HomeMy WebLinkAboutPSD-077-07
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Friday, June 8, 2007
Report #: PSD-077 -07 File #:
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By-law #:
Subject:
BILL 51- PLANNING AND CONSERVATION LAND STATUTE LAW
AMENDMENT ACT, 2006
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-077-07 be received;
2. THAT the By-law contained in Attachment 1 be approved delegating authority to the
Planning Director to make a decision on whether submitted planning applications are
complete;
3. THAT the By-law contained in Attachment 2 be approved requiring pre-consultation with
the Municipality of Clarington Planning Services Department prior to submission of
applications, plans and/or drawings for all official plan amendments, zoning by-law
amendments, draft plan of subdivision/condominium and site plan; and,
4. THAT all interested parties listed in this report and any delegations be advised of
Council's decision.
Submitted by:
Davit Crome, M.C.I.P., R.P.P.
Director, Planning Services
Reviewed by:
InWU
l' Chief Administrative Officer
CP/DJC/df
28 May 2007
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-077-07
PAGE 2
1.0 PURPOSE
1.1 The purpose of this report is to present information pertaining to changes to the
Planning Act and related regulations resulting from the approval of Bill 51, The Planning
and Conservation Land Statute Law Amendment Act, 2006. This report will outline the
changes, discuss aspects staff have implemented to date, suggest implications for
Clarington planning processes and present areas of further review to carry out the
required changes.
2.0 BACKGROUND
2.1 On March 27, 2006, Staff presented a report outlining some of the key elements within
the Province's new legislation as it relates to land use planning. Previously referred to
as Bill 51, the Planning and Conservation Land Statute Law Amendment Act, 2006,
received Royal Assent on October 19, 2006 and, in terms of the Planning Act
amendments, was proclaimed in effect on January 1, 2007. Along with the legislation
itself, the Province also passed a set of related implementing Regulations, although
some Regulations remain outstanding. The provisions of Bill 51 apply to all those
applications made on or after January 1, 2007.
2.2 Bill 51 amends the Planning Act and the Conservation Land Act and provides
municipalities with a number of additional mechanisms that deal with the land use
planning process as well as new rules pertaining to Ontario Municipal Board (OMB)
appeals.
2.3 The majority of the changes to the Planning Act modify aspects of the land use planning
process, provide additional tools for implementation of provincial policies and give
further support to sustainable development, intensification and redevelopment. With
respect to the Conservation Land Act, the changes under Bill 51 assist conservation
efforts by improving the use of conservation easements as a tool to support the long-
term stewardship and protection of agricultural lands, natural areas and important
watershed features on private lands.
3.0 LAND USE PLANNING PROCESS CHANGES
3.1 Complete Applications
3.1.1 New requirements are now in place regarding complete applications. These changes
include an expanded list of prescribed information and material that is required for
official plan amendments, zoning by-law amendments, subdivisions and consents. It is
now a requirement that through the submission of official plan amendment, zoning by-
law amendment and draft plan of subdivision applications, additional information be
provided regarding conformity to provincial plans and policies, as follows:
i) whether the proposed amendment is consistent with provincial plans or policy
statements issued under Section 3 of the PlanninQ Act (i.e. The Greenbelt Plan,
REPORT NO.: PSD-077-07
PAGE 3
the Growth Plan for the Greater Golden Horseshoe, the Provincial Statement,
etc.);
ii) whether the subject land is within an area designated under any provincial plan
or plans;
iii) whether the proposed amendment is in conformity or does not conflict with any
provincial plan or plans;
iv) whether the proposed amendment alters any part of the boundary of an area of
settlement in a municipality or establishes a new area of settlement; and
v) whether the requested amendment removes the subject land from an area of
employment.
3.1.2 The Municipality of Clarington's development application forms have been amended to
account for the foregoing changes. The additional information is required in the first
instance, before application processing can occur and not well into the application
processing stage, or introduced for the first time within the context of an OMS Hearing.
Therefore, with regard to matters of provincial interest, consistency with provincial plans
now needs to be addressed up front, in order for an application to be deemed complete.
3.1.3 In addition, municipalities can now establish through Official Plan policies, additional
information or material as may be needed to assess planning applications. Additional
requirements consistent with the legislation will be reviewed further by staff and be part
of the Clarington Official Plan review.
3.1.4 As result of the Sill 51 changes to the Planning Act, there is greater emphasis on the
acknowledgement of complete applications. Once an application is submitted to the
Planning Services Department, the Municipality has 30 days to confirm the receipt of a
"complete application" with the applicant. Once the application is determined to be
complete, the Municipality has 15 days to provide notice of the application and
prescribed information to prescribed persons and public bodies. In addition,
municipalities must make the all information available to the public within that
timeframe. The Regulations for the various types of development applications require
that the notice of complete application be provided in the same form as the notice of
public meeting. Dependent upon the timing of the public meeting, notice of complete
application may be given with the notice of public meeting, or may be given separately.
3.1.5 In the case where there is a dispute over whether an application is complete, the matter
can be brought forward to the OMS, where it can determine whether the information
provided by applicants meets the requirements and whether the requirements are
reasonable under the circumstances. In such cases, the onus would be on the
municipality to demonstrate why certain studies have been requested.
3.1.6 The Planning Act has also been amended such that Council is to determine when
development applications are complete. Under this system, Council is required to
deliberate on each application immediately after it is submitted, based on the materials
REPORT NO.: PSD-077-07
PAGE 4
filed. This would require determination by way of a Council resolution that an application
is complete before circulation could begin. This process would be time consuming and
onerous, and will delay the processing of applications. However, Section 23.1 of the
Municipal Act provides Council with the general authority to delegate to a person or
body various non-judicial responsibilities.
3.1.7 In order to continue with the current process of staff determination of complete
applications, it is recommended that this responsibility be delegated back to staff in
order to facilitate timely application processing. Attachment 1 contains a By-law for this
purpose.
3.2 Pre-Consultation
3.2.1 The Planning Act has been amended to include a requirement for "pre-consultation".
Pre-consultation is the process whereby prospective development applicants consult
with municipal staff prior to their formal application submission, in order to ascertain the
municipality's requirements including studies, drawings and potential issues.
3.2.2 Although the Municipality has strongly encouraged pre-consultation in the past, Bill 51
enables Council to enact a by-law requiring pre-consultation for the purposes of an
Official Plan amendment, Zoning By-law amendment, Site Plan approval and Plan of
Subd ivision/Condominium application.
3.2.3 The amendments to the Planning Act also grant municipalities the ability to require
additional information and materials from the applicant upon submission of an Official
Plan amendment, Zoning By-law amendment and Plan of Subdivision/Condominium
application. However, in order to take advantage of this tool, the Official Plan must
contain policies addressing the additional requirements. Staff will review this as part of
the Official Plan review to identify technical submissions that may be required in
addition to those already addressed in the Clarington Official Plan.
3.2.4 By mandating the pre-consultation process, the Town would be assured that contact is
made early in the development review process so as to ensure that issues are
uncovered in a timely manner, and to help reduce application processing timelines.
3.2.5 Therefore, staff recommend that the By-law contained in Attachment 2 be approved
requiring pre-consultation for all applications for Official Plan amendments, Zoning By-
law amendments, Site Plan approval and draft Plans of Subdivision/Condominium.
3.3 Conformity with Provincial Plans
3.3.1 It is now a requirement for municipal Official Plans to be updated every five years, and
for municipal Zoning By-laws to be updated to conform to the new Official Plans within
three years. An Official Plan must:
· conform to provincial plans;
. have regard to matters of provincial interest as outlined in the Planning Act; and,
REPORT NO.: PSD-077-07
PAGE 5
· be consistent with provincial policy statements.
3.3.2 In this regard, the Municipality of Clarington will be commencing its Official Plan review
process later this year, and as part of its mandate will be addressing these provincial
interests. This will include determination of conformity with the Growth Plan for the
Greater Golden Horseshoe. Bill 51 introduced provisions pertaining to the content of
Official Plans. Draft Regulations suggest that such issues as the delineation of
settlement boundaries, identification of the lifetime of an Official Plan, and performance
monitoring policies to implement the Provincial Policy Statement, Provincial Plans and
Official Plan policies will all be required. More details regarding these provisions can be
provided once the Province releases the Regulation directing their implementation.
3.4 'Havino Reoard to' Municipal Decisions
3.4.1 Another land use planning process change deals with approval authorities and the
OMB, who are now required to 'have regard to' municipal decisions on planning
applications. Previously, approval authorities were not explicitly required under the
Planning Act to have regard to municipal decisions.
3.4.2 It is likely that when the OMS has regard to Council decisions, it would likely be based
on the content of the related staff report that accompanies the decision. Staff reports
have been modified to specifically address the conformity of new developments to
provincial plans and the Provincial Policy Statement and the report provides the level of
analysis necessary to facilitate the defence of staff's recommendation. More technical
information may be appended to reports in the future.
3.5 Information. Materials and Parties at OMB Hearinos.
3.5.1 Another change to the Planning Act deals with the addition of parties and information at
OMB Hearings. Prior to January 1, 2007, there were no restrictions on parties and
information or material to be considered at an OMB Hearing. This caused situations
where materials, studies or interests could be raised within the context of an OMB
Hearing which may not have been considered by Council during its consideration of a
development application. Under Bill 51, new material or information is not permitted as
evidence on an appeal unless the OMB determines that it could have materially affected
Council's decision, in which case Council will be given the opportunity to reconsider
their decision in light of the new information before it may be admitted.
3.5.2 Under Bill 51, in the case of an appeal, only those persons or public bodies that made
oral submissions at a public meeting or written submissions to Council can be added as
a party to an OMB Hearing. The OMB may, however, allow new parties if there are
reasonable grounds.
3.5.3 If an appeal regarding an Official Plan amendment or Zoning By-law amendment is
based on a non-decision by an approval authority, these restrictions regarding parties,
material and information do not apply.
REPORT NO.: PSD-077-07
PAGE 6
3.5.4 Appeals are now limited to organizations or individuals who took part in the approval
process at the local level, unless the Board determines that the party could not have
reasonably participated. The required public notice provided by the Municipality for
development applications has been amended to reflect these changes.
3.6 Open Houses and Notice Reauirements
3.6.1 New requirements have been put into place regarding open houses and public notices.
The changes to the Planning Act now require that open houses be conducted during
Official Plan reviews and the adoption of a development permit system. They are to be
held no later than 7 days before the statutory public meeting.
3.6.2 Also in relation to the issuance of notice, approval authorities must now give notice of
refusal to adopt an Official Plan amendment or Zoning By-law amendment. Similarly,
within 15 days of a refusal, the municipality must notify the applicant of the refusal, and
the applicant in turn has a right to appeal within 20 days thereafter. This addresses a
past issue where there was no timeframe whereby an applicant could appeal a decision
by the approval authority to refuse a development application.
3.7 Local Appeal Bodies
3.7.1 The Planning Act has also been changed such that municipalities have the option to
establish local appeal bodies to hear appeals on consent and minor variance
applications. Such appeals are normally heard by the OMB. Although the establishment
of such a body might make sense within a large jurisdiction such as the City of Toronto,
relatively few minor variances are actually appealed within the Municipality of
Clarington, therefore, it would not make sense to establish a local appeal body and
dedicate the time and resources required for its maintenance. In terms of consents, it
would be a Regional decision as to whether it decides to establish a local appeal body
since it has approval authority on land division matters.
3.7.2 Where municipalities decide not to establish a local appeal body, appeals will continue
to be heard by the OMB. Staff do not recommend establishing a separate appeal body.
4.0 DEVELOPMENT CONTROL TOOLS
4.1 ZoninQ with Conditions
4.1.1 Zoning with conditions is a tool that has been introduced by Bill 51. This new tool will
assist municipalities in managing development of land by allowing the imposition of
conditions on zoning through the Zoning By-law. The use of this requires policies to be
adopted in the Official Plan relating to zoning with conditions. Zoning with conditions
will enable the Municipality to require an agreement relating to the condition which may
be registered on title of land. The Regulation for zoning with conditions is in draft form
and has yet to be finalized. This will be explored further through the Municipality's
Official Plan review.
REPORT NO.: PSD-077-07
PAGE 7
4.2 Heioht and Densitv
4.2.1 Bill 51 provides explicit flexibility to regulate the minimum and maximum density and
minimum and maximum height requirements for new development. Although the
language of the previous Planning Act permitted municipalities to "regulate the density
of development", the Bill 51 amendment would make this ability clear. The Municipality
of Clarington has previously instituted restrictions through area specific zoning by-law
amendments, and therefore no changes to the Municipality's current development
review practice is anticipated or required.
4.3 Development Permittino
4.3.1 All municipalities within Ontario now have the authority to implement a Development
Permit System (DPS) of planning. The DPS represents a collapsed approvals process
that integrates Zoning By-law amendments, site plan control and minor variances into
one permit-based system. The DPS system is intended to provide a streamlined
system which replaces the current zoning and site plan system with a system where a
greater degree of discretion is provided to the Municipality at the time of application
review. This system is an optional new tool that municipalities may choose to use.
4.3.2 From the standpoint of streamlining, this process would put into place one development
application instead of three, with processing requirements under faster time lines, 45
days in a DPS as opposed to 120 days under the current zoning system. Opportunities
also appear to exist to incorporate site alteration permits and tree-cutting permits within
a DPS system as well.
4.3.3 The DPS based system replaces the municipal Zoning By-law with a development
permitting by-law which, like a zoning by-law prescribes permitted uses and standards.
However, unlike a zoning by-law, a Development Permitting By-law also prescribes
"discretionary uses". In the case of discretionary uses, additional information is typically
required in order for the municipality to be satisfied whether the discretionary use should
be permitted. In addition, a variation to development standards may also be requested
through a DPS.
4.3.4 In order to put a DPS in place, a Development Permit By-law is required to establish
criteria for development, and limitations would be placed on the amount of variation or
discretion that could be exercised by staff before an amendment to a Development
Permit By-law would be required.
4.3.5 A Development Permit By-law could be appealed by any party that would otherwise
have the right to appeal a zoning by-law. However, only a developer or proponent
would have rights of appeal regarding a development permit application. This is similar
to site plan applications where there is no avenue for third party (public) appeals to
these approvals.
4.3.6 Through the DPS based system, opportunities are provided to include a broad range of
conditions on the approval of new development. Such conditions can include such
elements as ongoing monitoring requirements that are considered necessary for the
REPORT NO.: PSD-077-07
PAGE 8
protection of public health and safety or the natural environment; restoration of natural
features and areas or contaminated lands; or for matters related to the provision of
specified height and density of development or increases in these.
4.3.7 A local Development Permit System could not come into place until such time as a local
municipality had Official Plan policies in effect to allow for their implementation, and
after a local municipality has passed a Development Permit By-law, which has been
subject to full public consultation and appeals processes under the Planning Act. The
merits of introducing a DPS system and necessary policies will be examined as part of
the Official Plan review.
5.0 SUSTAINABLE DEVELOPMENT AND COMMUNITY DESIGN
5.1 Exterior Buildinq Desiqn. Character and Appearance
5.1.1 Through adoption of Official Plan policies, municipalities are now provided authority to
explicitly consider the exterior design of buildings. This allows for consideration of the
character, scale and appearance of proposed buildings in relation to the surrounding
environment. Although the municipality tries to address exterior design through site
plan approval and architectural control for lots within plans of subdivision, the exterior
design of buildings was typically considered beyond the purview of the previous
Planning Act.
5.2 Sustainable Desiqn
5.2.1 Additional tools for sustainable development have been included to allow municipalities
to permit second units within dwellings as a provision within municipal official plans.
Clarington already has these provisions in place, along with as-of-right zoning
provisions for apartments-in-houses, subject to parking availability.
5.2.2 However, these provisions could ensure that sustainable design is incorporated into
new subdivision proposals through such means as the design, unit mix layout or
servicing of new subdivisions to promote energy conservation and having a provision for
pedestrian walkways, transit accessibility and bicycle paths. Policies for sustainable
design would be considered through the Official Plan review process.
6.0 EMPLOYMENT LANDS
6.1.1 As of January 1, 2007, municipalities now have the right to refuse proposals to convert
employment lands into other uses, with no right to appeal such a refusal to the OMB.
An area of employment is defined in the Planning Act as "manufacturing uses;
warehousing uses; office uses; retail uses that are associated with the above uses; and
facilities that are ancillary to these uses".
REPORT NO.: PSD-077-07
PAGE 9
6.1.2 It should be emphasized that such provisions only came into effect for applications filed
since January 1, 2007. Official Plan policies dealing with areas of employment must be
reviewed through the five year comprehensive Official Plan review. The introduction of
these requirements, allows municipalities to protect employment land from adhoc
applications for redesignation. Employment land conversions are only through a
comprehensive Official Plan review.
7.0 COMMUNITY IMPROVEMENT PLANS
7.1 Bill 51 has expanded the definition of community improvement to include construction
and improvements to energy efficiency. The eligible costs for community improvement
plan grants and loans has also been clarified and includes environmental site
assessment and remediation, construction and reconstruction of lands/buildings for
rehabilitation purposes, and the provision of energy efficient uses. Municipalities have
the ability to register agreements concerning grants and loans on title of the land.
7.2 The definition of community improvement has been clarified to include the provision of
affordable housing. In order to take advantage of the new community improvement plan
provisions, the Municipality's Official Plan and Community Improvement Plan policies
should be reviewed in the context of the future Official Plan review.
8.0 CHANGES TO THE CONSERVATION LAND ACT
8.1 Provisions in the legislation help to protect the environment by improving the use of
conservation easements. A conservation easement is a restriction registered on title
that protects important natural features by limiting development or restricting certain
land uses for the term of the easement. Conservation easements have been used
previously, but now the purposes for which conservation easements may be established
have been expanded to include protection of water quality and quantity, watershed
protection and management, and other purposes as necessary to support the long-term
stewardship and protection of agricultural lands, natural heritage areas and important
watershed features on private lands.
9.0 TRANSITION
9.1 The changes to the Planning Act noted above came into full force and effect on January
1, 2007. Changes to the Conservation Land Act came into effect in October of 2006.
Planning applications, matters and proceedings commenced prior to January 1, 2007
are not subject to Bill 51, The Planning and Conservation Land Statute Law Amendment
Act, 2006. Planning applications, matters and proceedings commencing on or after
January 1, 2007 are subject to the changes resulting from Bill 51. However, Bill 51
requires that as of January 1, 2007, Council's decisions must be consistent with
Provincial Policy Statements and conform to provincial plans that are in effect on the
day that the decision is made.
REPORT NO.: PSD-077-07
PAGE 10
10.0 CONCLUSION
10.1 Through the legislative changes that have occurred through the enactment of the
Planning and Conservation Land Statute Law Amendment Act, 2006, opportunities have
been presented providing municipalities with additional authority to realize provincial
and municipal planning objectives to create better designed, sustainable communities.
Since the release of the Bill 51 Regulations, staff have been working to implement
changes to the planning process brought about by the new provincial legislation.
Through the Official Plan review one of the early phases will be to report to Council on
the best approach for implementing these regulations in Clarington. It is recommended
that Council pass the attached by-laws to delegate authority to determine "complete"
applications and to mandate pre-consultation prior to submitting an application.
Attachment:
Attachment 1 -
Attachment 2 -
Delegating By-law
Pre-consultation By-law
Attachment 1
To Report PSD-077-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007 -
being a by-law passed under Section 23.1 of the Municipal Act thereby
delegating to staff the authority to make decisions on whether planning
applications submitted pursuant to the Planning Act and Conservation Land
Statute Amendment Act, 2006 are deemed complete
WHEREAS The Planning Act and Conservation Land Statute Law Amendment Act,
2006 received Royal Accent on October 19, 2006 and was proclaimed in effect on
January 15\ 2007;
AND WHEREAS said Act amended the Planning Act thereby requiring Council to notify
applicants within thirty (30) days from receipt of an application that said application is
deemed complete;
AND WHEREAS Section 23.1 of the Municipal Act provides Council with the general
authority to delegate to a person or body various non-judicial responsibilities; and,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington hereby enacts as follows:
1. The powers of the Council of the Corporation of the Municipality of Clarington
under Section 23.1 of the Municipal Act are hereby delegated to the Director of
Planning Services to make decisions on whether planning applications submitted
pursuant to the Planning Act and Conservation Land Statute Amendment Act,
2006 are deemed complete.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L Barrie, Clerk
Attachment 2
To Report PSD-077-07
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2007 -
being a By-law to require all land owners/applicants to pre-consult with municipal
planning staff prior to the submission of applications, plans and drawings to the
Municipality of Clarington for all Official Plan Amendments, Zoning By-law
Amendments, Draft Plans of Subdivision, Draft Plans of Condominium and Site
Plans
WHEREAS The Planning Act and Conservation Land Statute Law Amendment Act,
2006 received Royal Accent on October 19, 2006 and was proclaimed in effect on
January 1st, 2007;
AND WHEREAS said Act amended the Planning Act to include a requirement for
Municipality's to conduct pre-consultation of development applications;
AND WHEREAS Council deems it appropriate to require pre-consultation with all
applicants submitting applications, plans and drawings to the Municipality of Clarington
for all Official Plan Amendments, Zoning By-Law Amendments, Draft Plans Of
Subdivision, Draft Plans of Condominium and Site Plans; and,
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington hereby enacts as follows:
1. For the purposes of interpretation of this By-law:
"Pre-consultation" means the process whereby prospective development
applicants consult with municipal staff prior to their formal application submission,
in order to ascertain the municipality's information requirements including but not
necessarily limited to studies, technical reports and drawings.
2. Pre-consultation with municipal staff shall be undertaken prior to the submission
and acceptance of applications, plans and drawings by the Municipality of
Clarington for all Official Plan Amendments, Zoning By-law Amendments, Draft
Plans of Subdivision, Draft Plans of Condominium and Site Plans.
BY-LAW read a first time this
day of
2007
BY-LAW read a second time this
day of
2007
BY-LAW read a third time and finally passed this
day of
2007
Jim Abernethy, Mayor
Patti L Barrie, Clerk