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HomeMy WebLinkAboutPD-80-95DX: AMEN- ACT.Gp,HE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # Date: Monday, July 10, 1995 Res. # L,, PD -80 -95 PLN 1.1.3 Report #: File #: By -law #, Subject: AMENDMENT TO PLANNING ACT IMPLEMENTATION OF BILL 163, MUNICIPALITY OF CLARINGTON FILE: PLN 1.1.3 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -80 -95 be received for information. 1. BACKGROUND 1.1 The government of Ontario's land -use planning reform and open local government legislation, Bill 163, was passed on November 28, 1994. The reform process that culminated in the 1994 amendments to the Planning Act was the result of a number of consultation processes that took place, starting with the Commission on Planning and Development Reform in Ontario (known as the Sewell Commission). 1.2 This new planning system was intended to give municipalities more control over local land use matters, strengthen environmental protection criteria, and in general streamline the various planning processes used in evaluating planning applications. 1.3 In preparing the amendments to the Planning Act, the Province has gone so far as to illustrate the new philosophies which are embodied within the Act through the introduction of a new section, entitled the "Purpose Section" which specifically identifies the general thrust of the new Act. Individually, they are to: 583 REPORT NO.: PD -80 -95 PAGE 2 a) guide land use development through a provincial policy -led planning system; b) promote sustainable economic development in a healthy natural environment; C) provide for planning processes that are fair, open, accessible, timely and efficient; d) integrate matters of provincial interest in provincial and municipal planning decisions; and e) encourage co- operation and co- ordination among various interests. 1.4 The implementation process for Bill 163 could be best described as being in its preliminary stages. Although staff's involvement with the changes to the Planning Act has not advanced to the point where new applications have been submitted for all of the various types of applications the Municipality comments on, it would appear prudent to advise Committee and Council of the various changes effecting the Municipality. The following would summarize the amendments to the Act that required the Municipality's attention and have or will be incorporated into the various planning review processes. 2. PLANNING ACT AMENDMENTS 2.1 Decisions Consistent with Policy Statements Under the new planning system (a policy -led system), the province issues a comprehensive set of policy statements to guide both provincial and municipal decision making. The legislative change from "have regard to" to "shall be consistent with" now requires local planning decision to be consistent with Provincial Policies. 584 REPORT NO.: PD -80 -95 PAGE 3 2.2 Contents of Official Plan Under the new planning system the province will be relying on municipal official plans to implement provincial policies. The official plan will be required to address matters covered by provincial policies and other matters identified in the various regulations. This is a process that staff are currently undertaking in the preparation of the Municipality's Official Plan. 2.3 Restrictions for Residential Units Subsection 16(2) incorporates the apartment -in -house provisions from Bill 120 into the Official Plan section. In essence the Municipality's Official Plan cannot contain any provisions that would have the effect of prohibiting the erecting, locating or use of two residential units in a detached house, semi - detached house or rowhouse situated in an area where a residential use is permitted by by -law. 2.4 OFFICIAL PLANS AND OFFICIAL PLAN AMENDMENTS 2.4.1 Sections 17 and 22 of the Act were repealed and two new Sections were substituted which set out the mandatory requirements for plan preparation and a streamlined official plan approval, referral and appeal system. 2.4.2 The revised process places a greater emphasis on municipal decision making and ensures that decisions are made in a timely manner. For a person or public body requesting an amendment to the Official Plan, the Council will have six months (180 days) to adopt the amendment. During this six month period, a public meeting to discuss the proposal will be required. The public meeting in question must be called within 90 days of receipt of the application. Failure to do so could result in the applicant requesting that the amendment application be 585 REPORT NO.: PD -80 -95 PAGE 4 forwarded to the approval authority for processing. It should be noted that the 180 day timeframe does not apply to Official Plans or Amendments initiated by Council itself. At the public meeting, a copy of the "current proposed plan/ amendment" is to be made available for public input. Council may hold additional meetings, depending on the individual circumstances. There is also a new provision that requires a 14 day gap between the holding of a public meeting and the Council's adoption of the proposed plan /amendment to ensure Council the opportunity to address any concerns raised at the public meeting. It also provides the public with an opportunity to review the draft document and make Council aware of any concerns. 2.4.3 If Council adopts the proposed plan /amendment, notice of the adoption is provided and the document is sent to the approval authority, being the Region of Durham. If Council fails to or refuses to adopt a requested amendment within six (6) months, the applicant may request that the matter be forwarded to the approval authority for a decision. The approval authority then has up to 150 days to make a decision. 2.4.4 As part of the administrative streamlining measures, contents of applications are prescribed by regulation, setting out the minimum information requirements to be submitted to the approval authority. Council may, by by- law, require the applicant to provide prescribed information and materials. Council and the approval authority are given the power to refuse to accept or to further consider any application that does not contain the prescribed information. 586 REPORT NO.: PD -80 -95 PAGE 5 Staff, in consultation with the Region of Durham, are presently working on creating the appropriate by -law and application form that would contain the necessary information that is to be supplied by an applicant when an application is being filed. The new Official Plan application form will be anywhere from 15 to 19 pages in order to comply with Provincial regulations and guidelines. 2.5 ZONING BY -LAWS 2.5.1 Section 34 (1) has been expanded to include a provision to enable municipalities to prohibit development on land within significant natural and cultural heritage features as specified in the Act. This amendment should assist municipalities to implement policy statements issued by the Province under Subsection 3(1) of the Act. 2.5.2 The previous timeframe of thirty (30) days for Council to consider a request for rezoning has been amended to a more realistic timeframe of ninety (90) days to allow Council to properly assess the proposal. 2.5.3 The provisions for which the Ontario Municipal Board can dismiss an appeal without a hearing has been expanded to include situations where the appeal is not based on planning grounds, the proposed by -law is premature (public road, water or sewer services are not available to service the proposed by -law), the appeal is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay. 2.5 HOLDING BY -LAWS 2.6.1 The period for Council to consider an application to remove the holding symbol from a Zoning By -law has been 5,87 REPORT NO.: PD -80 -95 PAGE 6 increased from thirty (30) days to ninety (90) days, similar to the change for zoning amendments. 2.7 INTERIM CONTROL BY -LAWS 2.7.1 This section was amended to provide that an Interim Control By -law would remain in effect past the two year period if the municipality adopts a new Zoning By -law to implement a land use study and if the coming into force of the new by -law is delayed by appeals to the Ontario Municipal Board. 2.8 MINOR VARIANCE 2.8.1 The current provisions remain largely unchanged with the exception that the Ontario Municipal Board has been provided with the similar dismissal powers for appeals as it has for other planning applications. The Board may dismiss an appeal based on he fact that the reasons for the appeal are not based on any planning grounds, the appeal is not made in good faith, is frivolous or vexatious, or is made only for the purpose of delay. 2.9 SUNSET PROVISION FOR PART LOT CONTROL BY -LAWS 2.9.1 Section 50 was amended by adding new subsections to authorize Council to set timeframes for part lot control by -laws to expire and to provide municipal Councils with the ability to give further extensions to the by -law if deemed appropriate. 2.10 PLANS OF SUBDIVISIONS 2.10.1 The new provisions provide a revised subdivision approval process and replaces the current referral system with an appeal system. It also specifies timeframes for the approval authority (Region of Durham) to follow in the approval process. As part of the administrative streamlining measures, contents of applications are set 588 REPORT NO.: PD -80 -95 PAGE 7 out in the Act and will be prescribed by regulation, setting out the minimum information requirements. The approval authority also has the power to refuse to accept or to further consider any application that does not contain the prescribed information. 2.10.2 The amended Act also introduces timelines for the approval of a proposed plan of subdivision or condominium. The Region, as the approval authority, has six months (180 days) from the receipt of a complete application within which to make a decision on an application. In the absence of a decision, the applicant has the right to appeal the application to the Ontario Municipal Board. To meet this timeframe, the area municipalities have been asked to respond to the Region within 120 days of receipt of the application. This tight timeframe will require the internal departments to give due diligence in responding to the Planning Department on subdivision applications. 2.10.3 The amended Act introduces the requirement of a statutory public meeting being held prior to the approval of a Plan of Subdivision (not a condominium) . The Act also permits the Region to request that the statutory public meeting be held by the area municipality. Staff would confirm that the Regional Council has requested, by resolution, that the area municipalities hold the public meeting and give notice of the receipt of applications for Plans of Subdivision and Condominium. 2.11 NOTIFICATION AND PUBLIC MEETINGS 2.11.1 The provisions within the revised Act which perhaps will affect a Municipality's internal procedure the most involves the notification requirements. The revised Act establishes a number of additional circumstances under 589 REPORT NO.: PD -80 -95 PAGE 8 which there must be notification. The requirement for a public meeting for Plans of Subdivision for example is one. The Act and the regulations on notices spell out: ® when notification must occur • who receives notification • how notification is given • what the notification must contain The Municipality's responsibilities for the provision of any notification and the holding of public meetings will be revised to comply with the requirements of the new Act and regulations as issued. 3. CONCLUSIONS 3.1 As can be appreciated, the implementation of all of the changes contained within the new Planning Act, will be an ongoing task, involving the co- operation of the Municipality, Region, Provincial agencies and the general public. It is anticipated that through staffs reporting on future development applications to Committee and Council, the changes in the planning review and approval process will become evident. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development LT *FW *df 30 June 1995 Reviewed by, W.H. Stockwell Chief Administrative Officer 590