HomeMy WebLinkAboutCSD-17-084 - By-Law to Authorize Section 37 Agreements Under the Planning Act
REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: September 11, 2017
SUBMITTED BY: Michael May,Deputy CAO, Community Services,
519-741-2200 ext. 7079
PREPARED BY: Alain Pinard, Director of Planning, 519-741-2200 Ext 7319
WARD(S) INVOLVED: All
DATE OF REPORT: August 30, 2017
REPORT NO.: CSD-17-084
SUBJECT: By-law to Authorize Section 37 Agreements under the
Planning Act
____________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute agreements pursuant to
Section 37(3) of the Planning Act satisfactory to the City Solicitor, for the purpose
of securing the provision of facilities, services or matters given to the
municipality in return for increases in the height and density of development
pursuant to Section 37(1) of the Planning Act.
BACKGROUND:
The purpose of this report is to request Council to authorize the Mayor and Clerk to
execute agreements pursuant to Section 37 of the Planning Act to implement Official
Plan policies that enable specified bonussing provisions for developments that have
received approval. The City of Kitchener uses this tool and to date authorization has
been obtained for each individual development. The recommended authorization would
apply to
bonussing requirements.
REPORT:
What is Section 37 of the Planning Act?
Section 37 of the Planning Act grants municipalities the authority to increase height and
density beyond the limits set out in zoning by-laws in exchange for the provision of
facilities, services and matters specified in the by-law. By-laws that authorize this
-ed in a
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This tool is further explained in the attached guide (Appendix
.
The City of Kitchener uses this Planning Act tool. Past and current official plans and the
current zoning by-law contain enabling provisions, and there is direction from Council to
expand bonussing provisions through the comprehensive review of the Zoning By-law
(CRoZBy) project that is underway.
enter into an agreement to secure the benefits of the bonus and to register it against the
lands so that it is binding to subsequent owners. It is widely accepted that this is a
sound practice and staff support its continuance.
What would change?
The only operational change is that a separate request to authorize the execution of an
agreement would not have to be obtained each time this tool is used for a development
project that has already received all of the necessary approvals. The resulting
operating efficiencies (less process) would be greatest in cases where development
projects do not require approvals from Council (e.g. site plan approval only). Seeking a
separate authorization for an agreement for a development that has otherwise all been
approved can add 6 weeks of processing time depending on the committee and Council
meeting schedule. More development proposals of this variety are anticipated in the
near future, especially in the downtown area where the Development Charges
exemptions will expire on March 1, 2019.
The authorization to execute the agreements being sought does not encumber
decisions on future bonuses in any way. It simply authorizes the agreements to secure
bonuses that would be realised through approved developments in accordance with
approved policies and regulations.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority 5 Effective and Efficient City Services
Strategy 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:
None
COMMUNITY ENGAGEMENT:
INFORM
advance of the council / committee meeting.
REVIEWED BY: Larry Tansley, Legal Services
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
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