
Report to: Development Services Committee Date: June
15, 2010
SUBJECT: Options
Report: Agricultural Land Protection and
Possible Options for Growing the Greenbelt
PREPARED BY: Lilli
Duoba, Senior Project Coordinator
Environmental Planning & Rouge Park
RECOMMENDATION:
1) That the staff report entitled “Options Report: Agricultural Land Protection and Possible Options for Growing the Greenbelt”,
dated June 15, 2010, be received;
2) And that Council resolve
not to proceed with a Growing the Greenbelt process at this time;
3) And that staff
bring forward an update “Growing the Greenbelt” report upon completion of the
new Official Plan, to further review possible options for Greenbelt expansion
in the context of the Town’s updated agricultural and Greenway System policies in
preparation for the mandatory Provincial Greenbelt review scheduled for 2015;
4) And that the report be forwarded to
the Minister of Municipal Affairs and Housing and
the Region of York for information;
5) 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 has
endorsed the Town’s preferred growth alternative to 2031 and requested staff to
comment on options for long-term protection of agricultural lands, including the
option of expanding the Greenbelt on Class 1 agricultural lands not required
for growth to 2031 and the potential for a 40 year agricultural land freeze
(Appendix ‘B’).
The Town has statutory obligations under the Planning Act
and Provincial Policy Statement to protect agricultural lands. Enhancing agricultural viability through
voluntary programs and initiatives are options that a municipality can support. Markham Council has already demonstrated its
support through endorsation of a balanced growth alternative (emphasizing
intensification and limiting urban expansion) and the Agricultural Assessment
Study recommendations. The traditional
regulatory and statutory authority and tools available to the Town for the
protection of agricultural lands include the Official Plan, municipal zoning
by-laws and easements. In addition,
specific to Markham and intended for a different purpose, the Minister’s Zoning
Order (airport) prohibits non-agricultural lands uses and strictly regulates
land use changes. With the new Planning
Act (2005) and the enhanced municipal powers under this legislation, the Town
has the necessary authority to manage land uses.
The Provincial Growing the Greenbelt process permits
interested municipalities to undertake a formal technical review and
consultation process to recommend to the Region and Minister of Municipal
Affairs and Housing any proposal for an increase in the Greenbelt area. A potential Greenbelt expansion could include
lands not already identified as Greenbelt contained within the Town’s proposed
Greenway System either in the rural area, urban area or both, and/or
agricultural lands not required for growth, as endorsed by Council through the preferred
growth alternative to 2031. This process
would commence with direction by Council that staff to bring back Terms of
Reference for a technical justification report, a consultation process, including
a suggested Council Steering Committee, and staff and budgetary requirements to
define the Greenbelt expansion study area.
This report does not recommend that the Town commence a
Greenbelt expansion process at this time.
The Town should direct its resources and efforts toward the preparation
of a new Official Plan as mandated through legislation. The new Official Plan process will confirm
the boundaries of the Urban Service Area and Greenway System,
introduce protective policies for the Town’s natural heritage resources, the
existing Greenbelt and Greenway System and recommend updated and more supportive
agricultural policies. Upon completion
of the Official Plan process, the Town can assess any additional requirements
not achieved through the Official Plan process at that time, and commence a
Greenbelt expansion process, if warranted, in advance of the Provincial 2015
Greenbelt Plan review.
In response to the specific recommendations of Council to
review an agricultural freeze for a long period (40 years), staff have
confirmed through an independent legal opinion (Appendix ‘A’) that the Town
does not have regulatory or statutory authority to enable the protection of
agricultural land for a 40 year planning period. Under Provincial policy, municipal Official
Plans are to be based on a 20 year time horizon. Staff can also confirm that protection of Class 1
agricultural lands does not in itself provide sufficient justification for a
Greenbelt expansion. The Greenbelt Plan
recognizes ‘specialty crop’, ‘prime’ and ‘rural’ lands and any Greenbelt
expansion process should encompass a review of all agricultural lands
consistent with the Provincial Policy Statement.
Should Council choose to proceed with a Greenbelt expansion
process at this time, this report identifies considerations for each of the
potential study area options and offers suggested resolutions for the consideration
of Council.
On May 11,
2010 Council directed that staff report on options for long-term agricultural
protection including expanding the Greenbelt on Class 1 Agricultural lands, not
required for growth to 2031, as endorsed by Council, and options for the protection
for 40 years of agricultural land outside of the Greenbelt Plan, north and east
of the endorsed 2031 settlement area (see Appendix ‘B’- Council Resolution).
On March 2,
2010 Development Services Committee received an information report on Growing
the Greenbelt and deferred consideration to the Town’s Growth Management
Strategy. This report provides background information on
the process and possible options to “Grow the Greenbelt”. The March report is attached as Appendix ‘C’.
The March 2, 2010 report identifies
three actions required by Council in order to proceed with a Greenbelt
expansion program. These include:
- Approved Growth Management Strategy is needed to
demonstrate to the Province that the Growth Plan is being
implemented. (On May 11, 2010
Council endorsed the recommendation of the Development Services Committee
regarding a preferred growth alternative to 2031. This requirement is satisfied.)
- Identify which lands are to be considered for
inclusion in the Greenbelt the Town wishes to pursue for further study and
justification.
- Direct staff to bring back a report requiring a study
Terms of Reference, public consultation framework, and budget and staff
resources needed to commence the consideration of a chosen Greenbelt
expansion option.
The Province has identified specific
criteria for how requests to the Grow the Greenbelt are to be considered and
communicated to the Province. These are:
1. Municipal Request. The formal request to ‘Grow the Greenbelt’
must be from the Region of York supported by a Markham Council resolution. The
Town of Markham cannot direct a request to the Province.
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.
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 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 could
pass a resolution requesting the Region to forward a Greenbelt expansion
request to the Province.
Expansion of the Greenbelt is a
completely voluntary process and not mandated by Provincial legislation. It is an opportunity that the Province has
provided to interested municipalities. This
is a non-statutory process, without appeal.
There will be a significant public interest in any Greenbelt expansion
proposals. Staff
recommend therefore, that a Steering Committee including Members of
Council would be required to be established to work with staff to oversee and
support the public consultation program.
Growing the Greenbelt Would be a Significant Public Policy Process
Growing the Greenbelt is a process
which would ultimately designate lands in an agricultural and/or natural
heritage designation providing permanency under the Provincial authority of the
Greenbelt Act and Plan. Throughout the Town’s
consultations on growth management, Greenbelt expansion was the single issue
that generated the most discussion and debate.
A Greenbelt expansion process would generate much interest from the public
and private landowners affected by a proposed expansion, and staff
expect continued strong support and opposition to such a proposal. A Growing the Greenbelt process would require
a detailed technical evaluation and significant public consultation with
affected stakeholders. Council also needs to consider the limitations
on Town decision making authority regarding local land use priorities and
circumstances that would result from placing additional lands in Markham under
Provincial Greenbelt Plan control.
Several landowners and groups
involved in the Town’s growth management consultations identified a recent
Frazier Institute report as a useful input into considerations to Grow the Greenbelt in Markham. ‘The British Columbia Land Reserve: A
Critical Assessment’ documents the history of the agricultural land reserve in
British Columbia established in 1973. This
report concludes that the “Agricultural Land Reserve failed to achieve some of
its fundamental goals, but the government’s excessive interference in the
agricultural sector has also imposed significant costs, including the highest
home prices in Canada”. The executive summary to this study is
attached as Appendix ‘D’. The Town has
also received submissions in support of nurturing agricultural activity in
Markham, with suggestions for supporting this activity, without Greenbelt
expansion including the submission from the Academic Alliance (attached as
Appendix ‘D’.)
AGRICULTURAL PROTECTION AND
GREENBELT EXPANSION OPTIONS FOR CONSIDERATION
The resolution of Council from May
11, 2010 directs staff to review and report back on options to protect
agricultural lands. The staff report
from March 2, 2010 also provides discussion regarding an option for expansion
to the Greenbelt Plan boundary for natural heritage purposes. This section identifies all options (agricultural
greenbelt, natural heritage greenbelt and no greenbelt) to protect agricultural
lands discussed throughout the Growth Management Strategy process.
Option 1 reflects the resolution of
Council on May 11, 2010 for consideration of a possible option to “expand the
Greenbelt for permanent protection of the Class One Agricultural Lands for the
purpose of a foodbelt within the remaining whitebelt lands (after the approval
of the staff recommended 60% growth alternative)”.
Figure 3 identifies a potential
Greenbelt expansion area that reflects the non-urban area of Markham excluding
the preferred growth lands to 2031.
The Council resolution of May 11,
2010 directed review of a Greenbelt expansion to Class 1 agricultural
lands. Advancing a Greenbelt expansion exercise
based on Class 1 agricultural land characteristics is not sufficient
justification for a Greenbelt expansion.
The Province requires municipalities to undertake an agricultural
ranking process to classify all agricultural lands as ‘specialty crop’, ‘prime’
or ‘rural’. The classification process
uses the Canada Land Inventory (CLI) soil classification system as an input,
but it is not a sole indicator. Other
factors are also considered such as climate, fragmentation, land under
production, and conflicting land uses.
Figure 1 identifies the Class 1
agricultural lands in Markham. The
Region of York in consultation with the Province and local municipalities,
undertook a LEAR (Local Evaluation Area Review) agricultural ranking process to
identify lands that were ‘prime’ and ‘rural’.
In York, the Region generally used the LEAR scores of 6.01 – 10.00 as ‘prime’. Markham is almost entirely prime
(a very small parcel in the northwest corner of the Town is ‘rural’). Figure 2 identifies the Regional LEAR
results. The Town cannot make a case for
the inclusion of agricultural lands simply because of the current CLI rating
without regard for other considerations.
A review of an expansion to the Greenbelt in Markham for agricultural
lands should include and assess all agricultural lands in a comprehensive
manner. The Region’s LEAR evaluation is
available to support such a review.
Members of Council have also
suggested the purpose of the Greenbelt expansion is for a ‘foodbelt’. The Provincial Policy Statement and the
Greenbelt Plan do not provide the opportunity to isolate types of agricultural
practices for protection purposes under provincial policy. The Province takes a broad view of agriculture
which includes crops, nursery and horticultural crops, livestock, raising
animals for fur, food or fibre, poultry and fish, aquaculture, apiaries, agro
forestry, maple syrup and associated uses.
The farming community has also noted through consultations that agricultural references to ‘food’ is too narrow to capture
all the farming activities within Markham and the Region. Should the Town wish to proceed with an
expansion to the Greenbelt in the agricultural area, staff
suggest that it not be referred to a ‘foodbelt’ but rather a reference
consistent with the Greenbelt Plan such as ‘Agricultural Area’.
Expanding the Greenbelt would require
a planning process including a comprehensive public participation program and
consulting services to prepare the technical justification and support for the
proposed expansion boundary. The
following considerations would need to addressed
throughout the process:
Option 2 identifies an approach that
would potentially expand the Greenbelt on to natural heritage lands identified
through the Town’s proposed Greenway System.
All the process considerations identified in the discussion of Option 1
also apply. The review requirements and
justification would focus on the natural heritage boundary. The Agricultural lands would be protected
using the Town’s regulatory and statutory authority under the Provincial Policy
Statement, Growth Plan and Planning Act as discussed in Option 3. Option 2 is identified on Figure ‘5’.
A Greenbelt expansion focused on
natural heritage features could address three distinct geographic areas. These are (1) expanding the Greenbelt within
the proposed Greenway System for the rural area only (north of Major Mackenzie
Drive); (2) expanding the Greenbelt within the proposed Greenway System for the
proposed urban settlement area to 2031only; or (3) expanding the Greenbelt based
on the proposed Greenway System Town-wide (rural and urban).
There are different challenges
associated with a possible expansion of the Greenbelt within the urban area
which require detailed review. The Provincial
Greenbelt Plan policies are more prescriptive than the Town’s Official Plan
policies and this may have implications for public uses within these
lands. While a Greenbelt Plan designation
would recognize existing uses such as recreation facilities, expansion of these
facilities may be limited and new active recreational facilities may be
precluded. It is unlikely that the designation
of lands within the existing urban area would be able to meet the intent of the
vegetation protection zones given the pre-defined urban conditions, so the
application of the core policies may be unpractical and unachievable. The
inability of the Greenbelt Plan to respond to urban circumstances is a major constraint
of the Plan and one that the Province is likely to address in the 2015
review. Existing and expanding
infrastructure located on lands potentially subject to a Greenbelt expansion
also requires further review to address potential impacts of a Greenbelt
designation. A significant amount of
the Greenway System lands within the urban area are already in public ownership
and are protected within appropriate Official Plan designations. The value of having these lands subject to
the Greenbelt Plan is questionable.
There are also specific challenges
associated with the consideration of a Greenbelt expansion in the rural
area. The Town’s Greenway System was
developed using data sources which were compiled at a larger “desk-top” scale
and thus are not ground-truthed. The Town’s
proposed Greenway System Official Plan policies would support minor boundary
adjustments to the Greenway System subject to further study and review
consistent with the Town’s Greenway objectives and delineation criteria and supported
by environmental agencies. This
provides assurances to landowners that boundary issues can be appropriately reviewed
through a comprehensive evaluation and study.
With a Greenbelt boundary, there would be no ability for the
municipality to adjust the boundary once approved by the Province, so there
will need to be a more detailed review and confirmation of the boundary to
ensure the proposed Greenbelt expansion is as accurate as possible, using
consistent criteria that would satisfy landowners relative to accuracy and
fairness. It would be cost prohibitive
to support a ground truthing exercise with all interested landowners, and
impossible in the case of landowners who choose not to participate.
Option 3 identifies an agricultural
protection option, without a Greenbelt expansion, using both traditional
regulatory means, the new Official Plan and more innovative, initiatives and
actions complementary to a municipal policy approach, such as the Greenprint
Community Sustainability Plan.
The Ontario planning system is
structured in a hierarchy of policies and regulations designed to provide local
municipalities with the authority to protect and manage land uses. In 2005, a new Planning Act was enacted and
Provincial Policy Statement released providing municipalities with stronger
tools to manage growth and promote sustainable development. One of the more significant new powers is the
control that municipalities are given to manage urban expansion though the comprehensive
review process.
The Regional and Town Official Plans
both contain a hierarchy of policies intended to ensure agricultural lands are
protected for agricultural land uses and that incompatible uses and non-farm severances
are not permitted. The combination of Planning
Act, Official Plan and zoning controls, the requirement to ‘be consistent’ with
the Provincial Policy Statement, as well as opportunities for agricultural and
conservation easements provides the Town with the regulatory and statutory
tools to restrict incompatible uses within the agricultural area and support
the long-term viability of agricultural land use operations. Council has the authority to exercise
available planning controls to protect and manage agricultural lands over the
long term.
The Town also has other mechanisms
outside of its regulatory authority to protect agricultural lands. A significant portion of the Town’s rural
area (see Figure 5) is located on lands subject to the Minister Zoning Order
(Airport). The MZO prohibits every use
of land, and every erection of a building or structure except agricultural uses
and buildings and single family dwelling associated with agricultural
operations. Any change in use in the MZO
lands requires a Provincial Amendment to the MZO. The Town is a commenting agency for
amendments to the MZO and this is done through a Council resolution. The MZO affects approximately 4308 hectares
of land including 1188 hectares of land within the ‘whitebelt’ area not
identified as part of the Town’s preferred growth option to 2031. Together with
the lands identified for future urban growth to 2031 over which the Town will
ensure control over development planning, the combined lands subject to the MZO
and future Town planning for urban purposes represent more than 80% of the ‘whitebelt’
lands in Markham.
Another mechanism involves creating
the support structures as recommended through the Agricultural Assessment Study
to assist the farming community with issues that affect agricultural
viability. These tools such as the
creation of the Agricultural Advisory Committee enhance goodwill and positive
relationships with the farming community and provide direct support to address
the issues that create challenges in the Markham farming community. A final mechanism is the Town’s Greenprint
Community Sustainability Plan. This plan
is expected to identify opportunities to address long-term agricultural
viability and support for local food production.
On May 11,
2010 Council requested staff to review options for agricultural land protection
for 40 years outside of the Greenbelt Plan on lands north and east of the
potential 2031 settlement area (see Appendix ‘B’). Staff have obtained a legal opinion
(Appendix ‘A’) which identifies that the Town does not have regulatory or
statutory authority to protect the use of land for agricultural purposes for
the specified 40 year planning period.
The Provincial Policy Statement provides municipalities with authority
to plan only for a 20 year planning horizon.
Recent confirmation of this policy position was provided when the Region
of Durham attempted to address land budget and forecasting projections beyond
the 2031 planning horizon. Durham was advised
by the Ministry of Municipal Affairs and Housing that municipal land use
planning beyond a 20 year time horizon will not be supported by the Province.
The Town will be reviewing
opportunities to enhance and strengthen the Town’s agricultural policies in the
new Official Plan, but it should be noted that the Town’s current agricultural
policies contain strong and specific language that has been successful in
keeping urban uses out of the rural area and supporting comprehensive planning
for urban and rural land uses on a Town-wide basis.
The combination of Official Plan
policies and agricultural directions through the Agricultural Assessment Study
position the Town well to both protect agricultural
land and support the farming industry in Markham.
STAFF RECOMMENDATION
As discussed, a Greenbelt expansion
process is completely voluntary and not mandated under Provincial legislation. Unlike the Greenbelt expansion proposal in
Toronto which is completely confined to publicly owned lands, a Greenbelt
expansion in Markham, in any of the geographic options, would include private
lands. As such, in formulating a staff
recommendation, staff
have relied on the following considerations:
For these reasons, staff
recommend that the Town not commence a Greenbelt expansion process at
this time. The new Official Plan
process will confirm the boundaries of the Urban Service Area and the Greenway System, introduce protective policies for the Town’s natural
heritage resources, existing Greenbelt and Greenway System and recommend
updated and more restrictive agricultural policies. Once this process is complete, Council can
determine if additional Greenbelt protection is warranted. This will also integrate well with the
provincial timing for the 2015 mandatory provincial review of the Greenbelt.
However, should Council wish to
proceed with a Growing the Greenbelt process, the following draft resolutions are
offered for Council consideration. First, a Greenbelt
Plan study area needs to determined through the selection
of one of the following:
Agricultural Greenbelt
i) That
Council authorize staff to proceed with a Growing the Greenbelt
Study
process for all the lands comprising the non-urban area outside of the 2031
Growth Management Strategy lands; or
Natural Heritage Rural Greenbelt
ii) That Council authorize staff to proceed
with a Growing the Greenbelt
Study
process for the lands proposed within the Town’s Greenway System within the
non-urban area; or
Natural
Heritage Urban Greenbelt
iii) That Council authorize staff to proceed
with a Growing the Greenbelt
Study
process for the lands proposed within the Town’s Greenway System within the
urban settlement area; or
Natural Heritage Town-wide Greenbelt
iv) That Council
authorize staff to proceed with a Growing the Greenbelt
Study
process for the lands proposed within the Town’s Greenway System compromising
the urban and non-urban area (Town-wide).
Second, a
further staff report would be required to confirm the scope and funding of the
study process through the following draft recommendation:
And
subject to confirmation of a Greenbelt Study Area option, that staff report back
with Terms of Reference for a Greenbelt Expansion study, a framework for a
consultation program in accordance with Provincial criteria, recommendations
for a Greenbelt Steering Committee of Council, budgetary and staffing
requirements to undertake the study process.
Public input received during the Town’s
Growth Management Strategy process revealed the significant range of public
opinion surrounding the issue of extending the Greenbelt in Markham. The Provincial Greenbelt Plan is a tool which
provides permanent protection, within the authority of the Greenbelt Act, for
agricultural and natural heritage land uses.
The flexibility that Council currently enjoys in planning for future
growth and managing site specific land uses changes including those relating to
agriculture would not be available under the Greenbelt Plan.
The Town has yet to fully explore the
opportunity of the recently endorsed Agricultural Assessment Strategy which
proposes not only the use of existing regulatory and statutory authority to
update and strengthen agricultural and natural heritage policies, but also
locally based initiatives aimed at supporting a strong viable agricultural
community in Markham. The goodwill,
trust and relationships developed throughout this process should be fostered
and supported as the Town moves forward to complete the Greenprint Community
Sustainability Plan and commence the new Official Plan.
Prior to any consideration of an
expansion process to the Greenbelt Plan, the Town should first complete the new
Official Plan which will include a new suite of Provincially and Regionally
compatible policies directed to the protection and management of agricultural
and natural heritage lands. While this
process is underway, the proposed Markham Agricultural Advisory Committee can
assist Council with identifying pertinent issues and proposals to support the
local farming community. The Markham Agricultural Advisory Committee
could also be used as a vehicle for further discussion on Greenbelt expansion
issues and options.
None at this time.
None at this time.
Strategic considerations
relate to the Environment and Growth Management.
This report
has been reviewed by the Legal Department.
RECOMMENDED BY:
_______________________________ ________________________________
T. J. Lambe,
M.C.I.P, R.P.P. Jim
Baird, M.C.I.P, R.P.P
Manager,
Research and Policy Planning Commissioner
of Development Services
Figure ‘1’ Canada Land Inventory York Region
Figure ‘2’ Regional LEAR results
Figure ‘3’ Option
1 - AGRICULTURAL GREENBELT
Figure ‘4’ Option
2 - NATURAL HERITAGE GREENBELT
Figure ‘5’ Option
3 - NON-GREENBELT AGRICULTURAL PROTECTION
Appendix ‘A’ Legal
Opinion
Appendix ‘B’ May 11,
2010 Council Resolution
Appendix ‘C’ March
2, 2010 Staff Report to Development Services Committee
Appendix ‘D’ Executive
Summaries for The British Columbia Land Reserve: A Critical Assessment’
(Frazier Institute) and ‘A Bright Agricultural Future for Ontario and
Canada: Ensuring Economic Viability of
Farming in Markham’s Whitebelt’ (Academic Alliance for Agriculture)
Filepath: Q:\Development\Planning\MISC\MI501 Provincial
Greenbelt Plan\Growing the Greenbelt\Greenbelt Options Report DSC June 2010.doc