Item - 2013.PG29.16
Tracking Status
- City Council adopted this item on December 16, 2013 with amendments.
- This item was considered by Planning and Growth Management Committee on December 4, 2013 and was adopted with amendments. It will be considered by City Council on December 16, 2013.
PG29.16 - Response to the Provincial Review of Land Use Planning and Appeal System
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on December 16, 17 and 18, 2013, adopted the following:
1. City Council amend Attachment to the report (December 2, 2013) from the Chief Planner and Executive Director, City Planning, regarding the Response to the Provincial Review of the Land Use Planning and Appeal System, by:
a. adding to Recommendation 3:
"The Province amend the Planning Act to restrict appeals regarding the refusal by City Council to amend a zoning by-law for a period of 5 years following its approval by Council or the zoning by-law taking effect following an appeal."
b. adding to Recommendation 11:
"The Province amend Section 45 of the Planning Act to increase transparency in the use of the minor variance and consent process by providing clarity and defining what is minor in nature."
c. deleting "of 5 years or" and replacing it with "and", in Recommendation 1.i., so that it now reads:
"i. Aligning the review of the PPS and provincial plans and provide that they have consistent review timeframes and extend the timeframe to an alternative time frame of either 7 or 10 years;"
2. City Council adopt Recommendations 1 to 19, set out in Attachment 1 of the report (December 2, 2013) from the Chief Planner and Executive Director, City Planning, as amended by Part1 above.
3. City Council forward this Item to the Minister of Municipal Affairs and Housing before January 10, 2014.
4. City Council request the City Manager to ask Provincial Staff to consult further with City staff in the preparation of any legislative, regulatory or other changes associated with the Review, as per the Toronto-Ontario Cooperation and Consultation Agreement;
5. City Council request the Minister of Municipal Affairs and Housing to undertake a broader review of Ontario’s land-use planning system to achieve improved accountability in addition to greater coordination of provincial initiatives, collaboration and transparency in Ontario’s land use planning system.
6. City Council request the Province to expand the scope of the Review to include other related matters, including the operations, practices, procedures and reporting requirements of the Ontario Municipal Board.
7. City Council request the Province to clarify and deem key policies and their implementation in municipal documents unappealable, particularly with respect to the Growth Plan and preclude the ability of entire municipal planning documents to be appealable.
8. City Council re-confirm its February 2012 position to the Minister of Municipal Affairs and Housing to amend the Planning Act, the Heritage Act and the City of Toronto Act to abolish Ontario Municipal Board (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plans, Urban Design Guidelines, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.
9. City Council re-confirm its February 2012 position to the Provincial Government that the Ontario Municipal Board be structured with a panel comprised of residents of Toronto, which would have exclusive jurisdiction over appeals arising from Toronto.
10. City Council re-confirm its February 2012 position supporting the request of the City of Mississauga to the Minister of Municipal Affairs and Housing for public consultations on these requests, and advise the Minister of Affairs and Housing of its support in writing and to offer assistance and liaise with local stakeholders including business owners, property owners, residents, and individuals and corporations working in land use development and planning.
11. City Council re-confirm its February 2012 position that should during the Ministry and City-lead public consultations, it be revealed that municipal jurisdictions wish to remain subject to OMB hearings, then Toronto City Council and other municipal jurisdictions by a majority vote, be granted the option of removal from the OMB's purview.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2013/pg/bgrd/backgroundfile-64553.pdf
(November 20, 2013) Report from the Chief Planner and Executive Director, City Planning on Response to the Provincial Review of Land Use Planning and Appeal System - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/pg/bgrd/backgroundfile-64194.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-44067.pdf
Motions (City Council)
That:
1. City Council re-confirm its February 2012 position to the Minister of Municipal Affairs and Housing to amend the Planning Act, the Heritage Act and the City of Toronto Act to abolish Ontario Municipal Board (OMB) jurisdiction over Zoning By-law Amendments, Official Plan Amendments, Site Plans, Urban Design Guidelines, Subdivision and Condominium Plan Approvals and Community Improvement Plans and appeals under the Heritage Act.
2. City Council re-confirm its February 2012 position to the Provincial Government that the Ontario Municipal Board be structured with a panel comprised of residents of Toronto, which would have exclusive jurisdiction over appeals arising from Toronto.
3. City Council re-confirm its February 2012 position of the City of Mississauga to the Minister of Municipal Affairs and Housing for public consultations on these requests, and advise the Minister of Affairs and Housing of its support in writing and to offer assistance and liaise with local stakeholders including business owners, property owners, residents, and individuals and corporations working in land use development and planning.
4. City Council re-confirm its February 2012 position that should during the Ministry and City-lead public consultations, it be revealed that municipal jurisdictions wish to remain subject to OMB hearings, then Toronto City Council and other municipal jurisdictions by a majority vote, be granted the option of removal from the OMB's purview.
Vote (Amend Item (Additional)) Dec-18-2013 7:18 PM
| Result: Carried | Majority Required - PG29.16 - Wong-Tam - motion 1 |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Jaye Robinson, David Shiner, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 11 | Members that voted No are Gary Crawford, Vincent Crisanti, Doug Ford, Rob Ford, Peter Leon, Gloria Lindsay Luby, Peter Milczyn, Cesar Palacio, Anthony Perruzza, Karen Stintz, Michael Thompson |
| Total members that were Absent: 13 | Members that were absent are Ana Bailão, Shelley Carroll, Raymond Cho, Josh Colle, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Giorgio Mammoliti, Denzil Minnan-Wong, Ron Moeser, John Parker, Gord Perks |
Vote (Adopt Item as Amended) Dec-18-2013 7:19 PM
| Result: Carried | Majority Required - PG29.16 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 30 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
| Total members that voted No: 5 | Members that voted No are Doug Ford, Rob Ford, Peter Leon, Gloria Lindsay Luby, Michael Thompson |
| Total members that were Absent: 10 | Members that were absent are Ana Bailão, Shelley Carroll, Raymond Cho, Frank Di Giorgio, John Filion, Paula Fletcher, Mark Grimes, Giorgio Mammoliti, Ron Moeser, John Parker |
PG29.16 - Response to the Provincial Review of Land Use Planning and Appeal System
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Planning and Growth Management Committee recommends that:
1. City Council amend Attachment 1 of the report (December 2, 2013) from the Chief Planner and Executive Director, City Planning, regarding the Response to the Provincial Review of the Land Use Planning and Appeal System, by:
a. adding to Recommendation 3:
"The Province amend the Planning Act to restrict appeals regarding the refusal by City Council to amend a zoning by-law for a period of 5 years following its approval by Council or the zoning by-law taking effect following an appeal."
b. adding to Recommendation 11:
"The Province amend Section 45 of the Planning Act to increase transparency in the use of the minor variance and consent process by providing clarity and defining what is minor in nature."
c. deleting "of 5 years or" and replacing it with "and", in Recommendation 1.i., so that it now reads:
"i. Aligning the review of the PPS and provincial plans and provide that they have consistent review timeframes and extend the timeframe to an alternative time frame of either 7 or 10 years;"
2. City Council adopt Recommendations 1-19, set out in Attachment 1 of the report (December 2, 2013) from the Chief Planner and Executive Director, City Planning, as amended by Recommendation 1 above;
3. City Council forward the report (December 2, 2013) from the Chief Planner and Executive Director, City Planning to the Minister of Municipal Affairs and Housing before January 10, 2014;
4. City Council request the City Manager to ask Provincial Staff to consult further with City staff in the preparation of any legislative, regulatory or other changes associated with the Review, as per the Toronto-Ontario Cooperation and Consultation Agreement;
5. City Council request the Minister of Municipal Affairs and Housing to undertake a broader review of Ontario’s land-use planning system to achieve improved accountability in addition to greater coordination of provincial initiatives, collaboration and transparency in Ontario’s land use planning system;
6. City Council request the Province to expand the scope of the Review to include other related matters, including the operations, practices, procedures and reporting requirements of the Ontario Municipal Board; and
7. City Council request the Province to clarify and deem key policies and their implementation in municipal documents unappealable, particularly with respect to the Growth Plan and preclude the ability of entire municipal planning documents to be appealable.
Origin
Summary
On October 24, 2013, the Ministry of Municipal Affairs and Housing announced a review of the “Land Use Planning and Appeal System” (the Review) and the “Development Charges in Ontario”. To assist in this Review the Provincial Government issued two discussion papers, which accompanied this announcement. The purpose of the Review is to ensure that Ontario’s land use planning and appeal system is “predictable, transparent, cost-effective and responsive to the changing needs of communities.”
This report provides comments and recommendations for legislative change around those issues raised by the Province, which are of particular interest or concern for the City in its daily interface with the land use planning and appeal system. Comments specifically dealing with the Development Charges Act have not been included in this report. Council has already endorsed a number of requested improvements to the legislation and implementation principles during consideration of the 2013 Development Charges By-law, the Scarborough Subway and the Metrolinx funding tools. Comments are due back to the Province by January 10, 2014.
The Province has made it clear that this Review does not include: consideration of the elimination of the OMB; the OMB’s operations, practices and procedures; removing or restricting the Province’s approval role and ability to intervene in planning matters; removing municipal flexibility in addressing local priorities; changing the “growth pays for growth” principle of development charges; education development charges and the development charges appeal system; creating additional fees and/or taxes; and, substantive matters involving other legislation.
In the case of the City of Toronto, the key pieces of legislation related to the land use planning and appeal system includes both the Planning Act and the City of Toronto Act, 2006. The Province has indicated that it will consider minor housekeeping changes to other legislation, such as the Ontario Building Code Act, for example, which has an interface with the two above noted Acts.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/pg/bgrd/backgroundfile-64553.pdf
(November 20, 2013) Report from the Chief Planner and Executive Director, City Planning on Response to the Provincial Review of Land Use Planning and Appeal System - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2013/pg/bgrd/backgroundfile-64194.pdf
Motions
1. That City Council amend the recommendations of the report dated December 2, 2013, and Attachment 1, from the Chief Planner and Executive Director, City Planning, with respect to the Response to the Provincial Review of the Land Use Planning and Appeal System, as follows:
(a) The Province amend the Planning Act to restrict appeals regarding the refusal by City Council to amend a zoning by-law for a period of 5 years following its approval by Council or the zoning by-law taking effect following an appeal.
(b) The Province amend Section 45 of the Planning Act to increase transparency in the use of the minor variance and consent process by providing clarity and defining what is minor in nature.
That Attachment 1, recommendation 1 i) of the report (December 2, 2013) from the Chief Planner and Executive Director, City Planning be amended by deleting "of 5 years or" and replacing it with "and".