Planning and Building Department

Page 1 of Report PB-27/11 CITY OF Burlington Planning and Building Department TO: Chair and Members of the Community Development Committee SUBJECT: Niagara Escarpment Plan Amendment 179 (NEPA 179) Addition of Pleasant View Survey to the Niagara Escarpment Plan West Side of Highway 6 in the City of Hamilton (former Town of Dundas) Report Number: PB-27/11 File Number(s): 555-03-01/11 Report Date: March 22, 2011 Ward(s) Affected: 1 CI 2 1=1 3 El 4 [11 5 CI 6 El A111:1 Date to Committee: April 18, 2011 Date to Council: May 2, 2011 Recommendation: The City of Burlington supports the approval by the Niagara Escarpment Commission of Proposed Niagara Escarpment Plan Amendment 179 for the Pleasant View Survey lands within the City of Hamilton (former Town of Dundas) Purpose: q Address goal, action or initiative in strategic plan q Establish new or revised policy or service standard X Respond to legislation q Respond to staff direction q Address other area of responsibility The Niagara Escarpment Planning and Development Act requires that Municipalities be invited to provide comments on proposed Niagara Escarpment Plan Amendments. Reference to N/A Strategic Plan: Background: The Niagara Escarpment Commission (NEC) on January 20, 2011 resolved to circulate Proposed Niagara Escarpment Plan Amendment 179 (NEPA 179) to property owners and commenting agencies for comment. The land area covered by NEPA 179 consists of approximately 400 hectares of land within the former Town of Dundas historically

Page 2 of Report PB-27/1 1 known as the Pleasant View Survey bounded on the east by Highway 6, on the north by Patterson Road, on the west by York Road and on the south by the Canadian National Rail Line and Old Guelph Road. These lands are generally described as being south of the Clappison's Corners Escarpment brow and northeast of Cootes Paradise at Highway 403 and Highway 6. The subject lands were part of the Parkway Belt West Plan approved by the Province in 1978. In 2005 the subject lands were included as Protected Countryside within the Provincial Greenbelt Plan. The Province in June 2010 approved the addition of 5 areas to the Niagara Escarpment Planning Area. The added areas included the 'Gap Lands' within Burlington (adjacent to Highway 407 between Guelph Line and Walker's Line) and the 'Pleasant View Survey' lands on the west side of Highway 6 adjacent to the Burlington boundary within Hamilton. Inclusion of the NEPA 179 lands as part of the Niagara Escarpment Plan (NEP) would ensure that the subject lands are within the same Provincial Plan as other lands associated with Cootes Paradise. A copy of Proposed NEPA 179 is attached as Appendix A. Burlington Council on November 25, 2010 has resolved to support proposed NEPA 176 for lands within the City of Hamilton. NEPA 176 covers lands southwest of NEPA 179 in the Olympic Park area of the former Town of Dundas. Discussion: The lands contained within NEPA 179 are currently part of the Provincial Parkway Belt West Plan approved in 1978. The Province confirmed their continued interest in the planning for these lands through their inclusion within the Provincial Greenbelt Plan in 2005 and their addition to the Niagara Escarpment Planning Area in 2010. The lands within NEPA 179 are held in a mix of public, private, institutional and corporate ownership. The general breakdown of land ownership is: Private 32% Public 15% (Hamilton Conservation Authority, RBG, Hamilton, Province) Corporate 37% (CN, CP, Hydro One) Institutional 5% (Sisters of St. Joseph)

Page 3 of Report PB-27/11 - Other 11% (Roads, etc.) The NEC staff report on NEPA 179 describes the physical setting of the area as follows: "The area is, for the most part, rural in nature and unsuited to agriculture resulting in a successional landscape where fields are returning to forest. Rural residences are intermixed within the Pleasant View Survey but because of the topography, the character of the area is more countryside than urban in nature". "The creeks and streams in the area and the lands on the Escarpment slope and along the Escarpment brow are identified as Environmentally Sensitive Area (ESA) by the City of Hamilton. These are closely associated to abutting lands within the NEP that are also classed as ESA or Provincially significant (e.g.' Borer's Falls and the Cootes Paradise)." Vacant lands within the Pleasant View Survey have been the subject of development applications since the inclusion of the area within the Parkway Belt West Plan in the 1970s. The most recent proposal was from Bella Court Developments and other owners in 2008 to develop a seniors' lifestyle community and wellness centre on a 56 hectare parcel. In December 2009 the Minister of Municipal Affairs refused the Landowners Application to amend the Parkway Belt West Plan to allow this development proposal. The NEC staff report on NEPA 179 refers to an application made by Bella Court Developments in July 2010 to the City of Hamilton for the creation of 11 single family lots. The NEC staff report states that this application has not been processed by the City of Hamilton. City staff concur with NEC staff that "the subject lands constitute the Escarpment and lands in the vicinity which fulfil the purpose and objectives of the Niagara Escarpment Planning and Development Act and therefore such lands should be included within the Niagara Escarpment Plan." Staff also supports the position of the NEC that: "the addition of these lands to the Niagara Escarpment Plan would bring all of the Escarpment features in this area within the NEP." The inclusion of the subject lands within the Niagara Escarpment Plan would be complementary to the Cootes to Escarpment Park System Plan which was endorsed by Burlington Council on February 1, 2010. This Land Management Strategy identifies the Pleasant View Survey area as a location where complementary uses to the 1500 hectares of publically owned natural areas to be managed as part of the Park System should be encouraged. The land use designations and policies proposed through NEPA 179 will support the Cootes to Escarpment Park System Land Management Strategy. It is anticipated that upon approval of NEPA 179 by the Minister of Natural Resources, the subject lands will be included within the Niagara Escarpment Development Control Area. Towards having this take place, the Minister of Municipal Affairs and Housing has initiated the revocation of the Parkway Belt Regulations (Minister's Zoning Order, Ontario Regulation 486/73) for the subject lands. Upon approval of NEPA 179, the Province will need to make a

Page 4 of Report PB-27/11 revision to the Greenbelt Plan to replace the existing Protected Countryside designation with the designations from NEPA 179. Environmental Matters: The inclusion of the subject lands within the Niagara Escarpment Plan (NEP) and the designations and policies identified through NEPA 179 will provide protection of important natural and cultural features consistent with the designations and policies for adjacent lands currently within the NEP or proposed to be included within the NEP through proposed NEPA 176 abutting the subject lands. The designations and policies resulting from the approval of NEPA 179 will also be consistent with the City's endorsement of the Cootes to Escarpment Park System. Communication Matters: N/A Conclusion: The City of Burlington should support Niagara Escarpment Plan Amendment No. 179 for the Pleasant View Survey lands within the City of Hamilton (former Town of Dundas). Respectfully submitted, Conn Planner - Policy (905) 335-7600, ext. 7641 Appendices: A. Proposed NEPA 179, January 20, 2011 Notifications: (after Council decision) Name Ken Whitbread, Niagara Escarpment Commission Mailing or E-mail Address Ken.whitbread@ontario.ca City Treasurer ral ager ity Manager

Page 5 of Report PB-27/11 Committee Disposition & Comments /.. 1, 61 L'' 17,20\166) To be completed by the Clerks Department Council Disposition & Comments 014pproved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn 0 01-Approved 02-Not Approved 03-Amended 04-Referred 06-Received & Filed 07-Withdrawn

Page 6 of Report PB-27/11 APPENDIX A: NEPA 179 PROPOSED NIAGARA ESCARPMENT PLAN AMENDMENT PW 179 09 ADDITION OF LANDS TO THE NIAGARA ESCARPMENT PLAN (THE PLEASANT VIEW SURVEY) January 20, 2011 TABLE OF CONTENTS PART A - The Preamble PART B - The Amendment PART C Schedule "A"

Page 7 of Report PB-27/11 PART A The Preamble PURPOSE: To amend the Niagara Escarpment Plan (NEP) to add and designate the lands known generally as the Pleasant View Survey in the City of Hamilton. The area is bounded on the east by Highway 6, on the north by Patterson Road, on the west by York Road and on the south by the Canadian National Rail Line and Old Guelph Road. The lands are held in a mix of public, private, institutional and corporate ownership. These lands will be joined to the main body of the Niagara Escarpment Plan (NEP) which surrounds the lands on the north and west. The NEC is responding to an Order-in-Council (OIC) filed on June 14, 2010 to include the lands in the Niagara Escarpment Planning Area (NEPA) for the purpose of facilitating an Amendment to the Niagara Escarpment Plan (NEP). Ontario Regulation 235/10 implementing the OIC was published in the Ontario Gazette on July 3, 2010. AREA: The lands subject to the proposed Plan Amendment consist of an area of approximately 399.4 hectares (986.95 acres). LOCATION: The lands consist of: Part of Lots 23, 24, 25, 26, 27 and 28, Concession 1 Part of Lots 22, 23, 24, 25, 26, 27, 28 and 29, Concession 2 City of Hamilton, Former Town of Dundas Former Regional Municipality of Hamilton-Wentworth BASIS: Under Section 6.1(2) of the Niagara Escarpment Planning and Development Act (NEPDA), the NEC may initiate an amendment to the NEP, with appropriate justification provided. The Amendment proposes to add the Pleasant View Survey area lands to the Niagara Escarpment Plan (NEP) and designate such lands in accordance with the provisions of the NEP. These lands are currently subject to other Provincial Plans, namely the Greenbelt Plan, the Growth Plan and the Parkway Belt West Plan. The subject lands constitute the Escarpment and lands in its vicinity which fulfil the purpose and objectives of the NEPDA and therefore such lands should be included within the Niagara Escarpment Plan. The Pleasant View Survey area lands should be designated "Escarpment Natural Area", "Escarpment Protection Area", "Escarpment Rural Area" and "Public Land" (in Parks and Open Space System), as these designations satisfy the applicable objectives and designation criteria of the NEP.

Page 8 of Report PB-27/11 The addition of these lands to the Niagara Escarpment Plan would bring all of the Escarpment feature in this area into the NEP. The lands also constitute a logical extension of a natural corridor of sensitive lands, stream valley features, contiguous forest patches and scenic rural landscapes that is missing from the NEP. This gap would be removed through the connection of these lands to areas now within the NEP, found to the north and west. PART B THE AMENDMENT The Niagara Escarpment Plan is amended as follows: 1. Map 2 of the Niagara Escarpment Plan is amended as shown on Schedule A. 2. Map 10, Niagara Escarpment Parks and Open Space System, is amended to include the Public Lands brought into the Niagara Escarpment Parks and Open Space System (NEPOSS), including the addition of one new Natural Environment park to the Map Legend, which will be identified as the Pleasant View Conservation Sanctuary. 3. The Niagara Escarpment Plan is amended by adding the following park and open space area description and park classification to Appendix 1 after Park 101 (Clappison Woods) as Park 102 and renumbering the Parks which follow: Pleasant View Conservation Sanctuary (Natural Environment) The Pleasant View Conservation Sanctuary consists of a number of public holdings (some of which are separated by closed road allowances) held primarily by Halton Conservation. The assembly currently totals about 36 ha (90 acres). Future acquisition would link more of the holdings. The largest tract is known as the Cartwright Nature Sanctuary and was secured with the aid of the Hamilton Naturalists' Club who helped prepare a management plan. The Pleasant View Conservation Sanctuary is situated along the lower slopes of the Niagara Escarpment and is almost entirely surrounded by or cut by ravines which contain creeks and streams. The lands are isolated, generally forested and undisturbed, affording significant wildlife corridors. Identified as environmentally sensitive, they provide diverse habitat including species at risk. Passive recreation (i.e., nature trails) and nature appreciation is considered the optimum public use of the Conservation Sanctuary, given its sensitivity.

Page 9 of Report PB-27/11 To amend the Niagara Escarpment Plan (NEP) to add approximately 399 hectares (986 acres) and provide NEP land use designations to these lands, which are known as the Pleasant View Sucre, in the Ci of Hamilton_ SCITEDITLE A \L-\ SHOWING AMENDMENT PW 179 10 ICI Amendment Bound ary Plan Designations Escarpment Rural Area Public Land (in Parks and am Escarpment Natural Area 1111111 Escarpment Urban Area L-14-Lti Open Space System) ',42' Escarpment Protection Area AP- Ontario v v ie..' a 7 ti ti titi, ti 11 dy -e-m1,1 714. - 1,, n1: estitibtiati 0 200 900 i3o00 Metres January 20, 2011 Ma, -.NS.: alif tatitit ti.v..w ntitil...1 tilr tit/ S. NAOMI 1...titi.