Ramara has requested a MZO for developments in the Rama Road Corridor. Without an official letter from the municipality rescinding that request it remains in play.
As you are aware, we have grave concerns about the power of Minister’s Zoning Orders (MZO) – how they cut out public consultation and undermine the role that environmental studies play in ensuring developments don’t result in a net loss of value to the public, being two key issues.
The use of a tool that is as blunt and powerful as a MZO is especially concerning in places where landscapes and watersheds are shared, with their ecosystems or flows extending beyond a single jurisdiction.
To ensure development provides a benefit to the community, by which we mean both our human communities and the natural communities that we are a part of and rely upon, it is crucial that they meet a high level of rigour in determining their ‘fitness’ in a given location. Projects such as what is proposed for the Rama Road Corridor must, at minimum, meet the requirements set out under the Planning Act process.
Confusion remains, however, regarding whether a MZO has been requested by Ramara for projects in the Rama Road Corridor. Our coalition was relieved to hear, during the Orillia special meeting this week, that Ramara does not want to proceed with a MZO request.
It is important to be very clear that the Township of Ramara has initiated a MZO request, and that until and unless Council officially rescinds this request with a letter to the Minister, this request stands.
The fact that Ramara has initiated a MZO request, which is all that is required since there is no formal application process outlined under Section 47 of the Planning Act for MZOs, is evidenced by the following:
First, a motion was passed by the Township of Ramara on November 2, 2020. In item 6.1 of the agenda council passed a motion to allow Mayor Clarke to sign a letter to accompany the Rama Road Economic Employment District package. Although the letter does not mention a MZO application in its body, within the package the request for a MZO for this project was bluntly stated:
“The municipality is requesting that the Minister enact a Minister’s Zoning Order for the three proposed developments in order to commence the growth and development within the Rama Road Corridor.”1Township of Ramara. Minutes of the Committee of the Whole Meeting Dated: Monday, November 2, 2020. (Emphasis added.)
With a motion of council to endorse this package, it most certainly can be considered an official municipal request for a MZO. Further, it doesn’t state it wants to explore a MZO discussion or open up the feasibility of a MZO, but enact one.
Second, a request was made by the Township of Ramara to the County of Simcoe Council to endorse Ramara’s MZO request.
It first went to the Committee of the Whole on November 10, 2020. Mayor Clarke moved a motion “that the County of Simcoe supports the letter dated November 3, 2020, titled Rama Road Economic Employment District.”2County of Simcoe. Minutes of Committee of the Whole Meeting Dated: Tuesday, November 10, 2020. As a reminder, this letter accompanies the Rama Road Economic Employment District package which explicitly requests a MZO to be enacted.
Next, this recommendation was brought forward to County Council at a Joint Committee of the Whole and Council Meeting on November 24, 2020. From there, Resolution 2020-705 was passed by County Council which resulted in a letter dated December 7, 2020 to MMAH Minister Steve Clark from the County of Simcoe. The body of this letter further outlines that, in fact, a request to enact a MZO was made by Ramara Township AND that County Council supports their request:
“Recommendation CCW-132-20
“That the County of Simcoe supports the letter dated November 3, 2020, titled Rama Road Economic Employment District.”
The County of Simcoe is pleased to inform you [Minister Steve Clark] that County Council supports the above proposal within the Rama Road Corridor, in the Township of Ramara, and their request for a Minister’s Zoning Order.”3County of Simcoe. Letter to Minister Clark – Subject: Township of Ramara – Rama Road Economic Employment District: Request for Ministerial Zoning Order (MZO
Ramara’s MZO request now has two – township and upper tier – of the three approvals it needs to proceed. The only approval authority remaining is the province.
Evidently, if Ramara is reconsidering its MZO request for the Rama Road Corridor, then it is clear that the procedural motions that have been put in place need to be rectified.
Officially, regardless of intent, two levels of government have endorsed this MZO request. Saying otherwise is disingenuous to the process both councils have undertaken since November 2, 2020.
Public platitudes about intention do not rectify the official acts of council that have been completed thus far. Therefore, we are requesting that the Township of Ramara rectify this situation officially to align with its comments publicly that a MZO was not applied for. Specifically, the Township of Ramara should reopen the issue before council and pass another motion to send written correspondence to the province directing it to disregard its Rama Road Economic Employment District package and that Council will proceed with these lands through the standard process outlined in the Planning Act, not through a MZO.
Further, since the County of Simcoe is the recognized planning authority in the region, its endorsement of the MZO must also be rescinded. We suggest that a recommendation be made within the Committee of Whole for County Council to notify MMAH that County Council is revoking its support of the Rama Road Corridor MZO letter it sent to Steve Clark dated December 7, 2020. From there, County Council must adopt this recommendation and send formal written correspondence to Minister Clark.
We hope that the Township of Ramara does not break faith with its public comments in the media and in front of a neighbouring council about not wanting a MZO for these properties. By not officially undoing councils’ actions, this MZO request will still be considered by the province. Further, the developers of this project will still have two levels of endorsement for their projects under a MZO and therefore the province could proceed with the MZO request without further input from either the County or Ramara.
Finally, we must go on record that regardless of the MZO application for the Rama Road Corridor, this project, as it stands, is incompatible with a net benefit for Lake Couchiching, Ontario’s significant wetlands, climate, residents of the Lake Couchiching area or the long-term fiscal health of Ramara Township.
We appreciate your attention to this matter and look forward to council actions that ensure this MZO application does not proceed.
…learning about how planning works is important because it helps us get climate justice happening on the local level. It helps us understand how these changes can actually play out through local government.
But there’s a lot to learn and not a lot of clear information, so how can we learn more?
Public platitudes about intention do not rectify the official acts of council that have been completed thus far. Therefore, we are requesting that the Township of Ramara rectify this situation officially to align with its comments publicly that a MZO was not applied for.
Ramara Council must uphold its duty to the public it serves by acknowledging the MZO request, by rectifying it with a motion that would send a letter to the Minister revoking the MZO request, and re-committing to a planning process done in good faith, with full public participation and due diligence paid to environmental and other necessary studies to ensure no negative impacts.
In Innisfil, the proponent of a controversial development, The Orbit, has successfully sought backing from council to seek a Minister’s Zoning Order, or MZO, from the province.
If the province grants this request the developer gets a short cut through rules meant to ensure the public is consulted, environmental impacts are studied, and financial consequences understood.
We hope that the City of Orillia will take a stand for the interests of its residents and the lake and officially oppose the MZO application request.
…if this government is truly committed to these initiatives, by which we mean that they are not being used as cheap politics to deflect from the criticism, fully deserved, that they are receiving with regard to the policy changes noted above, then we expect the following
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Ramara is pushing large developments in what’s known as the Rama Road Corridor, which was designated an employment district by the previous Liberal government. The township has requested a MZO for the developments, but has denied this is the case, claiming the request was simply meant to open dialogue with the province regarding the proposal.
Ramara Township is pushing for developments along the Rama Road Corridor, and has requested a MZO from the province.
The developments – three are currently included in the proposal – would impact Lake Couchiching, including both on-land and shoreline/shallow water wetlands categorized as provincially significant.
The Township has said that it hasn’t requested a MZO, but they have, evidenced by two motions in council, at Ramara and at Simcoe County, as well as by a staff report recommendation.
The public deserves to participate in decisions that will affect their communities.
Ramara Council must uphold its duty to the public it serves by acknowledging the MZO request, by rectifying it with a motion that would send a letter to the Minister revoking the MZO request, and re-committing to a planning process done in good faith, with full public participation and due diligence paid to environmental and other necessary studies to ensure no negative impacts.
The Township officially revoked the MZO request. The town may continue to pursue the development via normal planning processes.
The MZO request stands, after approval for the request letter to the Minister from both the Township and the County.
Until the Township officially revokes its request the MZO can be granted by the Minister.
The Township has not officially revoked its request.
Parataxis Design And Development Corporation. 280 High Park Avenue, Toronto, Ontario. M6P 2S7
This is the meeting at which the Ramara mayor and CAO state that Ramara is not seeking a MZO.
Public platitudes about intention do not rectify the official acts of council that have been completed thus far. Therefore, we are requesting that the Township of Ramara rectify this situation officially to align with its comments publicly that a MZO was not applied for.
Ramara Council must uphold its duty to the public it serves by acknowledging the MZO request, by rectifying it with a motion that would send a letter to the Minister revoking the MZO request, and re-committing to a planning process done in good faith, with full public participation and due diligence paid to environmental and other necessary studies to ensure no negative impacts.
We hope that the City of Orillia will take a stand for the interests of its residents and the lake and officially oppose the MZO application request.
Dear Mayor Clarke and Ramara Council.
Please end the confusion regarding use of a MZO in the Rama Road Corridor and send a letter, passed by Council, to the Minister that officially rescinds any possible outstanding request.
The proper route to proceed with development is through the planning process, ensuring that it includes full and transparent public participation done in good faith.
Sincerely.
Dear Mayor Clark and Orillia Council.
Please take a stand to protect the health of Lake Couchiching and the water that we rely on for drinking as well as for recreation.
I ask that you send a letter to the Minister of Municipal Affairs and Housing stating that Orillia opposes the use of a MZO in the Rama Road Corridor.
Sincerely.
We send out a once-monthly newsletter full of information on what’s happening in Simcoe County and beyond, including information on how you can take action to protect the health of your community.
We hope that the City of Orillia will take a stand for the interests of its residents and the lake and officially oppose the MZO application request.
This letter was sent to the Mayor and Council of Orillia on January 12, 2021.
The undersigned is writing to you today with grave concerns about a MZO application recently submitted to the province by the Township of Ramara and supported the County of Simcoe. We strongly believe that this development is not in the best interest of Lake Couchiching, the environment writ large or the City of Orillia and its residents.
As you can see from the graphic below, a large portion of this development resides within a provincially significant wetland (PSW) and infringes on others. Currently, development within a PSW is prohibited under Ontario’s planning laws. A MZO would remove these prohibitions.
Figure 1.
In Figure 2, it is clear to see how the developments will also infringe on water intake protection zones as well as significant forests.
Figure 2.
For clarity, the development proposal would include 3 separate developments. The MZO is asking for all three of the development applications to be approved including:
258 room hotel, an additional 1,678 mixed units proposed
Creating 6,414 additional feet of frontage (through harbours and canals) mostly in the midst of a provincially significant wetland which is also one of the last, large intact wetlands on Lake Couchiching
Figure 3.
Figure 4.
This application is problematic for the City of Orillia for several reasons.
Whether it be for drinking water for residents, recreation or supporting Orillia’s economy via its downtown and tourism, Orillia is highly dependent upon the wellbeing of Lake Couchiching.
A MZO application does not currently require environmental assessments to be completed, as per Section 47 of the Planning Act.
Although Ramara Township references a 1,400 page Environmental Assessment that has been done, it is our understanding that this EA only applies to a portion of the development that is proposed, and that this EA was completed in the early 2000s.
A lot has changed since then.
What we know about the necessity of shoreline wetlands to the health of a lake has also increased.
There is a reason why there aren’t policies within Ontario’s planning regime that guide how development should be done within a provincially significant wetland – because it isn’t allowed.
Since there are no statutory requirements within the Planning Act to complete environmental assessments as part of a MZO and there aren’t policies to guide how building on top of a PSW should be done, it is hard to understand how these wetlands will be protected through a MZO or through this development application at all.
And in the case of these particular shoreline wetlands, they play a significant role in flood mitigation and water filtration of Lake Couchiching.
Impairing these wetlands by building in the heart of them and directly infringing on other parts, squarely puts the health of the lake at risk.
MZOs cut out several key pieces of the Planning Act process, but most importantly, it removes the statutory consultation and appeal process.
Not only is this process for the public, but also for other stakeholders, such as neighbouring municipalities, to weigh in on shared assets and key issues.
Considering the significant impact this development could have on Orillia’s shoreline, water quality and recreation opportunities, the City of Orillia should be able to have meaningful opportunities to engage in the process and protect its interests.
With a MZO, the approvals are already given and Ramara Township would only be able to handle issues via site plan controls and permitting.
What meaningful process will the City of Orillia have under that system?
If issues do arise, what mechanisms will the City of Orillia have to outline its interests if approvals have already been given?
A large development such as this should have sober second thought, especially within a changing climate and biodiversity loss, but the idea of truncating the process by cutting out consultation through a MZO is unacceptable.
Of course, there are other issues that may be meaningful to members of council such as climate action.
Removal of forests and wetlands is directly incompatible with these goals.1Protecting wetlands and forests can reduce climate adaptation costs2Fighting climate change with conservation3The Role of Wetlands for Climate Change Mitigation and Biodiversity Conservation
The increased boat traffic could also impact shoreline residents on the west side of the lake and historical sites such as the Mnjikaning fish weirs, which are one of the oldest remaining human developments in Canada and a national historic site.
Again, there are many impacts that need to be fully considered, which underscores why a truncated MZO process, which removes meaningful community consultation, is not in the best interest of area residents or other stakeholders.
The City of Orillia has prided itself on its port and Couchiching shorelines. Consequently, council should consider itself a steward of the Lake and deem applications such as this as problematic – especially when utilizing a MZO.
We hope that the City of Orillia will take a stand for the interests of its residents and the lake and officially oppose the MZO application request.
We send out a once-monthly newsletter full of information on what’s happening in Simcoe County and beyond, including information on how you can take action to protect the health of your community.
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