Report to: Development Services Committee Date of Meeting: January 16, 2007
SUBJECT: Terms of Reference for
Environmental Policy Review and Consolidation (Revised)
PREPARED BY: Lilli
Duoba, Senior Project Coordinator-
Environmental Planning
& Rouge Park
RECOMMENDATION:
THAT the staff report entitled “Terms of Reference for
Environmental Policy Review and Consolidation (Revised)”, dated January
16, 2007, be received.
AND THAT Council, approve the
revised Terms of Reference and authorize completion of the Environmental Policy
Review and Consolidation led by Schollen and Company pursuant to the original contract
and revised work plan.
AND THAT the budget for the consulting
contract for the Environmental Policy Review and Consolidation led by Schollen
and Company be extended by $61,950 to include the preparation of mapping and
associated policy to reflect Greenbelt Plan conformity, delineation of the Rouge
Park boundary, Small Streams Study mapping and
watershed implementation policies currently not included in the 2004 budget or
scope of work.
AND THAT the additional
consulting fees to an upset limit of $61,950 (inclusive of GST) be paid from
the existing 2004 and 2005 environmental planning capital accounts 080-5399-6265-005
and 080-5399-6632-005, and be added to the existing Schollen and Company
contract purchase order (P0 B400077).
And that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
The purpose of this report is to seek approval for the extension of the
consulting contract, and revision to the scope of work and budget, for the
Environmental Policy Review and Consolidation Study approved in 2004. This
revised Terms of Reference for the Environmental Policy Review and Consolidation (EPRC)
study is intended to expand the
original scope of work, which was for an integrated environmental policy
framework and to extend policy protection to the Town’s rural area. As well, the extended study will now
delineate the Rouge Park boundary in accordance with OPA No. 140,
identify small stream features, address Greenbelt conformity policies and address Rouge and
Duffins Watershed Plan policies. The
revised Terms of Reference reflects the policy requirements of the Toronto and Region Conservation Authority and
Province which have been put in place since the original study commenced. The original study was temporarily suspended
when it became clear that the Provincial Greenbelt Plan would impact Town
Policy initiatives. The revised Work
Plan for the EPRC supplements the study team with additional expertise to
address specific policy matters arising from the Provincial legislation.
FINANCIAL CONSIDERATIONS:
Sufficient funds to expand the
scope of the Environmental
Policy Review and Consolidation Study are
available in the 2004 and 2005 Environmental Planning
capital accounts.
In 2004, Council authorized the Environmental Policy Review and
Consolidation Study. This study was
designed to extend environmental policy protection to the Town’s rural area
which is currently not subject to the same level of protection as afforded to natural
features in the urban area. In 1998,
Council adopted Official Plan Amendment No. 52 (Policies to Protect, Enhance
and Restore Natural Features in the Urban Development Area) which implemented
the Natural Features Study for only the urban area. At the time of approval of OPA No. 52, it was
intended that the rural area would be considered for a separate amendment
process upon completion of the Rouge Park planning process.
The study was initiated and underway, but temporarily suspended when the
Province initiated the Greenbelt Plan planning process. The direct relationship of the Rouge Park policies to the Greenbelt planning process required that the Town
suspend the study until the Province concluded their planning process. The Greenbelt Plan was released by the
Province in 2005. Since commencement of
the EPRC, the following additional initiatives have also been completed:
Ø Province has released the Growth Plan for the
Greater Golden Horseshoe which requires that municipalities identify and
protect their natural heritage system;
Ø TRCA’s Watershed Plans for the Duffins and
Rouge have been completed and released;
Ø The technical work for the Town’s Small Streams Study has been completed; and,
Ø The Town has continued negotiations related
to the Rouge Park OPA No. 140 appeals.
The Terms of Reference for the Environmental Policy Review and
Consolidation have become dated and now need to reflect and consider the policy
and legislative requirements of the TRCA and Province. The revised Terms of Reference are attached
as Appendix ‘A’.
The following current initiatives are recognized by the Town and need to
be considered with the context of the EPRC:
Watershed Planning
The Duffins Watershed Plan has been completed and the TRCA is close to
completion of the Rouge Watershed Plan.
The Provincial Policy Statement and Growth Plan identify and encourage
watershed planning. The Oak Ridges
Moraine Conservation Plan requires that municipalities prepare and implement
Watershed Plans within the Oak Ridges Moraine Conservation Area. The Town should review the implementation
components of these plans and determine an appropriate policy strategy for the
Town.
Growth Plan and Greenbelt Plan
The Province has released the Growth Plan which requires municipalities to
identify and protect a natural heritage system.
This work will be led by the Province and the Region of York. The EPRC will help inform the review and set
the environmental strategies in place which will form the foundation of the
Town’s next Growth Strategy.
The Greenbelt Plan identifies lands for long-term agriculture protection
and includes lands for a natural heritage system. A significant amount of Greenbelt Plan area
has been identified in Markham. The Greenbelt Plan permits municipalities to review their agricultural
land use designations and associated uses within the context of the Greenbelt
Plan to help support the agricultural policies contained within the Greenbelt
Plan. The Town is required to introduce Greenbelt conformity policies into their Official Plan
within five years subject to the mandated Official Plan review requirement
identified in the Planning
Act. Greenbelt Plan conformity is a
mandatory Provincial requirement.
Source Water Protection Planning
The original Terms of Reference for the EPRC did include a component
dealing with groundwater protection, however, the Province has further
articulated the direction for Source Water Protection through the Clean Water
Act and Source Water Protection Planning
process, which also includes new legislative tools for municipalities to
protect and manage groundwater resources.
Additional policy review and potential mapping is required.
Small Streams Study
The Town has undertaken the Small Streams Study and the final study report and
recommendations are expected to be forwarded to Council early in 2007. The Terms of Reference will reflect the
incorporation of the Small Streams Study guidelines and small streams study mapping if so directed by
Council. This work has been budgeted
separately and can easily be modified to reflect the future direction of
Council.
OPA No. 140 (Rouge North Management Area)
OPA No. 140 was adopted by Council in October 2005, approved by the
Region of York on May 31, 2006 and subsequently appealed to the Ontario
Municipal Board. A pre-hearing
conference was to be held on October 25, 2006 but was suspended by agreement between the
Town and appellants in order to provide for further review and delineation of
the Rouge Park boundary.
The Rouge Park boundary has been the source of much
discussion with the development community.
The appellants to OPA No. 140 have provided verbal support for the preliminary
delineation of the Rouge Park boundary through this study process. The next pre-hearing conference is now
scheduled for February 7, 2007. Given
that the Greenbelt Plan area boundary is now superimposed on the major
tributaries, staff support the delineation of a preliminary Rouge Park boundary as part of the study process to
help establish a process for identifying the natural heritage system and
confirm the natural heritage protection areas within a mapping product. The Rouge Park boundary defined in the study will be a
preliminary boundary, recognizing that detailed delineation requires access to
properties and confirmation of existing features on the ground.
The revised Terms of Reference for the EPRC reflect not only the mapping
of the Preliminary Rouge Park boundary but also provide a process, to be funded
separately and entirely by the appellants to OPA No. 140, to use the study
process and consultants to delineate a detailed Rouge Park boundary for selected lands. The scope of this work will be based on
participating landowners and will require access to the lands selected for
detailed boundary delineation. This
component of the study will be funded entirely outside of the study by the
participating landowners and confirmed through a study team including the TRCA
and Rouge Park staff.
Summary of Changes in Scope of
Study
The original Terms of Reference for the Environmental Policy Review and
Consolidation Study (2004) included the following:
Ø
Review and confirm natural features mapping
including buffers and enhancement areas
Ø
Confirm and identify natural features policy
areas in the rural area
Ø
Review and confirm Natural Features Study
objectives and targets
Ø
Prepare natural heritage system mapping
Ø
Review and confirm Town’s Greenway system
Ø
Identify issues and policy approach to address
groundwater protection
Ø
Review Special Policy Area policies
Ø
Review
Town’s Small
Streams Study
Ø
Review opportunities for greenways lands within
the hydro corridors
Ø
Prepare consolidated natural heritage policy
framework for urban and rural lands
Ø
Prepare environmental lands monitoring protocol
Ø
Prepare draft OPA
The scope of the study has been expanded to reflect the following
additional requirements:
Ø
Prepare Greenbelt
conformity policy framework including agricultural classifications within the
Greenbelt Plan area
Ø
Map preliminary Rouge
Park boundary
Ø
Facilitate more detailed Rouge
Park boundary definition, subject
to landowner funding and granting access to lands
Ø
Map preliminary Small Stream Study features
Ø
Identify and recommend appropriate
implementation of Duffin’s Watershed Plan and Rouge Watershed Plan
Ø
Recommend additional policy considerations
required for Growth Plan conformity
Prior to the temporary suspension of the EPRC study, to await completion
of the Provincial greenbelt planning process, the consultants had undertaken
the policy review and background mapping component of the study. Approximately $13,000 of the study budget (20%)
was spent. The revised Work Plan and
budget are attached as Appendix ‘B’.
The lead study consultants were also those retained to prepare the Town’s
Small Stream study and had previously prepared the Rouge North Management Plan. The team has significant experience both in
local natural heritage policy development and in working with the municipality. The lead consultant has proposed that his
team be supplemented with the firm of North-South Environmental Inc., to assist
with the tasks related to ecological inventory and assessment, natural heritage
system planning, implementation of ecological enhancement initiatives and
preparation of the vegetation monitoring protocol. Provision has also been made to retain Harry
Cumming, agricultural consultant, to provide recommendations on the long-term
agricultural provisions in the Greenbelt Plan.
The additional team members are appropriately qualified and
experienced. Given the amount of work already undertaken by
the consultants and their experience in environmental planning and particularly
delineation of the Rouge Park, staff support the extension of the existing
contract to include the new scope of work.
The revised Work Plan and Budget are attached as Appendix ‘B’
Study Consultation
The study process shall include a Technical
Advisory Committee (TAC) comprised of Town staff, TRCA staff and staff from
appropriate Provincial agencies to ensure the study recommendations reflect
current agency and Provincial policy with respect to natural heritage
identification and protection. The
consultant lead and/or team will be required to participate in TAC meetings.
The consultant should also advise and
recommend an appropriate public and stakeholder consultation which could
comprise a Stakeholder Advisory Committee and/or public consultation
events.
Should landowners in the watershed opt to
participate in the detailed boundary delineation process, a separate Committee
shall be formed to confirm the boundary comprised of landowners, Town staff,
TRCA staff and Rouge Park staff.
The study consultants will be required to
present the study findings to at least three Development Services
Committee/Council meetings. These should generally occur upon completion
of the mapping exercise for the Town’s Natural Heritage System (Phase 1) and completion of the
Natural Heritage Strategy Framework (Phase 3). The
consultant will also be required to participate in the statutory public
meeting.