HomeMy WebLinkAboutCSD-16-053 - Potential Delegation of Regional Approval of Official Plan Amendments
REPORT TO: Planning & Strategic Initiatives Committee
DATE OF MEETING: October 3, 2016
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
WARD(S) INVOLVED: City Wide
DATE OF REPORT: August 26, 2016
REPORT NO.: CSD-16-053
SUBJECT: POTENTIAL DELEGATION OF APPROVAL OF
AMENDMENTS TO KITCHENER’S OFFICIAL PLAN
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RECOMMENDATION:
That Council endorse in principle pursuing approval authority for the approval of
amendments to Kitchener’s Official Plan;
AND FURTHER that Staff be directed to investigate the feasibility and
implications of being delegated approval authority for amendments to Kitchener’s
Official Plan and report back before the end of 2017.
BACKGROUND:
Last February the Region of Waterloo prepared Report PDL-16-01 (Appendix A) about
potential delegation of various planning approvals to the area municipalities if
requested. In response to the report, Regional Council endorsed the following
resolution:
That the Regional Municipality of Waterloo advise the Area Municipalities that the
Region will consider the delegation of additional Planning Act approval authority
upon the receipt of formal requests from an Area Municipal Council, in
accordance with the terms of conditions approved by Regional Council, as
described in Report PDL-16-01, dated February 23, 2016;
And That Regional staff report back with delegation requests made by Area
Municipalities for formal consideration by Regional Council.
Since that time the councils of the City of Cambridge and the three of the Region’s
townships have passed similar resolutions which support in principle obtaining
delegated approval authority for official plan amendments, plans of subdivision, plans of
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condominium and part lot control exemptions and have directed staff to investigate the
implications and to report back. Senior staff from the City of Waterloo and the Township
of North Dumfries have confirmed that they will be approaching their respective
Councils regarding this matter but no timelines have been established.
Unlike other area municipalities in Waterloo Region the City of Kitchener is already the
delegated approval authority for all of the aforementioned Planning Act approvals
except for official plan amendments. Staff is seeking Council’s endorsement to analyse
the implications of obtaining approval authority for official plan amendments and to
report back before the end of 2017.
REPORT:
The City of Kitchener was delegated approval authority for Plans of Subdivision, Plans
of Condominium and Part Lot Control Exemptions in 1998. By all known accounts this
arrangement has worked well. These changes streamlined the processing of various
approvals and there is no indication that the outcome of an application was ever
negatively affected by the process changes. Staff do not recall receiving any complaints
on the process changes but there have been comments of support over the years,
usually to express a preference for the Kitchener model compared to that of other area
municipalities where more decision-making is made by the Region of Waterloo.
Based on this track record staff is optimistic that the delegation of approval of
amendments to Kitchener’s Official Plan would also be successful. It also makes sense
for the City of Kitchener to carry out this function if other area municipalities do the
same. Approval authority of new Official Plans would remain with the Region of
Waterloo as the Province of Ontario’s delegated authority.
It is noted that obtaining approval authority for official plan amendments is more
complicated and less certain compared with the other planning approvals mentioned in
this report. In the case of the other planning approvals there are enabling regulations
under Planning Act. For some reason that remains unclear despite efforts to obtain an
explanation, the relevant regulation under the Planning Act (O. Reg. 699/98 as
amended) does not list the Region of Waterloo as one of the upper tier municipalities
that is authorized to delegate this approval authority. Five other regions including
Halton, York, Peel, Durham and Niagara are listed under the regulation and many area
municipalities in these regions have obtaining the authority to approval local official plan
amendments.
Therefore, the initial focus would be to investigate the likelihood and implications of
amending the relevant regulation under the Planning Act. Staff will endeavour to work
with the other municipalities in the Region on this matter with the view that a joint/group
approach for dealing with the Government of Ontario will be more effective. Staff will
not analyse other potential implications of obtaining this approval authority until there is
certainty the necessary amendments to the relevant regulation under the Planning Act
will take place.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The review will determine if one or more of the strategic directions related to Strategic
Plan Priority No. 5 (Effective and Efficient City Services) will be supported with a
process change, particularly Strategic Direction 5.2 (Improve the design and delivery of
city services so that they provide what citizens want in the most reliable, convenient and
cost-efficient way).
FINANCIAL IMPLICATIONS:
No financial implications have been identified at this time.
COMMUNITY ENGAGEMENT:
INFORM – This report has been posted to the City’s website with the agenda in
advance of the council / committee meeting.
ACKNOWLEDGED BY:
Michael May, Deputy CAO (Community Services)
Attachment:
Appendix “A” - Region of Waterloo Report PDL-16-01
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Appendix A
Report CSD-16-053
Excludes Attachments
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