HomeMy WebLinkAboutDTS-09-062 - Places to Grow - Minister's Exemption from Official Plan Requirements~~~~~~
Development &
Technical Services
REPORT T0: Development and Technical Services Committee
DATE OF MEETING: April 20, 2009
SUBMITTED BY: Alain Pinard, Interim Director of Planning (741-2319)
PREPARED BY: Alain Pinard, Interim Director of Planning (741-2319)
WARD(S) INVOLVED: All
DATE OF REPORT: April 8, 2009
REPORT NO.: DTS-09-062
SUBJECT: MINSTER'S EXEMPTION FROM PLACES TO GROW
REQUIREMENTS REGARDING OFFICIAL PLANS
RECOMMENDATION:
Whereas the Province's Places to Grow Act, 2005 requires municipalities within the
Greater Golden Horseshoe Growth Plan Area to amend their Official Plans to conform
with the Provincial Growth Plan by June 16, 2009;
And whereas area municipalities in the Regional Municipality of Waterloo are dependent
upon completion of the Regional Municipality of Waterloo Official Plan in order to
complete area municipal official plans and conform with the Places to Grow Act, 2005;
And whereas the Region of Waterloo is in the midst of reviewing its Official Plan to,
among other things, bring the Regional Official Plan into conformity with the Places to
Gro w A ct, 2005;
And whereas the Region contemplates adoption of the new Regional Official Plan by
June 16, 2009;
And whereas the Draft Regional Municipality of Waterloo Official Plan contains
provisions requiring area municipal official plans to be brought into conformity with the
approved Regional Municipality of Waterloo Official Plan within two years of the date of
approval of the Regional Official Plan;
Now therefore be it resolved that:
The Council of the City of Kitchener hereby advises the Ministry of Energy and
Infrastructure that the City of Kitchener cannot achieve the conformity requirements of
the Places to Grow Act, 2005 by June 16, 2009 and hereby requests that the Minister
extend the period for Official Plan conformity for area municipalities in the Regional
Municipality of Waterloo to within two years of the approval of the Region of Waterloo
Official Plan;
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AND THAT City of Kitchener Council authorizes the Mayor to forward the letter attached
as Appendix "A" to the Minister of Energy and Infrastructure.
BACKGROUND:
In June 2005, the Government of Ontario enacted the Places to Grow Act, 2005. The Act
enables the Government of Ontario to develop growth plans for designated growth plan areas
across Ontario. The first growth plan under this new legislation is the Growth Plan for the
Greater Golden Horseshoe which includes the City of Kitchener. The Growth Plan came into
full force and effect on June 16, 2006. The Growth Plan gives very specific direction to
municipalities that include intensification and density targets. Municipalities are required to
amend their official plans to conform to the Growth Plan by June 2009.
Kitchener's Official Plan contains many policies that are supportive of growth management and
there are no direct conflicts. However, the Official Plan does not contain clear direction on how
some of the Growth Plan requirements will be implemented and some of the permitted densities
are below minimum requirements. It is impractical and inefficient to develop and adopt an
official plan amendment for the sole purpose of addressing matters of conformity with the
Growth Plan before June 16, 2009. The scope of this amendment is dependent on the Region's
new Official Plan that is still under review and far from being finalized. It is also more efficient to
address Places to Grow in a holistic matter as part of the City's comprehensive official plan
review.
All of the area municipalities in Waterloo Region and many other area municipalities in the
Greater Golden Horseshoe are faced with the same situation. When asked for advice on how to
deal with this situation, staff of the Ministry of Energy and Infrastructure recommended that area
municipalities pursue a Minister's exemption that provides and explanation and justification for
the exemption from this requirement of the Places to Grow Act, 2005. All of the area
municipalities in Waterloo Region are pursuing a Minister's exemption from this deadline. Staff
from the seven area municipalities developed a common resolution and draft letter (with minor
variations to suit local circumstances) for their respective Council's to consider.
REPORT:
The City of Kitchener is committed to growth management and to the implementation of the
Growth Plan for the Greater Golden Horseshoe. The City of Kitchener approved the Kitchener
Growth Management Strategy (KGMS) on January 26, 2009. This document provides a road
map for implementing Places to Grow and other important growth management objectives
identified by our community. We are actively working on the KGMS actions items.
The City of Kitchener is also undertaking an Official Plan Review which will bring the City of
Kitchener Official Plan into conformity with the Provincial Growth Plan and the proposed new
Region of Waterloo Official Plan. An update on Kitchener's Official Plan Review process will be
provided at a future meeting. The scope of the Kitchener's Official Plan review is partly
dependent on the direction of the Region's new Official Plan that is still under review and far
from being finalized.
The City of Kitchener and the other local municipalities within the Region have been actively
involved in the preparation of the proposed new Region of Waterloo Official Plan. However,
given the scope of the changes proposed by the new Regional Official Plan it is impractical and
inefficient for the City of Kitchener to complete its Official Plan in advance of the Region's official
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plan review. Once the new Regional Official Plan is approved, the City of Kitchener will follow
shortly thereafter with the adoption of its new Official Plan.
FINANCIAL IMPLICATIONS:
There are no costs associated with pursuing a Minister's exemption. The City of Kitchener
would incur additional operating costs if it was required to develop and adopt an official plan
amendment for the sole purpose of addressing matters of conformity with the Government of
Ontario's Growth Plan before June 16, 2009.
COMMUNICATIONS:
n/a
CONCLUSION:
The City of Kitchener is committed to growth management and to the implementation of the
Growth Plan for the Greater Golden Horseshoe. Given the scope of the changes proposed by
the new Regional Official Plan it is impractical and inefficient for the City of Kitchener to
complete its Official Plan in advance of the Region's official plan review. As a result, all of the
area municipalities in Waterloo Region and many other area municipalities in the Greater
Golden Horseshoe are unable to amend their official plans to conform to the Growth Plan by
June 16, 2009. On the advice of staff from the Ministry of Energy and Infrastructure the City of
Kitchener and other area municipalities in the Region of Waterloo are pursuing a Minister's
exemption from the June 16, 2009 deadline of the Places to Grow Act, 2005.
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services
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Appendix "A"
April 28, 2009
Honorable George Smitherman
Minister of Energy and Infrastructure
Ontario Growth Secretariat
777 Bay Street, 4th Floor, Suite 425
Toronto, ON M5G 2E5
Minister Smitherman:
Re: Places to Grow Act, 2005 Official Plan Conformity Requirements
This is to advise that Kitchener City Council, at its regular meeting held on April 27, 2009,
passed the following resolution:
Whereas the Province's Places to Grow Act, 2005 requires municipalities
within the Greater Golden Horseshoe Growth Plan Area to amend their
Official Plans to conform with the Provincial Growth Plan by June 16, 2009;
And whereas area municipalities in the Regional Municipality of Waterloo
are dependent upon completion of the Regional Municipality of Waterloo
Official Plan in orderto complete area municipal official plans and conform
with the Places to Grow Act, 2005;
And whereas the Region of Waterloo is in the midst of reviewing its Official
Plan to, among other things, bring the Regional Official Plan into conformity
with the Places to Grow Act, 2005;
And whereas the Region contemplates adoption of the new Regional
Official Plan by June 16, 2009;
And whereas the Draft Regional Municipality of Waterloo Official Plan
contains provisions requiring area municipal official plans to be brought
into conformity with the approved Regional Municipality of Waterloo Official
Plan within two years of the date of approval of the Regional Official Plan;
Now therefore be it resolved that:
The Council of the City of Kitchener hereby advises the Ministry of Energy
and Infrastructure that the City of Kitchener cannot achieve the conformity
requirements of the Places to Grow Act, 2005 by June 16, 2009 and hereby
requests that the Minister extend the period for Official Plan conformity for
area municipalities in the Regional Municipality of Waterloo to within two
years of the approval of the Region of Waterloo Official Plan.
AND THAT City of Kitchener Council authorizes the Mayor to forward the
letter attached as Appendix "A" to the Minister of Energy and Infrastructure.
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The City of Kitchener is committed to growth management and to the implementation of the
Province's Places to Grow Growth Plan for the Greater Golden Horseshoe. The City of
Kitchener approved the Kitchener Growth Management Strategy (KGMS) on January 28, 2009.
This document provides a road map for implementing Places to Grow and other important
growth management objectives identified by our community. We are actively working on the
KGMS actions items.
The City of Kitchener is also undertaking an Official Plan Review which will bring the City of
Kitchener Official Plan into conformity with the Provincial Growth Plan and the proposed new
Region of Waterloo Official Plan. The City of Kitchener and the other local municipalities within
the Region have been actively involved in the preparation of the proposed new Region of
Waterloo Official Plan.
However, given the scope of the changes proposed by the new Regional Official Plan it is
impractical for the City of Kitchener to complete its Official Plan in advance of the Region
completing its Official Plan. Once the new Regional Official Plan is approved, the City of
Kitchener will follow shortly thereafter with adoption of its new Official Plan.
Therefore, the City of Kitchener respectfully requests an extension to the June 16, 2009
deadline to conform to the Greater Golden Horseshoe Growth Plan as stipulated by the Places
to Grow Act, 2005.
Sincerely,
Carl Zehr
Mayor, City of Kitchener
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