Newmarket Mayor John Taylor said the Shining Hill Estates development proposed for an environmentally protected corner of town would have a high bar to meet if it has any chance of being built.
A decision, one way or the other, is still months away. But after hearing thoughtful and well-reasoned arguments from both sides at a public meeting today, Jan. 18, the mayor said it is clear that the Town of Newmarket will need to explore in-depth the environmental concerns and potential impacts of the project.
Such a process will also need to fully include the public, he said.
"The public has set the bar very high for this conversation, and I want to echo that sentiment. It's my personal belief that if anything occurs, it will have to meet the measure of some very high environmental standards," said the mayor.
"Like some other members of the council, I will want to hear from the conservation authority and other experts to understand the implications raised by the public and others."
Other councillors praised the well-presented and persuasive deputations of residents who spoke directly to council against the project.
"The effort, knowledge and research that was brought to some of these presentations was really excellent. They brought up some really good points, and the proponent really has their work cut out for them," said Regional Councillor Tom Vegh.
For the proposed subdivision to proceed, the developer needs environmental protection to be rolled back for the portion of the Oak Ridges Moraine it owns.
In 2003, Newmarket council imposed environmental protections that were more strict than what the provincial government required, effectively barring all development in that area of town ever since. These rules held up when challenged by another developer at the Ontario Municipal Board.
Now Shining Hill Estates is asking the council to amend the official plan, allowing its property in the moraine to be zoned for both emerging residential and environmental protection.
Consultant Don Given, who represented the developer at the public hearing, explained what they want to do is to keep environmental protection around specific features of the moraine lands while opening up the rest for development.
Shining Hill Estates wants the official plan designation as a first step to show that the project has a chance to be completed. The exact details of what will remain protected will be part of a second amendment years from now.
Given noted that by banning all development in the area, Newmarket is out of step with the rules governing development in the moraine from the province, York Region and Aurora, all of which allow for development if environmental criteria are met.
"What we are asking for is that the same treatment be extended to this property," he said.
The Oak Ridges Moraine is a massive geological feature that extends from Peel Region beyond Peterborough, and Given noted they are only asking to be able to develop 0.02 per cent of it.
He also argued that there is no appreciable difference between the land that Shining Hill Estates is already allowed to develop east of the moraine lands and those that fall within it across an invisible line splitting the property.
The new subdivision would include a wide range of housing types, including high-rise buildings and affordable housing options, a new school area, and lots of new public green spaces. At the moment, there is no public access to the lands in question.
Given argued that a lot has changed since council placed the environmental protections almost two decades ago. There is much less developable land, and York Region is facing a looming housing crunch in the coming decades.
He said that sensitive areas of the moraine would still be protected and would have adequate buffers.
"It's not a major departure, it's not a threat to the environment; it is consistent with what the (provincial) Oak Ridges Moraine Plan would allow us to do. We are not asking for anything that would threaten the Oak Ridges Moraine; we ask to be treated as the other municipalities in the region have treated these types of plans and has been done in Newmarket for lands north of this property," said Given.
Residents who spoke to council disagreed, however.
Debbie Gordon of the Greenbelt Alliance, who worked on the moraine protection for many years, explained that it is the result of gravel being deposited by a glacier at the end of the last ice age.
The moraine's gravel acts as a sieve for rain and snow water. Gordon said water flows through the ground and becomes part of the aquifer that supplies several residential water wells and tributaries that run into the Holland River, which itself flows into Lake Simcoe.
She worried about what impact road salt, chemical fertilizers and other substances from the subdivision would have on the water table, especially since $40 million is being spent on cleaning up the Holland River already.
Resident Jason Allan told council that the decision made by council in 2003 had been made to protect the moraine lands from the temptation of developing it as populations grew, and that decision should be respected. He also felt that Shining Hill Estates had cynically purchased land under environmental protections, assuming it could get them repealed.
"Just because the developer purchased this land doesn't mean we have to compromise and agree to some of it being developed. They purchased it knowing full well of the restrictions that were in place and decided to take a shot at having those protections overrun," said Allan.
"I don't know how that happens, other than maybe they think developers have more power than the average person. An average person would not have bought that land, knowing of the prohibitions in place, and though they could go to town council and overturn protections that have been in place for decades."
Debbie Crandall, director of policy for the Save the Oak Ridges Moraine Coalition, said what has been forgotten since the decision to protect the moraine lands was the enormous grassroots effort and support it took to get those provisions in the first place.
Perhaps the issue falling off the public's radar was a consequence of their success and activists resting on their laurels. But the size of the response to the application showed that the issue was still relevant to many people.
Crandall called on residents to take part in the process to help council, and even the developer, make the soundest decision possible.
Resident David Ross and his neighbour, Bruce Wells, reviewed the documents submitted by Shining Hill Estates and highlighted some concerns they found.
Ross argued that the plans, as they are, do not meet provincial regulations for moraine development. The Oak Ridges Moraine Act requires a 30-metre vegetation protection zone for wetlands and significant woodlots. He quoted the report as saying that the measurements determining such buffers would use tree driplines (the furthermost edge of tree branches) or the edge of the wetland.
"Tree roots will be cut, and trees will die. Streams will be contaminated, and aquatic life will die," predicted Ross.
When asked about this by council, Given said Ross was incorrect that an additional 10 metres have been added on top of the drip line measurements.
Ross also said insufficient environmental study has been done, noting that the documents showed there had been just three five-hour site visits over two weeks.
Given replied that significantly more work had been done since then, including work by consultants to find features that would continue to be protected. More steps are planned if council amends the official plan and they know the project has a chance of being completed.
On that point, Taylor said despite the clear public opposition, council should not be closing the door on the idea. There are some benefits, such as affordable housing and the prospect of new green spaces and protected areas coming into public ownership, that are too important to dismiss out of hand.
"Several (speakers) raised the point of the importance of being outdoors, but this site is not accessible now. If we have a process where we could obtain hundreds of acres for public access and trails, I have to stop and think about that. I can't just walk past that concept. The only land that is truly protected is land that is in public ownership in a land trust."
