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. 

 

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

 

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

PURPOSE:

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).   

 

BACKGROUND:
Previous Information Report on Greenbelt Expansion   

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:

  1. 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.)
  2. Identify which lands are to be considered for inclusion in the Greenbelt the Town wishes to pursue for further study and justification.   
  3. 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. 

 

OPTIONS/ DISCUSSION:

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:    AGRICULTURAL GREENBELT

                        Expanding the Greenbelt Plan Area on Lands outside the 2031 Planning Horizon (Growth Management Strategy) providing permanent protection for agricultural and natural heritage lands

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:    NATURAL HERITAGE GREENBELT

                        Expanding the Greenbelt on Natural Heritage Lands in the Rural and/ or Rural and Urban Area providing permanent protection for all lands identified in the Town’s proposed Greenway System. 

 

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:    NON-GREENBELT AGRICULTURAL PROTECTION 
Enhanced Agricultural Land Protection without Expansion of the Provincial Greenbelt Plan providing agricultural protection through traditional land use planning tools plus initiatives identified in the Agricultural Assessment Study.   

 

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.

CONCLUSION:

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.   

 

FINANCIAL CONSIDERATIONS AND TEMPLATE:

None at this time. 

HUMAN RESOURCES CONSIDERATIONS

None at this time.     

 

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:

 

 

 

 

_______________________________                ________________________________

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

 

 

ATTACHMENTS:

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