HomeMy WebLinkAboutPD 11-06
Ii\) r'¡, 2
Vir....
Ciú¡ o~
REPORT TO
EXECUTIVE COMMITTEE
Report Number: PO 11-06
Date: February 13, 2006
From:
Neil Carroll
Director, Planning & Development
Subject:
Bill 51 - Amendments to the Planning Act and the Conservation Land Act
First Reading
Ontario Municipal Board and Planning Act Reforms
EBR Registration Number AF05EOO01
Recommendation:
1.
That Pickering Council RECEIVE and ENDORSE Report PO 11-06 on Bill 51, an
Act to amend the Planning Act and the Conservation Land Act and to make
related amendments to other Acts, EBR Registration Number AF05EOO01.
That the City Clerk SUBMIT the following comments to the Environmental Bill of
Rights registry respecting Bill 51 (Registration Number AF05EOO01):
2.
(a) The City of Pickering is supportive of the direction of Bill 51, including
elements that give more authority to municipalities and increase local
control over development;
(b) The requirement to host a public open house, for all development
applications, as proposed through amendments to Sections 17 and 34, is
unnecessary and will add additional time and cost to the application review
process; and
3.
(c) The requirement to update official plans should apply to all municipalities
that currently have an official plan and not be limited to those as set out in
Subsection 17(13).
That the City Clerk FORWARD a copy of Report PO 11-06 to the Ministry of
Municipal Affairs and Housing.
Executive Summary: Bill 51, an Act to amend the Planning Act and the
Conservation Land Act and to make related amendments to other Acts, received its first
reading on December 15, 2005. Bill 51 proposes changes to certain aspects of the
planning process, including changes to the Ontario Municipal Board (OMB) process.
Bill 51 is the proposed implementation to the Discussion Papers the Province released
in June 2004 on Planning Reform. City Council provided comments on these Planning
Reforms on June 26, 2004. Also, City Council endorsed the recommendations of the
GTA Task Force on OMB Reform on April 7, 2004. Staff are pleased with the direction
of Bill 51 as many aspects of previous comments and recommendations of the Task
Force and City Council have been incorporated.
Report PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 2
O,rJ3
. {..."
It is recommended that the Province be advised that the City of Pickering is supportive
of the general direction of Bill 51 as it provides additional authority to municipalities and
increases local control over development. Concern should be expressed to the
Province on the proposed statutory requirement to host an open house in addition to the
currently required public information meeting, and the requirement that only prescribed
municipalities must update their official plan. This is the first reading of Bill 51 and
comments may be made to the Environmental Bill of Rights Registry until February 26,2006.
A copy of Bill 51 is available at the Planning & Development Department.
Financial Implications: There are no direct financial implications to the City at this
time. However, should Bill 51 pass into law as currently proposed, there will be financial
implications to the municipality in the following areas:
. increase in staff resources necessary to host the required Open House meetings;
. increase cost should Council establish a local appeal board to hear appeals related
to decisions to the Committee of Adjustment; and,
. significant cost to update the City's zoning by-law to conform with the official plan.
Background:
1.0
Introduction
The Province is undertaking a review of planning and development in Ontario.
As part of this review the Province, in June 2004, issued three discussion papers
on planning reform initiatives being: Planning Act Reform and Implementation
Tools; Ontario Municipal Board Reform; and, Provincial Policy Statement: Draft
Policies. City staff reviewed these initiatives and provided comment in
Report PO 31-04 in July 2004, and City Council forwarded comments to the Ministry
of Municipal Affairs and Housing. The City also provided comments on OMB reform
when Council endorsed the results of the GT A Task Force on OMB reform on
April 7, 2004.
Bill 51 represents the second phase of planning reform. The first phase of
planning reform was the introduction of the Strong Communities Act (Bill 26), the
2005 Provincial Policy Statements, and the Greenbelt Plan.
Or-¡'ll
' (.., Report PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 3
1.1
1.2
Planning Act Reform
Bill 51 proposing changes to the Planning Act in terms of both policy changes
and processing changes. The proposed changes include the following:
. Introduces a new provincial interest being the promotion of development that
is designed to be sustainable, to support public transit and to be oriented to
pedestrians.
. Requires that municipal and provincial planning decisions and documents be
consistent with and conform with the provincial policy statements and
provincial plans that are in existence when the decisions are made.
. Requires municipalities at a minimum of every five years to update their
official plan to ensure it conforms with provincial plans, have regard to
provincial interest and be consistent with provincial policy statements.
. Requires municipalities at a minimum of three years after the required
revision to the official plan to amend the zoning by-laws to ensure that they
conform with the official plan.
. Clarifies that municipalities are permitted to regulate both minimum and
maximum density and building height.
. Requires that, in addition to the municipality hosting a public meeting on
certain Planning Act applications, it must also host at least one open house
prior to the public meeting.
. Permits municipalities to have greater control over the exterior design of
buildings as part of the site plan approval process. The design characteristics
include the character, scale, appearance and design features of buildings and
their sustainable design. In order for the municipality to address these design
issues the municipality must first adopt official plan policies and site plan
control by-law requirements.
. Permits municipalities through subdivision applications to require applicant to
dedicate to municipalities, at no charge, not only land for highways but also'
pedestrian pathways, bicycle pathways and public transit right-of-ways.
. Other changes include the ability for the municipality to require pre-application
consultation; to specify what forms a complete application; limiting the appeal
rights for accessory apartments; and, increasing the scope of community
improvement plans.
OMB Reform
Bill 51 is proposing numerous changes to the Planning Act that will affect the role
that the OMB has on planning decisions. The proposed changes include the
following:
. Requiring the OMB to have regard to any decision made by a municipal
councilor by an approval authority.
. Requires that appeals be based on material/information that was available
and before the municipal council at the time the council made its decision.
Report PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 4
02.5
. If new information/material is permitted to be presented at an OMB hearing
due to special circumstances, the OMB will determine if this new information
would have had an impact on the council decision, and if this is the case, the
OMB may adjourn the hearing and allow the municipal council an opportunity
to review the new information/material and reconsider its decision.
. Confirms that only persons who made oral or written representation on the
application are permitted to file an appeal and may restrict adding new parties
to a hearing.
. Restricts appeals for amendments to official plans and zoning by-law
amendments involving the reduction of designated areas for employment.
. Appeals to Ministers Zoning Orders may be restricted if the Minister is of the
opinion that all or any part of the change adversely affects matters of
provincial interest.
. Allows municipalities the option to establish a local appeal body that could
hear appeals related to decisions of the Committee of Adjustment and the
land Division Committee.
. Allows the OMB to dismiss an appeal without a hearing if it is determined the
appellant has persistently and without reasonable grounds commenced an
appeal.
1.3
Conservation Land Act Reform
Bill 51 proposes changes to the Conservation Land Act in terms of providing a
wide range of basis for conservation easements. The proposed changes include
the following:
. Conservation easements are expanded to include protection of water quality
and quantity, watershed protection and management and further purposes as
may be added by provincial regulation.
2.0
Discussion
Bill 51 the Planning and Conservation Land Statute Law Amendment Act,
proposes to modify some of the land use planning process and provide additional
tools to implement provincial policies. These initiatives are to support sustainable
development, create a more transparent land use planning process, provide for
more municipal control of the decision making process, provide municipalities
increased control over development design, and make reforms to the OMB.
With respect to the Planning Act reforms, a number of the proposed changes
deal with issues/subject matters that are already being dealt with in Pickering.
These include the requirement for more sustainable development and the
consideration for accessory dwelling units. The overall vision and direction of
Bill 51 is strongly supported.
02 6Heport PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 5
Certain aspects of Bill 51 are of significant interest to the City and will warrant
more detailed investigation as the Bill proceeds. Significant elements of the Bill
are highlighted for Council's information. Section 2.1 to 2.5 inclusive, of this
report, outline aspects of the Bill that are of specific interest to the City and that
warrant more detailed investigation as the legislation proceeds. Sections 2.6 and
2.7 discuss aspects of the Bill that are of concern to Staff.
2.1
Sustainable Development
Bill 51 provides for new planning rules and planning tools to facilitate
intensification, brownfield redevelopment, sustainable development, and
environmentally sound community/design features. The strengthening of the
legislation related to sustainable development is welcomed, as it would allow the
municipality to achieve an even greater level of sustainable development.
The proposed legislation will provide municipalities with greater control to
regulate density and the character and scale of development, all of which will
give the City greater control over design matters. This is a positive change to the
Planning Act and if passed will need to be explored further in order to develop
implementation tools and standards to apply in new development.
2.2
Urban Design
Under the existing Planning Act the City has only limited control over the exterior
design of buildings. Bill 51 is proposing to give municipalities additional powers
as part of the site plan approval process. The City will have the ability to
comment on matters related to exterior design, including the character, scale,
appearance and design features of buildings, and their sustainable design. In
order to address exterior design as proposed the City must include related
design polices in the official plan.
This change would allow the City greater control in the site plan approval
process, which will permit the City to achieve a higher level of urban design. The
objective to strive for a greater degree of sustainable design is aligned with
current City initiatives.
2.3
Conservation Land Act
The proposed changes to the Conservation Land Act enhance the usability of
conservation easements to protect water quality and quantity, including the
protection of drinking water sources and watershed protection and management.
The provisions in the proposed legislation enhance environmental conservation
by improving the use of conservation easements as a tool to support the
long-term stewardship and protection of agricultural lands, natural heritage areas
and watershed features on private lands.
Report PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 6
f) r"), 7
If(..,,
The proposed changes are supportive as they provide additional clarity as to the
purpose of conservation easements, including explicitly permitting use of
conservation easements for agricultural purposes. The absence of clarity on
whether the Conservation land Act enabled conservation easements for
agricultural purposes was one of the factors that the City had to consider when
dealing with a court action associated with the agricultural easements that the
City held.
A conservation easement is a restriction, registered on the title to a property,
which protects important natural features on that property by limiting
development and/or restricting certain land uses for the term of the easement.
2.4
Updating Official Plan and Zoning By-laws
Currently, the City is to undertake a review of the official plan every five years to
determine the need for a revision to the plan. Bill 51 will require the City to revise
the official plan at least every five years to ensure it conforms to provincial plans,
have regard to matters of provincial interest and be consistent with the Provincial
Policy Statements. The five year review shall also consider polices for
employment lands as these polices must be confirmed or amended.
The zoning by-law is also required to be updated no later than three years after
the updating of the official plan. The update is to ensure the zoning by-law
conforms to the updated official plan, thereby conforming to provincial plans,
matters of provincial interest, and the Provincial Policy Statements.
This need for updating of the zoning by-law could result in the City undertaking a
comprehensive zoning by-law review to bring the zoning by-law up to date with
the official plan. This would result in a significant undertaking for the City that
would impact staff's work program, would demand allocation of significant staff
resources, and impact the department workload and budget. The financial
impact will require further review if this requirement is approved into law.
Municipal Appeal Body
2.5
Bill 51 will allow municipalities to establish a local appeal body that would hear
appeals to decisions of the Committee of Adjustment and the land Division
Committee. The constitution of a local appeal body would be subject to certain
criteria that have not yet been released by the Province. Appointees to a local
appeal body cannot be members of Councilor City staff. local appeal bodies
must operate in the same fashion that the OMB does as they will have all the
powers of the OMB in dealing with the appeals that they hear.
The establishment of a local appeal body is not mandatory, but is optional. This
option would need to be further investigated should it become legislation. If
established, a local appeal body would allow for more local decision making
which is a good option especially for residents and local neighbourhood dispute.
f\.'¡r;....g
\lL (.., . .
Report PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 7
The creation of a local appeal body may drive some development away from the
Committee of Adjustment venue as the development industry may choose the
rezoning process for its applications to ensure an appeal to the OMB is still an
option.
The administration, functioning and cost of operating the local appeal body would
be the responsibility of the City. This will place demands on the City's financial
and staff resources to perform all the administrative duties required for a local
appeal body. The establishment of a local appeal body will require further
investigation, should it be adopted by the Province, to determine whether it is
appropriate for the City to take advantage of this option. If the City chooses not
to set up a local appeal body, then the OMB would continue to hear all appeals.
2.6
Public Open House
The requirement to advertise and host an open house a minimum of seven days
prior to the statutory public meeting is not supported. This requirement to
advertise and host two meetings for: official plan amendments and rezoning
applications should not be mandated by legislation as it will require more
application administration processing. The intent of the legislation is
understandable, however, given the City's current process it is not necessary to
be incorporated into legislation. For complex or significant applications/issues,
the City already hosts information meetings and/or neighbourhood meetings. To
require this process for all applications, even the less complex applications, is
considered unnecessary.
The City's current statutory public meetings are run on a somewhat informal
basis and are flexible to ensure that there is ample opportunity for exchange of
information. The hosting of two formal meetings on applications that come
before the City would not be the most efficient use of municipal resources and
could result in a delay in the processing of applications. The City could consider
how its public information meetings are conducted to further improve the delivery
of information.
2.7
Require Municipalities to Prepare an Official Plan
Given that the thrust of the proposed legislation is to provide greater planning
control to local municipalities, there should be a requirement for all growth
municipalities in southern Ontario to prepare an official plan. Currently legislation
requires that only the prescribed municipalities referred to in Subsection 17(13)
of the Planning Act have an official plan.
The prescribed municipalities include upper tier municipalities of southern Ontario
and certain single tier municipalities. Some municipalities, other than those
prescribed, have opted to prepare official plans. It is recommended that all
growth municipalities of southern Ontario be required to have an official plan and
to update the plan.
Report PO 11-06
Date: February 13, 2006
Subject: Bill 51 - Amendments to the Planning Act
and the Conservation Land Act
Page 8
029
Prepared By:
Approved I Endorsed By:
ROS&RP~
Principal Planner - Development Review
lynda Taylor, MCIP, PP
Manager, Development Review
RP:jf
Copy: Chief Administrative Officer
Division Head, Corporate Projects & Policy
Recommended for the consideration of
Pickering Cit/ Council
, ~.
.I'