Report to: Development Services Committee Report Date: October 20, 2008

SUBJECT: Rouge North Management Area/ Greenbelt OPA 140 Settlement

PREPARED BY: Catherine M. Conrad, Ext. 4737

RECOMMENDATION:

That the report entitled “Rouge North Management Area/Greenbelt OPA No. 140 Settlement” be received;

That the modifications to OPA No. 140, as shown in Attachment A, be approved;

That the Town Solicitor be authorized and directed to execute Minutes of Settlement with the appellants to OPA No. 140, substantially in the form attached hereto as Attachment B and to request the Ontario Municipal Board to approve OPA 140 as modified;

That the foregoing resolutions be reported out in the public Council meeting on this date.

EXECUTIVE SUMMARY:

N/A

1. Purpose 2. Background 3. Discussion 4. Financial 5. Others (Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The purpose of this report is to advise Council of the status of negotiations with the appellants to OPA 140, to obtain Council approval of the proposed modifications to OPA No. 140 and to authorize the execution of Minutes of Settlement.

BACKGROUND:

On September 30, 2003, Council adopted Official Plan Amendment No. 116, establishing the vision, goals and objectives for the Rouge Park in Markham, incorporating boundary delineation criteria and establishing policies to secure Rouge valley lands and tablelands into public ownership. The Amendment was approved by the Region in April 2004 and appealed by the owners of 12 properties. The appeals were largely based on objections to the ecological criteria, and issues with acquisition and compensation.

The Greenbelt Act (2005) came into force on February 24, 2005 and the Greenbelt Plan followed on February 28, 2005. The Greenbelt Plan boundary includes lands affected by the policies in OPA No. 116. It contains policies intended to support the policies in OPA 116, and requires planning documents and approvals to conform to the Greenbelt Plan, but OPA 116 is exempt from the requirement for conformity because it was approved by the Region prior to February 28, 2005. Accordingly, to ensure stronger environmental policies, Council authorized the repeal of OPA 116 and replacement with a new OPA which would include the original Rouge North policy framework and include references to and work within the framework established by the Greenbelt policies and boundary. Accordingly, on October 25, 2005, OPA No. 140 was adopted, approved by the Region of York on May 31, 2006 and subsequently appealed by the same and other landowners. At the same time, OPA No. 116 was repealed, subject to the approval of OPA 140.

Official Plan Amendment No. 140 implements the Rouge North Management Plan which was endorsed by Council in 2001. The policies and approach used in OPA No. 140 replace and expand upon the current Official Plan policies of 10 metre vegetated buffers for lands outside of the current settlement boundary which are considered to be insufficient to protect the fragile watercourses of the Rouge watershed from the impacts of urbanization. It is intended that, over time, the Rouge North policies will increase the amount of publicly–owned land along the Rouge River and its tributaries which will be protected and enhanced in accordance with the vision, goal and objectives for the Rouge Park. Official Plan Amendment No. 140 is supported by the TRCA, Rouge Park Alliance and Markham stakeholders and was the basis used by the Province in the delineation of the Greenbelt corridor throughout Markham. The policies have been recognized through awards presented in 2004 by the Federation of Ontario Naturalists and Federation of Canadian Municipalities.

OPTIONS/ DISCUSSION:

In January, 2007 Council approved the Terms of Reference for the Environmental Policy Review and Consolidation, which included the preparation of Greenbelt conformity policies and the delineation of the Rouge Park boundary, among other deliverables. The appellants supported the application of the ecological criteria through the Town’s study process and agreed to defer proceeding with their appeals at the OMB until the Rouge Park mapping process was completed. The result was the establishment of a Preliminary Rouge Park boundary, based on application of the ecological criteria identified in OPA No. 140. In addition, the Town engaged the appellants and the TRCA in a ‘ground truthing’ process for their properties under appeal to verify the boundary at a much better level of detail and the appellants have indicated that they are satisfied with the boundary as drawn. The appellants properties, with the boundary overlaid, are attached to the Minutes of Settlement (Attachment B).

The text and schedules of OPA 140 have been modified to reflect the establishment of this preliminary boundary and to effect other changes negotiated with the appellants, the TRCA and the Rouge Alliance. The policy modifications are generally minor wording and technical modifications necessary to reflect the Rouge Park boundary as shown on the schedule to the OPA and update the policies where they have become dated. The Rouge Alliance, TRCA and the appellants have indicated that they are content with the mapping and the text of OPA 140, as modified. Minutes of Settlement are being finalized.

The proposed draft Rouge North Management Area/Greenbelt Official Plan Amendment is the product of a long and extensive program of public consultation, stakeholder input and integration of Provincial policy. The draft document has been made available to all appellants and parties to the hearing. We recommend that Council proceed with adoption of the modifications to OPA No. 140 and direct the Town Solicitor to settle the Ontario Municipal Board hearing.

FINANCIAL TEMPLATE

There are no financial implications.

ALIGNMENT WITH STRATEGIC PRIORITIES:

Adoption of the modifications to OPA No. 140 is consistent with the Growth and Environment areas of strategic focus and is an important step in establishing environmental objectives in advance of planning for growth

DEPARTMENTS CONSULTED AND AFFECTED:

N/A

RECOMMENDED

BY: ________________________ ________________________

Catherine M. Conrad, John Livey, Chief

Town Solicitor Administrative Officer

________________________ ________________________

Jim Baird, Commissioner Valerie Shuttleworth,

of Development Services Director of Planning and Urban Design

ATTACHMENTS:

Attachment A - Official Plan Amendment 140, with proposed modifications

Attachment B - Draft Minutes of Settlement