RECOMMENDATION
THAT the staff report entitled “Comments on Bill 135 – Proposed Greenbelt Act, 2004 and the Draft
Greenbelt Plan,” dated November 23, 2004, be received.;
THAT the
Council of the Town of Markham congratulate and commend the Province for their
insight and strategic approach toward the protection of agricultural and
environmental lands in the Golden Horseshoe area;
THAT the
Town of Markham support the Ministry of Municipal Affairs and Housing in the
finalization and implementation of the Greenbelt Plan as outlined and commented
on in this report;
THAT Council specifically request
the provincial government, through the Ministry of Municipal Affairs and
Housing, to:
12. Revise the
Greenbelt Plan to allow the opportunity for municipalities to approve
severances to facilitate private ownership of existing habitable structures on publicity owned land or facilitate the conveyance of
lands into private ownership, subject to heritage or conservation easements, to
ensure the integrity of the Greenbelt Plan is protected.
14.
Grant an extension
to the commenting and consultation period for the Greenbelt Act and Plan for two months, to allow for further
consultation with stakeholders and municipalities, within the context of the
Draft Growth Management Plan for the Greater Golden Horseshoe area and planning
reforms (Provincial Policy Statement, OMB reform and Planning Act reform).
15.
Include
a Markham representative
on the future Greenbelt Advisory Council.
THAT the Director of Planning and Urban Design be authorized to continue to work with Ministry staff
to seek clarification and specificity on the Greenbelt Plan.
THAT Council endorse the attached
report and submit it to the Province as the Town of Markham’s comments on the Bill 135 –
Proposed Greenbelt Act, 2004 Bill of Rights Registry No. AF04E0001 and the Greenbelt Plan, 2004 Bill of Rights Registry
No. PF04E0006.
AND THAT the Clerk be requested to
forward a copy of this report to the Minister of Municipal Affairs and Housing,
the Minister of Public Infrastructure, Renewal, TRCA, the Region of York and
the Rouge Park Alliance.
PURPOSE:
The
purpose of this report is to respond to Bill 135 – Proposed Draft Greenbelt
Act, 2004 and the Draft Greenbelt Plan,
2004 released by the Ministry of Municipal Affairs and Housing. Comments are due on Bill 135 – Proposed Greenbelt
Act on November
27, 2004 and on the Draft Greenbelt Plan, 2004 on December 12, 2004. The tight review and consultation timeline is coincident
with the termination of the one year moratorium on development imposed by the
Province through Bill 27 in December 2003.
EXECUTIVE SUMMARY:
On October 28,
2004 the
Province released the much anticipated Draft Greenbelt Act, 2004 (Bill 135), Proposed
Places to Grow Act, 2004 (Bill 136) and a Draft Greenbelt Plan. The Places to Grow Plan will be brought
forward upon release for comment of the draft planning reforms which the
Minster anticipates releasing by the end of the year.
The Provincial Greenbelt Plan proposes a
permanent greenbelt around the Golden Horseshoe Area to protect environmentally
significant lands and agricultural lands in the context of a vision of
sustainable countryside which balances agricultural uses and environmental
protection with tourism, recreation and resource use. In Markham, the Greenbelt Plan
provides an overall positive response to the Town’s Rouge North Amendment (OPA
No. 116) and the Eastern Markham Strategic Review. The Province should be commended for defining
Greenbelt lands to support the Town’s environmental
policy initiatives. The Town is
providing further comments through this report to help strengthen and clarify
the Greenbelt Plan, particularly as it relates to the long-term implementation
of the Plan.
BACKGROUND:
Dec. 15th, Provincial Government introduced Bill 26,
In December 2003, the provincial government
introduced Bill 27 to create a study area for protection of a Greenbelt within the Golden Horseshoe
growth management area. The greenbelt
study area comprised the Regions of Durham, Halton, Peel and York and the Cities of Hamilton
and Toronto, as well as lands within the Niagara Escarpment
Plan, the Oak Ridges Moraine area, and the tender fruit area of the Region of
Niagara. Bill 27 established a one-year moratorium on the
approval of urban development on rural and agricultural lands in the study area
to enable the government to study where greenbelt protection should occur. It also established the basis for a comprehensive
consultation process to gather public and stakeholder input on key greenbelt
issues.
The Province appointed a multi-stakeholder Greenbelt
Task Force to provide recommendations to the Province on a greenbelt protection
strategy. The Greenbelt Task Force Discussion
paper was released in May 2004. The Town
of Markham responded to the Task Force discussion paper on June 22, 2004. A copy of the
letter forwarded to the Province with attached resolution is attached as
Appendix ‘C’. In August 2004, the
Greenbelt Task Force released their advise and recommendations to the Minister
of Municipal Affairs and Housing.
The Greenbelt Plan is a strategy that identifies where urbanization is
not to occur in order to provide permanent protection of agriculture and
environmental lands. The Greenbelt Plan boundary
will be defined by regulation and is proposed to include some 1.8 million acres
of land including parts of the Niagara Escarpment and Oak Ridges Moraine. The
Greenbelt Plan will be established by an Order-in-Council (similar to the
Provincial Policy Statement). With the
exception of the Oak Ridges Moraine, the Greenbelt Plan lands in Markham are identified as Protected
Countryside. The Greenbelt Plan is
attached as Appendix ‘B’’ and the area is identified on Figure 1.
The Protected Countryside designation within the Greenbelt Plan
provides a policy context around the following theme areas:
¨
Agricultural Protection
¨
Environmental Protection
¨
Settlement Areas and Supporting Rural Communities
¨
Fostering Culture, Recreation & Tourism
¨
Allowing appropriate Infrastructure and Natural Resource Uses
Within the Protected Countryside, land uses are defined as the
Agricultural System, Natural System and Settlement Areas. The Agricultural System comprises Specialty
Crop, Prime Agricultural Areas and Rural Areas.
The Natural System comprises the Natural Heritage System, Water Resource
System and Key Natural Heritage and Key Hydrological Features. The Natural Heritage System is identified on
Figure 2 and in more detail on Figure 4.
The parkland, trails and open space policies apply across the Greenbelt area and provide opportunities
for recreation, tourism and cultural/natural heritage uses.
In Markham, the Protected Countryside designation comprises
lands that would be classed Prime Agricultural and Rural (lands currently
designated Open Space). The Prime Agricultural
Area designation would:
¨
permit agricultural and secondary uses;
¨
prohibit land use redesignations
¨
permit expansions to existing uses
¨
permit lot severances for a minimum lot size of 100 acres and a surplus
farm dwelling from a farm consolidation.
The Rural Area designation would:
¨
permit agricultural and non-agricultural uses including recreational,
tourism, resource-based industrial and commercial uses; and,
¨
not permit new lots for multiple unit (subdivision) or permanent
residential dwellings.
Municipalities through an Official Plan conformity exercise, would
determine the boundaries of the prime agricultural and rural lands. The land use permissions for the Protected
Countryside encourage establishing a balance between countryside and ‘near
urban’ rural uses and creating a sustainable countryside.
The Natural Heritage System has been identified to include a majority
of the key natural features and connecting lands. Within the Natural Heritage System
agricultural uses and related development, including non-agricultural and open space
uses, may be permitted subject to conditions described to protect the key
natural heritage features. The water
resource system policies direct the preparation of watershed plans and the
protection of wellheads and sensitive aquifers.
Key Natural Heritage and Key Hydrological Features are identified in the
Greenbelt Plan for protection and will be mapped by the Province at a later
date. A vegetation protection zone of 30
metres is required adjacent those features within the Natural Heritage System. In Markham, the Natural Heritage System
extends along the Little Rouge Creek corridor, including portions of the
Provincially-owned lands in the south and the Federal lands to the north.
The Greenbelt Boundary extends along the river corridors outside Markham’s settlement area. These corridors are not mapped in detail, but
rather described as a 60 metre setback from the river or the valley wall, plus
the inclusion of key natural and hydrologic features and a buffer associated
with the feature. The Greenbelt Plan
also encourages municipalities to establish policies to protect greenbelt
connectors outside the plan area, as well as trails, parkland and pathway policies,
but does not provide specific policy directives.
The Greenbelt Plan supports existing settlements and provides a policy
framework for Towns, Villages and Hamlets.
Minor rounding out of settlement areas is permitted subject to policies
in local Official Plans, however any major expansion to settlement areas could
only be considered in the context of the 10 year review of the Greenbelt Plan. In Markham, Locust Hill and Cedar Grove
are identified as Hamlets and included in the Greenbelt area. The hamlets of Almira and Dickson Hill straddle
the Rouge River corridors intended to be delineated by
municipalities and forming part of the Greenbelt Plan.
The infrastructure policies support both existing and new infrastructure
to support long-term growth outside the Greenbelt Plan area. Natural Resource policies are provided to
address aggregate and other natural resource uses.
The
lot creation policies in the Greenbelt Plan are very restrictive. The Agricultural Advisory Team released their
recommendations to the Province in October and provided specific direction for
agricultural severances. The Advisory
Team recommendations support severances for residential purposes where
construction of a new dwelling on the property is restricted through
restrictive covenant on the deed or agricultural easements. The Town, through the Eastern Markham Strategic
Review planning process also identified the need to support potential
severances on public lands to provide for ownership opportunities for existing
habitable dwellings and address the ongoing issue in eastern Markham
of significant disrepair of rural housing stock.
The
Town’s Heritage Planning group is also exploring options for maintaining heritage housing stock
in the rural area though severances accompanied by heritage and/or conservation
easements to ensure the preservation of heritage buildings and controls over
new residential dwellings on the retained property. The option of lot severance with the
necessary property securements, including heritage and/or conservation
easements and conditions, should be
considered by the Ministry
of Municipal Affairs and Housing for the Greenbelt Plan as a means to facilitate
private ownership and maintenance of cultural resources. This option would support other cultural and sustainable
community objectives in the Greenbelt Plan and also assist communities such as Markham that face
increasing disrepair in rural housing stock due to long-term public
ownership.
Recommendation #12
That the Ministry of Municipal Affairs
and Housing revise the Greenbelt Plan to allow the opportunity for
municipalities to approve severances to facilitate private ownership of
existing habitable structures on publicly owned land or facilitate the
conveyance of lands into private ownership, subject to heritage or conservation
easements, to ensure the integrity of the Greenbelt Plan is protected.
The Provincial Places
to Grow Act, 2004 was released by the Province on October 28, 2004 concurrent with the Greenbelt Plan and
Act. The approval and implementation
process specified in the Act, for the Provincial Growth Plan for the Greater
Golden Horseshoe area (not yet released) mimics the Greenbelt Plan (approval by
local Councils, no appeal, 10 year Provincial review etc.). The Draft Greenbelt Plan includes a concept plan
for the Growth Plan within the context of the Greater Golden Horseshoe Growth
Management area (see Figure 3). Council
responded to the Province on the growth initiative on August
31, 2004 requesting the
Province to bring forward, concurrently, the revised Planning Reforms, a draft Greenbelt Plan and draft Growth
Plan and implementation framework. It is
expected that both the revised Planning Reform and draft Growth Plan will be released by
the Province in December, after comments on the Draft Greenbelt Plan are due to
the Province. Given the importance of
linking the Growth Plan with the Greenbelt Plan and ensuring the necessary
planning controls and reforms are in place to implement the Provincial growth
management initiatives, it would be appropriate to reiterate to the Province the
Town’s position in support of a coordinated review and approval process for all
planning reform, greenbelt and smart growth plans, policies and legislation.
The Greenbelt Plan
will direct major urban settlement to areas outside the Greenbelt. The
Provincial Growth Management Plan will identify designated areas for urban
settlement including priority urban centres, such as Markham centre, and areas having the potential to
accommodate future urban growth, including lands south of the Oak Ridges
Moraine, outside of the Greenbelt Plan. The
Places to Grow Discussion Paper identified lands in northern Markham, exclusive of those lands comprising the Greenbelt, as an area having the potential to
accommodate future urban growth. The
Town’s response to the Places to Grow Discussion Paper on August
31, 2004, identified the need
for the Province to develop a strategic approach to
urban boundary
expansions that encourages and supports those municipalities that have been
appropriately assessed for their ability to accommodate additional growth over
time. It is anticipated that policies
and criteria will be established in the Provincial Growth Management Plan to
guide future urban expansions on the non-Greenbelt lands north of the Town’s
current urban boundary.
Recommendation #14
That Council request the provincial government to extend the commenting
and consultation period for the Greenbelt Act and Plan for two months, to allow
for further consultation with stakeholders and municipalities, within the
context of the Draft Growth Management Plan for the Greater Golden Horseshoe
area and planning reforms (Provincial Policy Statement, OMB reform and Planning Act reform).
Province Proposes to establish a Greenbelt Advisory
Council
The Province has identified the
creation of a Greenbelt Advisory Council to assist with the implementation of
the Greenbelt Plan. It is intended that
the Advisory Council would address issues related to implementation
interpretation, agricultural viability, conflicting land uses, heritage
protection and other matters related to the Greenbelt Plan. It would be appropriate to request that the
Town of Markham be ensured representation at this Council.
Recommendation #15
That the Town of Markham request a
representative be included on the future Greenbelt Advisory
Council.
Natural Heritage System Policies require additional clarification
The Natural Heritage System
encompasses the majority of Greenbelt lands in eastern Markham and appears to function as an overlay to the agricultural
designations. In review of the Natural
Heritage System policies staff have concluded that much more clarity is needed
to understand the application of these policies within the context of the
Greenbelt Plan. It would be appropriate
to continue to meet with Ministry staff to seek clarification in the interpretation
of the Greenbelt Plan and continue to provide comments to improve the clarity
of the Greenbelt Plan.
Recommendation #16
That the Director of Planning and Urban Design be authorized
to continue to meet with Ministry staff to seek clarification on the Greenbelt Plan.
Province should consider additional time for the Greenbelt Plan
Development Services
Committee, at its meeting on November 9, 2004 directed staff to prepare a letter
to the Province requesting that an additional two months be provided to
municipalities for review of the Greenbelt Plan and to ensure coordination with
the anticipated Places to Grow Plan for the Greater Golden Horseshoe. This letter has been forwarded to the
Province and members of Council under separate cover.
FINANCIAL AND ENVIRONMENTAL
CONSIDERATIONS:
The Provincial Greenbelt Plan
supports the Town’s current
efforts to provide improved protection of natural features and green spaces as
components of a linked natural heritage system.
The Greenbelt
Act, 2004 and Greenbelt Plan require the affected municipalities to amend their
Official Plans through the required five year Official Plan review. Although the Province has directed the Greenbelt implementation through a provincially
mandated process which would also include implementation of the Places to Grow
Plan, the Province has exposed municipalities to potential Ontario Municipal
Board appeals and significant financial costs in defending the Provincial
initiatives.
CONCLUSION
The Provincial Greenbelt Plan represents
a significant long-term policy approach towards the protection of agricultural
and environmental lands. The Greenbelt
Plan recognizes the significant policy approaches undertaken by the Town in
recent years, notably the implementation of the Rouge Park and the Eastern Markham Strategic
Review, however the Greenbelt Plan would benefit from additional clarity and consistency
in river corridor delineation approaches. The Provincial Greenbelt Plan supports the
Town’s Corporate Strategic goal for environmental protection and provides a new
layer of Provincial policy and support in the protection for the Town’s valley
corridors and enhanced opportunities for the Town’s agricultural community in Eastern Markham.
ATTACHMENTS:
Figure 1: Greenbelt Plan Area
Figure 2: Natural Heritage System
Figure 3: Greenbelt/Golden
Horseshoe Growth Management Concept Plan
Figure 4: Greenbelt Plan – Markham Context
Figure 5: Proposed Minor Boundary
Adjustments
Figure 6: Rouge River
Tributaries
Appendix ‘A’- Bill 135- Draft Greenbelt Act, 2004
Appendix
‘B’- Draft
Greenbelt Plan
Appendix ‘C’- Council
Resolution of Greenbelt Task Force recommendations
Appendix ‘D’- Easter
Markham Strategic Review –
Greenspace System
FILE PATH: Q:\Development\Planning\MISC\MI501
Provincial Greenbelt Plan\Document and Reports\Greenbelt Plan DSC Nov.23.doc
______________________________ _________________________________
Valerie
Shuttleworth, M.C.I.P., R.P.P Jim
Baird, M.C.I.P., R.P.P.
Director
of Planning and Urban Design Commissioner of Development
Services
