Markham backs Richmond Hill in OMB parkland fight

'It's not just a Richmond Hill issue'

Yorkregion.com
March 26, 2015
By Kim Zarzour

The Town of Richmond Hill has picked up three heavy-hitters in its fight against the Ontario Municipal Board for more parkland.

The City of Markham is the latest to pledge its support, following Mississauga and Oakville, in a struggle for local control over greenspace.

All four municipalities are expressing their concern over a precedent-setting decision by the OMB that would limit their ability to pay for parks as their communities grow.

Richmond Hill has been waging this costly battle for about three years and after a lengthy hearing between the town and several developer appellants to the town’s new Official Plan, the OMB came out with its decision Jan. 15.

In an attempt to preserve greenspace and provide parks for denser development as mandated by the province, the town had proposed a parkland dedication policy that would require developers to set aside park space, or cash-in-lieu for parks, at a rate of one hectare per 300 residential units.

But OMB vice-chairperson Jan De Pencier Seaborn ruled that must be capped at 25 percent of the developable area of the site or the cash-in-lieu equivalent.

Planning commissioner Ana Bassios said the cap means the town won’t be able to meet its parkland needs through planning act dedications and may need to turn to other sources, such as the residential tax base, to provide outdoor space for a growing population.

The town is asking the OMB to review its decision and also plans to appeal it in the divisional court, arguing that the OMB did not have jurisdiction to impose the cap, Bassios said.

Mayor Dave Barrow appealed to other GTA municipalities to help fight the OMB decision, saying it will severely impact other municipalities’ ability to provide the parkland their communities need.

“I urge you to join our fight for the right to determine our own futures and what is right for our communities,” he said in a letter.

Mississauga and Oakville heard that call and formally indicated their intention to support the town by applying for intervener status at the appeal.

At Tuesday’s development services committee, Markham councillors agreed to lend their support, too.

Mayor Frank Scarpitti stressed the need for his city to take a stand with Richmond Hill.

It’s an important issue for Markham, he said.

“The OMB really, truly has overstepped its bounds”.

Scarpitti said Markham has been trying to work with the building industry, but the OMB decision could impact the city to the tune of $100 million in lost parkland over the next 20 years.

“I start to get concerned when these provincial bodies that were set up for one purpose seem to take on - on their own - more authority and don’t get told by the province of Ontario or by the ministry responsible, that they’ve overstepped their bounds.”

A report presented to Markham councillors Tuesday said city staff support the principle of a unit/population-based approach to calculating parkland requirements, rather than the cap introduced by the OMB in the Richmond Hill decision.

If the decision is not overturned, there is potential the OMB could impose a similar cap on Markham, it said, leading to a decrease in park acquisition in new high-density areas.

Richmond Hill’s battle for parkland has been closely watched by municipalities across the province.

“We are really glad other municipalities have stood with us as a visible statement,” Bassios said. “Now we have support from majority municipalities in three different regions in the GTA, showing it’s not just a Richmond Hill issue, but one that every municipality cares about.”