Report to: Development Services Committee                                             Date: March 2, 2010

 

 

SUBJECT:                          Information Report:  Growing the Greenbelt

 

PREPARED BY:               Lilli Duoba, Senior Project Coordinator

                                            Environmental Planning & Rouge Park

 

 

RECOMMENDATION:

1)      That the staff report entitled “Information Report: Growing the Greenbelt”, dated March 2, 2010, be received;

2)      And that the report be forwarded to the Minister of Municipal Affairs and Housing            and the Region of York for information;

 

3)      And that Staff be authorized and directed to do all things necessary to give effect to          this resolution.

 

EXECUTIVE SUMMARY:

The Provincial Greenbelt Plan, created under the Greenbelt Act, provides permanent protection for natural heritage and agricultural lands in southern Ontario.  Markham Council, in considering the recent Environmental Policy Review and Agricultural Assessment Study (background studies to the Town’s Official Plan Review), has requested staff comment on the possibility of expanding the Greenbelt lands in Markham.  

 

Any Town initiated process seeking to expand the Greenbelt in Markham would be a significant public policy initiative and one that would face strong viewpoints from the public, landowners and the media.   Potential Greenbelt expansion lands could include the Greenway System lands in the rural area, Greenway System lands in the urban area and/or agricultural lands in the rural area.  All expansion options in Markham would include privately owned lands.

 

A Greenbelt expansion process would require that the Town undertake a study to determine an appropriate boundary and provide the rationale and justification to ensure the proposed boundary meets the Provincial criteria.  A public consultation program would be required.   A Greenbelt expansion process would need to consider and balance the constraints and opportunities that the legislation provides, and all other municipal and Provincial priorities related to growth management and municipal finances.       

 

It is the opinion of staff, in consultation with the Province and the Region, that a decision on the Town’s preferred growth alternative needs to be made in order to inform any Greenbelt expansion process.  The Town’s Community Sustainability Plan will also address agriculture and local food production and this study should also be completed to provide corporate direction on these issues.  At this point, it would appear to be premature to initiate a review of the Greenbelt expansion in Markham.   However, if Council wishes to further consider such a course of action, this report identifies the next steps in moving forward.  This would which require that Council identify lands for further Greenbelt expansion study, direct staff to bring forward a report including a budget, staffing requirements and consultation program, and request Provincial and Regional staff participation in the Town’s process.      

 

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (HR, Strategic, Affected Units)                                   6. Attachment(s)

PURPOSE:

On December 1, 2009, Council directed that staff undertake pre-consultations with the Region of York and Ministry of Municipal Affairs and Housing to discuss municipal opportunities to grow the Greenbelt in Markham.  This report reflects the discussions undertaken with the Ministry and Region with respect to the process that would apply to the review and consideration of a proposal to expand the Greenbelt.      

 

BACKGROUND:

The Greenbelt Act, enacted by the Province in 2004 and followed by the release of the Greenbelt Plan in early 2005, identifies 1.8 million acres of environmentally sensitive and agricultural lands in the Greater Golden Horseshoe for protection from urbanization.  Within the Region of York, the Greenbelt Plan and Oak Ridges Moraine Plan comprise 69% of the Regional municipality.  The Province will be undertaking a mandatory review of the Greenbelt Plan in 2015.

 

In Markham, the Greenbelt Plan extends along the Major tributaries of the Rouge River north of Major Mackenzie Drive and also includes the Transport Canada lands and Rouge Park lands in eastern Markham.  The Oak Ridges Moraine lands in Markham are also included in the Greenbelt.  The Greenbelt in Markham encompasses 5,191 hectares (approximately 25% of the Town).  When combined with the Town’s proposed Greenway System, 35% of the Town is identified for permanent natural heritage and agricultural protection.  The “Whitebelt” lands in Markham (i.e. lands outside the current urban boundary and not subject to the Greenbelt Plan nor the Town’s proposed Greenway System) comprise approximately 13% of the Town.  Much of the Whitebelt lands are currently used for farming, but a portion of the Whitebelt lands may be required for urbanization to meet Provincial and Regional growth requirements.

 

The framework and draft Greenbelt conformity policies have been prepared as part of the Environmental Policy Review and Consolidation Study, which was endorsed by Council in June 2009.  The detailed implementation of the Town’s Greenway System, which includes the Greenbelt policies, will be done through the Official Plan Review as informed by Growth Management Strategy, currently underway. The Greenbelt Plan area boundary identified as part of the Town’s Greenway System is shown on ‘Figure 1’, attached.  

 

Council Direction and Context

As directed by Council, in December 2009 Town staff met with representatives of the Ministry of Municipal Affairs and Housing and the Region of York to discuss requirements and issues related to possible expansion of the Greenbelt in Markham. 

 

OPTIONS/ DISCUSSION:

Growing the Greenbelt Principles and Criteria

The Province released the final ‘Growing the Greenbelt’ criteria in August 2008.  The document was prepared to assist municipalities who have an interest in exploring local opportunities to grow the Greenbelt.  To date, there have been no formal requests made by single tier or upper tier Regional municipalities as required by the Growing the Greenbelt initiative, to grow the Greenbelt. 

 

The criteria and the process to consider requests to grow the Greenbelt are based on the following principles established by the Province:

  • Reductions or deletions of lands in the Greenbelt will not be considered
  • Land in the Greenbelt will not be swapped or traded for land outside the Greenbelt
  • Current Greenbelt policies will continue to apply
  • Mandated 10 year review will not be replaced (2015)
  • The ability of the Minister to propose other amendments is not affected
  • The Greenbelt Amendment process is not changed.

 

The Ministry has identified six criteria outlined below, which must be met, to the Minister’s satisfaction before a request will be considered (see Appendix ‘A’).  The following requirements would apply to any request initiated by Markham:

 

1.   Municipal Request.    The formal request to ‘Grow the Greenbelt’ must be from the Region of York supported by a Markham Council resolution. 

2.   Additions to the Greenbelt.  The Town must demonstrate a clear functional relationship of the proposed expansion lands to the existing Greenbelt area and how the Greenbelt policies will apply.

3.   Embraces the Greenbelt Purpose.  The Town must show how the proposed expansion lands meet the Greenbelt vision and one or more Greenbelt goals. 

4.   Connections to Greenbelt Systems.  The Town must demonstrate a functional relationship of the Greenbelt expansion lands to the Natural Heritage, Agricultural and/or Water Resource system based on the same Provincial scale that was used for the Protected Countryside approach of the Greenbelt Plan.

5.   Complements the Growth Plan for the Greater Golden Horseshoe.  The proposed area for Greenbelt expansion cannot impede the implementation of the Growth Plan.

6.   Timing and Relationship to Other Provincial Initiatives.  The Town must demonstrate that the proposed Greenbelt expansion complements and supports all other Provincial initiatives.  

 

Technical Review and Public Consultation Required in advance of any Formal Request to Region

The Greenbelt expansion criteria require that a request to grow the Greenbelt come from a regional or upper-tier municipality and be supported by a local Council resolution.  In this regard, the Region of York is the authority empowered to make the request of the Province.   In order to make the request to the Province, the Region must be satisfied that all six criteria have been met and that the additional lands being proposed for Greenbelt designation are justified and supportable within the Regional context.

 

This would require the Regional staff to work with the Town throughout the review and consultation processes to ensure that the Region’s requirements are met.  Once the Town has completed the review and consultation process and prepared the necessary supporting documentation addressing all the Provincial criteria, Markham Council would pass a resolution requesting the Region to pursue a Greenbelt expansion with the Province.    

What Lands Could Be Considered?

Lands that might be considered in Markham for inclusion in a Greenbelt expansion can be categorized into three specific geographic areas each involves different study and justification requirements: 

A.     Rural Greenway Lands outside of the current Greenbelt boundary, outside of the current settlement boundary

B.     Urban Greenway Lands inside the current settlement boundary

C.     Agricultural Lands not required for Growth outside of the current Greenbelt boundary, as determined through the Town’s endorsed Growth Management Strategy and approved Official Plan

 

Town’s Proposed Greenway System

In November 2009, Council endorsed a proposed Greenway System for the Town.  The Greenway System identifies lands that should not be available for development.  The identified Greenway System includes all the lands in Markham identified in the Provincial Greenbelt Plan, the Oak Ridges Moraine and existing natural heritage lands and associated enhancement and buffer lands.

 

Table 1 breaks down the composition of the Town’s Greenway System by area.  Table 2 identifies the number of properties which would be affected by a potential Greenbelt expansion as noted in the specific geographic areas noted above.  Table 1 and 2 are located on Appendix ‘B’.    

 

 Considerations for Option ‘A’ – Rural Greenway Lands (Figure 2).

Within the Town’s rural area, the proposed Greenway System accounts for approximately 5,748 hectares of which approximately 5191 hectares are already subject to the Greenbelt Plan.  There are approximately 403 properties wholly or partially inside the proposed Greenway System. 

 

The lands comprising the rural portion of the Greenway System outside of the Greenbelt are predominately in private ownership.  Should Council pursue “Growing the Greenbelt”, the Province will be looking for a public consultation program that ensures all landowners are provided with an opportunity for input.  It is likely that many landowners will not view a Greenbelt expansion proposal on their lands in a positive manner and the Town will need to demonstrate that the protection policies inherent in the Greenbelt Plan are warranted and justifiable in the context of the Town’s proposed Greenway System policies.  The addition of these Greenbelt requirements and the policy regime of the Greenbelt Plan would need to be shown to be preferable to more familiar Town policy controls, through the Official Plan and Zoning By-laws.

 

The rural Greenway lands generally meet the Provincial criteria for connectivity to the existing Greenbelt.  However, there is some question as to whether these lands can be substantiated under the criteria requiring a ‘Provincial scale’ system, and requires further technical review.  Further review is also necessary to determine if current uses on these lands would preclude consideration for Greenbelt purposes (ie. golf courses, etc.).

 

Considerations for Option ‘B’ – Urban Greenway System (Figure 3 and 4)  

The Urban Greenway System is approximately 1,725 hectares and includes both public and private lands.  The private lands are scattered throughout the system with a significant amount in the Thornhill community, golf courses and older urban areas of Markham.   There are approximately 3,445 properties wholly or partially inside the urban Greenway System.   Figure ‘4’ identifies the private land ownership in the Greenway System of the urban area. 

 

The Greenbelt Plan is not intended to address urban conditions and applying the Greenbelt Plan policies into an urban context will present challenges.  However, Provincial staff indicated that they would not preclude consideration of an expansion proposal in the urban area.  The challenge of the Greenbelt Plan in the urban area is the application of the performance standards and buffers is likely not implementable given the already defined edges of the features adjacent to development lands and the lack of undeveloped lands to accommodate additional buffering.  In addition, there are uses already located on some of these lands that would not be consistent with the policies in the Greenbelt Plan, including active parkland and municipal infrastructure such as stormwater management facilities. Finally, the need for a Greenbelt designation on these lands may not be justified given their current protected status both by existing policy, and in many cases public ownership.

 

Considerations for Option C – Agricultural Lands not Required for Growth as per the staff Preferred Growth Management Option (Figure 5).

The staff preferred growth alternative identifies approximately 900 hectares or 4% of the total area of the Town for proposed new community lands to 2031.  The total whitebelt lands comprise approximately 2,676 hectares (13% of the Town) which leaves  approximately 1,776 hectares (9% of the Town) remaining as agricultural lands outside the Greenway System, not required to accommodate growth in the 2031 planning horizon.

 

Should Council wish to pursue the expansion of the Greenbelt onto whitebelt, it will be necessary to develop a rationale for such an expansion.  This may require a detailed inventory of existing uses and farm sizes to determine which lands would meet the agricultural only use permission of the Protected Countryside designation of the Greenbelt Plan.  Consideration would also need to be given to existing day camps, golf courses, small scale commercial and industrial uses, places or worship, cemeteries and other existing non-agricultural uses in the rural area.    The Town also has existing rural residential uses, predominantly along 19th Avenue, Major Mackenzie and Elgin Mills that will need to be evaluated against the Greenbelt Plan policies.

 

The Province has identified that they will not consider any changes to the policies contained within the Greenbelt Plan.  Any potential landowner expansions would be subject to the restrictive policy regime of the Greenbelt Plan.  Within the agricultural area, a Greenbelt expansion would reduce the Town’s flexibility to allow any use other than the agriculture related uses and land severances would generally not be permitted.   Although uses such as large recreational facilities, cemeteries, places of worship as well as land severances are not permitted as-a-right within the Agricultural designation of the Town’s Official Plan, Council maintains the decision making authority to permit these uses if justification is provided and determined to be appropriate, through amendments to the Official Plan.   This Council decision-making authority would be removed under the Greenbelt Plan.    

 

The Town’s agricultural area including components of the Greenway System lands includes approximately 567 properties.  A public consultation program will also need to be developed to address and respond to potential concerns raised by landowners and other stakeholders.

 

Public Consultation

The Province requires that the municipalities wishing to grow the Greenbelt undertake a consultation program with landowners, agencies, public and aboriginal communities.   In terms of consultation with the aboriginal communities, the Province has suggested that consultation programs similar in scale to the consultations undertaken for the Regional Official Plan be used, which includes consultation with the First Nation and Metis communities.

 

The Town should also plan for enhanced consultations and communications with landowners, since all Greenbelt expansion options provided for review would include private lands.  The Province requires that all affected stakeholders be consulted and all property owners be notified.  Depending on the Greenbelt expansion option considered for study, there could be as few as 267 affected property owners, or as many as 5,482 affected property owners. 

 

Should Council wish to proceed with this process, staff will report back on an appropriate consultation process and budget (based on the option pursued). 

 


      

Work Plan Framework for a Potential Greenbelt Expansion

Council direction to pursue an expansion of the Greenbelt would have significant resource implications, including:

·        Determine appropriate land option (Rural Greenway, Urban Greenway, Agriculture or combination) for study and consultation (Council Direction)

·        Prepare budget to address technical consulting services to prepare justification report, rationalization and mapping, landowner facilitation and consultation program, aboriginal consultation program, notifications and communications budget and staff resource requirements  

·        Undertake study process including consultation program   

·        Identify technical advisory group comprising regional, TRCA and provincial staff and Consultation Committee with Members of Council.

 

It is estimated that the overall review and consultation could become a multi-year process and would require potentially significant funding for technical review, facilitation, consultation and related matters.

 

Staffing Resources needed to support Greenbelt expansion process

‘Growing the Greenbelt’ represents a major policy planning process and would be an issue of significant community interest.  In addition to consulting services to support the justification and rationalization documentation and public consultation program, Town staff resources will need to be identified (hired or seconded) to support and manage the process and project deliverables.

 

CONCLUSION:

The option of requesting expansion of the Greenbelt would be a significant public policy initiative, that would require additional financial and staff resources as well as direct Council participation in extensive community consultations.  There is intense public interest in how best to protect agricultural lands and how to accommodate new growth and urbanization in Markham.

 

The following broad considerations should be examined in advance of considering any Greenbelt expansion program:

·        Council must determine if additional Provincial control is warranted.  Do the benefits of the Provincial Greenbelt Plan outweigh the controls that the Town has at its disposal to protect natural heritage and agricultural lands including the Provincial Policy Statement, Official Plan policies, TRCA regulations, zoning, conservation easements, public ownership and other municipal by-laws?  

·        Council must consider if giving up their decision-making authority to approve planning policy and changes in land use is in the public interest.  Under the Provincial Greenbelt Plan, Council would no longer have the ability to approve amendments and/or rezonings for changes in land uses (places of worship, cemeteries, day camps, recreational facilities and other non agricultural uses which tend to locate in rural areas) or even minor boundary changes.

·        Council must consider how best to manage extreme positive and negative reactions from environmental groups, landowners, ratepayers and the media.  This initiative would generate significant public interest, and require considerable facilitation and consultation. 

·        Given the five year time frame for the mandated 2015 Provincial Greenbelt review, Council should consider the timing of a Town Greenbelt expansion review relative to completion of the Town’s Growth Management Study, Sustainability Plan and new Official Plan.    

 

It is the opinion of staff, in consultation with the Province and the Region, that a decision on the Town’s preferred growth alternative first needs to be made by Council in order to inform any Greenbelt expansion process.  The Region will not be in a position to evaluate a request to expand the Greenbelt until it is able to confirm that the Town’s preferred growth alternative conforms with Regional Official Plan and Provincial Policy, and establishes a justifiable framework to accommodate forecast growth to 2031.

 

In the absence of an approved Growth Management Strategy and new Town Official Plan framework it is felt to be premature to initiate a review of Greenbelt expansion in Markham.    

 

However, should Council wish to pursue this process the following actions are necessary:

1.   Identify which lands in the Town (Options A, B or C identified in this report, or other alternative) should be identified for further study.

2.   Direct staff to bring back a further report identifying study budget, Terms of Reference for consulting services, public and aboriginal consultation process and budget, communications process and staff resource requirements

3.   Advise the Province and Region of the Town’s Greenbelt expansion intentions and request their participation in the public review process.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE:

This report is not recommending a Greenbelt expansion request be supported at this time.  However, should Council wish to pursue this matter, financial resources will need to be approved to support the study and consultation process.  

HUMAN RESOURCES CONSIDERATIONS

This report is not recommending a Greenbelt expansion request be supported at this time.  However, should Council wish to pursue this matter, staffing financial resources will need to be identified to support the study and consultation process.  

ALIGNMENT WITH STRATEGIC PRIORITIES:

Strategic considerations relate to the Environment and Growth Management.   

 

BUSINESS UNITS CONSULTED AND AFFECTED:

This report has been reviewed by the Legal Department.  

 

RECOMMENDED  BY:

 

 

 

 

_______________________________                ________________________________

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

 

 

ATTACHMENTS:

 

Figure ‘1’         Greenway and Greenbelt Boundaries in Markham

Figure ‘2’         Rural Greenway Lands

Figure ‘3’         Urban Greenway Lands

Figure ‘4’         Urban Greenway Lands – Private Ownership

Figure ‘5’         Agricultural Lands not required for growth as determined through the                             Town’s endorsed Growth Management Strategy.

 

Appendix ‘A’   Provincial Growing the Greenbelt Criteria

Appendix ‘B’   Data Tables

 

Filepath:           Q:\Development\Planning\MISC\MI501 Provincial Greenbelt                                        Plan\Growing the Greenbelt\DSC Information Report February 2010.doc