HomeMy WebLinkAboutCSD-17-001 - Bill 73 Update
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: February 13, 2017
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Della Ross, Manager of Development Review, 519-741-
2200 ext 7327
WARD(S) INVOLVED: All
DATE OF REPORT: January 25, 2017
REPORT NO.: CSD-17-001
SUBJECT: Smart Growth for Our Communities Act, 2015 (Bill 73)
Planning Act Changes
______________________________________________________________________
RECOMMENDATION:
For Information
REPORT:
On July 1, 2016, Bill 73
Royal Proclamation and is now in force and effect. The aim of the Act is to help
municipalities recover more costs, enhance transparency and accountability, and
support higher density development. This report provides an overview of changes to the
Planning Act that will require Council consideration and the next steps to consider these
changes.
Two Year Moratorium on Amendments
or
on amendments to a new Official Plan and acomprehensive zoning bylaw
passed within three years of the new Official Plan. The moratorium is not in place until
the new Official Plan and Zoning By-law are approved.
There is also a moratorium on consideration of a minor variance for a two year period
following the approval of an applicant initiated zoning by-law amendment on the same
property.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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The intent of the two year moratorium on appeals is to allow municipalities to implement
their new documents without having to contend with immediate requests or pressure for
amendments.
While staff agrees that this may be an advantage for some sections of the documents it
may not be in the best interests of the municipality to stop all amendments. Some
amendments may be good planning and the city may miss appropriate development
opportunities with a total moratorium.
Since the moratorium is not in effect until our new Official Plan or comprehensive zoning
by law are approved, staff is proposing to prepare a report to council with options for
considering the moratorium. Municipalities continue to have the ability to make
municipally-initiated amendments and passresolutions to allow applications to proceed
during the resolution can relate to specific applications, a class of
applications or applications generally. The future report will include situations where a
moratorium may or may not be beneficial as well as procedural options.
Additional Criteria for Minor Variances
Presently Section 45 identifies the requirements/tests for a minor variance to the zoning
by-law. In addition, Planning staff has developed procedures to ensure variances for
use meet certain strict criteria.
The changes to the Planning Act allow municipalities to establish by by-law, additional
criteria that may be more reflective of the local context. The regulations to Bill 73 do not
provide any criteria or direction to municipalities at this time. However, there may be
additional information coming in the future from the Province, including a definition of
minor variance which may provide some direction.
At this time there does not seem to be any concern with the process that the city is
presently using to make recommendations on minor variances, but staff will come back
with a future report with some options for Council once there is additional information
from the Province.
Alternative Dispute Resolution
Changes to the Planning Act provide municipalities with the ability to determine, after an
appeal is made, if Alternative Dispute Resolution (ADR) is appropriate prior to sending
an appeal to the OMB. The intent is to enhance opportunities to resolve disputes locally
before appeals are forwarded to the OMB, which could help avoid potentially costly
hearings. If ADR is initiated, there is a 60 day pause in the process to work through
disputes.
Planning staff already participate in issue resolution on development applications before
bringing recommendations to Council. As well, the applicant (or any party) can refuse
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for ADR to be ineffective. Staff will
do some additional research on ADR and report back to Council on options.
ALIGNMENT WITH THE CITY OF KITCHENER STRATGIC PLAN:
This report aligns with the Strategic Plan as review of the Planning Act ensures the
implementation of many of our community priorities, including Development, Quality of
Life and Community Engagement.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Inform
council/committee meeting.
CONCLUSION:
This information report introduces several recent changes to the Planning Act which
may require direction from Council. Staff will be reviewing these changes in more detail
andreport back to Council to provide more detailed information and recommendations
on each of the proposed amendments.
ACKNOWLEDGED BY:Michael May, Deputy CAO (Community Services)
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