HomeMy WebLinkAboutBy-law 6161/03THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 61 61/03
Being a By-law Amending By-law Number 6013/02, in order to extend
the period of time during which the Interim Control By-law is in effect
passed pursuant to Section 38(2) of the Planning Act, R.S.O. 1990, as
amended, for lands in the City of Pickering
WHEREAS the Council of The Corporation of the City of Pickering, pursuant to
Section38(1) of the Planning Act, R.S.O. 1990, as amended, has passed
Resolution #105/02, directing that a review or study be undertaken in respect of land
use planning policies in the form of a Growth Management Study for lands being Part of
Lots 15-35, Concessions 2-5, in the City of Pickering;
WHEREAS on July 29, 2002, Council of The Corporation of the City of Pickering
passed By-law Number 6013/02, being an "Interim Control By-law" to prohibit the use of
lands, buildings, or structures for those lands designated "Interim Control Area" on
Schedule I of By-law 6013/02;
WHEREAS the Growth Management Study is expected to be completed by the end of
2003 with Council consideration in early 2004;
AND WHEREAS Section 38(2) of the Planning Act, R.S.O. 1990, as amended,
authorizes the Council of a municipality to extend the period of time during which an
interim control by-law is in effect;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
This amending By-law shall apply to all lands designated "Interim Control Area"
on Schedule I of By-law 6013/02.
Section 7 of By-law 6013/02 is amended to read as follows: "This By-law shall
take effect from the day of passing until July 29, 2004, unless repealed in
accordance with the provisions of the Planning Act, R.S.O. 1990, as amended.
BY-LAW read a first, second, and third time and finally passed this
,-I ~ n ~ ,2003.
2 3 day of
Wayne~Mayof'
Bruce Taylc~r, ~l:er~
PLANNING & DEVELOPMENT DEPARTMENT
MEMORANDUM
June 19,2003
To:
Bruce Taylor
City Clerk
From:
Neil Carroll
Director, Planning and Development
Subject:
Amending By-law
Interim Control By-law 6013/02
Extension to Timeframe
City of Pickering
BACKGROUND:
On July 29, 2002, Council passed By-law Number 6013/02, being an
"Interim Control By-law" to restrict the use of lands, buildings, or structures for
those lands designated "Interim Control Area" on Schedule I of By-law 6013/02.
This By-law was passed in order to allow the City and its consultant to undertake
a review of the land use planning polices through completion of a
Growth Management Study for the lands identified in Report to Council Number
CAO 05-02. This Study is expected to be completed by the end of this year, with
Council consideration in early 2004.
INTERIM CONTROL BY-LAW AND EXTENSION:
Section 38(1) of the Planning Act allows that where a municipality has, by by-law
or resolution, directed that a review or study be undertaken in respect of land use
planning policies, Council may pass an "interim control by-law" to prohibit the use
of land, buildings or structures within a defined area. In accordance with Section
38(3) of the Planning Act, a Statutory Public Meeting or hearing is not required
prior to the passing of an interim control by-law. However, notice of passing an
interim control by-law must be given within 30 days of passing thereof. An
interim control by-law is in effect for one (1) year from the date of passing.
Section 38(2) of the Planning Act authorizes the Council of a local municipality to
extend the period of time during which an interim control by-law is in effect,
provided the total period of time does not exceed two years from the date of
passing of the interim control bylaw.
Amending By-law Interim Control By-law 6013/02
· June 19, 2003
Page 2
As with the passing of an interim control by-law, notice of passing of an interim
control by-law extension must be given within 30 days of passing thereof. It
should also be noted that only one extension is permitted and that another
interim control by-law cannot be passed for the same lands for another
three years.
PURPOSE AND EFFECT:
The purpose and effect of this By-law is to extend the timeframe of Interim
Control By-law 6013/02, that is presently in effect, to July 29, 2004. An extension
of By-law 6013/02 restricting the use of land(s), building(s) and structure(s) in the
Interim Control Area allows the City to complete its Growth Management Study.
.As well, the extension of the interim control by-law remains in effect from the date
of passing, regardless of any appeals, until such time as a decision is rendered
by the Ontario Municipal Board.
Please note that this by-law may be given all three readings at the
June 23rd, 2003 Council Meeting.
If you require further assistance or clarification, please do not hesitate to contact
the undersigned.
I concur that this by-law
Be considered at this time.
Director, anning & Development
GrantVM'cG~egor O/-
Principal Planner- Policy
GM:Id
J:lstafflgmcgregor/interim control/Memo, intedm contmt by4aw, doc
Attachment
Copy:
Chief Administrative Officer
Solicitor for the City of Pickering
Division Head, Corporate Projects & Policy