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HomeMy WebLinkAboutDSD-2022-199 - Addendum Report to DSD-2022-192 Province of Ontario More Homes for Everyone Plan Bill 109 Development Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: April 25, 2022 SUBMITTED BY: Rosa Bustamante, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Rosa Bustamante, Director of Planning, 519-741-22 ext. 7319 Natalie Goss, Manager Policy and Research, 519-741-2200 ext. 7648 Janine Oosterveld, Manager Customer Experience and Project Management, 519-741-2200 ext. 7076 WARD(S) INVOLVED: ALL DATE OF REPORT: April 21, 2022 REPORT NO.: DSD-2022-199 SUBJECT: Addendum Report to DSD-2022-192 Province of Ontario More Homes for Everyone Plan (Bill 109) RECOMMENDATION: That report DSD-2022--2022-192 Province of Ontario More Homes for Everyone Plan (Bill 109) be submitted together with report DSD-2022- Homes for Everyone Plan which includes Bill 109; proposed guidelines for the Community Infrastructure and Housing Accelerator; and the Missing Middle Housing and Gentle Density Discussion Paper. REPORT HIGHLIGHTS: The purpose of this report is to provide an update on the status of Bill 109 and outline planning and development review processes, by-laws, and policies that that will need to be reviewed as a result of Bill 109; On April 14, 2022, Bill 109 received Royal Assent and the majority of the Bill is now in effect, with the remainder coming into effect as outlined in Attachment A; The staff comments on the More Homes for Everyone Plan, including Bill 109, outlined in report DSD 2022-192 and those contained within report DSD 2022-199 will be , and; This report supports the delivery of core services. BACKGROUND: On March 30, 2022, the Province released Bill 109, the More Homes for Everyone Act; proposed guidelines for a Community Infrastructure and Housing Accelerator; and a d gentle On April 14, 2022, Bill 109 received Royal Assent and portions are now in effect. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT: This report provides an update on the Bill 109 information provided in report DSD-2022- 192 and outlines considerations for possible changes and refinements to processes, resources, by-laws and policies as a result of Bill 109 receiving Royal Assent. Attachment A is a comprehensive summary of these considerations. Bill 109 changes effective immediately Most of Bill 109 came into effect on April 14, 2022. Generally, there are no process, resourcing, by-law or policy changes that need to occur in short order in response to the portions of Bill 109 that are in effect. Staff continues to have questions and requests additional information from the Province to better understand any implications on complete application requirements for site plans and conditions of subdivisions that are pending through future Ontario Regulations. Bill 109 changes effective July 1, 2022 Delegation of site plan approval to staff is required in accordance with Bill 109 by July 1, 2022. Kitchener already utilizes delegated approval authority for site plan applications. No changes are required to the Site Plan Control By-law to enact this change. Bill 109 changes effective January 1, 2023 Effective January 1, 2023, for site plan applications that are not approved within the required Planning Act timeframe and Zoning By-law amendment (ZBA) applications (including combined Official Plan Amendment (OPA) applications) which are not decided on within the required timeframe, the application fees collected by the City are required to be refunded between 50 and 100 per cent based on the amount of time that has passed since a complete application was received by the City. The details and implications of this change are outlined in report DSD-2022-192. Processing applications within the Planning Act timelines to avoid refunding application fees will require chan development application processes, including changes to community engagement processes. Staff will assess the impacts of these changes and report back to Council on the implications as necessary. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Bill 109 may have Operating Budget Implications. The fee refund changes to the Planning Act have the potential to impact a key Planning and Engineering Division revenue source. Capital Budget The recommendation has no impact on the Capital Budget. COMMUNITY ENGAGEMENT: Community engagement for Bill 109 was outlined in report DSD 2022-192. PREVIOUS REPORTS/AUTHORITIES: DSD-2022-192: Province of Ontario More Homes for Everyone Plan (Bill 109) REVIEWED BY: Katherine Hughes, Assistant City Solicitor APPROVED BY: Justin Readman, General Manager Development Services Department ATTACHMENTS: Attachment A Process, Resource, By-law, and Policy Considerations of Bill 109 , s . law ) - d . , by slaw) may be - s, Resourcey erations Province the Minister laws, or policies at - once it has been Polic ( resource at this time consid considerations , andies law - Kitchener ProcesByconsiderations Process The annual report will be posted There are no anticipated changes to or polic Timelyplanning framework (Official Plan and Zoning Bydelayed shouldofOfficial Plansubmitted to the There are no anticipatechanges to processes, resources, bythis time. ResourceMore information is needed on the OLT process and whether or Effective DateApril 14, 2022April 14, 2022April 14, 2022 Royal Assent April 14, 2022 law, and Policy Considerations of Bill 109 upper tier - (Bill 109) to the Ontario Land period of time after need to be posted separately Change & What It MeansChangeA Development Charges statement must be made available to the public by posting it on the What it meansThe schedules that are already prepared on an annual basis and attached to a Council report will nowon the websiteChangeThe Minister of Municipal Affairs and Housing can provide notice to suspend the which there may be appeals of the failure to make a decision in respect of a plan. What it meanson the approval of Regional Official Plans or Regional Official Plan amendments.ChangeThe Minister can refer Official Plans Process, Resource, By - A (Regional LegislationAmended by Bill 109Development Charges Act, 1997Subsection 43 (2.1)Planning Act, 1990New subsections 17(40) and (55) to (64)Official Plan)New subsections 17 (55) to (64) Attachment More Homes for Everyone Act, 2022 , any . laws, to be - the fee . ns (e.g. s, Resourcey required neighbourhood Polic meeting frequency; at this time considerations and . held prior to an ) considerations , and law - policies egal and planning resources to Kitchener ProcesByconsiderationsnot there could be parties to hearing on matters referred. be referred to the OLT for a recommendation or decision, Kitchener may wish to allocate lparticipate in any hearings There are no anticipated changes to processes, byorProcess Process changes will be necessary to address refund requirements of Bill 109and may include changes to community engagement timing and processes; Planning and Strategic Initiatives Committee and Site Plan Review Committee and additional requirements for complete applicatiotechnical studies submitted, reviewed and approvedmeetingsapplication being deemed complete Resource Effective DateJanuary 1, 2023 . to the law - for a ys, the City shall (OLT) Change & What It MeansTribunalrecommendation or a decision What it meansIf the Minister refers all or parts of OLT, the OLT will make a recommendation to the Minister whether to approve the plan, parts of the plan or make modifications to the plan.ChangeNew rules around when municipalities are required to refund fees in respect of applications. What it meansIf the City fails to make a decision on a Site Plan application within 60 days, a Zoning ByAmendment (ZBA) within 90 days or an Official Plan Amendment within 120 darefund 50% of the development application fee.If the decision takes 30 days longer than the timeframe for Site Plans or 60 days longer than the timeframe for ZBAs, the City shall refund 75% of the development application fee. (Zoning 11.1) (Site Plans) LegislationAmended by Bill 109(Regional Official Plan)New subsection 34 (10.12)Bylaws)New subsection 41 ( , d , . y policies there are in target associate s, policthis new ection on a s, Resourcey ssary to or the proces will determine if Policlaw, - within target etc.). existing City ct and . by ouncil as necessary A to at this time. Once more to verify dir C , and d ongoing Planning Fee law, changes to the above may law considerations - - Kitchener ProcesByconsiderationsThrough the 2023 budget process, consideration will be needetarget completion in the timeframe required by the Planning resource implications across the corporation to meet that goal (e.g. 100 per cent with80 per cent Staff will assess the impacts of these changes and will report back to ByThe Review Studychanges are neceimplement Bill 109. There are no anticipated changes at this timeAs this is an enabling provision and not a requirement,no anticipated resource, changes is understood about toolbe necessary. 022 Effective DateApril 14, 2 ision takes 60 days Change & What It MeansIf the declonger than the timeframe for Site Plans or 120 days longer than the timeframe for ZBAs, the City shall refund 100% of the development application fee.Changeorder has been added that can be made by the Minister at the request of a municipality. What it meansCity Council may pass a resolution requesting that the Minister pass a LegislationAmended by Bill 109New detail to Section 34.1(Zoning Bylaws) , is e policies at or s, Resourcey laws, - Polic Development by e , and law - Kitchener ProcesByconsiderationsThere are no anticipated changes to processes, resources, this time. Process considerationsContinuous improvements are already being explored as part of ongoing work through thStreamlinApprovals Fund. This work Effective DateApril 14, 2022 - law - law - very 5 years. law is in effect, the City shall law occurs elaw shall be deemed to have --- arks plans is being addressed Change & What It MeansSection 34 (Zoning ByAmendments) for the purpose of accelerating community infrastructure and/or housing.ChangeA requirement for regular reviews of community benefits charge bylaws every 5 years. What it meansIf a Community Benefits Charges Byensure that a review of the CBC ByIf the City does not pass a resolution within 5 years, the CBC Byexpired 5 years after the Bywas passed.Municipalities will be required to report on how the municipal need for parks as set out within their pthrough parkland dedication levies.ChangeNew rules regarding consultations with municipalities before plans and drawings are submitted for approval and respecting completeness of applications. (Site (59) LegislationAmended by Bill 109New subsections 37 (54) to (Community Benefits Charge)Amendments to Section 41Plan) , within Staff - to the Site updates to . No to enact this regulations s, Resourcey law - Polic through Provincial Provincial additional pre site plan approval in are required (Site Plan AIP) ed approval authority for will be needed to align , and lished Control By law law considerationslaw - -- Kitchener ProcesByconsiderationstargeting principle 60 days where this timeline is not currently being met. already target a site plan review committee meeting within the 60 day timeframe. ByKitchener already utilizes delegatsite plan applicationschanges Plan change. Updates to the Site Plan Control Bywith Bill 109 requirements for complete applications once estabregulations. Policy considerationsOnce the for complete applications for site plan are established, the Official Plan may be required to outline submission requirements for siteplans. Effective Date July 1, 2022 April 14, 2022 April 14, 2022 law - be cial Plan is required to extended from 30 days to is Change & What It Means What it meansThe approval of site plan applications submitted on or after July 1, 2022 delegated to staff. The site plan application review period 60 days.The province can pass regulations to establish complete application requirements for site plan applications (similar to what currently exists for Zoning ByAmendments and OffiAmendments). LegislationAmended by Bill 109 , or law, - by s, Resourcey , at this time. anticipated Polic resource , and changes law - Kitchener ProcesByconsiderationsThere are no anticipated resource changes at this time.There are noprocess,policy Effective DateApril 14, 2022 - . and would be hectares, parkland would be arkland could be identified For sites less than or equal to For sites greater than five Change & What It MeansChangeNew requirements for alternative parkland dedication rates and ability for the Minister to order acceptance of parkland What it meansThe Province has implemented a tiered alternative parkland dedication rate for TransitOriented Communities (TOCs) to provide increased certainty of parkland requirements:-five dedicated up to 10% of the land or its value-hectares, parkland would be dedicated up to 15% of the land or its value.Pthrough an order by the Minister of Infrastructuredeemed to count towards any municipal parkland dedication requirements. LegislationAmended by Bill 109Amendments made to Sections 42 and 51.1 with respect to parkland requirements. , and law, or law, or flexible, The City -- by his time. s, Resourcey in what they , been regulations have . Polic through Bill 109, flexibility , and request that the Province traditionally law - Kitchener ProcesByconsiderationsThere are no anticipated process, resourcepolicy changes at this time. As the regulation making authority has now been established staff consider may consider not being permitted as a condition of subdivision approval. has allowing staff to tailor conditions to specific developmentshas a strong desire to continue this approach The associated not yet been released to understand the limitations the Province intends to impose through limiting conditions of approval.There are no anticipated process, resource, bypolicy changes at t . 2022 proclaimed Effective DateApril 14, To be r approval arding stablish subdivision to prescribe what Change & What It MeansChangeNew requirements regextensions of approvals by approval authorities. What it meansIf an approval of a plan of subdivision lapses before an extension is given, Council may deem the approval not to have lapsed unless five or more years have passed since thelapsed or the approval has previously been deemed not to have lapsed under this subsection. Change and what it meansThe Province can eregulationscannot be required as a condition of subdivision approval.ChangeThis section authorizes the Minister to make regulations regarding surety bonds and otheinstruments in relation to land use planning approvals. What it means LegislationAmended by Bill 109Amendments to Section 51(Subdivisions)New Section 70.3.1 , s, Resourcey Polic law, or policy - , and law - Kitchener ProcesByconsiderationsResource considerationsDepending on the requirements of the reporting to be established through Provincial regulations, there may be additional resources or reallocation of existing resources required. There are no anticipated process, bychanges at this time. Effective DateApril 14, 2022 related - n the report; the development Change & What It MeansThe Minister can authorize landowners and applicants to stipulate the type of surety bonds and other instruments to be used to secure obligations in connection with land use planning approvals. The increased use of surety bonds to secure obligations in connection with land use planning matters could free up resources which developers could use to invest in more housing projects.ChangeNew requirement for Council to require public reporting on development applications and approvals. What it meansAssociated regulations are anticipated to establish the information about planning matters to be included ipersons to whom the report must be provided; the frequency with which reports must be produced and provided; and the format in which the report must be provided. LegislationAmended by Bill 109New Section 64