Showing posts with label expropriation. Show all posts
Showing posts with label expropriation. Show all posts

2012-01-26

NCC "Grand" "Massive" Greenbelt Expansion More Wish List Than To Do List

According to the Ottawa Citizen:

OTTAWA — The National Capital Commission brought forward a massive expansion Wednesday of the Greenbelt that will see the “emerald necklace” grow by 2,400 hectares in a bid to cement Ottawa’s reputation as one of the world’s greenest capitals.

(View Greenbelt expansion in a larger map)

The effort is part of a grand plan to protect the natural environment and ecosystem of the National Capital Region and connect the Greenbelt to features such as the Carp Hills, South March Highlands, Cumberland Forest and even across the Ottawa River to Gatineau Park.

Over 50 years, parcels of land — large and small — belonging to provincial and city governments, as well as private holders would be added to the Greenbelt through outright purchase or negotiations. By 2067, the Greenbelt would grow to about 24,000 hectares (23,875) from 21,875 hectares today. Overall, 57 per cent would be natural environment, up from 50 per cent today. Nearly 5,800 hectares would be set aside to promote sustainable agriculture, mostly small-scale operations of varied crops and livestock.
...

The biggest parcels of land the NCC hopes to add to the Greenbelt include privately owned land in Shirley’s Bay and provincially owned woodlands and natural areas near the Mer Bleue Bog. The NCC believes it can negotiate with provincial and city governments to make their land part of the Greenbelt while maintaining ownership. Other pieces of land would be part of a study to determine if they should be added to the Greenbelt. The trickier part for the NCC, which is hard-pressed for cash, is to find the money to buy private lands.
...

(NOTE: map in this article is the same map previously released on March 18, 2011 with the NCC Greenbelt Concept Plan documents - rww)
The old saying goes "if it sounds too good to be true ..." and unfortunately this sounds more like good intentions than a real plan. We have a 50 year time span over which much can change, including the NCC Board and leadership. We have no apparent budget but an admitted shortage of funding. And most importantly, some of the most environmentally sensitive lands, such as much of the South March Highlands, are in private hands and planned for development. Are they going to be put in limbo for potentially 50 years - not likely.

And talking about the South March Highlands and other similar lands, just what does "connect the Greenbelt to features such as the Carp Hills, South March Highlands, Cumberland Forest and even across the Ottawa River to Gatineau Park." mean. To me that implies that the Carp Hills and South March Highlands would be added to the Greenbelt and protected - why else connect to them. The Greenbelt is already "connected" to lots of subdivisions. The Ottawa Citizen article is annoyingly vague here and we can only assume the vague wording originated with the NCC. Unfortunately we could not find any official statement on the NCC web site last time we were able to access it (currently appears to be down).

We need more details. We need a timeline telling us when specific lands will be added to the Greenbelt. We need assurance that the NCC has the funding necessary and the willingness to expropriate private land if necessary. And we need to know that all the proposed additions will be protected from development until they are added to the Greenbelt.

Otherwise all we have is a pipe dream.

2011-12-07

Saving the South March Highlands: Looking to the Future

The first thing I want to say is that any discussion of saving the South March Highlands has to start by acknowledging that, indeed, some of it has been saved and placed in public ownership and that we might not even be discussing saving the rest of it if that was not so.

On November 10, 2000 the Regional Municipality of Ottawa-Carleton announced the purchase of 556 acres of the South March Highlands for $1.6 million at the urging of Kanata Regional Councillor Alex Munter who has stated “his biggest achievement would be putting South March Highland into public ownership to keep it protected.“ The source for these statements was Kanata History Net, which is no longer online, however the text of the November 10, 2000 announcement can be found at http://www.facebook.com/topic.php?uid=46087029890&topic=16257.

So the signs recognizing the South March Highlands Conservation Forest are no joke

Indeed a lot of people have put thousands of hours of volunteer work into building a sustainable trail system in the South March Highlands Conservation Forest and getting it recognized, which is what these signs represent. And more is to come in the spring with a comprehensive new map and signage system on the trails. For more background see
OMBA Forums - South March Highlands: Past, Present, and Future.

(click/double click on image to enlarge)

So how does the protected South March Highlands Conservation Forest relate to the South March Highlands as a whole. Simply put, it is part of one ecosystem. While the Conservation Forest may be able to "survive" on it's own retaining the trails and a forest of sorts, it's biological diversity is dependent on being part of a larger ecosystem. If we destroy the surrounding ecosystem it's diversity will undoubtedly be affected, the endangered and at risk species in the forest being most affected.

The question becomes where do we focus our resources in fighting to protect the broader ecosystem.

The focus so far has been on the KNL/Urbandale lands that are threatened with imminent development, which of course is a "nice" way of saying destruction. These lands were originally classified as Environmentally Protected and their development has been fought by the community and environmentalists every step of the way. But it is very difficult to fight an industry that is dealing with a city whose staff may have worked for this industry in the past or expect to work for it in the future, an industry with political connections that donates large sums of money to the politicians who decide on their proposals and an industry with it's own Kangaroo Court, the Ontario Municipal Board. Unfortunately much of this history is not known to the broader general public who have been told by the developer's well funded public relations campaign that they have done everything by the book and that their proposal has all the proper approvals.

Of course this is their version of history. The fact is that the approval process has been replete with all sorts of improprieties and misuse of power and outright ignoring and violation of laws and regulations. Even with all that, the approvals were conditional on the developer meeting multiple conditions that have not been met, and that the developer and the City seem to be prepared, indeed anxious, to simply ignore.

There have been some positive developments within the last few months including the designation of the Kizell Pond as a provincially significant wetland and the revelation that the developer's stormwater management plans are grossly inadequate for the development proposed. These are vital issues that need to remain in the forefront of the public and nothing in this post is meant to suggest otherwise.

This all being said, fighting a development that has been approved, even if it never should have been, is a huge undertaking requiring extensive resources that will never be able to match the resources available to the developer.

None of this is to say that this battle should not be fought but to call attention to other lands in the South March Highlands that also need to be saved but for which the battle may not be as difficult and for which victory might indeed be probable if the fight is taken up early enough.

We are talking about the lands north of the South March Highlands Conservation Forest, a large portion of which are owned by Metcalfe Realty. Unlike the KNL/Urbandale lands, these lands are not approved for development and are still zoned Environmental Protection. And, unlike the KNL/Urbandale lands, the owner is willing to sell and the City is interested in purchasing. This was confirmed by a city staffer as recently as last month, but has been fairly common knowledge for quite some time. Indeed the City has been quietly adding to the Conservation Forest by buying up land in what was known as the "dark side" when it became available at a reasonable price.

The biggest problem in getting political will for the City to buy the KNL/Urbandale lands has been the price for land approved for development, even if it was for sale. On the other hand as fiscal a conservative and non-environmentalist as one could find on the previous City Council, Gord Hunter, has publicly proposed the City purchase the lands north of the Conservation Forest. That being noted, it should much less difficult to convince the City to purchase these lands than it would be to convince them to purchase the KNL/Urbandale lands.

What is needed is a real campaign focused on these lands. And I understand resources are scarce and the natural inclination is to fight for the lands under imminent threat first. But every minute these lands are ignored is an opportunity for the landowner to start quietly working to get their status changed so that they too are under imminent threat, and much more costly to acquire.

At the moment the City is just quietly waiting for the landowner to offer the land to them at fair value for land zoned Environmental Protection while the landowner is offering the land for sale at the price of land approved for development.

There is a way to break through this but it requires political will and political will requires public pressure. The City must move now to start the process to negotiate a fair price for the land based on it's current zoning and status and inform the landowner if that is not successful the City will begin the process to expropriate the land at fair market value for it's existing status and zoning.

Other than some additional administrative costs this will not cost the City more than it is willing to pay for the land. That is a big factor in gaining Council support in these "fiscally conservative" times.

This will require public pressure. It will require an organized effort. But the automatic rejection arguments that the land is too costly and that it is not for sale and that there is an approved development proposal do not exist. Expropriation can be promoted simply as a mechanism to determine a fair price for the land.

This is a winnable battle if undertaken seriously. And right now we need some winnable battles. It may even change the mindset of City Council, making saving most of the South March Highlands a possibility for all to work towards.

2011-04-14

South March Highlands and Carp Hills - NCC Role in Protecting Natural Environment Lands: Beyond The Greenbelt

This post is also being sent via email to National Capital Commission CEO Marie Lemay
( Marie.Lemay@ncc-ccn.ca )

click on map to enlarge

The National Capital Commission has recently published maps identifying natural environment lands within the National Capital Region as part of it's concept plans for the Greenbelt Master Plan Review.

Interestingly, none of the lands identified are within the urban boundary of the City of Ottawa. It is, as if by definition, the NCC has decided that lands within the urban boundary have no environmental value.

Of course, in the case of the South March Highlands we know that is not true. There are lands within the urban boundary and within SMH that are even zoned Environmental Protection, and others that should be, and were, but were rezoned for reasons that had nothing to do with their environmental value.

There are undoubtedly other lands of environmental value within the Ottawa urban boundary as well. It is unfortunate that the NCC has decided they are unworthy of recognition.

One of the things I noticed right away from the NCC map was the identification of one large natural environment area comprising the South March Highlands and the Carp Hills. I just recently had the opportunity to hike some of the Carp Hills land (some of which the City of Ottawa apparently owns) and was quite impressed with it's natural environment value. In examining the City Zoning Map it became obvious that a significant amount of the land identified by the NCC as natural environment is not zoned Environmental Protection (not that that guarantees it will be protected). I expect this applies to other natural environment lands identified on the NCC map.

So now that the NCC has identified these lands as natural environment lands what are they going to do about it. They will do a great disservice to the community if all they accomplish is creating a false belief within the public that these lands are actually protected from development.

Now that they have raised the public's expectations the NCC must fulfil their responsibilities and meet those expectations and take the necessary measures, whether by means of purchase/expropriation or some form of ironclad federal protection that neither landowners, developers nor the OMB can overturn, to protect these lands from development. The public expects and deserves no less.

click on map to enlarge

2010-10-04

Saving the South March Highlands - Urgent Call to Action


The story of the South March Highlands and why it must be saved, in under five minutes.
A must watch video. (Best viewed full screen in 720HD)

Who would have thought this spring, when the battle to save the South March Highlands was reignited, first by the Sierra Club of Canada in relation to the Terry Fox Drive Extension and the Blanding's Turtle, and soon after that by a coalition of concerned residents and community groups, focusing on the road and the proposed development lands, that we would be looking towards a possible victory in the battle.

However, as I write this, a motion is about to go before Ottawa City Council on Wednesday October 6 to expropriate the KNL lands, known as the Beaver Pond Forest, that are in imminent threat of clear cutting and urban development.

It is urgent that this motion pass as the first step in saving the South March Highlands. But it is only the first step. Originally all of the South March Highlands was zoned "environmental protection" and presumably protected. But as we all know, in Ontario, where developers have their own kangaroo court known as the Ontario Municipal Board, zoning is meaningless when it comes to protecting environmentally sensitive lands. In order to save the rest of the South March Highlands the city must purchase all of the remaining SMH lands that have not yet been developed, both those that have been rezoned for development, and those that remain zoned "environmental protection".

Maps indicating the boundary of the South March Highlands (from Brunton report)
and zoning of the lands (from City of Ottawa)

(click maps to enlarge)


Zoning Codes Used on Map
RESIDENTIAL ZONES
Residential Third Density Zone R3
Residential Fifth Density Zone R5
OPEN SPACE AND LEISURE ZONES
Parks and Open Space Zone O1
ENVIRONMENTAL ZONE
Environmental Protection Zone EP
RURAL ZONES
Agricultural Zone AG
Rural Residential RR
Rural Countryside Zone RU
OTHER ZONES
Development Reserve Zone DR


I therefore urge all of you to immediately email your City Councillor and urge them to support the expropriation motion and the acquisition by the city, by negotiation or expropriation, of all of the remaining SMH lands.

This is a jewel, a piece of wilderness in the city, that we cannot let become just more cookie cutter subdivisions.

2010-06-05

Saving the South March Highlands - Pursuing the Possible

(click map to enlarge)

As the above map indicates only approximately one third of the South March Highlands are protected within the city owned South March Highlands Conservation Forest, although originally all the lands were zoned with environmental protection.

The way zoning works, as far as environmentally protected land is concerned, is that developers can apply for rezoning through the municipal process or by appealing to the Ontario Municipal Board (OMB) as many times as they want. If they lose they can keep coming back with new proposals using the outspend, outwait and outfrustrate strategy to combat environmentalists and communities that want to protect environmentally important lands. However once land is zoned for development it is virtually impossible to undo it - because that would be taking away landowners rights. The environment, apparently, has no such rights.

Indeed developers make a large portion of their profits from "political development" - buying protected land cheap and using their influence to get it rezoned for development and massively increased in value.

If you look at the zoning map below (with the protected land approximately indicated in orange) you will see that about half of the non-protected lands in the South March Highlands are developed or zoned for development, and about half are zoned as Environmental Protection Zone (EP) or Parks and Open Space Zone (O1). We know that the zoning does not provide protection as all the lands were originally zoned protected.

(click map to enlarge)

Zoning Codes Used on Map

RESIDENTIAL ZONES
Residential Third Density Zone R3
Residential Fifth Density Zone R5
OPEN SPACE AND LEISURE ZONES
Parks and Open Space Zone O1
ENVIRONMENTAL ZONE
Environmental Protection Zone EP
RURAL ZONES
Agricultural Zone AG
Rural Residential RR
Rural Countryside Zone RU
OTHER ZONES
Development Reserve Zone DR


So how do we set priorities in terms of protecting the undeveloped land from development.

One strategy, and one hard to argue with, is to focus on the most urgent threats to the land, which at the moment is the construction underway on the Terry Fox Drive Extension and the imminent start of work on the KNL housing development. This brave battle has been taken on by the Coalition to Save the South March Highlands (website in progress) and the I want to save the land North of Beaver Pond Park in Kanata Ontario Facebook Group. Unfortunately these are both very difficult battles to win.

The City seems determined to ignore its own demographic information indicating no urgent need for the road and to completely undermine the environmental assessment process in order to get free federal money for this environmentally devastating project. Everyday that construction continues we get closer to the point of no return. Perhaps the old saying needs to be rewritten to "free money is the root of all evil".

The battle over the KNL lands has been fought between the developers, the community and environmentalists for literally decades until the community just ran out of the ability to keep fighting. A brave last stand is underway but unless KNL can be convinced to sell the land and someone can be convinced to buy it and protect it, it's loss is inevitable.

But there is another strategy. One that can be undertaken alongside these brave attempts to stop the highway and save the KNL lands. It is a strategy that looks to the future - to save SMH lands before it becomes almost impossible to do so.

On November 10, 2000 the Regional Municipality of Ottawa-Carleton announced the purchase of 556 acres of the South March Highlands for $1.6 million at the urging of Kanata Regional Councillor Alex Munter who has stated his biggest achievement would be putting South March Highland into public ownership to keep it protected. These are the lands that along with Trillium Woods form the bulk of the currently protected lands in the South March Highlands Conservation Forest.

If one examines the zoning map you can see that an additional area of almost the same size within the South March Highlands is zoned either as Environmental Protection Zone (EP) or Parks and Open Space Zone (O1).

No matter what happens in the battles over the Terry Fox Drive Extension and the KNL development the City of Ottawa must move immediately to acquire this land, using it's expropriation powers if necessary, before it undergoes the "political development" process and it's value is increased. As it stands, there is very little the landowners can do with it other than pay taxes on it. The City would be doing them a favour by purchasing the land (their hopes of using their political influence to increase it's value being irrelevant).

It is clearly in the public interest to purchase these environmentally sensitive and important lands and it is becoming increasingly apparent that is also what the public wants.

This strategy is clearly very possible.

As to those pursuing the strategy of trying to achieve the near impossible - Keep up the battle you might yet succeed and if you do not you will have raised public awareness and moved public opinion in a way that hopefully provides City Council with the political will to do the possible and save two-thirds of the South March Highlands rather than one-third.