HomeMy WebLinkAboutCRPS-07-148 - Delegation re Planning Matters before the Ontario Municipal BoardJ
~-
Corporate Services
Report To: Mayor Zehr and Members of Council
Date of Meeting: December 10, 2007
Submitted By: Fiona M. McCrea, Assistant City Solicitor
Prepared By: Fiona M. McCrea, Assistant City Solicitor
Ward(s) Involved: All
Date of Report: December 6, 2007
Report No.: CRPS 07-148
Subject: DELEGATION RE PLANNING MATTERS BEFORE THE
ONTARIO MUNICIPAL BOARD
RECOMMENDATION:
That Council confirms that the Director of Planning, and during any absence, the Manager of
Development Review, is authorized to defend, appeal or participate in any Ontario Municipal
Board hearing pertaining to a decision rendered by Kitchener's Committee of Adjustment
regarding either consent or permission or minor variance applications and said authorization
also includes authorization to execute any documentation on behalf of the City to initiate
appeals and conclude the settlement of any matter; and,
Further, that Council confirms that the Director of Planning is authorized to put forward the City's
planning position through witnesses, documents and other evidence at any proceeding before
the Ontario Municipal Board that is consistent with the City's policies and/or Planning
recommendations and, where appropriate, secure Council's direction in camera for matters that
are beyond the normal official plan, zoning, planning, subdivision requirements relating to
planning matters; and,
Further, that Council confirms that the Director of Engineering Services is authorized to put
forward the City's engineering position through witnesses, documents and other evidence at any
proceeding before the Ontario Municipal Board that is consistent with the City's policies and/or
Engineering recommendations and, where appropriate, secure Council's direction in camera for
matters that are beyond the normal official plan, zoning, engineering, subdivision requirements
relating to engineering matters; and
Further, that Council confirms that the City's Solicitor is authorized to represent the City at any
proceedings before the Ontario Municipal Board and to secure, as required, Council's direction
in camera.
BACKGROUND:
In light of the new delegation policy it would be appropriate for Council to confirm by resolution
its standing practice with respect to representation at the Ontario Municipal Board and
presentation of the City's position in planning matters under appeal at the Board.
REPORT:
It has always been the practice that the City's solicitor attends hearings before the Ontario
Municipal Board on behalf of the City in respect of planning matters within or affecting the City
of Kitchener to represent the City's interests. Similarly, it has always been the practice that the
Director of Planning and the Director of Engineering Services have put forward the City's
position in such planning matters through witnesses, documents and other evidence consistent
with the applicable City policies and planning and/or engineering recommendations in those
matters. The City's solicitor, the Director of Planning and/or the Director of Engineering
Services seek Council's direction on issues and matters beyond the normal official plan, zoning,
engineering and subdivision requirements. Recently questions as to the authority of the City's
solicitor and/or planning and engineering staff to attend and represent the City's position at an
Ontario Municipal Board hearing have been asked. To date the Ontario Municipal Board has
been satisfied with oral submission explaining the standing practice.
It would be appropriate to confirm by resolution the authority of the City's solicitor to attend
hearings at the Ontario Municipal Board to represent the City's interests and the authority of the
Director of Planning and the Director of Engineering Services to put forward the City's planning
and engineering positions, respectively, in planning matters before the Ontario Municipal Board
consistent with City policy and their planning and engineering recommendations.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
The Director of Planning and the Director of Engineering Services have reviewed and concur
with the recommendation.
Fiona M. McCrea
Assistant City Solicitor
c.c. Jeff Willmer, Director of Planning
Grant Murphy, Director of Engineering Services