 Rural Lands in Municipalities guides the majority of development across the County. Greater clarification is required for the use of term resource-based recreational uses (including recreational dwellings) as a permitted use in the rural area. When modelling lake capacity, it is imperative to understand the use of the residential property to properly assess phosphorous loading potential. Greater clarification on the use of term recreation dwelling would assist staff when calculating lake capacity.

Recommendation #1

That Frontenac County supports the retention of the existing natural heritage policies in the 2019 draft PPS. This is a key consideration for Frontenac as approximately 84% of the total land area of 4,000 square kilometers contains woodlands or wetlands, including 9,766 hectares of Provincially Significant Wetlands, 4, 212 hectares of coastal wetlands and 35, 335 hectares of other wetlands. Together, natural heritage features serve as a core component of the social, cultural and economic fabric of the region.

Recommendation #2

The County supports the continued requirement that all planning approvals “shall be consistent with” the Provincial Policy Statement as it provides a high level of consistency in the land use planning process and the development of land use policy.

Recommendation #3

That Frontenac County supports the proposed changes to Section 1.1.3 (Settlement Areas) that provide more flexibility for rural communities. In particular:

- New wording in Section 1.1.3.8 that states that, “in undertaking a comprehensive review the level of detail of the assessment should correspond with the complexity and scale of the settlement area boundary expansion or proposal”; and

- New Section 1.1.3.9 which under certain conditions will allow for municipalities to adjust settlement area boundaries outside a formal comprehensive review.

Recommendation #4

That Frontenac County supports the new definitions for “Agricultural System” and “Agri-food Network” as well as corresponding policy changes to Section 1.7(i) (Long Term Economic Prosperity) and Section 2.3.2 (Agriculture) that are intended to sustain and protect agricultural resources.

Recommendation #5

That Frontenac County supports the inclusion of the term “Housing Options” but seeks greater clarity on the term “market-based” as referenced in section 1.1.1.b).

Question 2: Do the proposed policies strike the right balance? Why or why not?

As noted above in response to Question 1, Frontenac County supports the “shall be consistent with” approach – this level of certainty (compared to “have regard to”) expedites the planning process as the planning rules that are included in Upper Tier and Lower Tier Official Plans and Zoning By-laws are clear at the outset of a planning application.

Also as noted above, Frontenac supports the continued strong environmental protection policies contained in the draft PPS (Natural Heritage) which will allow for the protection of a significant percentage of the land area in the County.

The revisions to rural land use policies in the draft PPS have resulted in a policy section that is less prescriptive and more flexible. This is a pragmatic approach that recognizes that the rural landscape – and permitted rural land uses – can be significantly different across Ontario, and which allows municipalities to have more control over the policy approach that best fits their circumstances. This is also reinforced in the changes to the boundary expansion / revision process that will allow smaller rural communities to make boundary changes through a less rigorous process than urban areas.

The County commends the Province on the inclusion of the term “Impacts of a Changing Climate” and the direction for climate change action at the regional and local levels. In recognizing that natural heritage features play a critical role in mitigating the impacts of a changing climate, the County works alongside the four Conservation Authorities within the region in the protection of wetlands and waterbodies. Stronger language to support the management of wetlands as listed in Section 2.1.10 could better meet the climate change policies within the document. This will correspond with the many municipalities that consider wetlands an asset.

The revisions to Section 2.5 Mineral Aggregate Resources propose to permit extraction in certain natural heritage features provided that the long-term rehabilitation can demonstrate no negative impacts on the natural features or their ecological functions. While the County supports extraction of mineral aggregates and has areas identified for potential, greater clarification on how such an operation may have no negative impacts on the natural features or their ecological functions is required.

Recommendation #6

Frontenac County acknowledges that, when compared to the current PPS, the draft 2019 PPS provides a better balance and more flexibility to deal with planning issues in rural planning areas and the County supports these changes.

Recommendation #7

Frontenac County acknowledges that the term “Impacts of a Changing Climate” provides clarification for planning authorities incorporating climate related policies within land use plans. The County supports the retention of the existing natural heritage policies and that Section 2.1.10 permits municipalities to manage additional wetlands in accordance with the guidelines development by the Province.

Recommendation #8

Frontenac County recommends the Province provide clarification on the requirements for mineral aggregate extraction in identified natural heritage features as listed in section 2.5.2.2 as to how these operations can demonstrate no negative impacts on the natural features or ecological functions of said features.

Question 3: How do these policies take into consideration the views of Ontario communities?

See Recommendation #6 above. The proposed changes will allow communities more opportunity to create planning policy that recognizes what is currently ‘on the ground’ and more flexibility is setting priorities (e.g., for Frontenac County, the County Official Plan recognizes that protection of the natural environment across the region is a key priority).

Question 4: Are there any other policy changes that are needed to support key priorities for housing, job creation, and streamlining of development approvals?

Frontenac County context – communal services: With the exception of the water system in the village of Sydenham, there are no municipal water or sewer systems in the villages and hamlets in the County and it is highly unlikely that any municipal systems will be created in the near future. Many of the villages in the Frontenacs have been formally identified as “settlement areas” in their respective Township Official Plans. The current PPS does not recognize that there are many settlement areas in rural Ontario that have no water or sewer services, although the municipality is trying to direct growth to reinforce the stability of a community and to reduce sprawl. The ability to provide full municipal services in any of the settlement areas in Frontenac County is unrealistic and could not happen with a significant infrastructure funding investment from the Province.

The County has spent the past two years completing a regional study to promote the use of communal services for new development and redevelopment in settlement areas - 2019 Communal Services Study. Implementation will begin in 2020 and will be crucial to create new employment areas, allow for new forms of residential development beyond single detached homes, and the stabilizing and strengthening of existing mainstreets, as well as better environmental protection.

It is noted that there are a number of changes proposed in the draft PPS that promote communal services both for new forms of development and protecting and strengthening mainstreets. For example:

- New wording has been added in the Settlement Areas policy section that states that “vitality and regeneration (emphasis added) of settlement areas is critical” (Section 1.1.3);
- In the Housing section it is noted that planning authorities shall provide for an appropriate range and mix of housing options and densities, in part by “permitting and facilitating housing options required to meet . . . the needs arising from demographic changes and employment opportunities” (Section 1.4.3 b) ). Further, in Section 1.7 it is noted that long term economic prosperity should be supported by … encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce” (Section 1.7.1 b) ). In Frontenac County (as in other parts of rural Ontario) there is a lack of seniors housing, medium density housing, and apartments. The only opportunity for this housing market to be supplied is through installation of communal services.

- Section 1.6.6.3 is proposed to be revised to state that where full municipal services are not available (or financially feasible), that “… private communal sewage services and private communal water services are the preferred form of servicing for multi-unit/lot development to support protection of the environment and minimize potential risks to human health and safety” (Section 1.6.6.3). The County recognizes that the wording is proposed to be changed from “municipalities may allow the use of” communal services to recognizing this type of servicing as a “preferred form”.

- The term “Housing Options” outlines a number of residential uses including rowhouses and townhouses that may be made feasible on in rural settlement areas across the County as a result of development on communal services.

The County of Frontenac is committed to supporting the Eastern Ontario Regional Network (EORN). Improved broadband and cellular access is a critical economic development tool in Eastern Ontario. The inclusion of policy direction that supports broadband and cellular connectivity as a driver for economic development and key determinant in land use development patterns could further support the work of EORN.

The County of Frontenac supports engagement with Indigenous communities in the coordination of land use planning matters with the included policy in Section 1.2.2. It is the County’s understanding that a future Ministry document will provide greater clarity; the County welcomes this.

Section 4.7 requires planning authorities to identify and fast-track priority applications which support housing and job-related growth and development. While it is recognized that the County will be responsible for establishing criteria for priority applications, this could lead to significant delays to non-priority applications leading to a greater expenditure of time and money spent on Local Planning Appeal Tribunal hearings.

Recommendation #9

Frontenac County supports the proposed changes to Sections 1.4, 1.6, and 1.7 that will facilitate the use of communal services in villages and hamlets which for Frontenac will support key priorities for housing and job creation.

Recommendation #10

Broadband and cellular access is a key economic development tool for rural Eastern Ontario. Inclusion of policy that reflects this will further support the objective of EORN and its partners; this could be a consideration for Section 1.7 Long-Term Economic Prosperity.

Question 5: Are there other tools that are needed to help implement the proposed policies?

One planning tool that currently not prescribed under the Planning Act or through regulation is the use of conditional zoning. Conditional zoning allows for increased flexibility and permits municipalities to respond to the unique features of a particular land use application. It has the potential to allow for a planning approval through one planning process and can be applied in rural areas where the landscape and land uses are typically diverse.

Recommendation #11

Frontenac County recommends that the Province consider allowing for the use of conditional zoning in the planning process.

Additional Comments

Accurate, up-to-date mapping is critical for planning decision makers. The Provincial Policy Statement directs planning authorities to protect a number of features and resources as well as to avoid development in certain areas. In the context of Frontenac, the County and member municipalities rely on the various Ministries including the Ministry of Natural Resources and Forestry and the Ministry of the Environment, Conservation and Parks, to identify these areas. Efficiencies are found when this work is carried out at the Provincial level; the costs of retaining a consultant to perform mapping services is not feasible at the local level. For instance, Section 2.5.1 requires that where provincial information is available, deposits of mineral aggregate resources shall be identified. If this provincial information is not up to date on the layers available through Land Information Ontario, a proponent may have undergone unnecessary works leading to project delays as a result.

Most recently, North Frontenac requested information from the Ministry of Natural Resources and Forestry with regard to the status and classification process of an Area of Natural and Scientific Interest. Despite multiple formal requests, the Ministry was unable to provide historic data on the engagement process for the ANSI (including specific dates) and did not have a recent environmental review completed for the area.

In addition to updated mapping, the County of Frontenac would like to request that implementation guidelines be prepared as part of the release of the 2019 PPS. Implementation guidelines will provide greater clarity to approval authorities and members of the public and private consultants.

Finally, the County would benefit from understanding the timelines for updates to the Provincial Policy Statement and an understanding of the monitoring system put in place to ensure planning objectives are being met and overall quality assurance.

Summary and Conclusion

The County of Frontenac generally supports the overall changes to the Provincial Policy Statement. The changes will allow for a greater degree of flexibility and discretion for dealing with small-scale development in rural Ontario that can enhance economic opportunities.

It is important for sustainable, long term growth in Frontenac County that we have a provincial planning system that is working well in balancing competing interests and preserving the rural lifestyle that draws people to work and live here. Economic opportunities will need to be pursued at the local level that can allow people to remain in our communities and ensure that the area remains vibrant.

Thank you for the opportunity to comment on the proposed changes to the Provincial Policy Statement. The County looks forward to a continued partnership with the Ministry on this project and future engagement on changes to the land use planning framework in Ontario.

Submitted on behalf of the Council of the Corporation of the County of Frontenac as authorized at its regular meeting held September 18, 2019 through the passage of the following resolutions, being Reports from Advisory Committees, clause b):
Reports from Advisory Committees of County Council
b) Report of the Planning Advisory Committee

Motion #: 161-19

That the Report received from the Planning Advisory Committee be received and adopted.
Report of the Planning Advisory Committee
The Planning Advisory Committee reports and recommends as follows:
1. 2019-098
Planning and Economic Development
Response to Provincial Policy Statement (PPS) Review
Be It Resolved That the Council of the County of Frontenac direct staff to submit the comments as set out in Appendix 1 of this report to the Ministry of Municipal Affairs and Housing prior to the deadline of October 21st, 2019;
And Further That a copy of this resolution and Appendix 1 be forwarded to the County’s member municipalities
Carried