Special Council Meeting Agenda

Transcription

1 Special Council Meeting Agenda County of Essex Council Chambers - Monday, August 2 nd, :00 PM 1. Opening Prayer 2. Roll Call Present: Also Present: Mayor Ron McDermott Deputy Mayor Richard Meloche Ward 1 Councillor Steve Bjorkman Ward 1 Councillor Randy Voakes Ward 3 Councillor Larry Snively Ward 3 Councillor Bill Caixeiro Ward 4 Councillor Sherry Bondy Jeff Watson, Policy Planner Rita Jabbour, Assistant Planner 3. Declarations of Conflict of Interest 4. Adoption of Published Agenda a) Monday, August 2 nd, 2016 Special Council Meeting Changes to the Planning Act: Smart Growth for our Communities Act, 2015 Moved by Seconded by That the published agenda for the August 2 nd, 2016 Special Council Meeting held to be advised of Changes to the Planning Act: Smart Growth for our Communities Act, 2015, be adopted as presented. 5. Presentations a) Rita Jabbour, Assistant Planner Changes to the Planning Act: Smart Growth for our Communities Act, 2015 Moved by Seconded by That the presentation by Rita Jabbour, Assistant Planner on Changes to the Planning Act: Smart Growth for our Communities Act, 2015, be received. Special Council Meeting Agenda August 2 nd, 2016 Page 1 of 2

2 6. Adjournment Moved by Seconded by That the meeting be adjourned at Special Council Meeting Agenda August 2 nd, 2016 Page 2 of 2

3 Smart Growth for our Communities Act, 2015 Highlights of Changes to the Planning Act Monday August 2 nd, 2016

4 Background Took effect on July 1 st 2016 Makes changes to the Planning Act to: Give residents more say in how their communities grow Set out clearer rules for land use planning Give municipalities more independence to make local decisions Make it easier to resolve details Make section 37 density bonusing and parkland dedication systems more predictable, transparent and accountable

5 Citizen Engagement Enhanced Requirements for Public Input and Notice OMB must have regard to all information received from the municipality in cases of non-decision appeals Municipalities can expand alternative notice procedures for additional planning matters and processes (i.e., plan of subdivision and open house) Municipalities now required to explain the impact of public input on planning decisions Official Plans must include descriptions of measures/procedures for informing and obtaining views of the public (Zoning bylaws, OPA, consents, subdivisions)

6 Citizen Engagement Public Participation OP Policies (s. 9.16) Concern all applications sanctioned under the Planning Act Notification would consist of: On site signage Newspaper and other media notices Municipal website postings Mail notification to property owners and tenants Any combination of method to meet or exceed minimum requirements of Planning Act

7 Certainty, Stability and Costs Official Plan (OP) Reviews and Updates New Official Plans must be reviewed and revised within 10 years of coming into effect and every five years thereafter 10 year cycle applies to new Official Plans only (i.e. the repeal and replacement of an OP with a new OP) 5 year review cycle remains for Town of Essex OP until new OP is adopted

8 Certainty, Stability and Costs Prevent certain approvals and appeals of lower tier OPs/s. 26 update OP amendments until it conforms with upper-tier in effect/adopted OP/ s. 26 OPA No privately initiated applications to amend a new OP or Zoning bylaw for 2 years, unless supported by the Municipality Resolutions can relate to site-specific applications, a class of applications, or applications generally Municipalities continue to have ability to make municipally initiated amendments

9 Certainty, Stability and Costs Municipalities no longer required to revise their employment land policies/designations at time of OP update OPs must now contain policies related to the built environment: goals, objectives and policies established to manage and direct physical change and the effects on the social, economic, built and natural environment of the Town

10 Dispute Resolution No appeals of Official Plans and OPAs that implement the following provincially approved matters: Boundary of a vulnerable area as defined in Clean Water Act, 2006 Forecasted population and employment growth in lower tier OP in accordance with an allocation in the upper tier municipality s OP that has been approved by the Minister Boundary of an area of settlement in lower tier OP to reflect the boundary set out in the upper tier municipality s OP that has been approved by the Minister

11 Dispute Resolution No appeals of OPs/OPAs that implement specific provincially approved matters No appeals of second dwelling unit policies No ability to entirely appeal a new OP Appellants need to explain the reasons for an appeal in respect of provincial/local policies

12 Transparency Municipal treasurers required to provide Council with an annual financial statement related to density bonusing and parkland monies that are available to the public Density bonusing are tools to allow buildings to exceed the height and density of development otherwise permitted by zoning bylaws in exchange for community benefits Maximum alternative parkland rate changes from 1 ha for 300 units to 1 ha for every 500 units for cash in lieu Alternative rate retained when land for park is being provided

13 Transparency Requirement for municipalities to develop park plans, in consultation with school boards and, as appropriate, the public, prior to adopting new/updated alternative parkland official plan policies

14 Transparency Parks plans not required: If municipalities use 2% and 5% parkland dedication rates For existing OPs already containing policies dealing with alternative parkland

15 Short Term Considerations for Town of Essex Changes allow Council or approval authority to determine, after an appeal is made, if Alternative Dispute Resolution (ADR) is appropriate prior to sending the appeal record to the OMB, and extend time for sending record where pursuing ADR Approval authority and adopting municipality/applicant can agree to extension of up to 90 days in 180-day decision and timeline for approving OP/OPA A 60 day timeout would apply to allow a pause in the process to work out disputes and potentially avoid an OMB hearing

16 Short Term Considerations for Town of Essex Changes remove ability to apply for a minor variance for 2 years following the passing of an applicant initiated zoning bylaw amendment, unless application is permitted by Council (through resolution) New authority for municipalities to establish additional criteria for minor variances through municipal by-laws