July 19, 2018 Open Letter to Council re General amendments to the Tay Valley Township Zoning By-law

July 19, 2018

Open Letter

Reeve Kerr and Council Members

Tay Valley Township

217 Harper Road

Perth, ON  K7H 3C6

Dear Reeve and Councillors,

 RE:   General amendments to the Tay Valley Township Zoning By-law – Blueberry Creek Nature Centre – 17638 ON-7, Perth ON

I am writing as the owner of Blueberry Creek Nature Centre, an incorporated not-for-profit educational organization that promotes art and outdoor activity for kindergarten and primary school aged children.  I am writing to request that, should Council approve the proposed general amendments to the Tay Valley Township Zoning By-law, a site-specific provision be included acknowledging that the Nature Centre may continue as a permitted use of this property.  

Blueberry Creek Nature Centre provides an alternative learning environment that fosters creativity and curiosity through hands-on education.  The curriculum is largely child-led, providing each student with an opportunity to discover her or his unique passions and aptitudes.  The Nature Centre allows children to explore the outdoor world in order to develop practical life skills, an appreciation for the natural environment, and an active lifestyle that will serve them well into adulthood.  This approach is coupled with a low teacher-to-student ratio to ensure that each child receives the supervision and guidance that she or he requires to become a successful, well-rounded member of society. 

The Nature Centre is located at the municipal address 17638 ON-7, Perth, and is zoned General Commercial by the Tay Valley Township Zoning By-law 02-121.  The General Commercial Zone allows for the broadest range of permitted uses of any zone.  The use of the property is currently permitted as a “Community Service”, which is defined by the Zoning By-law as:

“The use of land, buildings or structures by a not-for-profit, non-commercial body or society such as a service club or charitable organization for promoting athletic, cultural, educational, health, recreational, social, philanthropic or other similar objectives.”

This is precisely the function that Blueberry Creek Nature Centre fulfills, and there are currently no other defined uses, under Tay Valley Township Zoning By-law 02-121 that capture the Nature Centre’s function.  Most notably, Blueberry Creek Nature Centre is not under the jurisdiction of a Board as defined in the Education Act and therefore is not a “School” as currently defined by the Zoning By-law.  

However, the proposed amendments to the Zoning By-law would greatly expand the definition of “School” to include:

“An educational establishment as defined in the Education Act, and includes any facility which has a body of students and teachers, and which provides primary, elementary, and secondary or adult education courses of study authorized or approved by the Minister of Education for the Province of Ontario.  This definition includes schools under the jurisdiction of a Board of Education, as well as other private schools that provide other specialized training or instruction, whether such private schools are operated for-profit or not-for-profit.”

This is an uncommonly broad definition of “School” compared to many other municipal zoning by-laws throughout Ontario and places the Nature Centre in a position of uncertainty, namely, that the use would be clearly captured by both the definition of “Community Service” and the definition of “School”.  The ambiguity arises upon considering that the applicable zoning on this property permits a Community Service but does not permit a School. 

Despite the clear definition of Community Service, I have been advised by your solicitor that the Township does not share the opinion that the use of my property is currently permitted.  This has prompted the exchange of a series of letters between my lawyers and yours, concluding with your lawyer advising that he would commence an action in Superior Court to prohibit the continuation of the use.  Against this backdrop, it appears that the overly broad definition of “School” in the proposed amendment is specifically tailored to capture the use of my property.  If this amendment is targeted at the Blueberry Creek Nature Centre, with the intention of recategorizing the use so that it would no longer be permitted on my property, then the By-law is discriminatory, passed in bad faith, and – I am advised by counsel –  an invalid exercise of the Township’s jurisdiction.  

In any event, a zoning by-law cannot prevent the use of land for any purpose for which it was already lawfully used on the day that the by-law was passed.  Because the Nature Centre is already operating as a permitted Community Service, the proposed amendment expanding the definition of School would, at most, render the use legally non-conforming.  Nevertheless, it is in the public interest for legislation to be drafted in a way that is clear and unambiguous.  If Council sees fit to expand the definition of “School”, I would request that the Zoning By-law include a site specific exemption to provide that Blueberry Creek Nature Centre – whether viewed as a Community Service or as a School – is permitted to continue operating on the property.  

I note, further, that if Council does choose to expand the definition of “School”, it would, in essence, be doing all that it can to signal that Nature Centres, Forest Schools and alternative education are unwelcome in Tay Valley Township and should locate somewhere else.

The Lanark County Sustainable Communities Official Plan incorporates the Sustainable Lanark: Integrated Community Sustainability Plan, which sets out policies targeted to promote cultural, environmental, economic, and social objectives, focusing on 19 “Themes”, for a 20-year horizon. The Plan recognizes the need for the County and Local Municipalities to engage private organizations in order to achieve the stated objectives. 

Theme 1 of Sustainable Lanark is the Arts, which acknowledges that there is a need to support and encourage local artists to develop their talents.  The Strategic Objectives call for municipalities to: 

• Preserve traditional crafts like weaving, pottery, the development of stick furniture and maple syrup production (1.2); 

  
  
  
  

• Encourage the provision of affordable arts space (1.3); and 

  
  
  
  

• Encourage the development of innovative ways to invest in and support public art and murals (1.4).

  
  
  
  

Art education – or rather, education through art – is one of the fundamental pillars of the Blueberry Creek Nature Centre.  The organization seeks to implement, in large part, the Reggio Emilia Approach which emphasizes the use of symbolic languages such as painting, sculpting, and drama, and inherently instills a deep appreciation for the arts at a young age.  Blueberry Creek regularly invites guests from the community to introduce, to the children who attend, such skills as woodworking, wood-burning, sculpting, Indigenous doll-making, felting, pottery, and sewing.  While perhaps not all of the Centre’s alumni will become local artists themselves, many, it is hoped, will become patrons of these arts and of others, as a result of this appreciation.  

Theme 15 of the Sustainable Lanark plan promotes the development of “Age Friendly Communities”.  It acknowledges that prior efforts have been largely focused on the needs of senior citizens, but that attention is still needed for “residents of all ages and abilities”, particularly for young families and youth.  The Strategic Objectives focus on the creation of recreation and leisure activities (15.1), the provision of accessible child care (15.3),  and the inclusion of youth in civic life (15.5).  The Policy indicates that this should be achieved by working with community partners to find creative and innovative solutions.  Blueberry Creek Nature Centre simultaneously provides an innovative venue for accessible programs and outdoor activity.  Perhaps more important, it provides an alternative approach to education that allows children of different ages and learning styles to develop their skills in an environment that fosters creativity, social interaction, and improved confidence. The Blueberry Creek Nature Centre could also be used for other recreational and leisure activities in accordance with these themes.

Finally, Theme 17 of the Plan is the development of Healthy Communities.  This Theme targets the promotion of active, healthy lifestyles.  Most notably, the Strategic Objectives direct:

• Support efforts to increase physical activity by all residents by providing access to excellent programs and facilities (17.1); and

  
  
  
  

• Foster positive mental health.

  
  
  
  

The Nature Centre engrains the importance of physical activity in the minds of youth by making it a part of everyday life.  From snowshoeing, gardening, climbing, and fort building, children spend their days outside and active.  This normalizes active living in a fundamental way that will carry on into adulthood. Also, by offering a different approach to education, it is one of the objectives of Blueberry Creek Nature Centre to promote self-confidence which is beneficial for mental health.   

The Blueberry Creek Nature Centre promotes the objectives of these themes. 

Considering these objectives, if the proposed amendment is not a targeted attack of the Blueberry Creek Nature Centre it, at the very least, does not conform with the clearly stated intent of the County Official Plan, insofar as it pertains to the current Nature Centre.  I submit that this failure could be corrected by the site-specific clarification that I have requested.

Do not hesitate to contact me to discuss. Thank you for your attention to this matter.

Yours very truly,

Robyn Mulcahy