HomeMy WebLinkAboutPD Report 2016-06-27
Planning & Development Committee
Report to Council
Report to Council Meeting of July 4, 2016
Subject: Planning & Development Committee Meeting of Monday, June 27, 2016
Recommendations:
1. Jeffrey A. Abrams, City Clerk, City of Vaughan – Requested
Amendment to the Planning Act to Address Issues With Official Plan
Amendments that Follow the Completion of a Comprehensive Official
Plan Review
That the following City of Vaughan resolution, regarding a requested amendment to
the Planning Act to address issues with Official Plan Amendments that follow the
completion of a Comprehensive Official Plan Review, be endorsed by the
Municipality of Clarington:
Whereas, the Ontario Planning Act allows landowners to apply for official
plan amendments at any time subject to the requirement for a complete
application; and
Whereas, municipalities are required to process any such official plan
amendment applications; and
Whereas, if a municipality fails to process such application or refuses the
application, the applicant has the right to appeal to the Ontario Municipal
Board; and
Whereas, the number of such applications has become more frequent in
recent years; and
Whereas, Council and community members are becoming more and more
frustrated in dealing with such amendment requests; and
Whereas, the Vaughan Official Plan 2010, which emerged from the City’s
previous Municipal Comprehensive Review, resulted in appeals that are
complex, difficult, time-consuming and costly to resolve; and
Page 1
Planning & Development Committee
Report to Council
Whereas, municipalities are required to review their Official Plans every five
(5) years as per the Planning Act, and will have to take into account the
requirements of the Places to Grow Act and other Acts and Plans; and
Whereas, Bill 73, an Act to amend the Development Charges Act, 1997, and
the Planning Act, provides that during the two year period following the
adoption of a new official plan, applications for amendments to the official
plan will only be permitted with the approval of the municipal council; and
Whereas, there is a desire to ensure that there is a stable planning
framework between official plan reviews that members of the public can rely
on to define their communities and shape their investment decisions, without
the need to consider piecemeal amendments to the plan.
NOW THEREFORE BE IT RESOLVED:
1. That the Planning Act and other Acts as necessary be amended, to
provide that once an official plan, or amendments resulting from a
Municipal Comprehensive Review, is approved by the pertinent approval
authority, municipalities be given the right to decline consideration of any
applications to amend the approved Plan;
2. That such applications be held in abeyance until the next Municipal
Comprehensive Review, and that the applicants no longer have the right
to appeal the municipality’s refusal to consider such Official Plan
amendment applications to the Ontario Municipal Board until their
consideration at the next Municipal Comprehensive Review;
3. That once an official plan, or amendments thereto resulting from a
Municipal Comprehensive Review, is approved by the pertinent approval
authority and the appeal period has closed following the issuance of the
Notice of Decision, the disposition of the appeals be expedited by the
Ontario Municipal Board such that they be resolved, generally, within one
year of the first pre-hearing conference;
4. That in cases where a municipally initiated study such as a secondary
plan or transportation study is underway that municipalities be provided
the discretion under the Planning Act to determine whether or not a
complete development application in the same area should proceed to
consideration at a Statutory Public Hearing or to a Committee of Council;
and
For Council Meeting of July 4, 2016 Page 2
Planning & Development Committee
Report to Council
5. That this resolution be circulated to:
• The Minister of Municipal Affairs and Housing;
• The Regional Municipality of York;
• GTA Municipalities;
• The Honourable MP Deb Schulte;
• The Honourable MP Francesco Sorbara; and
• The Honourable MPP Steven Del Duca, Minister of Transportation
2. An Application by W.E. Roth Construction Limited to Add a (H) Holding
Provision to the Agriculturally Zoned Lands at 8318 Maynard Road
That Report PSD-047-16 be received;
That the proposed application for Rezoning ZBA 2016-0012 submitted by W.E.
Roth Construction Limited be approved;
That the Zoning By-law Amendment be approved as contained in Attachment 1 to
Report PSD-047-16;
That once conditions contained in the Official Plan and Zoning By-law with respect
to the removal of the (H) Holding Symbol are satisfied, including the preparation of
an Archaeological Study for land to be used for residential purposes, the By-law
authorizing the removal of the (H) Holding Symbol be approved;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-047-16 and Council’s decision; and
That all interested parties listed in Report PSD-047-16 and any delegations be
advised of Council’s decision.
3. An Application by Lesle Gibson for Removal of (H) Holding Symbol
3238 Concession Road 3, Clarke
That Report PSD-048-16 be received;
That the Application to remove the (H) Holding Symbol submitted by Lesle Gibson
be approved as contained in Attachment 1 to Report PSD-048-16;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-048-16 and Council’s decision; and
For Council Meeting of July 4, 2016 Page 3
Planning & Development Committee
Report to Council
That all interested parties listed in Report PSD-048-16 and any delegations be
advised of Council’s decision.
4. Proposed Amendment Draft Approval for Far Sight Investments Ltd.
That Report PSD-049-16 be received;
That the Amendment to Draft Plan of Subdivision S-C-2005-0002 (Far Sight
Investments Ltd.) be approved subject to conditions as contained in Attachment 1
to Report PSD-049-16;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-049-16 and Council’s decision; and
That all interested parties listed in Report PSD-049-16 and any delegations be
advised of Council’s decision.
5. Amendment to Draft Approval for 2408406 Ontario Inc. (Fourteen
Estates) for 28 Hamlet Residential Lots in the Hamlet of Newtonville
That Report PSD-050-16 be received;
That Council supports revising the park site to a 0.62 hectare site on the west side
of Street “A” and taking cash-in-lieu of parkland for the balance of the developer’s
obligation;
That extension to Draft Approved Plan of Subdivision 18T-87083, as amended to
October 27, 2018 be supported;
That the Durham Regional Planning and Economic Development Department and
Municipal Property Assessment Corporation be forwarded a copy of Report
PSD-050-16 and Council’s decision; and
That all interested parties listed in Report PSD-050-16 and any delegations be
advised of Council's decision.
6. Request that the Region of Durham Provide Sanitary Service along
Highway 2 from Sandringham to Courtice Road
Whereas Highway #2 is a Regional Road and Regional Corridor through Courtice
and is envisioned as a key area to provide density and variety of housing options
that are currently very limited in Clarington; and
For Council Meeting of July 4, 2016 Page 4
Planning & Development Committee
Report to Council
Whereas to develop the area between Sandringham and Courtice Roads, as
envisioned in the Region’s Official Plan and the regionally approved Courtice Main
Street Secondary Plan, the existing residential lots will need to be amalgamated
into development blocks and serviced with sanitary sewers which presents a
significant impediment to redevelopment; and
Whereas sanitary sewers are a necessary pre-cursor to redevelopment and are
within the exclusive jurisdiction of the Region; and
Whereas unless Regional sanitary services are installed within this portion of the
Regional Corridor, economic development of the corridor as envisioned in the
approved Regional and local planning documents and Courtice Community
Improvement Plan cannot be achieved;
Therefore be it resolved that the Municipality of Clarington requests that the Region
of Durham provide sanitary service along Highway 2 from Sandringham to Courtice
Road to assist with spurring the economic development of this corridor as
envisioned by directing Regional staff to take all steps necessary to undertake
such sanitary sewer work as a local improvement in accordance with Ontario
Regulation 586/06 or any other applicable legislation to ensure the construction of
such work and recovery of all costs for such work from the benefitting landowners.
7. Preserving Trees as Part of the Planning Process
That Staff be directed to provide a report to Committee in September, 2016 as to
how we can preserve trees on a non-woodlot sized lots as part of the planning
process.
8. Options for Retaining an Air Quality Expert to Interpret Stack Test
Monitoring
That Staff be directed to report back to Committee in October, 2016 on options for
retaining an air quality expert with expertise recognized in North America to assist
Council with interpreting the ambient air and stack test reports for the Energy From
Waste Facility.
9. Courtice Waterfront Land Acquisition
That Resolution #CPD-002-16, passed in Closed Session, be ratified.
10. Appeal to the Ontario Municipal Board of a Decision of the Committee
of Adjustment of November 5, 2015
That Resolution #CPD-004-16, passed in Closed Session, be ratified.
For Council Meeting of July 4, 2016 Page 5