Matthew Stephenson, Director, Building/Planning/Waste Services Implementing Planning Act Changes Bill 73, Smart Growth for Our Communities Act

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1 Meeting date: February 21, 2017 Department: Prepared by: Reviewed by: SUBJECT: Building and Planning Jennifer Huff, Planner COUNCIL REPORT Matthew Stephenson, Director, Building/Planning/Waste Services Implementing Planning Act Changes Bill 73, Smart Growth for Our Communities Act RECOMMENDATION: It is recommended that Council authorize the submission and processing of all minor variance applications submitted within two (2) years of a site-specific zoning by-law amendment. BACKGROUND On July 12, 2016 a memo was presented to the Council of the Municipality of Strathroy-Caradoc providing a brief summary of changes to the Planning Act through Bill 73: The Smart Growth for Our Communities Act. Staff committed to follow up this memo with a more detailed analysis of the changes and the implications of such changes. Accordingly, a TABLE has been prepared that summarizes the key changes made to the Planning Act and provides commentary on whether such changes are required to be dealt with in the short, medium or long term, and outlines the actions required in relation to each change. This TABLE is attached to the memo below. To summarize the findings of the TABLE, a number of administrative changes have already been made by staff in order to implement the changes to the Planning Act. In addition, a number of changes will become subject to consideration by staff and Council at the time of the next Official Plan review. Several changes require no further action on the part of the Municipality. One change, being the introduction of a two (2) year time-out for minor variances, does require consideration by Council at this time as detailed below. COMMENTS The Smart Growth for Our Communities Act has introduced a two (2) year time-out for minor variances which limits the ability for a minor variance to be granted within two (2) years of an applicant-initiated zone change. The intent of this provision is to provide greater control to municipalities, prevent zoning provisions that Council determines to be important from being reversed through the minor variance process for 2 years, and to increase stability by affording municipalities to implement site-specific zoning by-laws. Page 1 of 2

2 The Act does, however, provide Municipalities the ability through Council resolution, to allow minor variance applications to proceed on a case-by-case basis, by resolution to permit a certain class of minor variance applications or, by resolution to permit all minor variance applications to proceed within the 2-year time frame. It is staff s estimation that the introduction of a two-year time-out for minor variances would add at least three (3) weeks to the length of the approval process for these types of applications. By way of background, since 2013, there have been approximately 60 minor variance applications made to date within the Municipality. Of those, only three (3) appear to have been made within two (2) years of a zoning by-law amendment. The purpose of these three applications were to facilitate unique house plans within a new subdivision (2) and to address a change in a development proposal (1). While in some areas of the Province, there may be attempts to circumvent the intended planning process by stacking planning approvals, this does not appear to be the case within the Municipality of Strathroy- Caradoc. In addition, both zoning and minor variance applications are evaluated by the same planning staff, which provides for continuity in the evaluation process. Finally, it is noted that an applicant could choose to wait for the expiration of the two (2) year time frame in order to proceed with a minor variance application or could apply for a zone change application to deal with the matter instead. Accordingly, in order to maintain the Municipality s efficiency in administering the planning process and in order to provide flexibility to applicants, it is recommended that Council endorse a resolution that permits the consideration of all minor variance applications within two (2) years of an applicant initiated zoning by-law amendment. FINANCIAL IMPLICATIONS None ATTACHMENTS Table Summarizing Planning Act Changes Page 2 of 2

3 Planning Act Change 1. Planning Advisory Committees (PACs) All upper-tier municipalities and single-tier municipalities in southern Ontario are now required to establish PACs All PACs (whether required/discretionary) must have at least one citizen member Type of Planning Application: N/A 2. Enhanced Requirement for Public Input The OMB must now have regard to all information received by the municipality for non-decision appeals, including both written and oral submissions Action Requirements (lower-tier municipalities are not required to establish a PAC). LONG TERM: Staff / Council could consider the establishment of a PAC in the future. NO ACTION REQUIRED relates to obligation of OMB only. Type of Planning Application: Official Plans (OP); Official Plan Amendments (OPA); Zoning By-law Amendments (ZBA); Zoning By-laws (ZB); Plan of Subdivisions (PSUB); Consents; and Minor Variances (MV) 3. Enhanced Alternative Notice Provisions Permits notice by Requires owners of multi-tenant (7+ tenants) buildings to post notice where all tenants can see it Simplified newspaper / sign notice requirements Allows municipalities to develop OP policies that set out alternative notice procedures Decisions are now required to be circulated only to those who requested it / ZBA / ZB / PSUB CONSENTS & MV 4. Requirement to Explain Effect of Public Input Municipalities and approval authorities are now required to explain t h e effect of public input, if any, on planning decisions ACTION TAKEN ALREADY - Clause has been added to public notices requesting owners to post in multi-tenant buildings, where relevant.. Staff may choose to use simplified notice procedures. MEDIUM TERM - Staff to consider enhanced notice procedures as part of a future Official Plan review. ACTION TAKEN ALREADY - Clause has been added to all Decision notices clarifying that written and oral submissions have been taken into consideration for each decision. ZBA / ZB / PSUB / CONSENTS & MV Page 1 of 7

4 5. Requirement to Include Public Consultation Policies in Official Plans Municipal official plans must now include a description of measures and procedures for informing and obtaining views of the public on OPAs, zoning bylaws, plans of subdivision and consents Type of Planning Application: OPA / ZBA / ZB / PSUB & CONSENTS 6. PPS Review Cycle- 10 Years PPS review cycle changed from 5 to 10 years (Official Plan already includes policies on public consultation measures and provides for alternate procedures where deemed appropriate). MEDIUM TERM - Staff may consider the inclusion of additional alternative public consultation measures as part of a future Official Plan Review NO ACTION REQUIRED relates to obligation of Province only. Type of Planning Application: N/A 7. Requirement to Submit Draft OP/OPA to Ministry of Municipal Affairs (MMA) Municipalities must now provide a copy of a proposed OP / OPA to MMA at least 90 days prior to notice of public meeting (where MMA is the approval authority and the OP is not exempt from approval) NO ACTION REQUIRED The County of Middlesex is the approval authority for Strathroy- Caradoc OPs / OPAs. 8. Upper-/Lower-Tier Conformity Prevents certain approvals and appeals of lower-tier OP / s. 26 OPA unless it conforms with upper-tier in effect/adopted OP / s. 26 OPA Decision of upper-tier respecting conformity of lower-tier OP / OPA is not subject to review of the OMB. SHORT - LONG TERM The County should be consulted on all future OP s / OPAS to ensure conformity. Page 2 of 7

5 9. 10-Year Review Cycle for New Official Plans New Official Plans must be reviewed and revised, as necessary, within 10 years of coming into effect Type of Planning Application: OP Year Time-out New Official Plans and Zoning By- laws No privately-initiated applications to amend a new official plan or zoning by-law for 2 years, unless supported by municipality Type of Planning Application: OP / ZB 11. New Provincial Interest- Built Form Section 2 of Planning Act now includes new provincial interest relating to built form built form that is well designed, encourages a sense of place, provides for public places that are of high quality, safe, accessible, attractive and vibrant Official Plans are now required to contain policies related to the built environment ZBA / ZB / PSUB / CONSENTS & MV 12. Protection of Employment Lands Municipalities are no longer required to revise their employment land policies / designations during each five-year review Official Plan review process. Type of Planning Application: OP. STAFF ARE NOT ANTICIPATING THE CREATION OF A NEW OFFICIAL PLAN. LONG TERM 10-year review cycle would begin upon approval of a new Official Plan.. STAFF ARE NOT ANTICIPATING THE CREATION OF A NEW OFFICIAL PLAN OR A NEW ZONING BY-LAW. LONG TERM: For consideration at the time of a new Official Plan and new Zoning By-law comes into effect. -Strathroy-Caradoc Official Plan already includes policies relating to urban design / built form. MEDIUM TERM: Staff to consider enhanced policies relating to urban design / built for at the time of the next Official Plan review. MEDIUM TERM: Staff may consider the need to review their employment land policies / designation at the time of the next Official Plan review. Page 3 of 7

6 Day Time-Out for OP / OPA Approval authority and adopting municipality / applicant can agree to a pause of up to 90 days in the 180-day decision timeline for approving an Official Plan / OPA to provide for mediation. 14. No Appeal of Specific Provincial Approvals: MEDIUM TERM: Staff to consider the need for a time-out at the time of the next Official Plan / Official Plan Amendment. NO ACTION REQUIRED. No appeals of OPs / OPAs that implement specific provincially-approved matters Provincially- approved matters that relate to SC / Middlesex County: Boundary of a vulnerable area as defined in Clean Water Act, 2006 Forecasted population and employment growth in lower-tier official plan in accordance with an allocation in the upper-tier municipality s official plan that has been approved by the Minister Boundary of an area of settlement in lower-tier official plan to reflect the boundary set out in the upper-tier municipality s official plan that has been approved by the Minister 15. No Appeal of Second Units NO ACTION REQUIRED. Change removes ability to appeal second unit policies at time of an OP update Type of Planning Application: OP 16. No Ability to Appeal Entire New Official Plan NO ACTION REQUIRED. Change removes ability for an appellant to appeal an entire official plan Type of Planning Application: OP Page 4 of 7

7 17. Limit Open-Ended Appeals for Non-Decisions Changes allow approval authorities to establish an optional 20-day time limit for additional appeals, following an appeal of a non-decision of OPs / OPAs Notice to be provided to all those who would receive Notice of Decision 18. Clearer Reasons for Appeals Appellants now must explain the reasons for an appeal in respect of provincial / local policies. Failure to do so means that appellant may not be able to argue the issues before OMB. SHORT TERM NO ACTION REQUIRED AT MEDIUM TERM For consideration by Council at the time of a future non-decision appeal is made and is to be evaluated on a case by case basis. Revisions to the Notice of Decision would be required. NO ACTION REQUIRED relates to obligation of appellants only. There is no statutory notice requirement relating to this change at this time. Decision notices already indicate that the appeal letter must set out the reasons for the appeal. / ZBA / ZB / PSUB / CONSENTS & MV 19. Alternative Dispute Resolution (ADR) - 60-day Time-Out Changes allow council or approval authority to determine, after an appeal is made, if ADR is appropriate prior to sending the appeal record to OMB. If ADR is initiated, a 60-day time-out would apply to allow a pause in the process to work out disputes and potentially avoid an OMB hearing The time period to forward appeal record to the OMB would be extended to 75 days (i.e., 60 days for ADR and 15 days to forward the record) Notice concerning the ADR must be given to all appellants Invitation to participate in ADR must be given to the applicant, appellants and others Participation in ADR is voluntary SHORT TERM NO ACTION REQUIRED AT MEDIUM TERM For consideration by Council at the time of a future appeal is made and is to be evaluated on a case by case basis. A new notice regarding ADR would be required. / ZBA / ZB / PSUB / CONSENTS & MV Page 5 of 7

8 20. 2-year Time-out for Minor Variances Removes the ability to apply for a minor variance for 2 years following the passing of an applicant-initiated zoning by-law amendment, unless application is permitted by Council (through resolution) Type of Planning Application: MV 21. Additional Criteria for Minor Variances New authority for Province to establish additional minor variance criteria through provincial regulation. New municipal authority to establish additional minor variance criteria Type of Planning Application: MV 22. Reporting for Parkland Fees Municipal treasurers now required to provide council with an annual financial statement, that is available to the public, related to parkland monies SHORT TERM ACTION IS REQUIRED: Consideration of resolution to permit minor variances within 2 years following the passing of an applicant-initiated zoning by-law amendment. Resolution contained within subject report. SHORT TERM NO ACTION REQUIRED AT MEDIUM-LONG TERM For future action if Province releases additional minor variance regulation or if municipality chooses to establish minor variance criteria. MEDIUM TERM for consideration by Finance Department to ensure reporting requirements are met. Type of Planning Application: PSUB / CONSENTS 23. Alternative Parkland Dedication Rate for Cash-in-lieu Dedications Maximum alternative parkland rate changes from 1 ha for every 300 units to 1 ha for every 500 units for cash-in-lieu No change to standard rate if based on percentage of land in a development MEDIUM TERM For consideration during review of the Municipal Parkland Dedication Bylaw and related OP policies. Type of Planning Application: PSUB / CONSENTS Page 6 of 7

9 24. Parks Plans Requirement Requirement for municipalities to develop parks plans, in consultation with school boards and, as appropriate, the public, prior to adopting new / updated alternative parkland official plan policies Not required if municipalities use standard 2% and 5% dedication rates. MEDIUM TERM For consideration during review of the Municipal Parkland Dedication Bylaw and related OP policies. Type of Planning Application: PSUB / CONSENTS Page 7 of 7